10Evidence of breach of duty in certain cases

10 Evidence of breach of duty in certain cases

10 Evidence of breach of duty in certain cases

(1) Subject to subsection (2), where:

(a) an animal is in or on any premises and the occupier of the premises:

(i) may not lawfully prevent the animal from being in or on the premises, or

(ii) in any other case—has not consented to the presence of the animal in or on the premises,

(b) a person other than the occupier of the premises was, at the time the animal was in or on the premises, under a duty to another person to take reasonable care that the other person would not be subjected to the danger of the animal causing damage to the other person, and

(c) the animal causes damage to that other person while it is in or on the premises,

the fact that the animal was in or on the premises when the damage was caused is evidence of breach of the duty.

(2) Subsection (1) does not apply:

(a) where the premises concerned are a place used by the public as a road or way, or

(b) where the animal concerned is a dog or cat.

s 10: Am 1996 No 121, Sch 3.4.