Animal Welfare Act 1999

1: Short Title and commencement
1: This Act may be cited as the Animal Welfare Act 1999.
2: This Act comes into force on 1 January 2000.
2: Interpretation
1: In this Act, unless the context otherwise requires,— accredited reviewer section 109 section 105 aircraft section 2 animal
a: means any live member of the animal kingdom that is—
i: a mammal; or
ii: a bird; or
iii: a reptile; or
iv: an amphibian; or
v: a fish (bony or cartilaginous); or
vi: any octopus, squid, crab, lobster, or crayfish (including freshwater crayfish); or
vii: any other member of the animal kingdom which is declared from time to time by the Governor-General, by Order in Council ( see
b: includes any mammalian foetus, or any avian or reptilian pre-hatched young, that is in the last half of its period of gestation or development; and
c: includes any marsupial pouch young; but
d: does not include—
i: a human being; or
ii: except as provided in paragraph (b) or paragraph (c), any animal in the pre-natal, pre-hatched, larval, or other such developmental stage animal establishment animal welfare export certificate section 46 appointed member
a: in relation to the National Animal Welfare Advisory Committee, a member of the Committee who is appointed under section 58(2)﻿(a)
b: in relation to the National Animal Ethics Advisory Committee, any member of the Committee approved organisation section 121 associated animal
a: is of the same species and is from the same flock, herd, or other group as the animal that is manipulated; and
b: is in the immediate care of the veterinarian who carries out the manipulation auxiliary officer section 125 blistering code holder
a: the person who, by virtue of an application under section 87
b: where the approval of that code has, with the consent of the Director-General, been transferred under section 93(1) code of welfare section 75 cosmetic
a: means any finished product that is used or represented for use for the primary purpose of cleansing, improving the attractiveness of, changing the appearance of, perfuming, moisturising, or deodorising the skin, hair, nails, or other external parts of the human body, human teeth, or the mucous membranes of the human mouth, whether or not the product is or contains any substance, mixture of substances, or thing; and
b: includes any substance, mixture of substances, or thing declared to be a cosmetic by regulations made for that purpose under section 183
c: does not include—
i: a medicine, as defined in section 3
ii: a medical device, as defined in section 3A
iii: a related product, as defined in section 94
iv: an agricultural compound or a veterinary medicine, as those terms are defined in section 2(1)
v: a food, as defined in section 9
vi: toothpaste; or
vii: any substance, mixture of substances, or thing declared not to be a cosmetic by regulations made for that purpose under section 183 crops device explosive (not being a firearm as defined in section 2 ; and includes any contraption, process, or thing that is declared by the Governor-General by Order in Council ( see section 184 Director-General enforcement order section 144 section 148 firing hunt or kill
a: hunting, fishing, or searching for any animal and killing, taking, catching, trapping, capturing, tranquilising, or immobilising any animal by any means:
b: pursuing or disturbing any animal;— and hunting or killing ill-treat infringement offence
a: an offence against section 36(3)
b: an offence against section 156I(1)
c: any other offence created by or under this Act that is declared by regulations made under this Act to be an infringement offence for the purposes of this Act inspector section 124(1) constable manipulation section 3 marae
a: means—
i: land which is set apart for the purposes of a marae or meeting place under section 338 section 341
ii: Maori freehold land on which a Maori meeting house is erected; and
b: includes all buildings, such as the wharenui (meeting house), the wharekai (dining room), the ablution blocks, and other associated buildings, situated on, or adjacent to, land of the kind described in paragraph (a)﻿(i) or paragraph (a)﻿(ii) and used for the purposes for which the land is so set apart marine mammal section 2(1) marine wildlife section 2(1) marking
a: marking that animal by any method for the purpose of distinguishing that animal or animals of that type from others; and
b: includes affixing or applying to, or implanting in, that animal, for the purpose of distinguishing that animal or animals of that type from others, any band, ring, clip, tag, electronic identification device, or paint, or any other thing Minister Ministry National Animal Ethics Advisory Committee section 62 National Animal Welfare Advisory Committee section 56 nicking non-human hominid owner
a: owns the animal; and
b: is a member of the parent's or guardian's household living with and dependent on the parent or guardian person person in charge pest
a: any animal in a wild state that, subject to subsection (2), the Minister of Conservation declares, by notice ( see
b: any member of the family Mustelidae (except where held under a licence under regulations made under the Wildlife Act 1953
c: any feral cat:
d: any feral dog:
e: any feral rodent:
f: any feral rabbit:
g: any feral hare:
h: any grass carp:
i: any koi or European carp:
j: any silver carp:
k: any mosquito fish:
l: any animal in a wild state that is a pest or unwanted organism within the meaning of the Biosecurity Act 1993 physical, health, and behavioural needs section 4 prohibited device section 32(1)﻿(a) prohibited trap section 32(1)﻿(a) project
a: any experiment, or series of related experiments, forming a discrete piece of research; or
b: a protocol for the carrying out of routine manipulations within a specified period; or
c: any experiment or demonstration, or series of related experiments or demonstrations, undertaken for teaching purposes research, testing, and teaching section 5 road safari park section 2(1) ship section 2(1) substance section 2(1) territorial authority Local Government Act 2002 threatened species section 2(1) 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 ( see 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 vehicle section 2(1) veterinarian section 4 wild animal section 2(1) working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing on 20 December in any year and ending with 15 January in the following year.
