• “(5) This section applies only if section 25(1A) applies.”

• “(2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who, without reasonable excuse, fails to comply with a requirement under subsection (1).”

• “(5) Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who—

  • “(a) fails to comply with subsection (1); or

  • “(b) fails, in disposing of a dog under subsection (1), to comply with subsection (2); or

  • “(c) at any time while classified as a probationary owner becomes the registered owner of a dog (unless the person was the registered owner of the dog on the date of the offence or the date of the third infringement offence in respect of which the classification was made under section 21); or

  • “(d) disposes or gives custody or possession of any dog to any person, knowing that the person is disqualified under section 25.”

• “(1A) Subsection (1) does not apply if the territorial authority is satisfied that the circumstances of the offence or offences are such that—

  • “(a) disqualification is not warranted; or

  • “(b) the territorial authority will instead classify the person as a probationary owner under section 21.”

• “(5) A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A.

• “(6) A territorial authority that complies with subsection (5) is not required to answer any request made under subsection (2). Instead the request must be treated as if it were a request made to the territorial authority referred to in section 35A(2).”

• “(6) A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A.”

• “(6) A territorial authority that complies with section 34(6) is not required to answer any request made under subsection (2)(c). Instead the request must be treated as a request made to the territorial authority referred to in section 35A(2).”

“35A National dog control information database

• “(1) For the purposes of compiling and maintaining a national dog control information database, a territorial authority must provide to a person or organisation nominated by the Secretary for Local Government, in electronic form, the information that the territorial authority is required to keep under sections 30(1) and 34(2)(a) to (h) (which relates to offences, infringement notices, probationary and disqualified dog owners, and dog registration).

  “(2) For the purpose of sections 30(2) and 35(2)(c),—

  • “(a) the person or organisation responsible for the database must be treated as if the person or organisation were a territorial authority; and

  • “(b) the information that the person or organisation holds under subsection (1) must be treated as if it were information that was collected for the purposes of sections 30 and 35; and

  • “(c) the person or organisation must be treated as if the person or organisation were permitted to disclose the information it holds only—

    • “(i) to any other territorial authority; and

    • “(ii) by either—

      • “(A) disclosing the information to the territorial authority in accordance with sections 30(2) and 35(2)(c), or

      • “(B) allowing the territorial authority to access the information directly from the person's or organisation's database.

  “(3) Despite subsection (2), the person or organisation may supply the information that it holds to the Secretary for Local Government for the purposes of evaluating dog control policy in New Zealand, as long as the information does not allow the identification of individual records of dog owners or dogs.

“35AB National dog control information database may contain additional information supplied by territorial authority

• “(1) The person or organisation responsible for the national dog control information database under section 35A may include in the database any information that a territorial authority—

  • “(a) holds under section 34(2)(i); and

  • “(b) chooses to provide to the person or organisation.

  “(2) Without limiting the information that the person or organisation reponsible for the database may include in the database under subsection (1), the person or organisation may include any information a territorial authority provides that relates to any of the following:—

  • “(a) any dog identifier used by the territorial authority:

  • “(b) the year a dog is born:

  • “(c) the year a dog dies:

  • “(d) contact details of a dog owner.

  “(3) Any information provided under this section to the person or organisation responsible for the database is subject to the same limits on disclosure by the person or organisation as the information provided to the person or organisation under section 35A.”

• “(3) Subsection (2) is complied with by the owner,—

  • “(a) for a dog that is classified as dangerous or menacing, by making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location:

  • “(b) for a dog that is registered for the first time on or after 1 July 2006, by—

    • “(i) making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or

    • “(ii) providing to the territorial authority a certificate issued by a registered veterinary surgeon certifying—

      • “(A) that the dog is or has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or

      • “(B) that, for the reasons that are specified in the certificate, the dog will not be in a fit condition to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed location before a date specified in the certificate.

• “(3A) A certificate issued by a registered veterinary surgeon under subsection (3)(b)(ii) must include the following information:—

  • “(a) the unique identifier of the microchip transponder (if subsection (3)(b)(ii)(A) applies); and

  • “(b) the name and sex of the dog; and

  • “(c) a physical description of the dog, which may include the breed, the colour, and any distinguishing marks; and

  • “(d) if the dog is registered, the registration number of the label or disc issued for the dog; and

  • “(e) the name, date of birth, and address of the owner of the dog.”

• “(5) The owner must comply with subsection (2)—

  • “(a) within 2 months from 1 July 2006, if the dog is classified as dangerous or menacing on or after 1 December 2003 but before 1 July 2006; or

  • “(b) within 2 months after the date on which the dog is classified as dangerous or menacing or is registered (as the case may be), in any other case.

• “(5A) Subsection (2) does not apply if—

  • “(a) as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or

  • “(b) in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.”

• “(3) This section does not apply to any person operating a pound or facility, or having custody of an unregistered dog for the purposes of—

  • “(a) impounding the dog under this Act; or

  • “(b) confining the dog in a transitional facility or containment facility approved under section 39 of the Biosecurity Act 1993; or

  • “(c) keeping the dog in the custody of a society established to prevent cruelty to animals pending the dog's—

    • “(i) recovery by its owner; or

    • “(ii) disposal to a new owner.

• “(4) However,—

  • “(a) a person to whom subsection (3)(a) applies must not dispose of a dog other than in accordance with section 69A; and

  • “(b) a person to whom subsection (3)(b) or subsection (3)(c) applies must not dispose of a dog (other than by destroying it), unless the dog is first registered under this Act.”

• “(1) The owner of a dog must carry a leash when in a public place if—

  • “(a) the dog is with the owner; and

  • “(b) the dog is not otherwise required to be controlled on a leash by or under this Act or any other enactment.”

“69A Impounded dog must be microchipped and registered before release

• “(1) A registered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.

  “(2) Subsection (1) does not apply to a registered dog that has been impounded by the territorial authority for the first time.

  “(3) An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being registered under this Act.

  “(4) An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.

  “(5) Subsections (1) and (4) do not apply if,

  • “(a) as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or

  • “(b) in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.”

“72A Power of dog control officer or dog ranger to seize released dog

• A dog control officer or dog ranger may—

  • “(a) seize and impound a dog that has been released or uplifted in breach of section 72; and

  • “(b) retain custody of the dog until the dog control officer, dog ranger, or territorial authority (as the case may be) is satisfied that the requirements under this Act in relation to the initial impounding of the dog have been complied with.”