Dog Control Amendment Act 2003

1: Title
1: This Act is the Dog Control Amendment Act 2003.
2: In this Act, the Dog Control Act 1996 the principal Act
2: Commencement
1: Section 32
2: Section 24
3: Section 23
4: The rest of this Act comes into force on 1 December 2003. Subsection (2) amended 7 July 2004 27(2) Dog Control Amendment Act 2004 by substituting the words Section 24 comes Sections 24 and 42 come
3: Interpretation
1: Section 2 Minister
2: Section 2 registration year specified agency
a: means—
i: the Aviation Security Service established under section 72B(2)(ca) of the Civil Aviation Act 1990
ii: the Department of Conservation:
iii: the Department of Corrections:
iv: the Ministry of Agriculture and Forestry:
v: the Ministry of Defence:
vi: the Ministry of Fisheries:
vii: the New Zealand Customs Service:
viii: the New Zealand Defence Force:
ix: the New Zealand Police; and
b: includes the Director of Civil Defence and Emergency Management.
3: Section 2 paragraph (b)(iv) working dog
iva: kept by the Department of Corrections or any officer or employee of that Department solely or principally for the purposes of carrying out the functions, duties, and powers of that Department; or
ivb: kept by the Aviation Security Service established under section 72B(2)(ca) of the Civil Aviation Act 1990
ivc: certified for use by the Director of Civil Defence Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Civil Defence Emergency Management Act 2002 .
4: Objects
Section 4(a)(ii) and menacing dogs
1: Functions, duties, and powers of territorial authorities
5: Duty of territorial authorities to adopt policy on dogs
1: Section 10 subsection (4)
4: In adopting a policy under this section, the territorial authority must have regard to—
a: the need to minimise danger, distress, and nuisance to the community generally; and
b: the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and
c: the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and
d: the exercise and recreational needs of dogs and their owners.
2: Section 10 subsection (6)
6: The territorial authority must give effect to a policy adopted under this section—
a: by making the necessary bylaws, which must come into force not later than the 60th day after the adoption of the policy; and
b: by repealing, before the 60th day after the adoption of the policy, any bylaws that are inconsistent with the policy.
3: Section 10 subsection (8)
8A: The adoption of a policy or amended policy in accordance with this section satisfies the requirements of sections 86, 155, and 156(1) of the Local Government Act 2002 subsection (6)
6: New
section 10A The principal Act is amended by inserting, after section 10
10A: Territorial authority must report on dog control policy and practices
1: A territorial authority must, in respect of each financial year, report on the administration of—
a: its dog control policy adopted under section 10
b: its dog control practices.
2: The report must include, in respect of each financial year, information relating to—
a: the number of registered dogs in the territorial authority district:
b: the number of probationary owners and disqualified owners in the territorial authority district:
c: the number of dogs in the territorial authority district classified as dangerous under section 31
d: the number of dogs in the territorial authority district classified as menacing under section 33A or section 33C
e: the number of infringement notices issued by the territorial authority:
f: the number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints:
g: the number of prosecutions taken by the territorial authority under this Act.
3: The territorial authority must give public notice of the report—
a: by means of a notice published in—
i: 1 or more daily newspapers circulating in the territorial authority district; or
ii: 1 or more other newspapers that have at least an equivalent circulation in that district to the daily newspapers circulating in that district; and
b: by any means that the territorial authority thinks desirable in the circumstances.
4: The territorial authority must also, within 1 month after adopting the report, send a copy of it to the Secretary for Local Government.
2: Dog control officers and dog rangers
7: New
section 15 The principal Act is amended by repealing section 15
15: Power of dog control officer or dog ranger to feed and shelter dogs
1: A dog control officer or dog ranger who has reasonable grounds to suspect that a dog is without access to proper and sufficient food, water, or shelter may enter on any land or premises where the dog is present and do 1 or more of the following things:
a: supply the dog with food, water, or shelter:
b: enter onto the land or premises from time to time to continue to supply the dog with food, water, or shelter:
c: seize the dog and remove it from the land or premises.
2: A dog may be seized and removed under subsection (1)(c)
a: is satisfied that the dog is without access to proper and sufficient food, water, or shelter; and
b: has reasonable cause to suspect that (but for the food, water, or shelter supplied by the dog control officer or dog ranger) the dog will not be given access to proper and sufficient food, water, or shelter within the next 24 hours.
3: If a dog is seized under subsection (1)(c)
a: must give written notice in the prescribed form to the owner of the dog or, if the owner is not present, to the person for the time being appearing to be in charge of the property; and
b: may retain custody of the dog until such time as the dog control officer or dog ranger is satisfied that the dog will receive proper and sufficient food, water, or shelter from its owner.
4: For the purposes of subsection (3)
5: All reasonable costs incurred in the seizure, custody, sustenance, and transport of a dog under this section may be recovered as a debt from the owner of the dog.
6: Section 70 subsection (1)(c) section 56 section 70
8: Wilful obstruction of dog control officer or dog ranger
Section 18 $1,500 $3,000
9: Power of constable, dog control officer, or dog ranger to request information
1: The heading to section 19 about owner
2: Section 19 subsections (1) (2)
1: A constable, dog control officer, or dog ranger may, for the purposes of this Act, request the following persons to state his or her full name, date of birth, address, telephone contact number, and place of work (if applicable):
a: any person appearing to be in charge of a dog; or
b: any person appearing to be the occupier of any land or premises on which a dog for the time being is being kept.
