New Zealand Acts

DOG CONTROL ACT 1996 - SECT 14

14 Power of entry

1 Where any dog control officer has good cause to suspect that an offence against this Act or against any bylaw made under this Act is being committed on any land or premises, the dog control officer, and all persons he or she calls to his or her assistance, may enter at any reasonable time onto the land or premises—

a) to inspect any dog for the time being appearing to be kept on that land or premises or to inspect the conditions in which any such dog is kept; and

b) if authorised under any other provision of this Act, to seize or take custody of any dog on the land or premises.

2 Where any dog control officer has good cause to suspect that an offence against this Act or against any bylaw made under this Act has, at any time in the preceding 6 months, been committed in respect of any dog for the time being appearing to be kept on any land or premises, the dog control officer, and all persons he or she calls to his or her assistance, may enter at any reasonable time onto the land or premises—

a) to inspect any dog on the land or premises; and

b) if authorised under any other provision of this Act, to seize or take custody of any dog on the land or premises.

3 Nothing in this section shall authorise any dog control officer to enter any dwellinghouse unless—

a) the entry is authorised by a warrant given by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012 ) on application by a dog control officer in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 ; and

b) he or she is accompanied by a constable.

4 This section is subject to any express provision to the contrary in this Act.

5 The provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 3, 5, and 6 ) apply.

6 Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

History: Section 14(3)(a): substituted, on 28 June 2006, by section 7(1) of the Dog Control Amendment Act 2006 (2006 No 23).   Section 14(3)(a): amended, on 1 October 2012, by section 232(1) of the Search and Surveillance Act 2012 (2012 No 24).     Section 14(4): added, on 28 June 2006, by section 7(2) of the Dog Control Amendment Act 2006 (2006 No 23).     Section 14(5): inserted, on 1 October 2012, by section 232(2) of the Search and Surveillance Act 2012 (2012 No 24).     Section 14(6): inserted, on 1 October 2012, by section 232(2) of the Search and Surveillance Act 2012 (2012 No 24).