62Order for destruction of dog

62 Order for destruction of dog

(1)  If a dog is shown to the satisfaction of a court to be a dog that has attacked a person or an animal or a dog that has killed another animal, the court may order that the dog be destroyed in accordance with this section.

(2)  An order for the destruction of a dog is to state –

(a) to whom it is directed; and

(b) within what period it is to be put into effect.

(3)  In addition to the order under subsection (1) , or instead of such an order, a court may do one or more of the following:

(a) direct that an order be remitted in specified circumstances;

(b) order the seizure and detention of the dog;

(c) [Section 62 Subsection (3) amended by No. 72 of 2009, s. 23, Applied:01 Jul 2010] order the general manager to declare the dog to be a dangerous dog or a restricted breed dog;

(d) order that the dog be disposed of;

(e) order an authorised person to give effect to the order;

(f) give any necessary directions to make the order effective;

(g) order that the owner of the dog pay –

(i) any costs incurred in making the order effective; and

(ii) compensation in respect of any animal or person who suffered any bodily injury or damage to property as a result of the actions of the dog; and

(iii) any costs incurred by the council in seizing and detaining the dog;

(h) make any other order it considers appropriate.

(4)  An order is to be executed notwithstanding that the ownership of the dog has changed or is not known, unless the court, on application, is satisfied that the changed circumstances are such that the order may be varied.

(5)  An authorised person may –