Combined fee for dog registration and hydatid control

Schedule Sections Amended to Increase Maximum Penalties

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Dogs Registration Amendment Act 1976

Public Act		1976 No 56
Date of assent		25 November 1976

An Act to amend the Dogs Registration Act 1955

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Dogs Registration Amendment Act 1976, and shall be read together with and deemed part of the Dogs Registration Act 1955 (hereinafter referred to as the principal Act).

(2)

Except as provided in section 5(5) of this Act, this Act shall come into force on the 1st day of January 1977.

2 Interpretation

Section 2 of the principal Act is hereby amended—

(a)

By omitting from the definition of “local authority” the words “Town Council, or Road Board”, and substituting the words “District Council, or Town Council”:

(b)

By omitting from the said definition the words “or road district”.

3 Collars and labels to be kept at office

Section 5 of the principal Act (as substituted by section 3(1) of the Dogs Registration Amendment Act 1969) is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

Every person shall be entitled—

“(a)

On payment of the cost thereof, to receive a collar having a label affixed thereto; or

“(b)

At his option to receive a separate label or disc for attachment to a collar owned by him—

in respect of each dog that he registers.”

4 Mode of registering dogs

Section 7 of the principal Act is hereby amended by adding the following subsection:

“(6)

Notwithstanding anything in this section or in section 9a(2) of this Act as to payment of the registration fee, a local authority may remit, reduce, or refund the fee (including that part of a combined fee under the said section 9a which represents the registration fee) in any particular case where it is satisfied that there are special grounds for doing so.”

5 Registration fees

(1)

Section 8 of the principal Act is hereby amended by repealing subsections (1), (1a) (as inserted by section 4 of the Dogs Registration Amendment Act 1969), and (2), and substituting the following subsections:

“(1)

The fees payable for registration of dogs in the district of a local authority shall be those prescribed by resolution of that local authority. Any such resolution shall fix the same fee for spayed bitches and male dogs but, subject always to that restriction, may—

“(a)

Fix a fee for registration of a working dog, being a male dog or a spayed bitch, which is lower than the fee for other male dogs and for other spayed bitches:

“(b)

Fix the maximum number of working dogs which may be registered as such by one person:

“(c)

Fix a fee for the registration of an unspayed bitch which is higher than the fee for spayed bitches:

“(d)

Fix a fee for registration of a dog under a specified age (not exceeding 12 months) which is lower than the fee which would otherwise be payable for that dog:

“(e)

Fix a fee for the registration of a dog after the 1st day of May in any registration year (other than for a first registration not required, in accordance with section 3(1) of this Act, to be effected before that date) which is higher than the fee which would have been payable if the dog had been registered in respect of that year before the said 1st day of May.

“(2)

A local authority shall, in each year on one of the days between the 1st and the 15th days of March (both inclusive) publicly notify, in a newspaper circulating in its district,—

“(a)

The following fees and charges for the registration year beginning with the ensuing 1st day of April:

“(i)

The fees prescribed for the registration of dogs within its district both under subsection (1) of this section and section 9a(1) of this Act; and

“(ii)

The charge for a collar supplied by the local authority under subsections (2)(a) and (3) of section 5 of this Act which is expected to apply during the ensuing registration year, but without prejudice to any increase in such charge which may result from any increase in the cost of collars during that year:

“(b)

A statement of those classes of dogs which, in accordance with subsection (5) of this section, will qualify for registration as working dogs during the ensuing registration year, but without prejudice to any amendment which may be properly made pursuant to the said subsection during that year.

“(2a)

Failure by a local authority to give the public notice required by subsection (2) of this section, in accordance with that subsection, or the occurrence of any error or mis-description in such public notice shall not affect the liability of any person to comply with this Act or to pay any fee which is prescribed by the local authority under subsection (1) of this section.

“(2b)

Notwithstanding anything in this Act or in section 32 of the Hydatids Act 1968, no increase in the fees required to be notified under subsection (2)(a)(i) of this section for a registration year shall come into effect during that year.