2: The Minister of Conservation must not declare an animal to be a pest for the purposes of this Act unless he or she is of the opinion that the fulfilling of responsibilities or functions of the Director-General of Conservation or the Minister of Conservation or the Department of Conservation under—
a: the Conservation Act 1987
b: any Act listed in Schedule 1
c: any other Act or regulations— requires the declaration to be made.
3: Any notice under this section declaring an animal to be a pest for the purposes of this Act may be at any time amended or revoked by the Minister of Conservation by a subsequent notice
4: The following are secondary legislation ( see Part 3
a: an order under paragraph (a)﻿(vii) of the definition of animal in subsection (1):
b: an order under the definition of device in subsection (1):
c: a notice under paragraph (a) of the definition of pest in subsection (1) (and a subsequent notice under subsection (3)):
d: an order under paragraph (b) of the definition of trap in subsection (1). 1960 No 30 ss 2, 3(2)﻿(ii) 1971 No 48 s 2 1983 No 141 s 2 1987 No 20 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) animal amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) controlled surgical procedure repealed 9 May 2021 section 5(1) Animal Welfare Amendment Act (No 2) 2015 Section 2(1) cosmetic inserted 10 May 2015 section 5(2) Animal Welfare Amendment Act (No 2) 2015 Section 2(1) device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) device amended 10 May 2015 section 5(3) Animal Welfare Amendment Act (No 2) 2015 Section 2(1) device amended 19 December 2002 section 3(1) Animal Welfare Amendment Act 2002 Section 2(1) infringement offence replaced 9 May 2020 section 5(5) Animal Welfare Amendment Act (No 2) 2015 Section 2(1) inspector amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 2(1) pest amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) restricted surgical procedure repealed 9 May 2021 section 5(6) Animal Welfare Amendment Act (No 2) 2015 Section 2(1) significant surgical procedure repealed 9 May 2021 section 5(6) Animal Welfare Amendment Act (No 2) 2015 Section 2(1) substance inserted 10 May 2015 section 5(7) Animal Welfare Amendment Act (No 2) 2015 Section 2(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) trap substituted 19 December 2002 section 3(2) Animal Welfare Amendment Act 2002 Section 2(1) trap amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) veterinarian substituted 22 December 2005 section 105 Veterinarians Act 2005 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Definition of manipulation
1: In this Act, unless the context otherwise requires, the term manipulation subsections (1A) to (3)
a: subjecting it to a procedure which is unusual or abnormal when compared with that to which animals of that type would be subjected under normal management or practice and which involves—
i: exposing the animal to any parasite, micro-organism, drug, chemical, biological product, radiation, electrical stimulation, or environmental condition; or
ii: enforced activity, restraint, nutrition, or surgical intervention; or
b: depriving the animal of usual care;— and manipulating
1A: The term defined by subsection (1) includes the killing of an animal (other than an animal in a wild state) for the purpose of interfering with the animal's body or its tissues in a manner specified in that subsection.
1B: The term defined by subsection (1) also includes the breeding or production of an animal using any breeding technique (including genetic modification) that may result in the birth or production of an animal that is more susceptible to, or at greater risk of, pain or distress during its life as a result of the breeding or production.
2: The term defined by subsection (1) does not include—
a: any therapy or prophylaxis necessary or desirable for the welfare of an animal; or
b: the killing of an animal by the owner or person in charge as the end point of research, testing, or teaching if the animal is killed in such a manner that the animal does not suffer unreasonable or unnecessary pain or distress; or
c:
d: the hunting or killing of any animal in a wild state by a method that is not an experimental method; or
e: any procedure that the Minister declares, under subsection (3), not to be a manipulation for the purposes of this Act.
2A: Subsection (1A) does not apply to any killing of an animal that is carried out by any person—
a: while exercising powers under the Biosecurity Act 1993 for the purposes specified in section 121(1A)
b: while exercising powers or performing functions for the purposes of a response activity carried out under the Biosecurity Act 1993
2B: The events concerned are—
a: the detection of an unwanted organism not previously known to be present in New Zealand:
b: the appearance of different effects of an unwanted organism known to be present in New Zealand and capable of being eradicated.
