New Zealand Acts

DOG CONTROL ACT 1996 - SECT 25

25 Disqualification of owners

1 A territorial authority must disqualify a person from being an owner of a dog if—

a) the person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months; or

b) the person is convicted of an offence (not being an infringement offence) against this Act; or

c) the person is convicted of an offence against Part 1 or Part 2 of the Animal Welfare Act 1999 , section 26ZZP of the Conservation Act 1987 , or section 56I of the National Parks Act 1980 .

1A Subsection (1) does not apply if the territorial authority is satisfied that the circumstances of the offence or offences are such that—

a) disqualification is not warranted; or

b) the territorial authority will instead classify the person as a probationary owner under section 21 .

2 For the purposes of subsection (1)(a), a person must be treated as having 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 the infringement notice in respect of the offence issued to the person under section 66 has been paid.

3 A disqualification under subsection (1) continues in force for a period specified by the territorial authority not exceeding 5 years from the date of the third infringement offence or offences (as the case may be) in respect of which the person is disqualified.

4 If a person is disqualified under subsection (1), the territorial authority must, as soon as practicable, give written notice in the prescribed form to the person of that decision.

History: Section 25: substituted, on 1 December 2003, by section 14 of the Dog Control Amendment Act 2003 (2003 No 119).   Section 25(1): amended, on 7 July 2004, by section 7(1) of the Dog Control Amendment Act 2004 (2004 No 61).     Section 25(1A): inserted, on 7 July 2004, by section 7(2) of the Dog Control Amendment Act 2004 (2004 No 61).     Section 25(2)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).