“(2c)

Where the fee for the registration of any dog for any registration year is paid before the commencement of that year and the dog dies before the commencement of that year, the local authority shall, upon request, refund the fee to the person who paid it.”

(2)

Section 8(4) of the principal Act is hereby amended by omitting the words “bitches which is higher than that fixed in respect of male dogs”, and substituting the words “unspayed bitches which is higher than that fixed for spayed bitches”.

(3)

Section 8(5) of the principal Act is hereby amended by repealing the proviso.

(4)

The said section 8(5) is hereby further amended by adding the following paragraph:

“(c)

Declared by resolution of the local authority to be a working dog for the purposes of this section, being a dog owned by any class of persons specified in the resolution and kept solely for the purpose of any work specified therein.”

(5)

Notwithstanding section 8(1) of the principal Act (as inserted by section 5(1) of this Act) no fees in respect of the registration of dogs shall be increased, or new fee imposed, so as to take effect before the registration year commencing on the 1st day of April 1977, unless such increase or imposition could lawfully have been made under section 8(1) of the principal Act (as repealed by the said section 5(1)).

(6)

The following enactments are hereby consequentially repealed:

(a)

Section 4 of the Dogs Registration Amendment Act 1969:

(b)

Section 11(3) of the Hydatids Amendment Act 1972.

6 Half fees

Section 9 of the principal Act (as amended by section 2(2)(c) of the Dogs Registration Amendment Act 1965) is hereby further amended by inserting, after the words “in any registration year”, the words “(other than a first registration required by section 3(1) of this Act to have been made before the expiry of that month)”.

7 Combined fee for dog registration and hydatid control

(1)

Section 9a(1) of the principal Act is hereby amended—

(a)

By omitting the words “publicly notified in some newspaper circulating in its district”:

(b)

By omitting the words “maximum registration fees that may be”, and substituting the words “registration fees”:

(c)

By omitting the words “hydatid-control”, in both places where they occur, and substituting the words “hydatids control”.

(2)

Subsections (2) and (3) of section 9a of the principal Act are hereby amended by omitting the words “hydatid-control” in each place where they occur, and substituting the words “hydatids control”.

(3)

The said section 9a(3) is hereby further amended by omitting the words “Hydatid Control” in each place where they occur, and substituting the words “Hydatids Control”.

8 Impounding of dogs

(1)

Section 30a of the principal Act (as inserted by section 2 of the Dogs Registration Amendment Act 1962 and amended by section 7(1) of the Decimal Currency Act 1964) is hereby further amended—

(a)

By omitting from subsection (2) the expression “not exceeding $2”:

(b)

By omitting from subsection (3)(b) the expression “21 days”, and substituting the expression “10 days”.

(2)

The said section 30a is hereby further amended by inserting, after subsection (2), the following subsection:

“(2a)

The amount of the poundage fee referred to in subsection (2) of this section shall be such as may, from time to time, be fixed by resolution of the local authority, which resolution shall be publicly notified, at least 14 days before the resolution comes into effect, in a newspaper circulating in the district of the local authority.”

9 Increase of maximum penalties

The sections of the principal Act (as amended by section 7(1) of the Decimal Currency Act 1964) set out in the first column of the Schedule hereto are hereby further amended in the manner indicated opposite thereto in the second column of that Schedule.

Schedule Sections Amended to Increase Maximum Penalties

Section 9

Section Amended	Amendment
Sections 3(2), 7(3), 8(3), 16, 17, 23, 24(1), and 24(2)	By omitting the expression “$40” in each place where it occurs, and substituting the expression “$100”.
Sections 3(3), 11(2), 11a(2), 22(2), 24(3), and 28(2)	By omitting the expression “$10” in each place where it occurs, and substituting the expression “$20”.

This Act is administered in the Department of Internal Affairs.

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Dogs Registration Amendment Act 1976