RSPCA and their Right to Uplift and Hold Dogs The spca can uplift a dog if it is deemed in such a condition that to leave it in its present state would result in further harm, and/or is in a state where it requires immediate medical attention. After uplifting any animal they may try to convince the owners to surrender the animal/s but the owner does not have to consent to this. Surrendering of the animal does not mean the owner will not face prosecution but it does mean the animal will be safe. They can hold the dog while waiting for a decision from the courts, but cannot rehome the dog until the courts deem that the owner was guilty of acts of cruelty under the animal welfare act and deny the owner the right to have the dog returned. If they do not deny the owner this right or feel there is insufficient evidence to prove the owner acted intentionally to harm the dog then the SPCA must in all cases return the dog to its owner, unless the dog was euthanaised due to it being cruel to keep the dog alive for health and sometimes behaviour reasons but this has to be in accordance with the act. While the SPCA may be able to take an owner to court for costs, than can only hold the dog while there is evidence (in their view) that the owner has not met the requirements to house a dog in accordance with the animal welfare act and/or the owner cannot financially look after the dog as per the animal welfare act. There are grey areas, and loop holes within the act that benefit the SPCA if they have sound legal advice. For the SPCA to take a case to court they must be able to proved intent and each case costs on average $6000, although they can apply for funding through the RNZSPCA National Office. PAWS works differently to the SPCA but with the same goals in mind. However many of the SPCAs will work with the mindset to Educate rather than prosecute. This does not in any way mitigate any of the suffering that the animal has undergone, but sadly the SPCA has to pick their battles when it comes to prosecutions. This is one of the reasons that at PAWS we try to get the dogs before they end up at the SPCA or Pounds as we dont worry about prosecutions. This does not mean to say that the SPCA is wrong, just that we go about things differently.
Posted on: Fri, 18 Jul 2014 04:08:17 +0000
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