Companion Animals Act 1998 No 87
Part 4 Responsibilities for control of cats
29 Cats must have form of identification
(1) A cat must be identified by a form of identification that enables a local authority to ascertain the name of the cat and the address or telephone number of the owner of the cat.(2) The identification may take any of the following forms—(a) a collar worn around the cat’s neck with a tag or tags attached,(b) a microchip,(c) any other form of identification prescribed by the regulations.(3) The owner of the cat is guilty of an offence if this section is not complied with.Maximum penalty—8 penalty units.(4) This section does not affect the operation of section 8.(5) This section does not apply to—(a) a cat on property of which the owner of the cat is the occupier, or(b) a cat being exhibited for show purposes or proceeding immediately to or from a place at which it will be, or has been, exhibited for show purposes.
30 Cats prohibited in some public places
(1) Cats are prohibited in the following places—(a) Food preparation/consumption areas (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans).(b) Wildlife protection areas (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority ordered that cats are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that cats are prohibited in or on that public place).(2) If a cat is in a place in which cats are prohibited under this section—(a) the owner of the cat, oris guilty of an offence.(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the cat at that time—that other person,Maximum penalty—8 penalty units.(3) Any person (including an authorised officer) may seize a cat that is in a place in which cats are prohibited under this section for the cat’s own protection.(4) If the owner of the cat is present, an authorised officer (but no other person) may seize the cat (whether or not for the cat’s own protection), but only if the owner fails to remove the cat from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the cat includes a reference to the person who is for the time being in charge of the cat.Note.Removing the cat prevents the cat being impounded but it does not excuse the contravention and does not stop action being taken for the contravention.(5) A cat is not prohibited under this section in a place that is a food preparation/consumption area if the place is a public thoroughfare (such as a road, footpath or pathway).(6) A local authority is authorised to make the orders contemplated by this section.
31 Nuisance cats
(1) For the purposes of this section, a cat is a nuisance if the cat—(a) makes a noise that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises, or(b) repeatedly damages anything outside the property on which it is ordinarily kept.(2) If an authorised officer of a council is satisfied that a cat is a nuisance, the officer may, after complying with section 31A, issue an order in the approved form to the owner of the cat requiring the owner to prevent the behaviour that is alleged to constitute the nuisance.(3) The order must specify the behaviour of the cat that is required to be prevented. The order can specify more than one kind of behaviour.(4) An order remains in force for 6 months after it is issued.(5) The owner of a cat must comply with an order issued to the owner under this section and must continue to comply with it while it is in force.Maximum penalty—3 penalty units for a first offence or 8 penalty units for a second or subsequent offence.(6) A council whose authorised officer issues an order under this section must notify the Departmental Chief Executive within 7 days after the order is issued.(7) An order under this section is final and is not subject to any appeal or review.
31A Procedure for issuing nuisance cat order
(1) Before an authorised officer of a council issues an order under section 31, the officer must give notice to the owner of the cat to which the proposed order relates of the officer’s intention to issue the order.(2) The notice must set out—(a) the requirements with which the owner will be required to comply if the order is issued, and(b) the owner’s right to object to the proposed order in writing to the authorised officer within 7 days after the date the notice is given.(3) The owner has 7 days after the date the notice is given in which to object to the proposed order.(4) If the owner does not object within that time, the authorised officer may proceed to issue the order after the 7 days have passed.(5) If the owner does object within that time, the authorised officer must consider the objection before deciding whether or not to issue the order.
32 Action to protect persons and animals against cats
(1) Any person may lawfully seize a cat if that action is reasonable and necessary for the protection of any person or animal (other than vermin) from injury or death.(2) (Repealed)(3) If a cat that is not under the effective control of some competent person enters any inclosed lands within the meaning of the Inclosed Lands Protection Act 1901 and approaches any animal being farmed on the land, the occupier of the land or any person authorised by the occupier can lawfully injure or destroy the cat if he or she reasonably believes that the cat will molest, attack or cause injury to any of those animals.(4) An authorised officer who finds a cat attacking or harassing an animal (other than vermin) within a wildlife protection area (as defined in section 30 (1) (b)) can lawfully injure or destroy the cat if there is no other reasonably practicable way of protecting the animal.(5) A person who takes action under the authority of this section that results in the injury to or death of a cat must—(a) take reasonable steps to ensure that an injured cat receives any necessary treatment, and(b) report the matter to an authorised officer (unless the person is an authorised officer) and comply with such reasonable directions as the authorised officer may give for the purpose of causing the cat to be returned to its owner or taken to a council pound, and(c) take reasonable steps to inform the owner of the cat.(6) An authorised officer is not to give a direction under this section for the purpose of causing a cat to be taken to a council pound unless the authorised officer is satisfied that the owner of the cat cannot be identified.(7) Nothing in this section authorises a contravention of the Prevention of Cruelty to Animals Act 1979.(8) The authority conferred by this section to destroy a cat extends only to authorising the destruction of the cat in a manner that causes it to die quickly and without unnecessary suffering.