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DOG AND CAT MANAGEMENT ACT 1995 - SECT 90

DOG AND CAT MANAGEMENT ACT 1995 - SECT 90

90—By-laws

        (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.