84CSeizure of abandoned dog or cat

84C Seizure of abandoned dog or cat S. 84C(1) substituted by No. 69/2017 s. 69. (1) A Council authorised officer may enter any premises in the municipal district of the Council appointing the authorised officer at the request of the owner of the premises if the authorised officer reasonably suspects that there is an abandoned dog or cat in or on the premises. S. 84C(1A) inserted by No. 69/2017 s. 69. (1A) Premises that may be entered under subsection (1) include a person's residence. (2) If there is an occupier of the premises that is not the owner of the premises, an authorised officer must not enter the premises without the consent of that occupier. (3) An authorised officer who enters premises under subsection (1) may search for and seize any dog or cat in or on the premises that he or she reasonably believes has been abandoned. (4) An authorised officer who seizes a dog or cat under this section must— (a) if there is an occupier of the premises, cause a notice of seizure to be left with the occupier; (b) in any other case, fix a notice of seizure to the premises at the time of the seizure so that it is visible to persons wishing to enter the premises. S. 84CA inserted by No. 8/2014 s. 18. 84CA Seizure of dog involved in suspected breeding offence S. 84CA(1) amended by No. 69/2017 s. 70(1). (1) The Secretary, on the application of a Council authorised officer, may give written approval to that officer to seize a dog under subsection (2). S. 84CA(2) amended by No. 69/2017 s. 70(2). (2) A Council authorised officer who reasonably suspects that an offence under section 41EB has been committed in the municipal district of the Council that appointed the authorised officer may, with the approval of the Secretary under subsection (1), seize a dog, which cannot be seized under section 79 or 80, to determine if the dog has been used, or is the progeny of a dog used, in the alleged commission of that offence. (3) The authorised officer must return the dog seized to its owner within 3 days after the seizure. (4) Any reference in this Part (other than this section) to a dog seized under this Part or words to that effect does not include a dog seized under this section. S. 84D inserted by No. 65/2007 s. 29. 84D Seized dog or cat must be delivered up S. 84D(1) amended by No. 69/2017 s. 71(1), substituted by No. 3/2022 s. 4, amended by No. 14/2025 s. 19. (1) A person (other than an authorised officer) who seizes a dog or cat under section 84 or 84A must, as soon as is reasonably possible after the seizure, deliver it to— (a) a Council authorised officer of the municipal district in which it was seized; or (b) a person or body that has an agreement under section 84Y with that Council; or (c) a person or body that conducts an animal shelter that does not have an agreement under section 84Y with that Council; or (d) a veterinary practitioner who does not have an agreement under section 84Y with that Council and who consents to receiving the dog or cat. S. 84D(2) amended by No. 69/2017 s. 71(2). (2) If a person is found guilty of an offence under subsection (1), the Magistrates' Court may, on the application of a Council authorised officer of the municipal district in which the animal was seized, order that the person return the animal to the authorised officer. S. 84DA inserted by No. 3/2022 s. 5. 84DA Person or body receiving dog or cat must take steps to identify owner (1) This section applies to a person or a body that conducts an animal shelter or to a veterinary practitioner— (a) that has received a seized dog or cat from a person under section 84D; and (b) that does not have an agreement under section 84Y with the Council of the municipal district in which the shelter or the veterinary practitioner is located. (2) The person, body or veterinary practitioner must— (a) on finding a permanent identification device implanted in, or a marker attached to, the dog or cat, make a reasonable effort to compare the information on the device or marker with any information kept by the Council of the municipal district in which the dog or cat was seized; and (b) if the owner of the dog or cat is identified within 24 hours after the dog or cat is received, take reasonable steps to contact the owner as soon as is practicable after that identification to notify the owner of— (i) the location of the dog or cat; and (ii) the period of time within which the owner may recover the dog or cat (***recovery period***). (3) The owner of the dog or cat or the owner's agent may recover the dog or cat within the recovery period if the owner or agent proves to the satisfaction of the person, body or veterinary practitioner that they are the owner of the dog or cat or the agent of the owner. (4) For the purposes of subsection (2)(b), the ***recovery period*** is whichever of the following periods of time ends last— (a) any period of time that ends before the 24 hour period after the dog or cat is received; (b) any other period of time— (i) notified to the owner of the dog or cat under subsection (2)(b) by the person, body or veterinary practitioner; or (ii) agreed to by the owner of the dog or cat and the person, body or veterinary practitioner. S. 84DB inserted by No. 3/2022 s. 5. 