1A: If a person referred to in subsection (1)(a) or (b)
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who, without reasonable excuse, fails or refuses to comply with a lawful request under subsection (1)
10: New
section 19A The principal Act is amended by inserting, after section 19
19A: Power of constable, dog control officer, or dog ranger to request information about dog
1: A constable, dog control officer, or dog ranger may, for the purposes of this Act, request the owner of a dog to state the name, gender, and a description of the dog.
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who, without reasonable excuse, fails to comply with a lawful request under subsection (1)
11: Classification of probationary owners
Section 21(2) offences (not relating to a single incident or occasion)
12: Probationary owners
Section 23(3) to (7)
3: Probationary and disqualified owners
13: New
section 23A The principal Act is amended by inserting, after section 23
23A: Territorial authority may require probationary owner to undertake training
If a person is classified as a probationary owner under section 21(1)
14: New
section 25 The principal Act is amended by repealing section 25
25: Disqualification of owners
1: A territorial authority must, unless it is satisfied that the circumstances of an offence or offences do not warrant disqualification or probationary ownership, disqualify a person from being an owner of a dog if—
a: the person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months; or
b: the person is convicted of an offence (not being an infringement offence) against this Act; or
c: the person is convicted of an offence against Part 1 or Part 2 of the Animal Welfare Act 1999 section 26ZZP of the Conservation Act 1987 section 56I of the National Parks Act 1980
2: For the purposes of subsection (1)(a)
a: the person has been ordered to pay a fine and costs under section 78A(1) of the Summary Proceedings Act 1957 section 21(5) of that Act
b: the infringement fee specified on the infringement notice in respect of the offence issued to the person under section 66
3: A disqualification under subsection (1)
4: If a person is disqualified under subsection (1)
15: Effect of disqualification
1: Section 28 subsection (1)
1: Subject to this section, if a person is disqualified from owning a dog under section 25
a: within 14 days of the date on which notice of the decision is given to the person, dispose of every dog owned by the person; and
b: not subsequently be in possession of a dog at any time, except for the purpose of—
i: preventing a dog from causing injury, damage, or distress; or
ii: returning, within 72 hours, a lost dog to the territorial authority for the purpose of restoring the dog to its owner.
2: Section 28(2) subsection (1) subsection (1)(a)
3: Section 28(3) section 25(5) section 25(4)
4: Section 28(4) section 25(5) section 25(4)
5: Section 28(5) $1,500 $3,000
16: Maintenance of records and provision of information
1: Section 30(1)(d)(i) subsection (1) or subsection (2) of section 25 of this Act section 25(1)
2: Section 30(2)(a)(i) section 25(3) of this Act section 25(2)
3: Section 30
5: If a territorial authority keeps the records required by this section in electronic form, the territorial authority may comply with this section by entering the records directly into the national dog control information database under section 35A .
4: Prohibited, dangerous, and menacing dogs
17: New heading and
section 30A The principal Act is amended by inserting, after section 30 Prohibition on import of certain dogs
30A: Prohibition on import of dogs listed in
Schedule 4
1: No person may import into New Zealand any dog that belongs wholly or predominantly to 1 or more breed or type of dog listed in Schedule 4
2: No person may import a dog into New Zealand unless the dog is accompanied by—
a: evidence of registration in New Zealand; or
b: an exempting statutory declaration.
3: The exempting statutory declaration required by subsection (2)(b)
a: is issued—
i: in the country from which the dog is imported or is to be imported; and
ii: by a veterinarian registered in that country; and
iii: before the arrival of the dog in New Zealand; and
b: is to the effect that to the best of the veterinarian's knowledge and belief, the dog is not a dog listed in Schedule 4
4: Every person who contravenes subsection (1)
5: Subsection (1)
a: any guide dog, hearing ear dog, or companion dog accompanying a blind or partially sighted person, a deaf or hearing impaired person, a person with any other disability, or a person genuinely engaged in training the guide dog, hearing ear dog, or companion dog; or
b: any dog—
i: that is kept, used, or certified for use by a specified agency; and
ii: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency.
6: In this section,— dog Schedule 4 exempting statutory declaration
a: that is made in New Zealand by or on behalf of the importer of the dog; and
b: that is to the effect that, to the best of the knowledge and belief of the importer of the dog or of the importer's agent, the dog does not belong wholly or predominantly to 1 or more breed or type of dog listed in Schedule 4
18: Territorial authority to classify dangerous dogs
Section 31(1)(a) section 57(6) of this Act section 57A(2)
19: New
section 32 The principal Act is amended by repealing section 32
32: Effect of classification as dangerous dog
1: If a dog is classified as a dangerous dog under section 31
a: must ensure that, from a date not later than 1 month after the receipt of notice of classification, the dog is kept within a securely fenced portion of the owner's property that it is not necessary to enter to obtain access to at least 1 door of any dwelling on the property; and
b: must not allow the dog to be at large or in any public place or in any private way, except when confined completely within a vehicle or cage, without being—
i: muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction; and
ii: controlled on a leash (except when in a dog exercise area specified in a bylaw made under section 20(1)(d)
c: must produce to the territorial authority, within 1 month after the receipt of notice of classification, a certificate issued by a registered veterinary surgeon and certifying—
i: that the dog is or has been neutered; or
ii: that for reasons that are specified in the certificate, the dog will not be in a fit condition to be neutered before a date specified in the certificate; and
d: must, if a certificate under paragraph (c)(ii) paragraph (c)
e: must, in respect of every registration year commencing after the date of receipt of the notice of classification, be liable for dog control fees for that dog at 150% of the level that would apply if the dog were not classified as a dangerous dog:
f: must not, without the written consent of the territorial authority in whose district the dog is to be kept, dispose of the dog to any other person.
