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 control of your vehicle, aircraft, ship, or animal if you're accused of hurting an animal."

If you are arrested for hurting an animal, a constable can take control of the vehicle, aircraft, ship, or animal you are in charge of. The constable can move it to another place and keep it there for a reasonable time. This is so they can search it under the Animal Welfare Act or another law that allows searches, or to give humane treatment to any animals that need it.

If you are on a ship that is not registered in New Zealand, the constable can only take control of it if it is in a New Zealand port or harbour, or in New Zealand's internal waters. You can find out what internal waters are by looking at the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

A constable can also take control of a ship if it is not entitled to be registered as a New Zealand ship, except in certain cases under the Ship Registration Act 1992, such as section 8(1)(b).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM51271.


Previous

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?"


Next

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

"Putting down sick or injured 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).