sec.131Return of particular dog to registered owner

sec.131 Return of particular dog to registered owner

This section applies if the dog has, or appears to have, a registered owner and the dog— is a regulated dog; or is a dog for which a proposed declaration notice has been given; or was seized because an authorised person reasonably suspected the dog was a prohibited dog. The authorised person must, within 14 days after the seizure, return the dog to the owner unless— the owner has surrendered the dog to the relevant local government; or a destruction order has been made in relation to the dog; or continued retention of the dog is needed as evidence for a proceeding or proposed proceeding for an offence involving the dog; or if the dog is a regulated dog—the authorised person is reasonably satisfied the owner of or a responsible person for the dog has not complied with a condition imposed under chapter 4 , part 5 in relation to the dog; or if the dog is a dog for which a proposed declaration notice has been given—a regulated dog declaration for the dog has not yet been made. The authorised person must return the dog to the owner as soon as practicable if an event as follows happens— if a destruction order has been made for the dog—an application for internal review or external review of the order is made and, as a result of the review, the order is no longer in force; if subsection (2) (c) applies—the dog’s continued retention as evidence is no longer required; if subsection (2) (d) applies—all of the conditions imposed under chapter 4 , part 5 in relation to the dog are complied with for the dog; if subsection (2) (e) applies—the regulated dog declaration for the dog has been made. s 131 amd 2009 No. 17 s 310 ; 2009 No. 24 s 1259 ; 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 69 (sec.131-ssec.1) This section applies if the dog has, or appears to have, a registered owner and the dog— is a regulated dog; or is a dog for which a proposed declaration notice has been given; or was seized because an authorised person reasonably suspected the dog was a prohibited dog. (sec.131-ssec.2) The authorised person must, within 14 days after the seizure, return the dog to the owner unless— the owner has surrendered the dog to the relevant local government; or a destruction order has been made in relation to the dog; or continued retention of the dog is needed as evidence for a proceeding or proposed proceeding for an offence involving the dog; or if the dog is a regulated dog—the authorised person is reasonably satisfied the owner of or a responsible person for the dog has not complied with a condition imposed under chapter 4 , part 5 in relation to the dog; or if the dog is a dog for which a proposed declaration notice has been given—a regulated dog declaration for the dog has not yet been made. (sec.131-ssec.3) The authorised person must return the dog to the owner as soon as practicable if an event as follows happens— if a destruction order has been made for the dog—an application for internal review or external review of the order is made and, as a result of the review, the order is no longer in force; if subsection (2) (c) applies—the dog’s continued retention as evidence is no longer required; if subsection (2) (d) applies—all of the conditions imposed under chapter 4 , part 5 in relation to the dog are complied with for the dog; if subsection (2) (e) applies—the regulated dog declaration for the dog has been made.