2: Every person who fails to comply with subsection (1)
3: If a court convicts a person of an offence against subsection (2)
4: Every person who sells or otherwise transfers, or offers to sell or transfer, to any other person any dog known by that person to be classified as a dangerous dog without disclosing the fact of that classification to that other person commits an offence and is liable on summary conviction to a fine not exceeding $3,000.
5: If a person fails to comply with subsection (1)
a: seize and remove the dog from the person's possession; and
b: retain custody of the dog until the territorial authority has reasonable grounds to believe that the person has demonstrated a willingness to comply with subsection (1)
6: Section 70 subsection (5) section 56 section 70
20: Territorial authority's consent to disposal of dangerous dog
Section 33(b) section 25(1) of this Act sections 25(1)(b) and (c)
21: New heading and
sections 33A to 33F The principal Act is amended by inserting, after section 33 Menacing dogs
33A: Territorial authority may classify dog as menacing
1: This section applies to a dog that—
a: has not been classified as a dangerous dog under section 31
b: a territorial authority considers may pose a threat to any person, stock, poultry, domestic animal, or protected wildlife because of—
i: any observed or reported behaviour of the dog; or
ii: any characteristics typically associated with the dog's breed or type.
2: A territorial authority may, for the purposes of section 33E(1)(a)
3: If a dog is classified as a menacing dog under subsection (2)
a: the classification; and
b: the provisions of section 33E
c: the right to object to the classification under section 33B
33B: Objection to classification of dog under
section 33A
1: If a dog is classified under section 33A
a: may, within 14 days of receiving notice of the classification, object in writing to the territorial authority in regard to the classification; and
b: has the right to be heard in support of the objection.
2: The territorial authority considering an objection under subsection (1)
a: the evidence which formed the basis for the classification; and
b: any steps taken by the owner to prevent any threat to the safety of persons or animals; and
c: the matters relied on in support of the objection; and
d: any other relevant matters.
3: The territorial authority must, as soon as practicable, give written notice to the owner of—
a: its determination of the objection; and
b: the reasons for its determination.
33C: Dogs belonging to breed or type listed in
Schedule 4
1: A territorial authority must, for the purposes of section 33E(1)(a) Schedule 4
2: If a dog is classified as menacing under subsection (1)
a: the classification; and
b: the provisions of section 33E
c: the right to object to the classification under section 33D
33D: Objection to classification of dog under
section 33C
1: If a dog is classified as a menacing dog under section 33C
a: may, within 14 days of receiving notice of the classification, object in writing to the territorial authority in regard to the classification; and
b: has the right to be heard in support of the objection.
2: If an owner objects to the classification, he or she must provide evidence that the dog is not of a breed or type listed in Schedule 4
3: The territorial authority considering an objection under subsection (1)
a: the evidence which formed the basis for the classification; and
b: the matters relied on in support of the objection; and
c: any other relevant matters.
4: The territorial authority must, as soon as practicable, give written notice to the owner of—
a: its determination of the objection; and
b: the reasons for its determination.
33E: Effect of classification as menacing dog
1: If a dog is classified as a menacing dog under section 33A or section 33C
a: must not allow the dog to be at large or in any public place or in any private way, except when confined completely within a vehicle or cage, without being muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction; and
b: must, if required by the territorial authority, within 1 month after receipt of notice of the classification, produce to the territorial authority a certificate issued by a registered veterinary surgeon certifying—
i: that the dog is or has been neutered; or
ii: that for reasons that are specified in the certificate, the dog will not be in a fit condition to be neutered before a date specified in the certificate; and
c: must, if a certificate under paragraph (b)(ii) paragraph (b)(i)
2: A person who fails to comply with subsection (1)
3: If a person fails to comply with subsection (1)
a: seize and remove the dog from the person's possession; and
b: retain custody of the dog until the territorial authority has reasonable grounds to believe that the person has demonstrated a willingness to comply with subsection (1)
4: Section 70 subsection (3) section 56 section 70
5: Subsection (1)(a)
33F: Owner must advise person with possession of dangerous or menacing dog of requirement to muzzle and leash dog in public
1: This section applies to an owner whose dog has been classified as—
a: dangerous under section 31
b: menacing under section 33A or section 33C
2: If the dog is in the possession of another person for a period not exceeding 72 hours, the owner must advise the person of the requirement to comply with section 32(1)(b) or section 33E(1)(a)
3: Every person who fails to comply with subsection (2)
22: Dogs register
1: Section 34(2) paragraph (e)
ea: whether the dog is classified as a menacing dog under section 33A or section 33C .
2: Section 34(2) paragraph (g)
g: a description of any tattoo, or the unique identifier of any microchip transponder, that provides permanent identification of the dog:. .
3: Section 34
6: If a territorial authority keeps the register required by this section in electronic form, the territorial authority may comply with this section by entering the information directly into the national dog control information database under section 35A
23: New
sections 35A 35B The principal Act is amended by inserting, after section 35
35A: National dog control information database
1: A territorial authority must provide the information that it is required to keep and maintain under section 30(1) and section 34(2)
2: The information required to be provided under subsection (1)
3: No information received by the person or agency under this section may be disclosed by the person or organisation except in accordance with the provisions of section 30 or section 35
4: Subsection (1) section 30(5) and section 34(6)
35B: Levy to fund costs of national dog control information database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, impose a levy on territorial authorities in each financial year to fund the costs of maintaining the national dog control information database.