2C: The purposes concerned are—
a: to investigate the unwanted organism:
b: to minimise the impact of the unwanted organism on natural and physical resources, human health, and overseas market access for New Zealand products:
c: to control the spread of the unwanted organism:
d: to reduce the geographical distribution of the unwanted organism:
e: to eradicate the unwanted organism.
3: The Minister may from time to time, after consultation with the National Animal Welfare Advisory Committee and the National Animal Ethics Advisory Committee, declare any procedure, by notice
4: The Minister must, in deciding whether to publish a notice under subsection (3) in relation to a procedure, have regard to the following matters:
a: the nature of the procedure; and
b: the effect that the performance of the procedure will or may have on an animal's welfare; and
c: the purpose of the procedure; and
d: the extent (if any) to which the procedure is established in New Zealand in relation to the production of animals or commercial products; and
e: the likelihood of managing the procedure adequately by the use of codes of welfare or other instruments under this Act or any other Act; and
f: the consultation conducted under subsection (3); and
g: any other matter considered relevant by the Minister.
5: A notice under subsection (3) is secondary legislation ( see Part 3 1960 No 30 s 2; 1983 No 141 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(1) amended 1 January 2018 section 6(1) Animal Welfare Amendment Act (No 2) 2015 Section 3(1A) inserted 1 January 2018 section 6(2) Animal Welfare Amendment Act (No 2) 2015 Section 3(1B) inserted 1 January 2018 section 6(2) Animal Welfare Amendment Act (No 2) 2015 Section 3(2)﻿(c) repealed 1 January 2018 section 6(4) Animal Welfare Amendment Act (No 2) 2015 Section 3(2A) inserted 1 January 2018 section 6(3) Animal Welfare Amendment Act (No 2) 2015 Section 3(2B) inserted 1 January 2018 section 6(3) Animal Welfare Amendment Act (No 2) 2015 Section 3(2C) inserted 1 January 2018 section 6(3) Animal Welfare Amendment Act (No 2) 2015 Section 3(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 3(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Definition of physical, health, and behavioural needs
In this Act, unless the context otherwise requires, the term physical, health, and behavioural needs
a: proper and sufficient food:
ab: proper and sufficient water:
b: adequate shelter:
c: opportunity to display normal patterns of behaviour:
d: physical handling in a manner which minimises the likelihood of unreasonable or unnecessary pain or distress:
e: protection from, and rapid diagnosis of, any significant injury or disease,— being a need which, in each case, is appropriate to the species, environment, and circumstances of the animal. 1960 No 30 s 3(b) Section 4(a) replaced 10 May 2015 section 7 Animal Welfare Amendment Act (No 2) 2015 Section 4(ab) inserted 10 May 2015 section 7 Animal Welfare Amendment Act (No 2) 2015
5: Definition of research, testing, and teaching
1: In this Act, unless the context otherwise requires, the term research, testing, and teaching subsections (1A) to (4)
a: any work (being investigative work or experimental work or diagnostic work or toxicity testing work or potency testing work) that involves the manipulation of any animal; or
b: any work that—
i: is carried out for the purpose of producing antisera or other biological products; and
ii: involves the manipulation of any animal; or
c: any teaching that involves the manipulation of any animal ; or
d: any routine breeding of animals that may result in the birth or production of an animal that is more susceptible to, or at greater risk of, pain or distress during its life, being breeding for the purpose of carrying out any work or teaching of a type specified in paragraphs (a) to (c) on any offspring.
1A: The term defined by subsection (1) includes any work of a kind described in subsection (1)﻿(a) or (b) carried out on the body or tissues of an animal after the animal was killed for the purpose, if the killing of the animal was a manipulation under section 3(1A)
1B: A reference in subsection (1) to a manipulation of an animal includes a reference to the act of breeding or producing the animal in a way described in section 3(1B)
1C: In applying subsection (1) in relation to a manipulation described in section 3(1B)
2: The term defined by subsection (1) does not include any manipulation that is carried out on any animal that is in the immediate care of a veterinarian, if—
a: the veterinarian believes on reasonable grounds that the manipulation will not cause the animal unreasonable or unnecessary pain or distress, or lasting harm; and
b: the manipulation is—
i: for clinical purposes in order to diagnose any disease in the animal or any associated animal; or
ii: for clinical purposes in order to assess the effectiveness of a proposed treatment regime for the animal or any associated animal; or
iii: for the purposes of assessing the characteristics of the animal with a view to maximising the productivity of the animal or any associated animal.
