57. Dogs attacking persons or animals or rushing at vehicles---(1) Any
 person who sees a dog attacking any person, stock, poultry, domestic
 animal, or protected wildlife or who is attacked by any such dog, may
 forthwith either seize or destroy the dog.

   (2) Any dog control officer or dog ranger or constable who has
 reasonable grounds to believe that a dog has attacked any person, stock,
 poultry, domestic animal, or protected wildlife may,---
   (a) If that dog is at large, seize that dog or, if the seizure of the
         dog is not practicable and a witness to the attack identifies
         the dog, destroy the dog; or
   (b) If satisfied on reasonable grounds that the dog would otherwise
         threaten the safety of any person, stock, poultry, domestic
         animal, or protected wildlife, seize or take custody of the dog
         and may enter upon any land or premises to do so.

   (3) Nothing in subsection (2) of this section authorises any dog
 control officer or constable to enter any dwellinghouse unless---
   (a) He or she is freshly pursuing a dog which has attacked any person,
         stock, poultry, domestic animal, or protected wildlife and which
         has been positively identified by a witness to the attack, and
         the dog control officer or constable is satisfied that the
         requirements of subsection (2) (b) of this section have been
         met; or
   (b) He or she is authorised in writing to do so by a Justice, who
         shall not grant such an authority unless the Justice is
         satisfied that the requirements of subsection (2) (b) of this
         section have been met, and, in the case of a dog control
         officer, he or she is accompanied by a constable.

   (4) Where, under subsection (1) of this section, a dog is seized by
 any person other than a dog control officer or dog ranger, that person
 shall ensure that the dog is delivered into custody of a dog control
 officer or dog ranger.

   (5) The owner of any dog that makes any such attack commits an offence
 and is liable on summary conviction to a fine not exceeding $1,500 in
 addition to any liability the owner may incur for any damage caused by
 the attack; and, where the dog has not been destroyed, the Court shall,
 on convicting the owner, make an order for the destruction of the dog
 unless satisfied that the circumstances of the attack were exceptional
 and do not justify destruction of the dog.

   (6) Where any dog in any public place---
   (a) Rushes at or startles any person or animal in such a manner that
         any person is killed, injured, or endangered, or any property is
         damaged or endangered; or
   (b) Rushes at any vehicle in such a manner as to cause or be likely to
         cause an accident,---
 the owner of the dog commits an offence and is liable on summary
 conviction to a fine not exceeding $1,500 in addition to any liability
 the owner may incur for any damage caused by the dog; and the Court may,
 on convicting the owner, make an order for the destruction of the dog.

   (7) Nothing in this section or section 58 of this Act shall apply in
 respect of any dog kept by the Police or any constable, the Customs
 Department, the Department of Conservation, the Ministry of Agriculture,
 the Ministry of Fisheries, or the Ministry of Defence or any member of
 the Defence Force, or any officer or employee of the Customs Department,
 the Department of Conservation, the Ministry of Agriculture, the
 Ministry of Fisheries, or the Ministry of Defence while being used for
 the purpose of carrying out in a lawful manner any function, duty, or
 power of the Police or the Department or Ministry or that constable,
 member of the Defence Force, officer, or employee.
     Cf. 1982, No. 42, s. 56 (1)-(5), (7); 1985, No. 172, s. 2 (1)