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Impounding Act 1955

Procedure for disposing of unclaimed, suffering, or worthless impounded stock

52: Destruction of worthless or suffering animals

You could also call this:

"When to put an impounded animal down to end its suffering"

Illustration for Impounding Act 1955

If you have an animal that is impounded, a Justice, constable, Inspector of Stock, or registered veterinarian can say it should be destroyed if it is very sick or hurt and in pain all the time. They can also say this if the animal is not worth enough to pay for its food and care while it is impounded. If the people in charge of the pound cannot find the animal's owner after a reasonable time, they can arrange for the animal to be destroyed. The animal's body can be disposed of in any way the local authority thinks is suitable.

If the animal is not worth enough to pay for its care, the local authority must tell the owner they plan to destroy it. The owner has 48 hours to pay all the fees to get the animal back. If the owner does not pay, the local authority can destroy the animal.

If the animal is destroyed and its body is sold, the money from the sale is handled in the same way as money from selling impounded animals, as stated in sections 54, 55, and 65.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM294219.

Topics:
Environment and resources > Farming and fishing
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Part 8Procedure for disposing of unclaimed, suffering, or worthless impounded stock

52Destruction of worthless or suffering animals

  1. Notwithstanding section 46, but subject to subsection (2), if—

  2. any Justice, constable, Inspector of Stock, or registered veterinarian (being a person not interested in the matter) certifies in writing that an impounded animal—
    1. is so diseased, injured, or sick that it is in a state of continual suffering; or
      1. is of insufficient value to defray the poundage and sustenance fees of keeping the animal during the time prescribed by this Act; and
      2. the local authority having jurisdiction over the pound is unable to find the owner of the animal within a reasonable time after the Justice, constable, Inspector of Stock, or registered veterinarian has given such a certificate,—
          1. the local authority may arrange for the destruction of the animal and the disposal of the carcass in such manner as it thinks fit.

        1. The local authority may not destroy an impounded animal to which subsection (1)(a)(ii) relates, unless—

        2. the local authority has given written notice to the owner of its intention to destroy the animal; and
          1. the owner of the animal has not, within 48 hours after the giving of the notice, paid to that local authority all fees, trespass rates, and charges necessary to secure the release of the animal from the pound.

            1. Any proceeds from the sale of a carcass of an animal destroyed under subsection (1) must be dealt with in the same manner as is provided in sections 54, 55, and 65 in respect of the proceeds of the sale of impounded stock.

            Notes
            • Section 52: replaced, on , by section 194 of the Animal Welfare Act 1999 (1999 No 142).