18Authorised officers may take possession of unattended animals

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—

(a) the animal is unattended, and

(b) the animal is—

(i) in a public place, or

(ii) on private land without the permission of the occupier of the land.

(2) For subsection (1), an animal is not unattended—

(a) if the animal is in a public place—

(i) in response to an invitation contained in a notice published by the public authority that owns or controls the public place, and

(ii) in accordance with any conditions stated in the notice, or

(b) if the animal is in a public place with the consent of the public authority that owns or controls the public place, or

(c) if the animal is in a public place as required or permitted by an Act or another law, or

(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, section 115, or

(e) in other circumstances prescribed by the regulations for this section.

(3) The regulations may provide for additional matters in relation to authorised officers taking possession of animals including—

(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

(b) other conditions that must be satisfied before authorised officers may take possession of animals generally or a class of animals.

s 18: Am 2022 No 59, Sch 2.38[3].