New Zealand Acts

DOG CONTROL ACT 1996 - SECT 71

71 Retention of dog threatening public safety

1 This section shall apply where—

a) any constable, dog control officer, or dog ranger has, under section 57 or section 57A , seized any dog or been given custody of any dog or taken custody of any dog; and

b) the owner of the dog is to be prosecuted for an offence under section 57, section 57A, or section 58 ; and

c) the dog has been claimed by its owner and any fee payable under section 69(2) has been paid; and

d) the territorial authority is satisfied on reasonable grounds that the release of the dog would threaten the safety of any person, stock, poultry, domestic pet, or protected wildlife.

2 Except as otherwise provided in this section, every dog to which subsection (1) applies shall be kept in custody and given proper care and exercise until the prosecution referred to in subsection (1)(b) is determined by the court.

3 In every case to which subsection (1) applies, the territorial authority shall give written notice in the prescribed form to the person claiming the dog.

4 The owner of any dog which is, for the time being, kept in custody under subsection (2) may apply at any time to the territorial authority for the release of the dog.

5 Where application is made under subsection (4) and the territorial authority is satisfied that the release of the dog will not threaten the safety of any person, stock, poultry, domestic pet, or protected wildlife, the territorial authority shall, subject to subsection (7), return the dog.

6 Any person who has sought the return of a dog under subsection (4) and is dissatisfied with the decision of the territorial authority may appeal to the District Court against that decision, and the District Court, in hearing the appeal, shall consider the matters specified in subsection (5) and any submission by the territorial authority in support of its decision and may uphold that decision or order the return of the dog.

7 Where the territorial authority has, under section 68(1)(b) , set fees for the sustenance of impounded dogs, the territorial authority may apply those fees to the sustenance of any dog kept in custody under this section and may require the payment of those fees before any dog is returned under subsection (5) or, unless the District Court orders otherwise, subsection (2) or subsection (6).

8 In any case where the territorial authority requires fees under subsection (7) of this section to be paid before any dog is returned, and those fees have not been paid within 7 days of the receipt by the owner of written notice that the dog will be returned upon payment of those fees, the territorial authority may dispose of the dog in the manner authorised by section 69(3), and subsections (4) to (6) of that section shall apply as if the dog had been disposed of under that section.

History: Section 71(1)(a): amended, on 1 December 2003, by section 43(1) of the Dog Control Amendment Act 2003 (2003 No 119).   Section 71(1)(b): amended, on 1 December 2003, by section 43(2) of the Dog Control Amendment Act 2003 (2003 No 119).     Section 71(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).