35 Supply of register information

(1)

The territorial authority shall not disclose, otherwise than in accordance with this section, information which is recorded in the register established under section 34 or in any application for registration under section 36 and which—

(a)

identifies, or will assist any person to identify, the name and address of the registered owner of any specified dog; or

(b)

identifies, or will assist any person to identify, the address at which any specified dog is ordinarily kept.

(2)

Subject to subsection (6), if

(a)

any constable; or

(b)

any officer of the Department of Conservation; or

(c)

any territorial authority; or

(d)

any society established for the prevention of cruelty to animals or for animal welfare purposes; or

(e)

any inspector under the Animal Welfare Act 1999; or

(f)

any veterinarian; or

(g)

any inspector under the Biosecurity Act 1993,—

requests, for any lawful purpose, the name and address of the registered owner of any specified dog or the names and addresses of the registered owners of dogs of any specified description or any other information recorded in the register in respect of that dog or dogs of that description, the territorial authority shall comply with the request.

(3)

Any person may apply to the territorial authority, in the prescribed form, for the name and address of the registered owner of any specified dog.

(4)

Where any person applies under subsection (3), and the territorial authority is satisfied of that person’s identity and that the information is required for a purpose specified in any of the provisions of paragraphs (a) to (e) of subsection (5) or referred to in paragraph (f) of that subsection, the territorial authority shall provide that information.

(5)

For the purposes of subsection (4), the purposes for which any person shall be entitled to be informed of the name and address of the registered owner of any specified dog shall be,—

(a)

in relation to any charge concerning an offence or alleged offence against the Animal Welfare Act 1999 or this Act or any regulations or bylaws made under this Act:

(b)

in relation to any request or claim for costs or compensation in respect of damage to property done or caused, or alleged to have been done or caused, by the dog:

(c)

in order to return the dog to its owner under section 52(4) or section 59(2) or section 60(2) where, in the opinion of the territorial authority, it is not desirable or not practicable for the dog to be delivered into the custody of a dog control officer or dog ranger:

(d)

in order to advise the owner of the destruction of the dog under section 59 or section 60:

(e)

in order to make a complaint under section 61(1):

(f)

any other purpose specified in relation to the dogs register—

(i)

in a code of practice issued, in relation to that register, under section 63 of the Privacy Act 1993; or

(ii)

in regulations made under section 78.

(6)

A territorial authority that complies with section 34(6) is not required to answer any request made under subsection (2)(c). Instead the request must be treated as a request made to the territorial authority referred to in section 35A(2).

Section 35(2): amended, on 7 July 2004, by section 14(1) of the Dog Control Amendment Act 2004 (2004 No 61).

Section 35(2)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 35(2)(e): amended, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142).

Section 35(2)(f): amended, on 28 June 2006, by section 29(6) of the Dog Control Amendment Act 2006 (2006 No 23).

Section 35(5)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 35(5)(a): amended, on 1 January 2000, pursuant to section 198 of the Animal Welfare Act 1999 (1999 No 142).

Section 35(6): added, on 7 July 2004, by section 14(2) of the Dog Control Amendment Act 2004 (2004 No 61).