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CIVIL LAW

Animals

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This site sets out an overview of the new and old law in relation to animals and in particular to the very specific laws in relation to dogs.

 

We provide you with full details of the law.  

 

You can also click on to our specialist topic -  Impounding Act 1955  because you now have free and open access for 60 days to all the Index Sites on this website.

 

You should also visit all our other related topics in the box above.  Just click staight on.

 

 

The first thing to note is that there is a clear difference between dogs and all other animals. Dogs are in a special category and we will deal with them below after we have given you the law in relation to all other animals.

ANIMALS OTHER THAN DOGS

Before the Animals Law Reform Act 1989 became law, the owner of an animal was liable for damage done by that animal only in certain circumstances. The liability generally only related to dangerous animals, unless there was clear negligence or carelessness on the part of an owner.

You would obviously be liable for damage if you decided to take a very large St Bernard dog into a china shop.

Similarly, if we use the old "bull in a china shop" analogy, the law would say you were liable if you took a bull into a confined area if that bull caused damage. The law would say that you were clearly being careless and you would have to pay for the damages.

But in normal circumstances you would not be liable for damage caused by your animal unless it was known to be a dangerous ani

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Feedback/Blogs/Reviews from related topic: Animal Cruelty
"Interesting, but also see the very helpful Harrassment Act topic which is a beaut! I am curently going to use the Bond thing against my neighbours who are deliberately throwing rocks over on to our lawn. Dick - Hamilton - April 2007."
"Complicated but it fits in with the Harrassment Act and trespass Notices and I see you have both topics.
Leigh - Kati Kati "

"How frequently are these used? My neighbours throw abuse across the fence every single day. They also throw little pieces of rubbish on to my back lawn. I can put up with so much but every day?? KL - Manurewa

Netlaw replies - Not very often. the Judges don't like them and prefer the Police to handle neighbour disputes. But there are times when they should be granted."

Feedback/Blogs/Reviews from related topic: Animal Cruelty
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Animal Cruelty
"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
Feedback/Blogs/Reviews from related topic: Animal Cruelty
"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

Feedback/Blogs/Reviews from related topic: Animal Cruelty
"Bastard Noise control officers! What can you do? I don't mind really noisy things being stopped but the officers don't seem to realise who is a genuine complainant and who is just a difficult neighbour.

Steve H. Auckland"

"Would you have any information or help on neighbour with a noisy car REVERSE parking his car with difficulty causing noise disturbance at night, Also may visitors of his boarders come up and down and the driveway at night causing a lot of car noise. Jon

Netlaw replies: A really difficult problem.

Traffic enforcement through the police will not get involved unless the noisy vehicle is being operated on a public road and, even then, prosecutions for a noisy vehicle usually relate to a specific matter such as a car with no exhaust.

Noise control officers with your local Council will find it very difficult to take steps because their powers do not involve prosecutions and punishments but rather involve steps to control noise at any one particular time.

Technically, you can bring a civil action in what is known as the tort of nuisance, but this is time-consuming and fairly costly and usually used only an industrial situations or in urban areas where a neighbour is running a workshop with electric machinery all hours of the night.

You are therefore left, in practical terms, only with approaching the neighbour, perhaps with the assistance of a third person mediator, to try and resolve the matter.

There are no cheap, quick and easy legal remedies apart from the matters referred to above.

Hope this short overview helps.


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