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