A lawyer says the country's Dog Control Act is "one of the harshest in the world", favouring councils over dog owners.
Representing dogs and their owners who have suddenly been "caught up in the system", James Carter told Breakfast councils have "quite strong powers".
He pointed out a council can destroy a dog if it has been picked up roaming and there has been no communication with its owner for seven days.
Carter also said a dog can be destroyed by a court order, or if the owner surrenders the dog prior to heading to court.
After a conviction, he said, a council can disqualify a dog owner for up to five years.
Law needs changing
Carter felt there was a "very great inconsistency around interpretation and action" from councils under the Dog Control Act.
He said a dog attack was considered a matter of "strict liability", which needed changing.
"All councils effectively have to prove is that it happened and to prove the dog did the event."
Under the Dog Control Act, Carter said upon conviction a court must order a dog's destruction over a dog attack.
"There is no alternative for a judge."
He said recent changes to "exceptional circumstances", limiting it to a two-step process of "what happened" and whether the circumstances of the incident itself were exceptional, presented a further challenge to dog owners.
"That's a very high bar."
Carter told Breakfast he'd only been able to successfully argue it twice.
"It is an uphill push for dog owners."
Baloo on death row
One of the dog owners fighting for change to the act is Donna Newlands.
For about two years she has been battling a decision by a district court judge ordering her American pitbull cross, Baloo, be destroyed.
She recently lost in the Court of Appeal.
According to the courts, Baloo bit a 13-year-old papillon dog at Cable Bay, Nelson, which later died.
Newlands said a vet ruled the dog had received "superficial wounds" from the bite, but later died from shock.
She told Breakfast Baloo was not wearing his required muzzle at the time because he was going swimming. The muzzle was also cloth.
Newlands said the little dog had come up barking and followed Baloo down to the water, but Baloo had not showed any interest in it.
"I called Baloo back to me, but the little dog intercepted him and Baloo picked up by the back legs and moved him aside. He didn't maul it."
While she accepts dangerous dogs should be destroyed, Newlands feels it should not be as black and white as putting down a dog which has done something wrong for the first time.
She encouraged Breakfast viewers to join the Aspennz - Dogs Lives Matter NZ Facebook page.
Attacks in Auckland
Sarah Anderson, Auckland Council's animal management manager, said there are about 112,530 dogs registered in the region.
In the 2019/2020 financial year, there were 1572 dog attacks on people, stock or other animals.
She said of the 161 prosecutions taken, 17 destruction orders were issued by the court.
"Only a judge can order the destruction of a dog having received all the relevant information of the dog's history."
Anderson said prosecution of a dog owner was a "last resort" for the council.
"The safety of the public is a priority and we will prosecute when necessary. It has to be a serious incident for that to happen, for example, where dogs have attacked, causing serious harm or show repeated aggression."
She said the council's aim was to make dogs a positive part of Auckland life.
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