The Short Title of this Act shall be “The Injuries by Dogs Act 1865.”

The owner of every dog shall be liable in damages for injury done to any sheep by his dog and if any dog shall in any public place in the Colony rush at bite or attack any person or shall in any such place rush at bite or attack any horse or bullock whereby any personal injury is done to any person or whereby any property shall be injured the owner of such dog shall be liable in damages for any injury such dog may have done or occasioned to such person or property and it shall not be necessary in any such case as aforesaid either of injury done to sheep or injury done or occasioned to persons or property for the party seeking damages to show a previous mischievous propensity in such dog or the owner’s knowledge of such mischievous propensity or that the injury was attributable to neglect on the part of the owners of the dog.

This Act shall not in any way repeal or affect any Act or Ordinance made or passed by any Provincial Council in New Zealand unless the same be clearly and directly repugnant hereto or inconsistent herewith and any penalties that may be imposed by any such Acts or Ordinances on owners of dogs for injuries done or caused by their dogs shall be paid notwithstanding anything in this Act contained the intent of this Act only being to provide a better remedy for private injury.

The occupier of any house or place or premises in which any dog which has injured or occasioned any injury as aforesaid to any sheep or cattle or person or property has been usually kept or permitted to live or remain at the time of such injury shall be liable as the owner of such dog unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was committed and that such dog was kept or permitted to live or remain in the said house or place or premises without his sanction or knowledge.

It shall be lawful for the owner or the agent of the owner of any sheep or cattle or any servant or person employed by such owner or agent to destroy any dog or dogs running at large amongst such sheep or cattle.

It shall be lawful for any person who shall see a dog or dogs being at large biting or attacking any person or any horse sheep or cattle or who shall himself be attacked by such dog or dogs to destroy the same without being answerable for damage occasioned thereby unless such dog or dogs shall at the time be in the immediate following of the owner of such dog or dogs or in his house or on the enclosed premises immediately adjacent thereto.