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New Zealand law explained for everyone

Conservation Act 1987

Control of dogs

26ZZM: Disposal of seized dog

You could also call this:

"What happens to a dog that's been taken by authorities"

If a dog is seized under section 26ZZL, the person who seized the dog can return it to its owner. They can also hold the dog in a kennel or give it to a territorial authority to be impounded under section 69 of the Dog Control Act 1996. You can read more about the Dog Control Act 1996 on the New Zealand legislation website.

If the dog is held in a kennel, the Director-General can decide to return it to its owner if the owner pays any charges they owe. The Director-General must tell the nearest territorial authority that the dog has been seized and give the owner written notice that they must claim the dog within 7 days. If the owner does not claim the dog, the Director-General can sell, destroy, or dispose of the dog.

If the dog's owner is unknown, the Director-General can sell, destroy, or dispose of the dog after 7 days. The Director-General's decision to sell, destroy, or dispose of the dog does not mean the former owner does not have to pay any fees they owe. You can read more about the Dog Control Act 1996, including section 42 and section 69, on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106085.

Topics:
Environment and resources > Conservation
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26ZZL: Seizure and destruction of dogs, or

"Rules for when authorities can take or put down dogs in certain areas"

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26ZZN: Supply of information in relation to ownership of dogs, or

"Keeping dog owner information private"

Part 5CControl of dogs

26ZZMDisposal of seized dog

  1. Where a warranted officer or any other person seizes a dog under any provision of section 26ZZL, that warranted officer or other person may—

  2. cause that dog to be returned to its owner; or
    1. hold the dog in a kennel under the Director-General's custody; or
      1. place the dog in the custody of a territorial authority to be impounded under section 69 of the Dog Control Act 1996.

        1. Where a dog is held by the Director-General under subsection (1)(b), the following provisions shall apply:

        2. the Director-General may, in his or her discretion, return the dog to its owner subject to payment by the owner of any charges incurred, unless the Director-General, in his or her discretion, decides to waive or reduce the charges:
          1. the Director-General or an employee of the Department shall, as soon as practicable after the dog has been seized,—
            1. give written notice to the nearest territorial authority that the dog has been seized and is held by the Department and shall include in that notice a description of the dog and any other means of identifying it:
              1. give written notice to the owner of the dog (where the owner of the dog is known or can reasonably be located) that the dog has been seized and that, unless the dog is claimed and any charges paid within 7 days of the receipt of that notice, the dog may be sold, destroyed, or otherwise disposed of in such manner as the Director-General thinks fit; and after the expiry of that period the Director-General may so dispose of the dog:
              2. where the owner of the dog is not known and cannot be identified, the Director-General may, after the expiry of 7 days after the date of the seizure of the dog, sell, destroy, or otherwise dispose of the dog in such manner as the Director-General thinks fit:
                1. the sale, destruction, or other disposal of a dog under these provisions shall not relieve any former owner of the dog of the liability to pay any fees incurred in respect of the dog's seizure, sustenance, and holding.

                  1. Where a dog which is not registered under the Dog Control Act 1996 but which ought to be so registered is held by the Department under subsection (1)(b), no offence is committed against section 42 of that Act by the person holding the dog under subsection (1)(b).

                  2. Except as provided in subsection (1)(c), nothing in section 69 of the Dog Control Act 1996 affects or limits the provisions of this section.

                  Notes
                  • Section 26ZZM: inserted, on , by section 3 of the Conservation Amendment Act (No 2) 1996 (1996 No 14).