Guy Nathan: Animal Welfare Amendment Bill — Second ReadingText is incorporated into the Bound VolumeGuy Nathan: Animal Welfare Amendment Bill — Second Reading[Sitting date: 26 November 2014. Volume:702;Page:898. Text is incorporated into the Bound Volume.]Hon NATHAN GUY (Minister for Primary Industries):I move That the Animal Welfare Amendment Bill be now read a second time. I thank the members of the Primary Production Committee and particularly I would like to acknowledge its former chair Shane Ardern officials and members of the committee for their thorough consideration of this bill.The Animal Welfare Amendment Bill enhances and reinforces a number of key components of the Animal Welfare Act. I note a press release yesterday by the global charity World Animal Protection which ranks 50 countries across the world on their animal welfare standards. This index has placed New Zealand in first place along with the United Kingdom Austria and Switzerland. As an agricultural nation with such a huge focus on animals it is extremely pleasing to see New Zealand ranked up at the top and this is something we should all be very proud of. World Animal Protection also notes that the Animal Welfare Amendment Bill which we are now considering is “a good example of how New Zealand is continuing to make positive change for animals.”The bill was referred to the Primary Production Committee in August 2013. It was reported back to the House on 26 June this year. The committee received over 4000 written submissions on the bill and heard oral submissions from a range of submitters in both Auckland and Wellington. Clearly New Zealanders wish to continue building upon their already world-class animal welfare system and I thank the many people who took the time to make a submission. The committee has recommended that the bill proceed with a number of changes some of which I would like to touch on today. I support all the changes recommended by the committee.The committee has recommended that the bill expressly recognise the sentience of animals—that is that animals can have feelings perceptions and experiences that matter to them. Animal sentience has been proven in science for some time and a number of overseas jurisdictions already recognise that animals are sentient. It is therefore appropriate that New Zealand’s primary piece of animal welfare law also recognise animal sentience. Changes have been made to the provisions and they include compliance notices as a new tool for responding to low to mid-level offending under the Act. Submitters were concerned that the original drafting of these provisions left too much discretion in the hands of individual animal welfare inspectors. These provisions will now require animal welfare inspectors to make decisions according to more objective standards that are well recognised in criminal law.There has been considerable interest in the export of live animals and a large number of submitters have called for the bill to ban the export of live animals for slaughter. Currently the export of live animals for slaughter is prohibited under a Customs Service prohibition order. There have been no live animal exports for slaughter from New Zealand since 2007. The Government intends to retain and strengthen this prohibition by moving it into regulations under the Animal Welfare Act once the bill is passed.The bill also strengthens protections for animals exported for other purposes such as breeding. The bill now enables the Director-General of the Ministry for Primary Industries to require exporters to report on the welfare of their animals during the journey and for up to the first 30 days following their arrival in the importing country. This information will be used by the director-general when deciding whether to approve further exports by the same exporter or to the same country.Minimum standards of animal care change over time as scientific views shift on what animal management practices are acceptable. Examples of this are the use of sow stalls and battery cages both of which are being phased out. Transitioning from one type of farming practice to another can be expensive and operationally it can be very challenging for farmers. To give farmers the time they need to make the changes this bill provides that regulations may allow the old practices that no longer meet the requirements of the legislation to continue during a transitional period. Many submitters were concerned about these provisions and as a result the committee has recommended amendments.The bill now provides that transitional regulations can give an industry a maximum of 10 years to become compliant with the Act with a once-only ability to extend this for up to an additional 5 years. The presumption will be that industries must become compliant within 10 years. It will be only in very limited circumstances that an extension could be given. Concern was also expressed by submitters about provisions in the bill allowing for regulations to authorise indefinite exemptions. The committee has recommended tightening these provisions so that an indefinite exemption will be available only for specific religious or cultural practices.The Primary Production Committee recommended some changes to the bill in response to Supplementary Order Papers in the name of Mojo Mathers MP that seek to ban the use of animals in research testing or teaching if a suitable alternative exists. The bill now expressly requires the animal ethics committees to assess whether non-sentient or non-living alternatives can be considered by applicants seeking approval to use animals. I am also aware of another Supplementary Order Paper from Mojo Mathers MP that would prohibit the testing of cosmetic products on animals. The Government is still considering its view on this matter although I note that to the best of our knowledge cosmetic testing on animals has never been carried out in New Zealand. I will discuss this matter further during the Committee of the whole House stage of this bill.The Primary Production Committee has made very useful recommendations to provide greater clarity in relation to who should perform surgical procedures on animals. Significant surgical procedures are required to be undertaken by veterinarians except where the law otherwise permits. The bill now provides a set of criteria to help determine whether a surgical procedure is or is not significant. Regulations to be made after the bill is passed will specify which of these procedures can be carried out by non-veterinarians and under what conditions.These and other changes recommended by the Primary Production Committee reflect a very balanced and careful consideration of the wide range of comments received from submitters on this bill. The changes enhance the bill and make it even more reflective of the standards and expectations that New Zealanders have as a whole. I commend the Animal Welfare Amendment Bill to the House.