New Zealand Acts

DOG CONTROL ACT 1996 - SECT 42

42 Offence of failing to register dog

1 Every person commits an offence and is liable on conviction to a fine not exceeding $3,000 who is the owner of a dog of a greater age than 3 months unless the dog is registered under this Act for the current registration year.

2 If a territorial authority has reasonable grounds to believe that a person has failed to comply with subsection (1), a dog control officer or dog ranger may—

a) seize and impound the dog; and

b) for the purposes of paragraph (a), enter, at any reasonable time, any land or premises (except a dwellinghouse) occupied by the owner of the dog.

3 This section does not apply to any person operating a pound or facility, or having custody of an unregistered dog for the purposes of—

a) impounding the dog under this Act; or

b) confining the dog in a transitional facility or containment facility approved under section 39 of the Biosecurity Act 1993 ; or

c) keeping the dog in the custody of a society established to prevent cruelty to animals pending the dog's—

i) recovery by its owner; or

ii) disposal to a new owner.

4 However,—

a) a person to whom subsection (3)(a) applies must not dispose of a dog other than in accordance with section 69A ; and

b) a person to whom subsection (3)(b) or subsection (3)(c) applies must not dispose of a dog (other than by destroying it), unless the dog is first registered under this Act.

Note: 1982 No 42 s 39

History: Section 42: substituted, on 1 December 2003, by section 26 of the Dog Control Amendment Act 2003 (2003 No 119).   Section 42(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).     Section 42(1): amended, on 28 June 2006, by section 21 of the Dog Control Amendment Act 2006 (2006 No 23).     Section 42(3): substituted, on 7 July 2004, by section 18 of the Dog Control Amendment Act 2004 (2004 No 61).     Section 42(4): added, on 7 July 2004, by section 18 of the Dog Control Amendment Act 2004 (2004 No 61).