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57 Dogs attacking persons or animals z9 C, P: P6 |# J, {% k
(1)
7 i1 \7 p$ v+ }A person may, for the purpose of stopping an attack, seize or destroy a dog if—
! f/ K6 F- q( s- b( b(a)
( i" K) w' E* rthe person is attacked by the dog; or( a# m9 E/ c8 I" }% ~. L1 _- o
(b)
0 o" d. S" q* _+ u8 vthe person witnesses the dog attacking any other person, or any stock, poultry, domestic animal, or protected wildlife.
' ^) s% k! \, L, \/ ^' g* g8 N(2) F2 n; _9 j# }5 z
The owner of a dog that makes an attack described in subsection (1) commits an offence and is liable on conviction to a fine not exceeding $3,000 in addition to any liability that he or she may incur for any damage caused by the attack.
. O5 ?" K8 i" g7 e, K2 r; Y(3)
3 A, ?, a5 p4 H# UIf, in any proceedings under subsection (2), the court is satisfied that the dog has committed an attack described in subsection (1) and that the dog has not been destroyed, the court must make an order for the destruction of the dog unless it is satisfied that the circumstances of the offence were exceptional and do not warrant destruction of the dog.( G9 Q% U) o- j! H0 o) Q# o, a
(4)
8 t' }$ b+ v$ i# gIf a person seizes a dog under subsection (1), he or she must, as soon as practicable, deliver the dog into the custody of a dog ranger or dog control officer.6 b4 ]/ S4 _4 N( e3 D' d+ x% S4 {
(5)
$ a- y+ g8 c1 I6 I& yIf a dog control officer or dog ranger has reasonable grounds to believe that an offence has been committed under subsection (2), he or she may—
+ M* O7 ?# _0 Z# g(a)
3 T8 e' K3 _& J" l' N3 i/ Hseize and take custody of the dog; or
% q. G6 [8 A3 X. M# s, F- {(b)) t- o/ z) x, f
if seizure of the dog is not practicable, destroy the dog.% S8 y0 n4 p% {7 m
(6)7 J# F% t8 D$ K
A dog control officer or dog ranger may enter land or premises for the purposes of subsection (5), but may enter any dwellinghouse on the land or premises only if—
! }7 r7 ~ a, p5 G9 g2 c(a)0 R) h' {* W3 @% `
he or she is in fresh pursuit of a dog that—' C, X7 J( R3 M& r- w* m; _
(i). B% N3 X% _, M! d
he or she has reasonable grounds to believe has committed an attack described in subsection (1); and5 k7 r4 X0 g# r
(ii), B, r* s! f& {* g
has been identified by a witness to the attack; or* `: [3 o( u# S, R- [; Z( m
(b)9 ^, Z0 P) ?- m0 ]
he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), made on application by the dog ranger or dog control officer in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, who must not issue a warrant unless the issuing officer is satisfied that there are reasonable grounds to believe that an offence has been committed under subsection (2), and, in the case of a dog control officer, he or she is accompanied by a constable.
3 r4 i& x* a8 c" w9 x! U1 Q(6A)
1 E6 q% ^( S1 l$ i& n" ~0 V" I- WNone of the following persons may act as an issuing officer under this section:
+ s8 Y B3 X' o! u9 b; B(a)
$ @ A1 t% {* jthe mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or
' e( n. l! G" o" a( s# l(b)1 E+ N; j8 g4 p9 L% W
any employee of the local authority that employs or engages the dog ranger or dog control officer.
9 ~ k5 E, b3 I: I, v, \(6B)
) H8 b$ ?3 i# W* Z6 Y- o4 _( M7 q' `( {The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of an authority applied for or issued under subsection (6).
) `& `6 c6 R5 C' q) L(7), I8 B/ @, O& T9 I
To avoid doubt, a constable may exercise the powers conferred on a dog control officer or dog ranger by this section.; a! i0 f2 W! H- Y W# {) R
(8)8 ?$ p+ I% a- l6 E! a6 e; M
This section, section 57A, and section 58 do not apply in respect of a dog that—0 y; p' L$ m7 V# p- L3 G* f
(a)
; A3 a$ p: Q3 \$ ?5 p3 u- O; Cis kept, or is being used, or is certified for use by a specified agency; and" v9 T0 ]5 ~; ~
(b)
! W( l- T% k" ^is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency.! i0 {- o$ |6 V2 b
Compare: 1982 No 42 s 56(1)–(5), (7)
% [" N, P" z8 m7 GSection 57: substituted, on 1 December 2003, by section 35 of the Dog Control Amendment Act 2003 (2003 No 119).$ i+ |2 Y, N# ^4 p( E0 V- K3 A$ G- Y
Section 57(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
0 C* | p6 |- X" W0 ]$ o% {9 [Section 57(6)(b): amended, on 1 October 2012, by section 233(4) of the Search and Surveillance Act 2012 (2012 No 24).- E& ^( Y& u5 {# a
Section 57(6A): inserted, on 1 October 2012, by section 233(5) of the Search and Surveillance Act 2012 (2012 No 24).
' j% h7 ^8 q- `! V9 YSection 57(6B): inserted, on 1 October 2012, by section 233(5) of the Search and Surveillance Act 2012 (2012 No 24).! N6 f. x4 f: |+ m+ Z8 c& e% X
Section 57(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).% o2 w5 n! f0 V9 a7 x
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