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Dog Control Act 1996

Custody of dogs

71B: District Court to determine appeal

You could also call this:

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

If you own a dog and a territorial authority makes a decision about your dog under section 71A(1)(a)(ii) or (2)(a)(ii), you can appeal to the District Court. You must lodge your appeal within 7 days of receiving a notice from the territorial authority under section 71A(1)(b)(i) or (2)(b)(i). The court will consider the matters specified in section 71A(1)(a)(i) or (2)(a)(i) and any submission from the territorial authority.

The court can then make a decision, which might be to uphold the territorial authority's decision or order the return of your dog. The court can also make an order about any fees you owe in relation to your dog under the Dog Control Act 1996. You can find more information about the rules the court follows by looking at section 71A(1)(a)(i) or (2)(a)(i).

When the court makes its decision, it will look at the information provided and make a ruling based on that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375457.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyGovernment and voting > Local councils
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"What happens to a dog that's been taken by a dog control officer"

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71BDistrict Court to determine appeal

  1. The owner of a dog to whom section 71A(1)(a)(ii) or (2)(a)(ii) applies may appeal to the District Court against the territorial authority's decision.

  2. An appeal must be lodged no later than 7 days after the owner receives a notice under section 71A(1)(b)(i) or (2)(b)(i).

  3. The court must consider the matters specified in section 71A(1)(a)(i) or (2)(a)(i), as the case may be, and any submission by the territorial authority concerned.

  4. The court may—

  5. uphold the territorial authority's decision or order the return of the dog:
    1. make an order in respect of any fees owing in relation to the dog under this Act.

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