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Public Spaces (Unattended Property) Act 2021
18Authorised officers may take possession of unattended animals
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#### 18 Authorised officers may take possession of unattended animals
18 Authorised officers may take possession of unattended animals
> > (1) An authorised officer may take possession of an animal if the officer reasonably believes—
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> > > (a) the animal is unattended, and
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> > > (b) the animal is—
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> > > > (i) in a public place, or
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> > > > (ii) on private land without the permission of the occupier of the land.
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> > (2) For subsection (1), an animal is not unattended—
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> > > (a) if the animal is in a public place—
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> > > > (i) in response to an invitation contained in a notice published by the public authority that owns or controls the public place, and
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> > > > (ii) in accordance with any conditions stated in the notice, or
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> > > (b) if the animal is in a public place with the consent of the public authority that owns or controls the public place, or
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> > > (c) if the animal is in a public place as required or permitted by an Act or another law, or
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> > > (d) for an animal that is stock—if the animal is unattended on a road or travelling stock reserve in circumstances set out in the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), section 115, or
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> > > (e) in other circumstances prescribed by the regulations for this section.
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> > (3) The regulations may provide for additional matters in relation to authorised officers taking possession of animals including—
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> > > (a) the matters to be considered by authorised officers in forming a reasonable belief animals are unattended including, for example, having regard to guidelines prescribed by the regulations, and
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> > > (b) other conditions that must be satisfied before authorised officers may take possession of animals generally or a class of animals.
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> **s 18:** Am 2022 No 59, Sch 2.38\[3\].