DOG AND CAT MANAGEMENT ACT 1995 - SECT 90
DOG AND CAT MANAGEMENT ACT 1995 - SECT 90
(1) A district or
municipal council may make by-laws for the control or management of dogs or
cats within its area.
(2) Without limiting
the generality of subsection (1), the by-laws may—
(a)
limit the number of dogs or cats that may be kept on any premises;
(b) fix
periods during which dogs or cats must be effectively confined to premises
occupied by a person who is responsible for the control or entitled to the
possession of the dog or cat;
(c)
require dogs or cats to be identified in a specified manner or in specified
circumstances;
(d)
require dogs or cats to be effectively controlled, secured or confined in a
specified manner or in specified circumstances;
(da) set
aside specified areas where dogs are prohibited or for specified activities
relating to dogs to be carried out in a specified manner or in specified
circumstances;
(e) make
provision for a registration scheme for cats (including payment of a fee for
registration);
(f)
exempt (conditionally or unconditionally) classes of persons or activities
from the application of the by-laws or specified provisions of the by-laws.
(3) By-laws under this
Act—
(a) may
be of general application or limited application;
(b) may
make different provision according to the matters or circumstances to which
they are expressed to apply;
(c) may
provide that a matter or thing in respect of which by-laws may be made is to
be determined according to the discretion of the council.
(4) However, a by-law
limiting the number of dogs or cats that may be kept on premises does not
apply in relation to a kennel in respect of which a development authorisation
is in force under the Development Act 1993 so as to prevent dogs or cats
being kept as contemplated by that authorisation.
(5) The
Local Government Act 1999 applies to by-laws made under this section
subject to the following modifications:
(a) a
council must, at least 42 days before resolving to make the by-law (and
consequently at least 21 days before public notice of the proposed by-law is
given) refer the proposed by-law to the Board; and
(b) at
the same time the council must provide a report to the Board—
(i)
outlining the objects of the proposed by-law; and
(ii)
setting out how it is proposed to implement or enforce
the proposed by-law; and
(iii)
explaining the reasons for any difference in the proposed
by-law from other by-laws about a similar subject matter applying or proposed
to apply in other council areas; and
(c) the
council must consider any recommendations of the Board relating to the by-law.