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Policing (Killing a Police Dog) Amendment Bill (Consistent) [2021] NZBORARp 10 (22 March 2021)

Last Updated: 25 March 2021

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22 March 2021

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Policing (Killing a Police Dog) Amendment Bill

  1. We have considered whether the Policing (Killing a Police Dog) Amendment Bill (the Bill), a Member’s Bill in the name of Matt Doocey, MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
  2. The Bill amends the Policing Act 2008 to increase the maximum term of imprisonment for killing a police dog from 2 years to 5 years.
  3. Currently, under s 53 of the Policing Act 2008 (Killing or injuring Police dogs), anyone who intentionally kills, maims, wounds, or otherwise injures a police dog without lawful authority or reasonable excuse is liable on conviction to imprisonment for a term not exceeding 2 years, to a fine not exceeding $15,000, or to both.
  4. The Bill’s policy statement notes that the current penalty for killing a police dog is comparatively lenient and provides examples of jurisdictions in which it is more severe.
  5. We note that the proposed increase would bring the maximum term of imprisonment for killing a police dog into line with the existing maximum term of imprisonment for wilfully ill-treating an animal with the result that it dies, under s 28 of the Animal Welfare Act 1999.
  6. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

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Jeff Orr

Chief Legal Counsel Office of Legal Counsel


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