New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to this section, if a person is disqualified from owning a dog under section 25 the person must,—
(a) within 14 days of the date on which notice of the decision is given to the person, dispose of every dog owned by the person; and
(b) not subsequently be in possession of a dog at any time, except for the purpose of—
(i) preventing a dog from causing injury, damage, or distress; or
(ii) returning, within 72 hours, a lost dog to the territorial authority for the purpose of restoring the dog to its owner.
(2) Every dog disposed of under subsection (1)(a) of this section—
(a) Shall be disposed of in a manner that does not constitute an offence against this or any other Act; and
(b) Shall not be disposed of to any person who resides at the same address as the person disqualified.
(3) Where any person has, within 14 days after the date on which the notice of disqualification under section 25(4) of this Act is given to that person, lodged an objection under section 26 of this Act, subsection (1) of this section shall apply in relation to that person as if the reference in that subsection to section 25(4) of this Act were a reference to section 26(4) of this Act.
(4) Where any person has, within 14 days after the date on which the notice under section 26(4) of this Act is given to that person in respect of an objection to which subsection (3) of this section refers, lodged an appeal under section 27 of this Act, subsection (1) of this section shall apply in relation to that person as if the reference in that subsection to the date on which the notice under section 25(4) of this Act was given to that person were a reference to the date of the decision of a District Court on that appeal.
(5) Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who—
(a) Fails to comply with subsection (1) of this section; or
(b) Fails, in disposing of a dog under subsection (1) of this section, to comply with subsection (2) of this section; or
(c) At any time while disqualified under section 25 of this Act, becomes the owner of any dog in terms of this Act; or
(d) Disposes or gives custody or possession of any dog to any person, knowing that person to be disqualified under section 25 of this Act.
(6) Where any person is convicted of an offence against paragraph (a) or paragraph (c) of subsection (5) of this section, the territorial authority may extend the period of disqualification of that person until a date not later than 5 years after the date on which the offence occurred.
(7) Where any person fails to comply with subsection (1) of this section, any dog control officer may seize any dog owned by that person and, for that purpose, may, at any reasonable time, with all persons he or she calls to his or her assistance, enter onto the land or premises, including any dwellinghouse, of the owner of the dog.
Subsection (1) was substituted, as from 1 December 2003, by section 15(1) Dog Control Amendment Act 2003 (2003 No 119).
Subsection (2) was amended, as from 1 December 2003, by section 15(2) Dog Control Amendment Act 2003 (2003 No 119) by substituting the expression “subsection (1)(a)”
for the expression “subsection (1)”
.
Subsection (3) was amended, as from 1 December 2003, by section 15(3) Dog Control Amendment Act 2003 (2003 No 119) by substituting the expression “section 25(4)”
for the expression “section 25(5)”
in both places where it appears.
Subsection (4) was amended, as from 1 December 2003, by section 15(4) Dog Control Amendment Act 2003 (2003 No 119) by substituting the expression “section 25(4)”
for the expression “section 25(5)”
.
Subsection (5) was amended, as from 1 December 2003, by section 15(5) Dog Control Amendment Act 2003 (2003 No 119) by substituting the expression “$3,000”
for the expression “$1,500”
.