2 Interpretation

In this Act, unless the context otherwise requires,—

disability assist dog means a dog certified by one of the organisations listed in Schedule 5 as being a dog that has been trained (or is being trained) to assist a person with a disability

district means the district of a territorial authority

dog control fee means any fee prescribed under section 37

dog control officer means a dog control officer appointed under section 11; and includes a warranted officer exercising powers under section 17

dog ranger means a dog ranger appointed under section 12; and includes an honorary dog ranger

domestic animal includes—

(a)

any animal (including a bird or reptile) kept as a domestic pet:

(b)

any working dog:

(c)

any other animal kept by any person for recreational purposes or for the purposes of that person’s occupation or employment

infringement offence has the meaning given to it in section 65(1)

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

neutered dog means a dog that has been spayed or castrated; and does not include a dog that has been vasectomised

owner, in relation to any dog, means every person who—

(a)

owns the dog; or

(b)

has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or

(c)

the parent or guardian of a person under the age of 16 years who—

(i)

is the owner of the dog pursuant to paragraph (a) or paragraph (b); and

(ii)

is a member of the parent or guardian’s household living with and dependent on the parent or guardian;—

but does not include any person who has seized or taken custody of the dog under this Act or the Animal Welfare Act 1999 or the National Parks Act 1980 or the Te Urewera Act 2014 or the Conservation Act 1987 or any order made under this Act or the Animal Welfare Act 1999

poultry means any live bird (including a domestic fowl, a duck, a goose, a turkey, a guinea-fowl, a pheasant, an emu, an ostrich, a quail, or a pigeon) that is kept or raised for the purpose of sale or of producing eggs, hatching eggs, or poultry products or for the purpose of rearing on behalf of another person

private way has the meaning given to it by section 315(1) of the Local Government Act 1974

protected wildlife means—

(a)

any animal for the time being absolutely protected pursuant to section 3 of the Wildlife Act 1953; and

(b)

any animal for the time being partially protected pursuant to section 5 of the Wildlife Act 1953, other than an animal in such circumstances that it may be hunted or killed under the authority of subsection (2) of that section; and

(c)

any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978

public place

(a)

means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and

(b)

includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward

register, as a noun, means a dogs register kept by a territorial authority under section 34

registration year has the same meaning as that given to the term financial year in section 5(1) of the Local Government Act 2002

specified agency

(a)

means—

(i)

the Aviation Security Service established under section 72B(2)(ca) of the Civil Aviation Act 1990:

(ii)

the Department of Conservation:

(iii)

the Department of Corrections:

(iv)

the Ministry of Agriculture and Forestry:

(v)

the Ministry of Defence:

(vi)

the Ministry of Fisheries:

(vii)

the New Zealand Customs Service:

(viii)

the New Zealand Defence Force:

(ix)

the New Zealand Police; and

(b)

includes the Director of Civil Defence Emergency Management

stock means—

(a)

any live horse, cattle, sheep, swine, alpaca, llama, bison, donkey, hinny, mule, or water buffalo that is not in a wild state:

(b)

any deer, goat, tahr, rabbit, possum, or other animal that is kept within a fence or enclosure for domestic or farming purposes

territorial authority has the same meaning as in the Local Government Act 2002; but, except for the purposes of section 7 of this Act, does not include any territorial authority that has united with any other territorial authority under clause 30(1)(b) of Schedule 7 of the Local Government Act 2002

veterinarian has the meaning given to it in section 4 of the Veterinarians Act 2005

warranted officer means any person who is for the time being a warranted officer within the meaning of the Conservation Act 1987

working dog means—

(a)

any disability assist dog:

(b)

any dog—

(i)

kept by the Police or any constable, the New Zealand Customs Service, the Ministry of Agriculture and Forestry, the Ministry of Fisheries, or the Ministry of Defence, or any officer or employee of any such department of State solely or principally for the purposes of carrying out the functions, powers, and duties of the Police or the department of State or that constable, officer, or employee; or

