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Dog Control Act 1996  013
Commenced: 1 Jul 1996
Obligations of Owner
63   Owner liable for damage done by dog




   63. Owner liable for damage done by dog---(1) The owner of a dog shall
 be liable in damages for damage done by the dog, and it shall not be
 necessary for the person seeking damages to show a previous mischievous
 propensity in the dog, or the owner's knowledge of any such mischievous
 propensity, or that the damage was attributable to neglect on the part
 of the owner of the dog.

   (2) This section shall not apply in respect of any damage done by a
 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 that dog is 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 if, had this section
 not been enacted, there could be no claim for the damage against the
 Police, the Department, or the Ministry or the constable, member of the
 Defence Force, officer, or employee.
     Cf. 1982, No. 42, s. 61; 1985, No. 172, s. 3
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