New Zealand Acts

DOG CONTROL ACT 1996 - SECT 56

56 Removal of barking dog causing distress

1 This section shall apply in any case where, at any time after a notice under section 55 has been issued,—

a) the notice has not been cancelled under subsection (3) of that section; and

b) the notice has not been complied with; and

c) a dog control officer or dog ranger has received a further complaint and has reasonable grounds for believing that the nuisance in respect of which the notice is issued is continuing and is causing distress to any person.

2 In any case to which subsection (1) applies, the dog control officer or dog ranger may enter upon the land or premises on which the dog is kept and remove the dog and the dog shall be kept in custody under section 70 .

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

a) he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012 ) made on application by the dog ranger or dog control officer in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012 ; and

b) he or she is accompanied by a constable.

3A None of the following persons may act as an issuing officer under this section:

a) the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or

b) any employee of the local authority that employs or engages the dog ranger or dog control officer.

4 Where a dog is removed pursuant to subsection (2), the dog control officer or dog ranger shall give written notice in the prescribed form to the owner of the dog or, if the owner is not present, the person for the time being appearing to be in charge of the land or premises and, if no person is present on the property, shall leave such notice in some conspicuous place on the land or premises.

5 The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an authority applied for or issued under subsection (3).

History: Section 56(3)(a): replaced, on 1 October 2012, by section 233(1) of the Search and Surveillance Act 2012 (2012 No 24).   Section 56(3A): inserted, on 1 October 2012, by section 233(2) of the Search and Surveillance Act 2012 (2012 No 24).     Section 56(5): inserted, on 1 October 2012, by section 233(3) of the Search and Surveillance Act 2012 (2012 No 24).