2: Subsection (1)
3: The order—
a: must specify the amount of the levy or the way that the levy must be calculated; and
b: may authorise—
i: the deduction of over-recoveries in respect of a financial year from a levy payable in subsequent financial years; or
ii: the addition of under-recoveries in respect of a financial year to a levy payable in subsequent financial years; and
c: may prescribe how and when the levy must be paid or collected.
4: A territorial authority must pay a levy required by regulations made under subsection (1)
5: The amount of unpaid levy is recoverable in a court of competent jurisdiction as a debt due to the Crown.
6: An order made under subsection (1) Regulations (Disallowance) Act 1989
24: New
section 36A The principal Act is amended by inserting, after section 36
36A: Microchip transponder must be implanted in certain dogs
1: This section applies to a dog that—
a: is classified as dangerous under section 31
b: is classified as menacing under section 33A or section 33C
c: is registered for the first time on or after 1 July 2006.
2: The owner of the dog must, for the purpose of providing permanent identification of the dog, arrange for the dog to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
3: Subsection (2)
a: making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner; or
b: providing to the territorial authority a certificate issued by a registered veterinary surgeon certifying—
i: that the dog is or has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner; or
ii: that, for the reasons that are specified in the certificate, the dog will not be in a fit condition to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner before a date specified in the certificate; and
4: If a certificate under subsection (3)(b)(ii) subsection (3)(b)(i)
5: The owner must comply with subsection (2)
6: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who fails to comply with subsection (2) or subsection (5)
7: This section does not apply to a dog to which section 43(1)(a)
5: Other related amendments
25: Penalty for false statement relating to application for registration
Section 41 $1,500 $3,000
26: New
section 42 The principal Act is amended by repealing section 42
42: Offence of failing to register dog
1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who keeps a dog of a greater age than 3 months unless the dog is registered under this Act for the current registration year.
2: If a territorial authority has reasonable grounds to believe that a person has failed to comply with subsection (1)
a: seize and impound the dog; and
b: for the purposes of paragraph (a)
3: This section does not apply to a dog to which section 43(1) 1982 No 42 s 39
27: Issue of label or disc and completion of registration
Section 46(4) $1,500 $3,000
28: Change of ownership of registered dog
Section 48(3) $150 $500
29: Transfer of dog from one address or district to another
Section 49(4) $150 $500
30: Offences relating to collars, labels, and discs
Section 51(1) $1,500 $3,000
31: Control of dogs
1: The heading to section 52 generally
2: Section 52 subsection (3)
3A: A dog control officer or dog ranger in fresh pursuit of a dog that has been not under control in terms of subsection (2)
a: the dog is identified by the dog control officer or dog ranger; and
b: the dog is not under the control of any person or otherwise constrained; and
c: no person, other than a person under the age of 16 years, is present.
3: Section 52(7) Nothing Except as provided in subsection (3A)
32: New
section 52A The principal Act is amended by inserting, after section 52
52A: Control of dog on owner's property
1: This section applies when a dog is on land or premises occupied by its owner.
2: The owner of a dog must, at all times, ensure that either—
a: the dog is under the direct control of a person; or
b: the dog is confined within the land or premises in such a manner that it cannot freely leave the land or premises.
3: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who fails to comply with subsection (2)
4: If a person fails to comply with subsection (2)
a: seize and impound the dog; and
b: for the purposes of paragraph (a)
33: Offence of failing to keep dog under control
Section 53(1) $500 $3,000
34: New
section 54A The principal Act is amended by inserting, after section 54
54A: Owner must use or carry leash in public
1: The owner of a dog must use or carry a leash at all times while he or she is with the dog in a public place.
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who, being the owner of a dog, fails to comply with subsection (1)
3: This section does not apply to the owner of a working dog.
35: New
section 57 The principal Act is amended by repealing section 57
57: Dogs attacking persons or animals
1: A person may, for the purpose of stopping an attack, seize or destroy a dog if—
a: the person is attacked by the dog; or
b: the person witnesses the dog attacking any other person, or any stock, poultry, domestic animal, or protected wildlife.
2: The owner of a dog that makes an attack described in subsection (1)
3: If, in any proceedings under subsection (2) subsection (1)
4: If a person seizes a dog under subsection (1)
5: If a dog control officer or dog ranger has reasonable grounds to believe that an offence has been committed under subsection (2)
a: seize and take custody of the dog; or
b: if seizure of the dog is not practicable, destroy the dog.
6: A dog control officer or dog ranger may enter land or premises for the purposes of subsection (5)
a: he or she is in fresh pursuit of a dog that—
i: he or she has reasonable grounds to believe has committed an attack described in subsection (1)
ii: has been identified by a witness to the attack; or
b: he or she is authorised in writing to do so by a Justice, who must not grant an authority unless the Justice is satisfied that there are reasonable grounds to believe that an offence has been committed under subsection (2)
7: To avoid doubt, a member of the police may exercise the powers conferred on a dog control officer or dog ranger by this section.
8: This section, section 57A, and section 58
a: is kept, or is being used, or is certified for use by a specified agency; and
b: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency. 1982 No 42 s 56(1)-(5), (7)
36: New
section 57A The principal Act is amended by inserting, after section 57
57A: Dogs rushing at persons, animals, or vehicles
1: This section applies to a dog in a public place that—
a: rushes at, or startles, any person or animal in a manner that causes—
i: any person to be killed, injured, or endangered; or
ii: any property to be damaged or endangered; or
b: rushes at any vehicle in a manner that causes, or is likely to cause, an accident.
2: If this section applies,—
a: the owner of the dog commits an offence and is liable on summary 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 dog; and
b: the court may make an order for the destruction of the dog.
3: A dog control officer or dog ranger who has reasonable grounds to believe that an offence has been committed under subsection (2)(a)
37: Dogs causing serious injury
Section 58 summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000 conviction to imprisonment for a term not exceeding 3 years or a fine not exceeding $20,000
38: New
section 62 The principal Act is amended by repealing section 62
62: Allowing dogs known to be dangerous to be at large unmuzzled
1: This section applies to a dog owned by a person and known by the person to—
a: be dangerous; or
b: have attacked any person or any stock or poultry or property of any kind.
2: The person must not allow the dog to be at large or in any public place or private way, except when confined completely within a vehicle or cage, without being—
a: muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction; and
b: controlled on a leash (except when in a dog exercise area specified in a bylaw made under section 20(1)(d)
3: A person whose dog is in the possession of any other person for a period of less than 72 hours must advise that person of the requirement to comply with subsection (1)
4: Every person who contravenes subsection (1)
5: Every person who contravenes subsection (2)
6: This section does not apply in respect of a dog that—
a: is kept, or used, or is certified for use by a specified agency; and
b: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency. 1982 No 42 s 57
39: Owner liable for damage done by dog
Section 63 subsection (2)
2: This section does not apply in respect of any damage done by a dog that—
a: is kept, or is being used, or is certified for use by a specified agency; and
b: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency; and
c: if, had this section not been enacted, there could be no claim for the damage against the agency concerned or any of its officers or employees or the owner of the dog.
40: Procedure where order made for destruction of dog
1: Section 64 subsection (1)
1: If a District Court makes an order for the destruction of any dog, any person having custody or control of the dog must—
a: cause the dog to be destroyed immediately; and
b: produce to the territorial authority within 1 month a certificate issued by a registered veterinary surgeon, or a dog control officer or dog ranger, certifying that the dog has been destroyed.
2: Section 64
6: A person who fails to comply with subsection (1)
41: Infringement notices
1: Section 66(1) officer or dog ranger
2: Section 66(4)(h) 25(1), (2), (3) 25(1) and (2)
3: Section 66
6: A territorial authority may retain the infringement fee received by it for an infringement offence if the infringement notice was issued by a dog control officer or dog ranger appointed by that territorial authority.
42: New
section 69A Section 42 repealed 7 July 2004 27(1) Dog Control Amendment Act 2004
43: Retention of dog threatening public safety
1: Section 71(1)(a) section 57 of this Act section 57 or section 57A
2: Section 71(1)(b) or section 58 of this Act section 57A, or section 58
44: New
section 72 The principal Act is amended by repealing section 72
72: Offence to release dog from custody
1: Every person commits an offence who, except in accordance with this Act,—
a: releases or uplifts, or attempts to release or uplift, a dog that is, under this Act, in the custody of—
i: a territorial authority, or constable, or dog control officer, or dog ranger; or
ii: any person who, under section 67(b)
b: is in possession of a dog that has been unlawfully released or uplifted from the custody of a person specified in paragraph (a)
2: Every person who commits an offence against subsection (1)
45: Regulations
1: Section 78(1) paragraph (b)
ba: prescribing conditions, standards, or procedures for the implantation of a microchip transponder in a dog in accordance with this Act:
bb: prescribing the types of microchip transponders that may be used for the purposes of this Act, and the standards to which they must conform: .
2: Section 78(3) $1,500 $3,000
46: New
sections 78A to 78C The principal Act is amended by inserting, after section 78
78A: Regulations adding further breed or type to
Schedule 4
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 4
a: adding a further breed or type of dog to the schedule; or
b: moving the name or description of any dog from part of the schedule to another part of the schedule.
2: An Order in Council made under subsection (1) section 78B
3: Sections 5 to 10 of the Regulations (Disallowance) Act 1989 subsection (1)
78B: Procedure for bringing Order in Council made under
section 78A
1: The Governor-General may, by Order in Council, make a commencement order bringing any Order in Council made under section 78A
2: The commencement order may be made only after the Order in Council made under section 78A
3: A resolution of the House of Representatives approving the Order in Council may be made at any time after—
a: the date that is 28 days after the date on which notice that the Order in Council has been made is given in the Gazette
b: if the Gazette
4: An Order in Council made under section 78A
a: a motion to approve the Order in Council is defeated; or
b: no motion to approve the Order in Council is agreed to within 1 year of its date of making.
78C: Matters to which Minister must have regard before recommending Order in Council under
section 78A
1: Before recommending to the Governor-General that an Order in Council be made under section 78A
a: consult with, and consider any advice given by such representatives from local government, animal welfare organisations, dog clubs, and veterinary practices as the Minister considers appropriate; and
b: have regard to the matters set out in subsection (2)
2: The matters that the Minister must have regard to and seek advice, are—
a: the tendency of the breed or type to exhibit aggressive behaviour; and
b: the tendency of the breed or type to attack; and
c: the risks to public safety if the breed or type is not listed in Schedule 4
d: the companion value of the breed or type (if any); and
e: the classification and experience of the breed or type in any other country; and
f: any other matters that the Minister considers relevant.
47: Transitional provision
A territorial authority must, before 1 September 2004, review its policy on dogs to ensure that it complies with section 10(4)
48: Revocation
The Customs Import Prohibition (Dangerous Breeds of Dogs) Order 2003 (SR 2003/84)
49: New
Schedule 1 The principal Act is amended by repealing Schedule 1 Schedule 1
50: New
Schedule 4 The principal Act is amended by adding the Schedule set out in Schedule 2


Children's Commissioner Act 2003

1: Title
This Act is the Children's Commissioner Act 2003.
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purposes
The purposes of this Act are—
a: to continue, as the Children's Commissioner, the office of the Commissioner for Children and to state the Commissioner's functions and powers in a separate Act:
b: to re-enact the Commissioner's functions with modifications that are consistent with the Commissioner's primary role as an advocate for children:
c: to confer additional functions and powers on the Commissioner to give better effect in New Zealand to the United Nations Convention on the Rights of the Child:
d: to require the Commissioner to have regard to the Convention when carrying out the Commissioner's functions and powers:
e: to give the Commissioner express powers to obtain information and documents, and to apply for access to court records, in order to enhance the effectiveness of the Commissioner's investigative and inquiry functions:
f: to repeal Part 9
4: Interpretation
1: In this Act, unless the context otherwise requires,— child section 13 Commissioner Convention Schedule 2 investigation section 12(1)(l) Minister Oranga Tamariki Act 1989 officeholder
2: Terms not defined in this Act but defined in the Oranga Tamariki Act 1989 Section 4(1) fees framework repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(1) Minister amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 4(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
5: Act binds the Crown
This Act binds the Crown.
2: Appointment, functions, and powers of Commissioner
Provisions relating to constitution and appointment of Commissioner
6: Office of Children's Commissioner continued
1: There continues to be a Commissioner called the Children's Commissioner, being the Commissioner who, immediately before the commencement of this Act, was known as the Commissioner for Children.
2: The Commissioner is—
a: a corporation sole; and
b: a Crown entity for the purposes of section 7
c: the board for the purposes of the Crown Entities Act 2004
3: The Crown Entities Act 2004
4: 1989 No 24 ss 410(2) 421 Section 6(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Appointment of Commissioner
1:
2:
3: Before recommending the appointment of a Commissioner under section 28(1)(b)
a: notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified individuals to apply for appointment; and
b: have regard to the desirability of consulting any organisations or persons that, in the opinion of the Minister, have a special interest in the functions of the Commissioner; including, without limitation, organisations representing children and children themselves.
4:
5: The appointment of a Judge as Commissioner does not affect the Judge's tenure of the judicial office or the Judge's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge's service as Commissioner is service as a Judge.
6: Section 7(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(6) repealed 25 January 2005 section 200 Crown Entities Act 2004
8: Appointee must consent to appointment and disclose interests
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Term of office
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Removal of officeholder
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004 Functions, powers, and duties of Commissioner
11: Matters to which Commissioner must have regard in exercising functions or powers
In performing or exercising the Commissioner's functions or powers under this Act, the Commissioner must have regard to the following matters:
a: the Convention:
b: the principle that the Commissioner should give serious consideration to the views of children and take those views into account:
c: the principle that the Commissioner should recognise the diversity of children in New Zealand:
d: the principles stated in sections 4A 5 Oranga Tamariki Act 1989 Section 11(d) amended 1 July 2019 section 37 Oranga Tamariki Legislation Act 2019 Section 11(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
12: General functions of Commissioner
1: The general functions of the Commissioner are—
a: to investigate any decision or recommendation made, or any act done or omitted (other than a decision, recommendation, or act to which section 13(1)(a)
b: to promote the establishment of accessible and effective complaints mechanisms for children and to monitor the nature and level of complaints:
c: to raise awareness and understanding of children's interests, rights, and welfare:
d: to raise awareness and understanding of the Convention:
e: to undertake and promote research into any matter that relates to the welfare of children:
f: to act as an advocate for children's interests, rights, and welfare generally (except before any court or tribunal), and, in that regard, to advance and monitor the application of the Convention by departments of State and other instruments of the Crown:
g: if there are issues in proceedings before any court or tribunal that relate to the Convention or to the interests, rights, or welfare of children generally, to present reports on such issues to the court or tribunal, at the request of—
i: the court or tribunal; or
ii: counsel representing any party to the proceedings; or
iii: counsel representing any child who is the subject of the proceedings; or
iv: counsel assisting the court or tribunal:
h: to receive and invite representations from members of the public on any matter that relates to the welfare of children:
i: to increase public awareness of matters that relate to the welfare of children:
j: to promote, in relation to decisions that affect the lives of children,—
i: the participation of children in those decisions; and
ii: an approach to children's views that, in each case, gives due weight to those views in accordance with the age and maturity of the relevant child:
k: to report, with or without request, to the Prime Minister on matters affecting the rights of children:
l: to inquire generally into, and report on, any matter, including any enactment or law, or any practice or procedure, that relates to the welfare of children.
2: Except as expressly provided otherwise in this or another Act, the Commissioner must act independently in performing his or her statutory functions and duties, and exercising his or her statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other than the Crown Entities Act 2004 1989 No 24 s 411(1)(a), (d), (e), (f), (g), (2) Section 12(2) substituted 25 January 2005 section 200 Crown Entities Act 2004
13: Functions in relation to
Oranga Tamariki Act 1989
1: The Commissioner has the following functions in relation to the Oranga Tamariki Act 1989
a: to investigate any decision or recommendation made, or any act done or omitted, under that Act in respect of any child or young person in that child's or young person's personal capacity:
b: to monitor and assess—
i: the policies and practices of the department; and
ii: the policies and practices of any other person, body, or organisation that relate to the performance or exercise by the person, body, or organisation of a function, duty, or power under that Act or regulations made under that Act:
c: to encourage the development, within the department, of policies and services that are designed to promote the welfare of children and young persons:
d: on the Commissioner's own initiative or at the request of the Minister, to advise the Minister on any matter that relates to the administration of that Act or regulations made under that Act:
e: to keep under review, and make recommendations on, the working of that Act.
2: In this section, child section 2(1) Oranga Tamariki Act 1989 1989 No 24 s 411(1)(a), (b), (c), (h), (i) Section 13 heading amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 13(1) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 13(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
14: Commissioner to develop means of consulting with children
1: The Commissioner must develop means of consulting with children from time to time for the purpose of ensuring the views of children are taken into account in the exercise or performance of the Commissioner's functions (other than the Commissioner's functions under section 12(1)(a) section 13(1)(a)
2: The Commissioner must, where practicable, consult with children, using the means developed under subsection (1), before the Commissioner makes any significant recommendation in the exercise or performance of the Commissioner's functions under section 12(1)(f), (g), (i), or (l) section 13(1)(d) or (e)
15: Capacity and powers
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Duties
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004 Provisions relating to investigations
17: Commissioner's investigations must have regard to rights or interests and welfare of children
In conducting an investigation, the Commissioner must have regard to the question whether the rights or the welfare and interests of 1 or more children have been prejudiced.
18: Commissioner may not investigate courts or tribunals
1: Despite anything in this Act, the Commissioner may not investigate any decision or recommendation, or any act or omission, of a court or a tribunal.
2: If any matter is the subject of proceedings before a court or a tribunal, the Commissioner may not commence or (if the Commissioner has commenced an investigation) continue an investigation into the matter until the proceedings are finally determined.
19: Referrals of matters to certain statutory officers
1: If, in the course of conducting or proposing to conduct an investigation, the Commissioner considers that the subject matter of the investigation relates, in whole or in part, to a matter that is more properly within the scope of the functions of one of the statutory officers specified in subsection (4), the Commissioner must, without delay, consult with that officer in order to determine the appropriate means of dealing with the subject matter.
2: As soon as practicable after consulting with the officer concerned, the Commissioner must determine whether the subject matter should be dealt with, in whole or in part, under this Act.
3: If the Commissioner determines that the subject matter should be dealt with, in whole or in part, by one of the officers specified in subsection (4), the Commissioner must, without delay, refer the subject matter or, as the case requires, the appropriate part of the subject matter to that officer.
4: The statutory officers referred to in subsection (1) are—
a: the Chief Commissioner under the Human Rights Act 1993
b: the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
c: the Commissioner of Police:
d: the Health and Disability Commissioner:
e: the Chief Ombudsman exercising jurisdiction under the Ombudsmen Act 1975
f: the Independent Police Conduct
g: the Privacy Commissioner. 1993 No 28 s 72 Section 19(4)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 19(4)(f) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
20: Special powers to call for information or documents
1: If the conditions stated in subsection (2) are satisfied, the Commissioner may, by notice in writing, require any person—
a: to provide the Commissioner or a specified employee of the Commissioner with any information the Commissioner requires; or
b: to produce to the Commissioner or a specified employee of the Commissioner any document in the custody or under the control of that person, and to allow copies of, or extracts from, any such document to be made or taken; or
c: to furnish to the Commissioner or to a specified employee of the Commissioner copies or extracts from documents in the custody or under the control of that person.
2: The conditions referred to in subsection (1) are that—
a: the Commissioner believes, on reasonable grounds, that the exercise of the powers conferred by that subsection are necessary to enable the Commissioner to carry out an investigation; and
b: the person to whom a notice under that subsection is to be given has failed to comply with a previous request to provide the Commissioner, within a reasonable time, with the information or document or extract required by the notice; and
c: the Commissioner believes, on reasonable grounds, that—
i: it is not reasonably practicable to obtain the information or document from another source; or
ii: for the purposes of the investigation, it is necessary to obtain the information or document to verify or refute information obtained from another source.
21: Compliance with requirement to provide information or document
1: A person to whom a notice under section 20
2: Subsection (1) does not require a person to provide any information or produce any document that would be privileged in a court of law.
3: Every person commits an offence, and is liable on section 20
a: refuses or fails without reasonable excuse to comply with the notice; or
b: knowingly or recklessly provides information that is false or misleading in any material particular. Section 21(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
22: Commissioner and staff must maintain secrecy
1: The Commissioner and every employee of the Commissioner must maintain secrecy in respect of all matters that come to the knowledge of the Commissioner or the employee in the course of any investigation.
2: Despite anything in subsection (1), the Commissioner or any employee of the Commissioner acting with the authority of the Commissioner may disclose any matter that, in the Commissioner's opinion, ought to be disclosed for the purposes of giving effect to—
a: this Act; or
b: the Commissioner's obligations under any other enactment; or
c: information privacy principle 6 Privacy Act 2020
3: The power conferred by subsection (2)(a) does not extend to—
a: any matter that might prejudice—
i: the security, defence, or international relations of New Zealand (including New Zealand's relations with the Government of any other country or with any international organisation); or
ii: any interest protected by section 7
iii: the maintenance of the law, including the prevention, investigation, or detection of offences; or
b: any matter that might involve the disclosure of the deliberations of Cabinet; or
c: any information, answer, document, paper, or thing obtained by the Commissioner by reason only of compliance with a requirement made under section 20(1)
4: The power conferred by subsection (2)(c) is subject to sections 49 to 53 1993 No 28 s 116 Section 22(2)(c) amended 1 December 2020 section 217 Privacy Act 2020 Section 22(4) amended 1 December 2020 section 217 Privacy Act 2020
23: Consultation with other statutory officers
1: Despite anything in section 22
a: for the purposes of making a determination under section 19
b: in relation to any matter that arises out of, or in the course of, an investigation conducted by the Commissioner:
c: in relation to any matter that relates to the interests, rights, or welfare of children, whether or not the matter arises out of an investigation conducted by the Commissioner.
2: For the purposes of any consultation under subsection (1), the Commissioner may disclose to the officer concerned any information the Commissioner considers necessary for that purpose.
3: The statutory officers referred to in subsection (1) are—
a: the Chief Commissioner under the Human Rights Act 1993
b: the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
c: the Commissioner of Police:
d: the Health and Disability Commissioner:
e: the Chief Ombudsman exercising jurisdiction under the Ombudsmen Act 1975
f: the Independent Police Conduct
g: the Privacy Commissioner. 1993 No 28 s 117 Section 23(3)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 23(3)(f) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
24: Access to court records
1: If the Commissioner believes on reasonable grounds that access to a record of a court is required for an investigation, the Commissioner may apply to the court to inspect the record.
2: An application under subsection (1) is dealt with in accordance with the applicable rules of court governing the inspection of court records.
3: This section does not limit—
a: section 15
b: any other enactment that—
i: enables the Commissioner to access court records; or
ii: restricts access to court records.
25: Commissioner must not make adverse comment unless opportunity to be heard is given
Despite anything in this Act or the Crown Entities Act 2004 1989 No 24 s 414 Section 25 amended 25 January 2005 section 200 Crown Entities Act 2004
26: Commissioner may regulate procedure for investigations
The Commissioner may regulate the procedure for any investigation under this Act in any manner, not inconsistent with this Act, that the Commissioner thinks fit. Immunities and privileges
27: Proceedings privileged
1:
2: No civil or criminal proceedings may be brought against the officeholder or a former officeholder or against a person who is or has been an employee of the Commissioner for anything done or omitted in the course of the exercise or intended exercise of functions under this Act unless it is shown that the person concerned acted in bad faith.
3: Neither the officeholder nor a former officeholder nor a person who is or has been an employee of the Commissioner may be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything that comes to the knowledge of the person concerned in the exercise of functions or powers under this Act.
4: Nothing in subsection (2) or subsection (3) applies in respect of proceedings for—
a: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
b: the offence of conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
c: the offence of attempting to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
5: Nothing in subsection (3) applies to any report made by the Commissioner to a court under section 12(1)(g)
5A: Sections 122 to 126
5B: This section contains an exception to section 121
6: Anything said or any information supplied or any document, paper, or thing produced by a person in the course of an investigation by the Commissioner under this Act is privileged in the same manner as if the investigation were a proceeding in a court.
7: For the purposes of clause 3 Section 27(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 27(4)(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 27(4)(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 27(4)(c) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 27(5A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 27(5B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Matters of administration
28: Annual report
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Money to be appropriated for purposes of this Act
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Provisions applying to Commissioner
The provisions in Schedule 1
3: Transitional and miscellaneous provisions
31: Continuation of office, appointment of Commissioner, and employment of employees
1: The office continued by section 6 section 410
2: On the commencement of this Act, the person who, immediately before that commencement, held office as Commissioner for Children under the Oranga Tamariki Act 1989 under this Act
a: for a term that, immediately before that commencement, represented the remainder of the person's term as Commissioner for Children; and
b: subject to the conditions of employment, determined under section 417
c: subject to any determination made under section 47
3: The Remuneration Authority is not obliged to make a determination under section 47
4: This Act does not affect the employment of any person who, immediately before the commencement of this Act, was an employee of the Commissioner for Children. Section 31(1) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 31(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 31(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 31(2)(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 31(3) amended 25 January 2005 section 200 Crown Entities Act 2004
32: Application of Act to matters commenced under
Oranga Tamariki Act 1989
1: The Commissioner may continue or complete any act, matter, or thing commenced by the Commissioner for Children under the Oranga Tamariki Act 1989
2: The provisions of this Act apply with all necessary modifications to the continuation or completion of any act, matter, or thing referred to in subsection (1). Section 32 heading amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 32(1) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
33: Review of Commissioner's operations and performance
Section 33 repealed 25 January 2005 section 200 Crown Entities Act 2004
34: Power to request information in connection with review
Section 34 repealed 25 January 2005 section 200 Crown Entities Act 2004
35: Good reasons for refusing to supply requested information
Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004
36: Convention set out in Schedule 2 for information and reference only
1: The Convention is set out in Schedule 2
2: For the avoidance of doubt, the inclusion of the text of the Convention in this Act does not affect the legal status of the Convention.
37: Consequential amendments
The enactments specified in Schedule 3