42Offence of failing to register dog
Every person commits an offence and is liable on
conviction to a fine not exceeding $3,000 who is the owner of a dog of a greater age than 3 months unless the dog is registered under this Act for the current registration year.If a territorial authority has reasonable grounds to believe that a person has failed to comply with subsection (1), a dog control officer or dog ranger may—
- seize and impound the dog; and
- for the purposes of paragraph (a), enter, at any reasonable time, any land or premises (except a dwellinghouse) occupied by the owner of the dog.
This section does not apply to any person operating a pound or facility, or having custody of an unregistered dog for the purposes of—
- impounding the dog under this Act; or
- confining the dog in a transitional facility or containment facility approved under section 39 of the Biosecurity Act 1993; or
- keeping the dog in the custody of a society established to prevent cruelty to animals pending the dog's—
- recovery by its owner; or
- disposal to a new owner.
- recovery by its owner; or
However,—
- a person to whom subsection (3)(a) applies must not dispose of a dog other than in accordance with section 69A; and
- a person to whom subsection (3)(b) or subsection (3)(c) applies must not dispose of a dog (other than by destroying it), unless the dog is first registered under this Act.
Compare
- 1982 No 42 s 39
Notes
- Section 42: substituted, on , by section 26 of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 42(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 42(1): amended, on , by section 21 of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 42(3): substituted, on , by section 18 of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 42(4): added, on , by section 18 of the Dog Control Amendment Act 2004 (2004 No 61).