Domestic Animals Act 2000

This section applies to a dog seized under section 59 (Seizure—attacking, harassing or menacing dogs) unless the dog is declared to be a dangerous dog after it was seized.

Section 65 deals with the release of a dog declared to be dangerous after it is seized.

The registrar must release the dog to a person claiming its release if, but only if, the registrar is satisfied—

the person claiming its release is the dog’s keeper; and

the dog is registered; and

the court has not ordered the dog be destroyed under—

section 50 (5) (Dog attacks person or animal causing serious injury); or

section 50A (4) (Dangerous dog attacks or harasses person or animal); and

if the dog was seized under section 59 because of an offence against this Act—subsection (3) applies to the offence; and

the dog’s keeper has not relinquished ownership under section 69; and

any fee payable under section 144 for the release of the dog has been paid; and

the keeper is able to exercise responsible dog management, care and control in relation to the dog; and

there is not an unacceptable risk to the safety of the public or other animals from the dog being released and kept in accordance with the conditions of any control order.

This subsection applies to an offence if—

the holding period has ended and—

a prosecution has not been started for the offence; and

an infringement notice has not been served for the offence; or

an infringement notice has been served for the offence and the infringement notice penalty has been paid or the notice withdrawn; or

a prosecution for the offence was started before the end of the holding period and—

the prosecution has been discontinued; or

the keeper has been convicted or found guilty of the offence but is not disqualified by an order under section 138A from keeping the dog.

In this section: