41Attacking dogs

41 Attacking dogs

(1)  A person may restrain or destroy a dog if the person –

(a) is being attacked by the dog; or

(b) sees the dog attacking –

(i) another person; or

(ii) another animal; or

(iii) a guide dog or hearing dog.

(2)  A person who restrains a dog under subsection (1) is to notify the general manager as soon as possible.

(3)  A person carrying on primary production relating to livestock on rural land or any other person acting under his or her authority may destroy any dog at large found on that land.

(3A)  [Section 41 Subsection (3A) inserted by No. 55 of 2017, s. 22, Applied:20 Dec 2017] For the purposes of subsection (3) , a person is carrying on primary production relating to livestock on rural land if –

(a) the person is carrying on a primary production activity, within the meaning of the Primary Produce Safety Act 2011 , in respect of livestock; and

(b) that primary production activity is being carried on on land that is not within any city or town.

(4)  A person who destroys a dog under subsection (1) or (3) , within 14 days after destroying the dog, must –

(a) notify the general manager; and

(b) return to the general manager any registration disc worn by the dog.

Penalty:  Fine not exceeding 5 penalty units.

(5)  [Section 41 Subsection (5) inserted by No. 55 of 2017, s. 22, Applied:20 Dec 2017] In this section –

city has the same meaning as in the ;