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Dogs Act

LAWS OF TONGA

1988 Revised Edition

CHAPTER 150

DOGS ACT

Arrangement of Sections

Section
1 Short title.
2 Interpretation.
3 Magistrate may order dangerous dog to be controlled or destroyed.
4 Dog attacking animal on public road.
5 Spectator may destroy dog seen biting person or animals mentioned.
6 Owner, etc., of animals mentioned may destroy dogs at large amongst them.
7 Owner liable in damages for injury by dog.
8 All dogs to have collars.
9 Procedure.

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DOGS ACT

Acts Nos. 19 of 1930, 12 of 1934 and 22 of 1988

AN ACT RELATING TO DOGS

Commencement [14th August, 1930]

1 Short title.

This Act may be cited as The Dogs Act.

2 Interpretation.

In this Act -

"owner of dog" means the keeper of a dog or the occupier of any building where any dog is ordinarily kept or permitted to live or remain or any person who harbours a dog.

3 Magistrate may order dangerous dog to be controlled or destroyed.

Any magistrate may hear any complaint by way of summons alleging that a dog is dangerous to person or property and not kept under proper control and if it appears to the magistrate that such dog is dangerous he may make an order directing either that the dog be destroyed or be kept under proper control by the owner and any person failing to comply with such order shall be liable on conviction to a fine not exceeding $5 for every day during which he failed to comply with such order. (Amended by Act 22 of 1988.)

4 Dog attacking animal on public road.

The owner of any dog which shall in any road, street, highway or public place rush at or attack any horse or other animal whereby any person shall be endangered or any property be injured shall be liable on conviction therefor to a fine not exceeding $25 or in default of payment to imprisonment for any term not exceeding 14 days. (Amended by Act 22 of 1988.)

5 Spectator may destroy dog seen biting person or animals mentioned.

Any person who shall see a dog being at large biting or attacking any person or any horse, sheep, cattle, goats, pigs or poultry of any kind or shall himself be bitten or attacked by such dog may destroy the same without being answerable to the owner of the dog.

6 Owner, etc., of animals mentioned may destroy dogs at large amongst them.

The owner of any cattle, sheep, goats, pigs or of any kind of poultry or any servant or person employed by such owner may destroy any dog running at large amongst and worrying such cattle, sheep, goats, pigs or poultry.

7 Owner liable in damages for injury by dog.

The owner of any dog shall be liable in damages for injury done by his dog and it shall not be necessary for the party seeking damages to show a previous mischievous propensity in such dog or the owner's knowledge of such previous mischievous propensity or that the injury was attributable to neglect on the part of the owner of the dog.

8 All dogs to have collars.

(1) Every dog not less than 6 months old shall be provided by his owner with a collar and there shall be legibly inscribed on such collar the name of the owner of the dog.

Police may destroy dog without a collar.

(2) It shall be lawful for any member of the Police Force to destroy any dog not less than 6 months old found in any road, street, highway or public place without such collar as aforesaid. (Added by Act 12 of 1934.)

Procedure.

9 All proceedings for offences against this Act shall be by summons before a magistrate and such proceedings may be in the name of or at the instance of the Minister of Police or of any aggrieved or injured person.

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