Plain language law

New Zealand law explained for everyone

Dog Control Act 1996

Obligations of owner

64: Procedure where order made for destruction of dog

You could also call this:

"What to do if a court orders a dog to be put down"

If the District Court makes an order to destroy a dog, you must destroy the dog immediately if you have custody or control of it. You also need to get a certificate from a veterinarian, or a dog control officer or dog ranger, to prove the dog has been destroyed, and give this to the territorial authority within one month. You can get the certificate from a veterinarian, or a dog control officer or dog ranger, and this will confirm that the dog has been destroyed. If you do not destroy the dog, a constable, dog control officer, or dog ranger can seize and destroy the dog.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375426.

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64Procedure where order made for destruction of dog

  1. If the District Court makes an order for the destruction of any dog, any person having custody or control of the dog must—

  2. cause the dog to be destroyed immediately; and
    1. produce to the territorial authority within 1 month a certificate issued by a veterinarian, or a dog control officer or dog ranger, certifying that the dog has been destroyed.

      1. Where any such person does not cause the dog to be destroyed forthwith, any constable, dog control officer, or dog ranger may seize and destroy the dog.

      2. In the exercise of his or her powers under subsection (2), any constable, dog control officer, or dog ranger may, at any reasonable time, enter on any land or premises, including any dwellinghouse, and remove any dog that is the subject of an order for destruction.

      3. Nothing in subsection (3) shall authorise any dog control officer or dog ranger to enter any dwellinghouse unless he or she is accompanied by a constable.

      4. Where any dog is destroyed by any dog control officer or dog ranger acting under the authority of this section, the reasonable costs of the collection, destruction, and disposal of the dog shall constitute a debt recoverable by the territorial authority from the owner of the dog.

      5. A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $3,000.

      Compare
      • 1982 No 42 s 62
      Notes
      • Section 64(1): substituted, on , by section 40(1) of the Dog Control Amendment Act 2003 (2003 No 119).
      • Section 64(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 64(1)(b): amended, on , by section 29(8) of the Dog Control Amendment Act 2006 (2006 No 23).
      • Section 64(6): added, on , by section 40(2) of the Dog Control Amendment Act 2003 (2003 No 119).
      • Section 64(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).