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Animal Welfare Act 1999

Provisions relating to administration - Further provisions relating to powers of search and entry

137: Vehicle, aircraft, ship, or animal may be detained

You could also call this:

"The police can take your vehicle, aircraft, ship, or animal if you hurt an animal."

Illustration for Animal Welfare Act 1999

If you are arrested for hurting an animal, a constable can take your vehicle, aircraft, ship, or animal. The constable can move it to another place and keep it there for a short time. This is to search the vehicle or give the animal some care. If you have a ship, the constable can only do this if the ship is in a New Zealand port or harbour. The constable can also do this if the ship is in New Zealand waters, as defined by the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977. This law applies to ships that are not registered in New Zealand. A constable can take a vehicle, aircraft, or ship to search it under the Animal Welfare Act 1999, or another law that allows this. The constable can also move an animal to give it humane treatment. This is allowed under laws such as section 23 of the Animal Welfare Act 1999.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51271.

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Topics:
Crime and justice > Police and safetyAnimal welfare > Animal protectionTransport and travel > DrivingTransport and travel > Boating
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136A: Disposal of animals seized or taken into custody prior to commencement or determination of proceedings, or

"What happens to animals taken away from their owners before a court decision is made?"

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138: Destruction of injured or sick animals (other than marine mammals), or

"Putting down severely injured or sick animals to end their suffering"

Part 7Provisions relating to administration
Further provisions relating to powers of search and entry

137Vehicle, aircraft, ship, or animal may be detained

  1. If a constable arrests a person for an offence against section 22(2), 23(1) or (2), or 40(1) and the person is for the time being in charge of a vehicle, an aircraft, or a ship, or an animal, the constable may—

  2. take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and
    1. detain that vehicle, aircraft, or ship, or that animal, or both, at a place chosen by the constable for a period that is reasonably necessary to—
      1. conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises such a search; or
        1. provide humane treatment for any animal that is moved.

        2. Repealed

        3. In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 nor a ship entitled under any provision of that Act (other than section 8(1)(b)) to be registered as a New Zealand ship, the powers that a constable has, under subsection (1), may be exercised only if the ship—

        4. is in a port, harbour, roadstead, or anchorage in New Zealand; or
          1. is otherwise within the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

            Notes
            • Section 137(1): replaced, on , by section 197(1) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 137(2): repealed, on , by section 197(1) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 137(3): amended, on , by section 197(2) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 137(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).