7Right of owner to recover possession

7 Right of owner to recover possession

[Section 7 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  *[Section 7 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*The owner of an animal which is, or is being, or is liable to be, taken as a distress for damage done may recover the possession of the animal upon payment of all charges lawfully due under the Local Government Act 1993 in respect of the animal at the time recovery is claimed by him or on his behalf.

(2)  If recovery is claimed under this section before or during the taking of the animal to the pound, the person having possession of the animal shall inform the person making the claim of the name of the person on whose behalf the animal is held and of the amount of the charges which he claims to be then due.

(3)  If the owner of an animal taken for distress thinks that the amount –

(a) stated by the poundkeeper to be due in respect of it, in the case of an animal received into the pound; or

(b) claimed as provided in subsection (2) , in the case of an animal not yet received into a pound –

is excessive or that the impounding is unlawful he may pay under protest, and the person receiving payment shall give to the person making it a receipt, if required, acknowledging that the payment is made under protest, and the owner may proceed as provided in section 8 .

(4)  *[Section 7 Subsection (4) amended by No. 55 of 1965, s. 5 ]*A person who fails to give up an animal to a person entitled to recover possession of it under this section is liable to a fine not exceeding 5 penalty units.

(5)  When any animal is released from a pound under this section the poundkeeper shall retain the fees, charges, and damages paid in respect of it until the expiration of the time limited for taking proceedings under section 8 in respect of the impounding or until the determination of such proceedings, if commenced.