84DB Circumstances in which a dog or cat must be relinquished to a Council authorised officer A person or body that conducts an animal shelter or a veterinary practitioner, that is referred to in section 84DA(1), that has received a dog or cat must, in accordance with the mutual agreement of a Council authorised officer of the municipal district in which the shelter or veterinary practitioner is located, relinquish the dog or cat to that officer after any of the following occurs— (a) the person, body or veterinary practitioner has not identified the owner of the dog or cat within 24 hours after receiving the dog or cat; (b) the person, body or veterinary practitioner has not been able to contact the owner as soon as practicable after identifying the dog or cat; (c) the owner or an agent of the owner has not recovered the dog or cat within the recovery period (within the meaning of section 84DA(4)); (d) the veterinary practitioner is concerned about the health or welfare of the dog or cat or has determined that the dog or cat is neglected; (e) in the case of a dog, the person, body or veterinary practitioner reasonably suspects the dog— (i) to be a dangerous or menacing dog or a restricted breed dog; or (ii) to have been involved in a dog attack; (f) a prescribed circumstance. S. 84DC inserted by No. 3/2022 s. 5. 84DC Veterinary practitioners who receive a dog or cat may recover certain costs from the owner (1) This section applies to a veterinary practitioner— (a) who has received a seized dog or cat from a person under section 84D; and (b) who does not have an agreement under section 84Y with the Council of the municipal district in which the veterinary practitioner is located. (2) The veterinary practitioner may ask the owner of the dog or cat to pay the reasonable costs and expenses incurred by the veterinary practitioner while retaining custody of the dog or cat including in relation to the housing, care, treatment and maintenance of the dog or cat. (3) Despite subsection (2), the veterinary practitioner may not compel the owner of the dog or cat to pay the costs and expenses referred to in that subsection including by way of refusing to allow the owner to recover the dog or cat unless those costs and expenses are paid. S. 84DD inserted by No. 3/2022 s. 5. 84DD Veterinary practitioners and animal shelters must record and report on reunification of pets with owners (1) This section applies to a person or body that conducts an animal shelter or to a veterinary practitioner— (a) that receives seized dogs or cats from persons under section 84D; and (b) that does not have an agreement under section 84Y with the Council of the municipal district in which the person, body or veterinary practitioner is located. (2) The person, body or veterinary practitioner must— (a) keep and maintain a record that contains the prescribed details of— (i) every seized dog and cat received by the person, body or veterinary practitioner during the prescribed period; and (ii) any owner or agent of an owner who has recovered a seized dog or cat from the person, body or veterinary practitioner during the prescribed period referred to in subparagraph (i); and (b) give a report to the Council of the municipal district in which the person, body or veterinary practitioner is located containing the prescribed details required to be kept under paragraph (a); and (c) ensure that a report under paragraph (b) is given to the Council by the prescribed time. (3) Subsection (2) does not apply to a person, body or veterinary practitioner if no seized cats or dogs were received by, or recovered by their owners or agents of owners from, the person, body or veterinary practitioner during a period prescribed under subsection (2)(a). Division 3—Search warrants S. 84E inserted by No. 65/2007 s. 29, amended by No. 8/2014 ss 19, 20, substituted by No. 69/2017 s. 72. 84E Search warrants for dogs or cats (1) An authorised officer who may seize a dog or cat under this Part (other than section 84CA) may apply to a magistrate for the issue of a search warrant for a premises, if the authorised officer believes on reasonable grounds that there is present on the premises any dog or cat that the authorised officer may so seize. S. 84E(2) amended by No. 6/2018 s. 68(Sch. 2 item 41). (2) If a magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit, that there is on the premises specified in the application under subsection (1) any dog or cat which the authorised officer may seize, the magistrate may issue the search warrant applied for in accordance with the **Magistrates' Court Act 1989**. (3) A search warrant issued under subsection (2) may authorise the authorised officer named in the warrant to execute the warrant to do any of the following with any necessary equipment— (a) enter the premises specified in the warrant; (b) search for any dog or cat named or described in the warrant; (c) examine any dog or cat, named or described in the warrant for the purposes of identifying the owner of the dog or cat; (d) if necessary, seize any dog or cat named or described in the warrant. (4) A search warrant issued under subsection (2)— (a) may authorise the authorised officer who applied for the warrant or another authorised officer of the same class as the authorised officer who applied for the warrant to execute the warrant; and (b) may authorise any other person named or otherwise identified in the warrant to assist the authorised officer to execute the warrant. (5) In this section a reference to ***premises*** includes the whole or any part of the premises that is residential. S. 84EA (Heading) amended by No. 44/2017 s. 14. S. 84EA inserted by No. 8/2014 s. 20. 