Obligations of owner

52 Control of dogs generally

(1)

The owner of any dog shall keep that dog under control at all times.

(2)

Without limiting the generality of subsection (1), a dog shall, for the purposes of this Act, be deemed to be not under control—

(a)

if it is found at large on any land or premises other than a public place or a private way without the consent (express or implied) of the occupier or person in charge of that land or those premises; or

(b)

if it is found at large in any public place or in any private way in contravention of any regulation or bylaw.

(3)

Where a dog is not under control in terms of subsection (2), the dog control officer or dog ranger may seize the dog and cause it to be returned to its owner or impounded.

(3A)

A dog control officer or dog ranger in fresh pursuit of a dog that has been not under control in terms of subsection (2) may, at any reasonable time, enter on any land or premises (except a dwellinghouse) to seize and impound a dog if—

(a)

the dog is identified by the dog control officer or dog ranger; and

(b)

the dog is not under the control of any person or otherwise constrained; and

(c)

no person, other than a person under the age of 16 years, is present.

(4)

Where, in the opinion of—

(a)

the occupier of any land or premises, or of any other person acting with the authority of such occupier (whether express or implied); or

(b)

any person in any public place or in any private way,—

a dog is likely to cause annoyance or distress to any person or animal or damage to any property on the land or premises or in any public place or in any private way, the occupier or person may seize the dog and cause the dog to be returned to its owner, or to be delivered into the custody of a dog control officer or dog ranger.

(5)

Nothing in subsection (4) authorises any person to seize any dog that is under the direct control of any other person.

(6)

Where a dog is, under subsection (4), delivered into the custody of a dog control officer or dog ranger, the dog control officer or dog ranger may cause the dog to be returned to its owner or impounded.

(7)

Except as provided in subsection (3A), nothing in this section shall authorise a dog control officer or dog ranger to enter upon any land or premises other than a public place or a private way for the purposes of this section without the consent (express or implied) of the occupier or person for the time being in apparent charge of that land or those premises.

Compare: 1982 No 42 s 52

Section 52 heading: amended, on 1 December 2003, by section 31(1) of the Dog Control Amendment Act 2003 (2003 No 119).

Section 52(3A): inserted, on 1 December 2003, by section 31(2) of the Dog Control Amendment Act 2003 (2003 No 119).

Section 52(7): amended, on 1 December 2003, by section 31(3) of the Dog Control Amendment Act 2003 (2003 No 119).