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s 39

Disposing of impounded stock

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Part 5Impounding stock

39 Disposing of impounded stock

(1)

This section applies if—

(a)

stock is impounded by the director-general; and

(b)

the director-general gives notice as required under section 37 (2) in relation to the impounded stock; and

(c)

the impounded stock is not released to the owner under section 38 (1) within 14 days after the day the notice was given.

(2)

The director‑general may—

(a)

sell the stock by public auction; or

(b)

if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock by public auction—sell the stock in another way; or

(c)

if the stock cannot be sold, or if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock—destroy or dispose of the stock in any other way the director‑general considers appropriate.

Note Under the Animal Welfare Act 1992, s 86 a veterinary surgeon may destroy an animal humanely if, due to severe injury, disease or its physical condition, it would be cruel to keep the animal alive.

(3)

If stock is sold under subsection (2) (b), the director-general must take reasonable steps to obtain the best price possible in the circumstances.

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