Probationary owners

21 Classification of probationary owners

(1)

Where any person is convicted of any offence (not being an infringement offence) against this Act or any offence against Part 1 or Part 2 of the Animal Welfare Act 1999 in respect of a dog or any offence against section 26ZZP of the Conservation Act 1987 or section 56I of the National Parks Act 1980 or section 85 of the Te Urewera Act 2014, the territorial authority may classify that person as a probationary owner.

(2)

Where any person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months, the territorial authority may classify that person as a probationary owner.

(3)

For the purposes of subsection (2), a person shall be deemed to have committed an infringement offence if—

(a)

that person has been ordered to pay a fine and costs under section 375 of the Criminal Procedure Act 2011, or is deemed to have been so ordered under section 21(5) of the Summary Proceedings Act 1957; or

(b)

the infringement fee specified on an infringement notice in respect of that offence and issued to that person under section 66 has been paid.

(4)

Where any person is classified as a probationary owner under subsection (1), the territorial authority shall as soon as practicable give written notice in the prescribed form to that person of that decision.

(5)

This section applies only if section 25(1A) applies.

Section 21(1): amended, on 28 July 2014, by section 138 of the Te Urewera Act 2014 (2014 No 51).

Section 21(1): amended, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142).

Section 21(2): amended, on 1 December 2003, by section 11 of the Dog Control Amendment Act 2003 (2003 No 119).

Section 21(3)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 21(5): added, on 7 July 2004, by section 4 of the Dog Control Amendment Act 2004 (2004 No 61).