Dog Control Act 1996

Custody of dogs

72: Offence to release dog from custody

You could also call this:

"Releasing a dog from custody without permission is against the law"

If you release a dog from custody without following the rules of the Dog Control Act 1996, you are committing an offence. This means you cannot let a dog go if it is being held by a territorial authority, constable, dog control officer, or dog ranger, unless you are allowed to do so under this Act. You also cannot take a dog that has been released from custody without permission.

If you try to release or take a dog that is in custody, or if you have a dog that was released without permission, you can get in trouble. The dog can be held in custody by a territorial authority, constable, dog control officer, or dog ranger, or by someone who has agreed to care for the dog under section 67(b) of the Act.

If you commit this offence, you can be fined up to $3,000 if you are found guilty.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM375459.


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71B: District Court to determine appeal, or

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


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72A: Power of dog control officer or dog ranger to seize released dog, or

"When can dog control officers take a dog that was released incorrectly?"

72Offence to release dog from custody

  1. Every person commits an offence who, except in accordance with this Act,—

  2. releases or uplifts, or attempts to release or uplift, a dog that is, under this Act, in the custody of—
    1. a territorial authority, or constable, or dog control officer, or dog ranger; or
      1. any person who, under section 67(b), has agreed with a territorial authority to provide proper custody, care, and exercise for dogs impounded, seized, or committed to the custody of the territorial authority; or
      2. is in possession of a dog that has been unlawfully released or uplifted from the custody of a person specified in paragraph (a).
        1. Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $3,000.

        Notes
        • Section 72: substituted, on , by section 44 of the Dog Control Amendment Act 2003 (2003 No 119).
        • Section 72(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).