New Zealand Acts

DOG CONTROL ACT 1996 - SECT 63

63 Owner liable for damage done by dog

1 The owner of a dog shall be liable in damages for damage done by the dog, and it shall not be necessary for the person seeking damages to show a previous mischievous propensity in the dog, or the owner's knowledge of any such mischievous propensity, or that the damage was attributable to neglect on the part of the owner of the dog.

2 This section does not apply in respect of any damage done by a dog that—

a) is kept, or is being used, or is certified for use by a specified agency; and

b) is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency; and

c) if, had this section not been enacted, there could be no claim for the damage against the agency concerned or any of its officers or employees or the owner of the dog.

Note: 1982 No 42 s 61 ; 1985 No 172 s 3

History: Section 63(2): substituted, on 1 December 2003, by section 39 of the Dog Control Amendment Act 2003 (2003 No 119).