(ii)

kept solely or principally for the purposes of herding or driving stock; or

(iii)

kept by the Department of Conservation or any officer or employee of that department solely or principally for the purposes of carrying out the functions, duties, and powers of that department; or

(iv)

kept solely or principally for the purposes of destroying pests or pest agents under any pest management plan under the Biosecurity Act 1993; or

(iva)

kept by the Department of Corrections or any officer or employee of that department solely or principally for the purposes of carrying out the functions, duties, and powers of that department; or

(ivb)

kept by the Aviation Security Service established under section 72B(2)(ca) of the Civil Aviation Act 1990, or any officer or employee of that service solely or principally for the purposes of carrying out the functions, duties, and powers of that service; or

(ivc)

certified for use by the Director of Civil Defence Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Civil Defence Emergency Management Act 2002; or

(v)

owned by a property guard as defined in section 9 of the Private Security Personnel and Private Investigators Act 2010 or a property guard employee as defined in section 17 of that Act, and kept solely or principally for the purpose of doing the things specified in section 9(1)(a) to (c) of that Act; or

(vi)

declared by resolution of the territorial authority to be a working dog for the purposes of this Act, or any dog of a class so declared by the authority, being a dog owned by any class of persons specified in the resolution and kept solely or principally for the purposes specified in the resolution.

Compare: 1982 No 42 s 2; 1990 No 27 s 42

Section 2 companion dog: repealed, on 28 June 2006, by section 4(1) of the Dog Control Amendment Act 2006 (2006 No 23).

Section 2 disability assist dog: replaced, on 21 March 2019, by section 4 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

Section 2 district: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 guide dog: repealed, on 28 June 2006, by section 4(1) of the Dog Control Amendment Act 2006 (2006 No 23).

Section 2 hearing ear dog: repealed, on 28 June 2006, by section 4(1) of the Dog Control Amendment Act 2006 (2006 No 23).

Section 2 Minister: inserted, on 1 December 2003, by section 3(1) of the Dog Control Amendment Act 2003 (2003 No 119).

Section 2 owner: amended, on 28 July 2014, by section 138 of the Te Urewera Act 2014 (2014 No 51).

Section 2 owner: amended, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142).

Section 2 register: inserted, on 28 June 2006, by section 4(2) of the Dog Control Amendment Act 2006 (2006 No 23).

Section 2 registration year: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 specified agency: inserted, on 1 December 2003, by section 3(2) of the Dog Control Amendment Act 2003 (2003 No 119).

Section 2 stock paragraph (b): amended, on 12 December 2012, by section 4 of the Dog Control Amendment Act 2012 (2012 No 100).

Section 2 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 veterinarian: inserted, on 28 June 2006, by section 4(2) of the Dog Control Amendment Act 2006 (2006 No 23).

Section 2 working dog paragraph (a): substituted, on 28 June 2006, by section 4(3) of the Dog Control Amendment Act 2006 (2006 No 23).

Section 2 working dog paragraph (b)(i): amended, on 1 March 1998, pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 2 working dog paragraph (b)(i): amended, on 1 October 1996, pursuant to section 294(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 2 working dog paragraph (b)(iv): amended, on 18 September 2012, by section 93 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 2 working dog paragraph (b)(iva): inserted, on 1 December 2003, by section 3(3) of the Dog Control Amendment Act 2003 (2003 No 119).

Section 2 working dog paragraph (b)(ivb): inserted, on 1 December 2003, by section 3(3) of the Dog Control Amendment Act 2003 (2003 No 119).

Section 2 working dog paragraph (b)(ivc): inserted, on 1 December 2003, by section 3(3) of the Dog Control Amendment Act 2003 (2003 No 119).

Section 2 working dog paragraph (b)(v): substituted, on 1 April 2011, by section 121(1) of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).