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Dog Control Act 1996  013
Commenced: 1 Jul 1996
Custody of Dogs
71   Retention of dog threatening public safety




   71. Retention of dog threatening public safety---(1) This section
 shall apply where---
   (a) Any constable, dog control officer, or dog ranger has, under
         section 57 of this Act, seized any dog or been given custody of
         any dog or taken custody of any dog; and
   (b) The owner of the dog is to be prosecuted for an offence under
         section 57 or section 58 of this Act; and
   (c) The dog has been claimed by its owner and any fee payable under
         section 69 (2) of this Act has been paid; and
   (d) The territorial authority is satisfied on reasonable grounds that
         the release of the dog would threaten the safety of any person,
         stock, poultry, domestic pet, or protected wildlife.

   (2) Except as otherwise provided in this section, every dog to which
 subsection (1) of this section applies shall be kept in custody and
 given proper care and exercise until the prosecution referred to in
 subsection (1) (b) of this section is determined by the Court.

   (3) In every case to which subsection (1) of this section applies, the
 territorial authority shall give written notice in the prescribed form
 to the person claiming the dog.

   (4) The owner of any dog which is, for the time being, kept in custody
 under subsection (2) of this section may apply at any time to the
 territorial authority for the release of the dog.

   (5) Where application is made under subsection (4) of this section and
 the territorial authority is satisfied that the release of the dog will
 not threaten the safety of any person, stock, poultry, domestic pet, or
 protected wildlife, the territorial authority shall, subject to
 subsection (7) of this section, return the dog.

   (6) Any person who has sought the return of a dog under subsection (4)
 of this section and is dissatisfied with the decision of the territorial
 authority may appeal to a District Court against that decision, and the
 District Court, in hearing the appeal, shall consider the matters
 specified in subsection (5) of this section and any submission by the
 territorial authority in support of its decision and may uphold that
 decision or order the return of the dog.

   (7) Where the territorial authority has, under section 68 (1) (b) of
 this Act, set fees for the sustenance of impounded dogs, the territorial
 authority may apply those fees to the sustenance of any dog kept in
 custody under this section and may require the payment of those fees
 before any dog is returned under subsection (5) of this section or,
 unless the District Court orders otherwise, subsection (2) or subsection
 (6) of this section.

   (8) In any case where the territorial authority requires fees under
 subsection (7) of this section to be paid before any dog is returned,
 and those fees have not been paid within 7 days of the receipt by the
 owner of written notice that the dog will be returned upon payment of
 those fees, the territorial authority may dispose of the dog in the
 manner authorised by section 69 (3) of this Act, and subsections (4) to
 (6) of that section shall apply as if the dog had been disposed of under
 that section.
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