The Domestic Animals Act 2000 states that an animal nuisance exists if the keeping or behaviour of an animal causes a condition, state or activity that constitutes:
- damage to property owned by a person other than the keeper
- excessive disturbance to a person other than the keeper because of noise;
- danger to the health of an animal or a person other than the keeper.
It should be noted that all dogs bark to some degree and only some barking behaviour meets the criteria for "nuisance" as described above.