Animal Welfare Amendment Act 2002

1: Title
1: This Act is the Animal Welfare Amendment Act 2002.
2: In this Act, the Animal Welfare Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to substantive provisions
3: Interpretation
1: Section 2(1) device ; and includes any contraption, process, or thing that is declared by the Governor-General by Order in Council, made on the recommendation of the Minister after consultation in accordance with section 184, to be a device for the purposes of this Act
2: Section 2(1) trap trap
a: means a net, cage, snare, pen, pitfall, or mechanical or adhesive thing used for the purpose of killing, entrapping, capturing, entangling, restraining, or immobilising an animal; and
b: includes any contraption, process, or thing that is declared by the Governor-General by Order in Council, made on the recommendation of the Minister after consultation in accordance with section 184
c: does not include—
i: any fenced area of land or other effective enclosure used for handling, herding, or mustering an animal; or
ii: any animal housing system used routinely or commonly in farm or other animal production systems; or
iii: any enclosure, such as a cage, that is being used for transporting an animal; or
iv: a firearm.
4: Strict liability
Section 13 subsection (1)
1A: In a prosecution for an offence against section 12
5: Defence
1: The heading before section 24 and rebuttable evidence
2: The heading to section 24 and rebuttable evidence
3: Section 24 subsection (1)
1: In a prosecution for an offence against section 21(1)(b) or section 22(2) or section 23
6: Strict liability
Section 30 subsection (1)
1A: In a prosecution for an offence against section 29(a) section 29(a)
7: Power to declare traps or devices to be prohibited or restricted traps or devices
Section 32 subsection (5)
5: An order may be general in its application or may relate to a particular trap or class of traps or a particular device or class of devices.
5A: An order relating to a restricted trap or class of traps, or a restricted device or class of devices, may relate to—
a: the use of a particular trap or class of traps, or a particular device or class of devices, in relation to a particular species or type of animal:
b: a specified district or subdivision of a district of a territorial authority, or any specified part of New Zealand.
8: Criteria
Section 33 paragraph (e)
e: the availability and cost-effectiveness of, and the feasibility of a transition to, other means of achieving the purpose of the trap or device (whether by means of another trap or device or by different means); and.
9: Review of code of welfare
Section 78
4: Despite subsection (1) section 78A
5: Where the Governor-General does so, subsection (1)
10: New section 78A inserted
The principal Act is amended by inserting, after section 78
78A: Review date may be extended
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the date at or by which any particular review under section 78
2: In deciding whether to recommend the making of an order under subsection (1)
a: consult in accordance with section 184
b: have regard to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.
11: Compliance with enforcement order
1: Section 145(2)(c) money received under paragraph (a)
2: Section 145
3: If the animal is sold under the powers given by subsection (2)
a: the person exercising those powers may retain the proceeds of the sale to the extent necessary to offset the costs and expenses to the person of complying with the order and of selling the animal; and
b: any remaining balance of the sale proceeds must be returned to the owner of the animal, if the owner can be found; and
c: if the owner cannot be found, the remaining balance must be paid into the Crown Bank Account.
12: Power to disqualify person from having custody of animals
Section 169
a: by inserting in subsection (2) subsection (1) or under section 16(1) of the Animals Protection Act 1960
b: by inserting in subsection (5)(a) subsection (1) or under section 16(1) of the Animals Protection Act 1960
c: by inserting in subsection 5(b) subsection (3) or an order made under section 16(1) of the Animals Protection Act 1960 subsection (2) of that section subsection (3) of this section
13: Consultation
Section 184(1)
a: by omitting the words definition of the term animal definitions of the terms animal device trap
b: by inserting, after the words or section 32(6) or section 78A or section 191(4) or section 200(4) or section 202(5)
2: Amendments to transitional provisions
14: Deemed codes of welfare
1: Section 191(1) 3 years 4 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4)
2: Section 191
4: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 4 years specified in subsection (1)
5: In deciding whether to recommend the making of an order under subsection (4)
a: consult in accordance with section 184
b: have regard, to the extent relevant, to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.
6: An Order in Council made under subsection (4)
a: if made on or before 30 June in any year, expires on the close of 31 December of that year, except so far as it is expressly confirmed by Act of Parliament passed during that year; and
b: if made on or after 1 July in any year, expires on the close of 31 December in the following year, except so far as it is expressly confirmed by Act of Parliament passed before the end of that following year.
7: The expiry of an Order in Council under subsection (6)
15: Certain regulations to continue in force
1: Section 199
2: Subject to this section, the following regulations and circular are revoked:
a: clauses 1(a) and 2, and the heading preceding clause 2, of Part 7 of the First Schedule of the Fish Export Processing Regulations 1995 (SR 1995/54)
b: regulation 80(1) of the Game Regulations 1975 (SR 1975/174)
c: regulation 76 of the Meat Regulations 1969 (SR 1969/192)
d: the Slaughter of Stock, Game, and Poultry Regulations 1969 (SR 1969/194)
e: New Zealand Fishing Industry Agreed Implementation Standards 003.4 Live Eels and Rock Lobsters Circular 1995.
3: Despite subsection (2) subsection (4) Part 5 Part 5
4: The modifications referred to in subsection (3)
a: references in the Slaughter of Stock, Game, and Poultry Regulations 1969 Slaughter Regulations
i: premises and places used for primary processing within the meaning of the Animal Products Act 1999
ii: permanent slaughterhouses operated by homekill or recreational catch service providers within the meaning of that Act:
b: the requirements of the Slaughter Regulations, as well as applying to the animals specified in regulation 3(1) of those regulations
i: farmed deer (except to the extent that any other method has been approved by the Director-General as a safe and humane means of slaughter of deer); and
ii: stock as defined in clause 3 of the Meat (Game and Stock) Order 1998
c: regulation 9 regulation 8 of those regulations
d: the circular specified in subsection (2)(e) Animal Products Act 1999
5: Subsections (2) to (4) section 13 Animal Products (Ancillary and Transitional Provisions) Act 1999
2: Regulation 12 of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 (SR 2000/208)
16: Certain bylaws to continue in force
1: Section 200(1) 3 years 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4)
2: Section 200
4: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 6 years specified in subsection (1)
5: In deciding whether to recommend the making of an order under subsection (4)
a: consult in accordance with section 184
b: have regard to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.
17: Expiry of section 201
1: Section 202(1) 3 years 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (5)
2: Section 202(2) period of 3 years specified period referred to
3: Section 202
5: The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 6 years specified in subsection (1)
6: In deciding whether to recommend the making of an order under subsection (5)
a: consult in accordance with section 184
b: have regard to—
i: the welfare of any affected animals; and
ii: the interests of persons involved in the commercial use of any affected animals; and
iii: any other relevant factor.