DOG AND CAT MANAGEMENT ACT 1995 - SECT 61

DOG AND CAT MANAGEMENT ACT 1995 - SECT 61

61—Procedure following seizure of dog

        (1)         If a dog is seized under this Division, it must either—

            (a)         be returned to a person who owns or is responsible for the control of the dog; or

            (b)         be detained in a facility approved by the Board for the purpose of detaining dogs.

        (2)         If a dog is detained, the person causing it to be detained must—

            (a)         cause a notice to be displayed at the office of the council for the area in which the dog was seized (or if the dog was seized outside municipal and district council areas, at the police station nearest to where the dog was seized) containing—

                  (i)         a general description of the dog; and

                  (ii)         the day and time it was seized; and

                  (iii)         contact details of a person or body to whom further enquiries can be made; and

            (b)         if a person who owns or is responsible for the control of the dog is known to the person or is readily ascertainable—cause notice of the detention to be given, as soon as practicable, to the owner or other person in the manner and form required by the Board.

        (3)         A notice under subsection (2)(a) must remain displayed for at least 72 hours.

        (4)         If a dog is seized in order to prevent or stop it attacking, harassing or chasing a person or an animal or bird or because it is unduly dangerous—

            (a)         the council must, as soon as practicable, proceed to consider making an order in relation to the dog or applying to the Magistrates Court for an order in relation to the dog; and

            (b)         if notice of an intention to make an order in relation to the dog has not been given, or an application to the Magistrates Court has not been made, within 7 days after the dog was seized, the dog must be returned to a person entitled to its return.

        (5)         If a Control (Dangerous Dog) Order is made or in force in respect of a dog detained under this section, the person responsible for the dog while so detained may—

            (a)         in the case of a dog that is required to be, but is not, microchipped—cause the dog to be microchipped;

            (b)         in the case of a dog that is not desexed—cause the dog to be desexed.

        (6)         The cost of taking action under subsection (5) may be recovered from the person who owns or is responsible for the control of the dog as a debt due to the council incurring the cost.