Dog Control Act 1996

Custody of dogs

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

You could also call this:

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

If a dog is seized by a dog control officer, the territorial authority can sell, destroy, or dispose of the dog. You need to know that this can happen if the authority thinks the dog will not be cared for properly if it is returned to its owner. The authority must tell the owner in writing about its decision and the owner's right to appeal under section 71B.

If a dog is seized, the territorial authority can also sell, destroy, or dispose of it if the owner does not claim it within 7 days. The authority must notify the owner in writing and wait 7 days before taking action. If the dog is not claimed, the authority can dispose of it.

The territorial authority must notify the owner that their dog is in custody and that it may be sold, destroyed, or disposed of if not claimed within 7 days. If the authority sells the dog, it can use the money to pay any fees owed for the dog's care. Any leftover money must be handled according to section 9.

If you owe fees for your dog's care, you still have to pay them even if the dog is sold or disposed of. The territorial authority can charge you fees for your dog's food and care while it is in custody. You may have to pay these fees before you can get your dog back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375455.


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"What happens to your dog if it's a threat to public safety and might be taken away"


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71B: District Court to determine appeal, or

"The District Court decides appeals about dog ownership decisions made by the council."

71ADisposal 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,—

  2. if—
    1. 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
      1. 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
        1. either—
          1. 7 days have elapsed and no appeal has been made; or
            1. an appeal has been made under section 71B and the District Court has not upheld it; or
          2. if—
            1. the territorial authority has notified the owner of the dog in writing of the matters set out in subsection (3); and
              1. not less than 7 days have elapsed; and
                1. either the dog—
                  1. has not been claimed by its owner; or
                    1. has been claimed by its owner but any outstanding fees owed in relation to the dog under this Act have not been paid; or
                  2. 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.
                    1. 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,—

                    2. if—
                      1. 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
                        1. 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
                          1. either—
                            1. 7 days have elapsed and no appeal has been made; or
                              1. an appeal has been made under section 71B and the District Court has not upheld it; or
                            2. if—
                              1. the territorial authority has notified the owner of the dog in writing of the matters set out in subsection (3); and
                                1. not less than 7 days have elapsed; and
                                  1. either the dog—
                                    1. has not been claimed by its owner; or
                                      1. has been claimed by its owner but any outstanding fees owed in relation to the dog under this Act have not been paid; or
                                    2. 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.
                                      1. A notice under subsection (1)(b)(i) or subsection (2)(b)(i) must state that—

                                      2. the owner's dog is in the custody of the territorial authority; and
                                        1. 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.
                                          1. A territorial authority—

                                          2. 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
                                            1. must apply the surplus in accordance with section 9.
                                              1. If the territorial authority has, under section 68(1)(b), set fees for the sustenance of impounded dogs, it may—

                                              2. apply those fees to the sustenance of a dog kept in custody under this section; and
                                                1. require the fees to be paid before the dog is returned under this section.
                                                  1. Subsection (5) is subject to any order made by a court under section 71B(4)(b).

                                                  2. 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.

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