New Zealand Acts

DOG CONTROL ACT 1996 - SECT 28

28 Effect of disqualification

1 Subject to this section, if a person is disqualified from owning a dog under section 25 the person must,—

a) within 14 days of the date on which notice of the decision is given to the person, dispose of every dog owned by the person; and

b) not subsequently be in possession of a dog at any time, except for the purpose of—

i) preventing a dog from causing injury, damage, or distress; or

ii) returning, within 72 hours, a lost dog to the territorial authority for the purpose of restoring the dog to its owner.

2 Every dog disposed of under subsection (1)(a) —

a) shall be disposed of in a manner that does not constitute an offence against this or any other Act; and

b) shall not be disposed of to any person who resides at the same address as the person disqualified.

3 Where any person has, within 14 days after the date on which the notice of disqualification under section 25(4) is given to that person, lodged an objection under section 26, subsection (1) of this section shall apply in relation to that person as if the reference in that subsection to section 25(4) were a reference to section 26(4).

4 Where any person has, within 14 days after the date on which the notice under section 26(4) is given to that person in respect of an objection to which subsection (3) of this section refers, lodged an appeal under section 27, subsection (1) of this section shall apply in relation to that person as if the reference in that subsection to the date on which the notice under section 25(4) was given to that person were a reference to the date of the decision of the District Court on that appeal.

5 Every person commits an offence and is liable on conviction to a fine not exceeding $3,000 who—

a) fails to comply with subsection (1); or

b) fails, in disposing of a dog under subsection (1), to comply with subsection (2); or

c) at any time while disqualified under section 25 , becomes the owner of any dog in terms of this Act; or

d) disposes or gives custody or possession of any dog to any person, knowing that person to be disqualified under section 25 .

6 Where any person is convicted of an offence against paragraph (a) or paragraph (c) of subsection (5), the territorial authority may extend the period of disqualification of that person until a date not later than 5 years after the date on which the offence occurred.

7 Where any person fails to comply with subsection (1), any dog control officer may seize any dog owned by that person and, for that purpose, may, at any reasonable time, with all persons he or she calls to his or her assistance, enter onto the land or premises, including any dwellinghouse, of the owner of the dog.

History: Section 28(1): substituted, on 1 December 2003, by section 15(1) of the Dog Control Amendment Act 2003 (2003 No 119).   Section 28(2): amended, on 1 December 2003, by section 15(2) of the Dog Control Amendment Act 2003 (2003 No 119).     Section 28(3): amended, on 1 December 2003, by section 15(3) of the Dog Control Amendment Act 2003 (2003 No 119).     Section 28(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 28(4): amended, on 1 December 2003, by section 15(4) of the Dog Control Amendment Act 2003 (2003 No 119).     Section 28(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).     Section 28(5): amended, on 1 December 2003, by section 15(5) of the Dog Control Amendment Act 2003 (2003 No 119).