New Zealand Acts

DOG CONTROL ACT 1996 - SECT 71A

71A Disposal of dog seized under section 15 or 33EC

1 A territorial authority may sell, destroy, or otherwise dispose of a dog seized by a dog control officer or dog ranger under section 15(1)(c) , in any manner it thinks fit,—

a) if—

i) the territorial authority is not satisfied that the dog will be given access to proper and sufficient food, water, or shelter if the dog is returned to the land or premises from where it was removed; and

ii) the territorial authority has notified the owner of the dog in writing of its decision under subparagraph (i) and the right to appeal against it under section 71B ; and

iii) either—

A) 7 days have elapsed and no appeal has been made; or

B) an appeal has been made under section 71B and the District Court has not upheld it; or

b) if—

i) the territorial authority has notified the owner of the dog in writing of the matters set out in subsection (3); and

ii) not less than 7 days have elapsed; and

iii) either the dog—

A) has not been claimed by its owner; or

B) has been claimed by its owner but any outstanding fees owed in relation to the dog under this Act have not been paid; or

c) if, despite making reasonable efforts, the territorial authority has not identified the owner of the dog and the dog has been in its custody for not less than 7 days.

2 A territorial authority may sell, destroy, or otherwise dispose of a dog seized by a dog control officer or dog ranger under section 33EC , in any manner it thinks fit,—

a) if—

i) the territorial authority is not satisfied that the dog owner has demonstrated a willingness to comply with section 33E(1) or 33EB (as the case may be); and

ii) the territorial authority has notified the owner of the dog in writing of its decision under subparagraph (i) and the right to appeal against it under section 71B ; and

iii) either—

A) 7 days have elapsed and no appeal has been made; or

B) an appeal has been made under section 71B and the District Court has not upheld it; or

b) if—

i) the territorial authority has notified the owner of the dog in writing of the matters set out in subsection (3); and

ii) not less than 7 days have elapsed; and

iii) either the dog—

A) has not been claimed by its owner; or

B) has been claimed by its owner but any outstanding fees owed in relation to the dog under this Act have not been paid; or

c) if, despite making reasonable efforts, the territorial authority has not identified the owner of the dog and the dog has been in its custody for not less than 7 days.

3 A notice under subsection (1)(b)(i) or subsection (2)(b)(i) must state that—

a) the owner's dog is in the custody of the territorial authority; and

b) unless the dog is claimed and any outstanding fees paid no later than 7 days after the owner receives the notice, the territorial authority may sell, destroy, or otherwise dispose of the dog.

4 A territorial authority—

a) may apply any proceeds from the disposal of a dog under this section towards any fees owing in relation to the dog under this Act; and

b) must apply the surplus in accordance with section 9 .

5 If the territorial authority has, under section 68(1)(b) , set fees for the sustenance of impounded dogs, it may—

a) apply those fees to the sustenance of a dog kept in custody under this section; and

b) require the fees to be paid before the dog is returned under this section.

6 Subsection (5) is subject to any order made by a court under section 71B(4)(b) .

7 The disposal of a dog under this section does not cancel the liability of the former owner of the dog to pay any fees owing in relation to the dog under this Act.

History: Section 71A: inserted, on 28 June 2006, by section 25 of the Dog Control Amendment Act 2006 (2006 No 23).