2A: Subsection (2)﻿(a) does not apply in relation to a manipulation described in section 3(1A)
3: The term defined by subsection (1) does not include any manipulation of an animal—
a: which is carried out with the principal objective of—
i: assisting the breeding, marking, capturing, translocation, or trapping of animals of that type; or
ii: weighing or taking measurements from the animal; or
iii: assessing the characteristics of animals of that type; and
b: which is a manipulation of an animal that—
i: is carried out routinely; or
ii: is a minor modification of a manipulation that is carried out routinely; and
c: which is used to fulfill responsibilities and functions under—
i: the Conservation Act 1987
ii: any Act listed in Schedule 1
iii: any other Act or regulations under which the Minister of Conservation or the Director-General of Conservation or the Department of Conservation has responsibilities or functions; or
iv: the Fisheries Act 1996
4: For the purposes of this section, an animal is in the immediate care of a veterinarian if the veterinarian—
a: has accepted responsibility for the health and welfare of the animal; and
b: is providing the animal with direct and continuing care.
5: In the other sections of this Act (except section 57(a)﻿(i)
a: the term research
b: the term testing
c: the term teaching Section 5(1) amended 1 January 2018 section 8(1) Animal Welfare Amendment Act (No 2) 2015 Section 5(1)﻿(c) amended 1 January 2018 section 8(2) Animal Welfare Amendment Act (No 2) 2015 Section 5(1)﻿(d) inserted 1 January 2018 section 8(3) Animal Welfare Amendment Act (No 2) 2015 Section 5(1A) inserted 1 January 2018 section 8(4) Animal Welfare Amendment Act (No 2) 2015 Section 5(1B) inserted 1 January 2018 section 8(4) Animal Welfare Amendment Act (No 2) 2015 Section 5(1C) inserted 1 January 2018 section 8(4) Animal Welfare Amendment Act (No 2) 2015 Section 5(2A) inserted 1 January 2018 section 8(5) Animal Welfare Amendment Act (No 2) 2015
6: Definition of significant surgical procedure
Section 6 repealed 9 May 2021 section 9 Animal Welfare Amendment Act (No 2) 2015
7: Notice of making of Order in Council
Section 7 repealed 9 May 2021 section 9 Animal Welfare Amendment Act (No 2) 2015
8: Act to bind the Crown
1: This Act binds the Crown.
2: Despite subsection (1), where the Crown—
a: is the owner of any animal or wildlife by virtue of—
i: section 9(1)
ii: section 57(3)
b: is, by virtue of any other Act, the owner of any other animal (being an animal in a wild state); or
c: has, under any other Act, the responsibility of administering and managing an animal (being an animal in a wild state),— the ownership of the animal or wildlife, or the responsibility of administering and managing the animal, does not of itself make the Crown subject to any obligation or liability under this Act in respect of the animal or wildlife. 1960 No 30 s 19A(8); 1983 No 141 s 6
8A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 4 Section 8A replaced 1 October 2022 section 4 Animal Welfare Amendment Act 2022
1: Care of animals
9: Purpose
1: The purpose of this Part is to ensure that owners of animals and persons in charge of animals attend properly to the welfare of those animals.
2: This Part accordingly—
a: requires owners of animals, and persons in charge of animals, to take all reasonable steps to ensure that the physical, health, and behavioural needs of the animals are met in accordance with both—
i: good practice; and
ii: scientific knowledge; and
b: requires owners of ill or injured animals, and persons in charge of such animals, to ensure that the animals receive
c: imposes restrictions on the carrying out of surgical procedures on animals; and
d: contemplates that regulations will prohibit or impose requirements on the surgical or painful procedures that may be performed on animals; and
e: contemplates that regulations will prescribe the persons or classes of persons who may perform surgical or painful procedures on animals; and
f: specifies certain minimum conditions that must be observed in relation to the transportation of animals. Section 9(2)﻿(b) amended 10 May 2015 section 11(1) Animal Welfare Amendment Act (No 2) 2015 Section 9(2)﻿(d) replaced 9 May 2021 section 11(2) Animal Welfare Amendment Act (No 2) 2015 Section 9(2)﻿(e) replaced 9 May 2021 section 11(2) Animal Welfare Amendment Act (No 2) 2015 Obligations of owners and of persons in charge of animals
10: Obligation in relation to physical, health, and behavioural needs of animals
The owner of an animal, and every person in charge of an animal, must ensure that the physical, health, and behavioural needs of the animal are met in a manner that is in accordance with both—
a: good practice; and
b: scientific knowledge.
11: Obligation to alleviate pain or distress of ill or injured animals
1: The owner of an animal that is ill or injured, and every person in charge of such an animal, must
2: This section does not—
a: limit section 10
b: require a person to keep an animal alive when it is in such a condition that it is suffering unreasonable or unnecessary pain or distress. