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Dog Control Act 1996  013
Commenced: 1 Jul 1996
2   Interpretation




   2. Interpretation---In this Act, unless the context otherwise
 requires,---
     ``District'' means a territorial authority district as defined in
         section 2 (1) of the Local Government Act 1974:
     ``Companion dog'' means a dog certified by the Top Dog Companion
         Trust as being a companion dog or a dog under training as a
         companion dog:
     ``Dog control fee'' means any fee prescribed under section 37 of
         this Act:
     ``Dog control officer'' means a dog control officer appointed under
         section 11 of this Act; and includes a warranted officer
         exercising powers under section 17 of this Act:
     ``Dog ranger'' means a dog ranger appointed under section 12 of this
         Act; and includes an honorary dog ranger:
     ``Domestic animal'' includes---
           (a) Any animal (including a bird or reptile) kept as a
         domestic pet:
           (b) Any working dog:
           (c) Any other animal kept by any person for recreational
         purposes or for the purposes of that person's occupation or
         employment:
     ``Guide dog'' means a dog certified by the Royal New Zealand
         Foundation for the Blind as being a guide dog or a dog under
         training as a guide dog:
     ``Hearing ear dog'' means a dog certified by the Hearing Association
         (Incorporated) as being a hearing ear dog or a dog under
         training as a hearing ear dog:
     ``Infringement offence'' has the meaning given to it in section 65
         (1) of this Act:
     ``Neutered dog'' means a dog that has been spayed or castrated; and
         does not include a dog that has been vasectomised:
     ``Owner'', in relation to any dog, means every person who---
           (a) Owns the dog; or
           (b) Has the dog in his or her possession, whether the dog is
         at large or in confinement, otherwise than for a period not
         exceeding 72 hours for the purpose of preventing the dog causing
         injury, damage, or distress, or for the sole purpose of
         restoring a lost dog to its owner; or
           (c) The parent or guardian of a person under the age of 16
         years who---
                (i) Is the owner of the dog pursuant to paragraph (a) or
                  paragraph (b) of this definition; and
                (ii) Is a member of the parent or guardian's household
                  living with and dependent on the parent or guardian;---

         but does not include any person who has seized or taken custody
         of the dog under this Act or the Animals Protection Act 1960 or
         the National Parks Act 1980 or the Conservation Act 1987 or any
         order made under this Act or the Animals Protection Act 1960:
     ``Poultry'' means any live bird (including a domestic fowl, a duck,
         a goose, a turkey, a guinea-fowl, a pheasant, an emu, an
         ostrich, a quail, or a pigeon) that is kept or raised for the
         purpose of sale or of producing eggs, hatching eggs, or poultry
         products or for the purpose of rearing on behalf of another
         person:
     ``Private way'' has the meaning given to it by section 315 (1) of
         the Local Government Act 1974:
     ``Protected wildlife'' means---
           (a) Any animal for the time being absolutely protected
         pursuant to section 3 of the Wildlife Act 1953; and
           (b) Any animal for the time being partially protected pursuant
         to section 5 of the Wildlife Act 1953, other than an animal in
         such circumstances that it may be hunted or killed under the
         authority of subsection (2) of that section; and
           (c) Any animal that is a marine mammal within the meaning of
         the Marine Mammals Protection Act 1978:
     ``Public place''---
           (a) Means a place that, at any material time, is open to or is
         being used by the public, whether free or on payment of a
         charge, and whether any owner or occupier of the place is
         lawfully entitled to exclude or eject any person from that
         place; and
           (b) Includes any aircraft, hovercraft, ship or ferry or other
         vessel, train, or vehicle carrying or available to carry
         passengers for reward:
     ``Registration year'' has the same meaning as that given to the term
         ``financial year'' by section 2 of the Local Government Act
         1974:
     ``Stock'' means---
           (a) Any live horse, cattle, sheep, swine, alpaca, llama,
         bison, donkey, hinny, mule, or water buffalo that is not in a
         wild state:
           (b) Any deer, goat, thar, rabbit, possum, or other animal that
         is kept within a fence or enclosure for domestic or farming
         purposes:
     ``Territorial authority'' has the same meaning as in the Local
         Government Act 1974; but, except for the purposes of section 7
         of this Act, does not include any territorial authority that has
         united with any other territorial authority under section 114S
         of the Local Government Act 1974 for the purposes of this Act:
     ``Warranted officer'' means any person who is for the time being a
         warranted officer within the meaning of the Conservation Act
         1987:
     ``Working dog'' means---
           (a) Any guide dog, hearing ear dog, or companion dog:
           (b) Any dog---
                (i) Kept by the Police or any constable, the Customs
                  Department, the Ministry of Agriculture, the Ministry
                  of Fisheries, or the Ministry of Defence, or any
                  officer or employee of any such Department of State
                  solely or principally for the purposes of carrying out
                  the functions, powers, and duties of the Police or the
                  Department of State or that constable, officer, or
                  employee; or
                (ii) Kept solely or principally for the purposes of
                  herding or driving stock; or
                (iii) Kept by the Department of Conservation 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
                (iv) Kept solely or principally for the purposes of
                  destroying pests or pest agents under any pest
                  management strategy under the Biosecurity Act 1993; or
                (v) Owned by a security guard as defined in section 4 of
                  the Private Investigators and Security Guards Act 1974
                  and kept solely or principally for the purposes of
                  carrying on the business of a security guard; or
                (vi) Declared by resolution of the territorial authority
                  to be a working dog for the purposes of this Act, or
                  any dog of a class so declared by the authority, being
                  a dog owned by any class of persons specified in the
                  resolution and kept solely or principally for the
                  purposes specified in the resolution.
     Cf. 1982, No. 42, s. 2; 1990, No. 27, s. 42
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