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Policing (Killing a Police Dog) Amendment Bill (Consistent) [2021] NZBORARp 10 (22 March 2021)
Last Updated: 25 March 2021
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
- 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).
- 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.
- 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.
- 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.
- 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.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
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