78Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
- prescribing the forms of applications, notices, and other documents for the purposes of this Act and requiring the use of such forms:
- specifying, for the purposes of section 35(4) and in relation to the dogs register, purposes for which any person shall be entitled to be informed of the name and address of the owner of any dog:
- prescribing conditions, standards, or procedures for the implantation of a microchip transponder in a dog in accordance with this Act:
- prescribing the types of microchip transponders that may be used for the purposes of this Act, and the standards to which they must conform:
- subject to subsection (2), regulating or prohibiting the keeping or possession, either generally or within any specified district or within any specified part of New Zealand, of dogs of any specified type or breed or cross-breed:
- providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
Regulations made under paragraph (c) of subsection (1) that relate to a particular breed or cross-breed of dog shall specify, with due particularity, the criteria that are to be used for the purpose of determining whether a dog is of a particular breed or cross-breed.
Every person commits an offence and is liable on
conviction to a fine not exceeding $3,000 who keeps or has possession of any dog in contravention of any regulations made under paragraph (c) of subsection (1); and the court shall, on convicting any person of that offence, make an order for the destruction of the dog unless satisfied that the circumstances of the offence were exceptional and are unlikely to be repeated.Nothing in subsection (3) makes it an offence for any person—
- to keep a dog, or to have a dog in that person's possession,—
- pursuant to a power of seizure conferred by this Act or any other Act; or
- in accordance with an order made under this Act for the destruction of that dog:
- pursuant to a power of seizure conferred by this Act or any other Act; or
- to impound a dog under this Act:
- to confine a dog in any quarantine facility registered under section 39 of the Biosecurity Act 1993:
- to hold a dog in the custody of any society established to prevent cruelty to animals.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 78(1)(ba): inserted, on , by section 45(1) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 78(1)(bb): inserted, on , by section 45(1) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 78(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 78(3): amended, on , by section 45(2) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 78(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).