84EA Search warrant if restricted breed dog breeding offence suspected of being committed S. 84EA(1) amended by No. 69/2017 s. 73(1). (1) The Secretary, on the application of a Council authorised officer, may give written approval to that officer to apply under subsection (2) to a magistrate for the issue of a search warrant in relation to a person's residence. S. 84EA(2) amended by No. 69/2017 s. 73(2)(a). (2) A Council authorised officer, may with the approval of the Secretary under subsection (1), apply to a magistrate for the issue of a search warrant in relation to a person's residence, if the officer believes on reasonable grounds that there is present in or on the premises— (a) a dog that the authorised officer is entitled to seize under section 84CA; or S. 84EA(2)(b) amended by No. 69/2017 s. 73(2)(b). (b) a document or thing that the authorised officer believes on reasonable grounds is relevant to determining if an offence under section 41EB has been committed in the municipal district of the Council that appointed the authorised officer. S. 84EA(3) amended by Nos 37/2014 s. 10(Sch. item 46.2), 69/2017 s. 73(3), 6/2018 s. 68(Sch. 2 item 41). (3) If the magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the authorised officer that there are reasonable grounds to believe that a dog that the authorised officer is entitled to seize under section 84CA is present in or on the premises or there is a document or thing in or on the premises that is relevant to determining if an offence under section 41EB has been committed, the magistrate may issue a search warrant, in accordance with the **Magistrates' Court Act 1989**, authorising a Council authorised officer authorised in the warrant to execute the warrant with any necessary equipment— (a) to enter the premises specified in the warrant; and (b) to search for the dog identified in the warrant; and (c) to examine that dog for the purposes of identifying the owner of the dog; and (d) if necessary, to seize the dog for the purposes of determining if the dog has been used, or is the progeny of a dog used, in the alleged commission of an offence under section 41EB including for the purposes of taking a sample from the dog in accordance with section 74B; and (e) to search for, examine, take copies or photographs of, take extracts from or seize, a document or thing, named or described in the warrant, which the authorised officer reasonably believes is relevant to determining if an offence under section 41EB has been committed. S. 84EA(3A) inserted by No. 69/2017 s. 73(4). (3A) A search warrant issued under subsection (3)— (a) may authorise a Council authorised officer to execute the warrant; and (b) may authorise any other person named or otherwise identified in the warrant to assist the authorised officer to execute the warrant. S. 84EA(4) amended by No. 69/2017 s. 73(5). (4) A Council authorised officer of a Council may apply for, and a magistrate may issue, a warrant under this section authorising the authorised officer to enter a premises that is not in the municipal district of the Council and the authorised officer may enter that premises despite section 224(7) of the **Local Government Act 1989**. (5) Any reference in this Part (other than this section) to a dog seized under this Part or words to that effect does not include a dog seized under this section. S. 84EB inserted by No. 8/2014 s. 20. 84EB Search warrants under this Part (1) A search warrant issued under this Part in relation to premises must state— (a) the purpose for which the search is required; and (b) any conditions to which the warrant is subject; and (c) that entry to the premises is authorised to be made at any reasonable time of the day; and (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. (2) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to search warrants under this Part. (3) Despite section 78(1)(b)(iii) of the **Magistrates' Court Act 1989**, a search warrant issued under this Part must not authorise an authorised officer to arrest a person. S. 84F inserted by No. 65/2007 s. 29. 84F Announcement before entry S. 84F(1) amended by No. 8/2014 s. 21. (1) On executing a search warrant under this Part, the authorised officer executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the premises; and (b) if the authorised officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) An authorised officer need not comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 84G inserted by No. 65/2007 s. 29. 84G Details of warrant to be given to occupier S. 84G(1) amended by No. 8/2014 s. 22. (1) If the occupier is present at the premises where a search warrant under this Part is being executed, the authorised officer must— (a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. S. 84G(2) amended by No. 8/2014 s. 22. (2) If the occupier is not present at the premises where a search warrant under this Part is being executed but another person is, the authorised officer must— (a) identify himself or herself to the person at the premises; and (b) give to the person a copy of the warrant. S. 84GA inserted by No. 8/2014 s. 23. 84GA Seizure of documents or things (1) An authorised officer may not seize any document or thing under this Part that appears to the authorised officer to be in the possession or custody of a person unless the authorised officer makes out and tenders to the person a receipt in the prescribed form for the document or thing seized. (2) An authorised officer must take all reasonable steps to return a seized document or thing to the person from whom it was seized if— (a) the reason for its seizure no longer exists; or (b) proceedings in which the document or thing may be used in evidence have not commenced within 60 days after its seizure— whichever is the earlier. (3) An authorised officer may apply to the Magistrates' Court for an extension of the period for which a seized document or thing may be kept. (4) An application under subsection (3) must be made within 60 days of the seizure of the document or thing, or if an extension has previously been granted, within the extended period. (5) The Magistrates' Court may order an extension if the Court is satisfied that the retention of the document or thing is necessary— (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be secured for the purposes of a prosecution. (6) The Magistrates' Court may adjourn an application under this section to enable notice of the application to be given to any person. Division 4—Steps to be taken after seizure of dog or cat S. 84H inserted by No. 65/2007 s. 29.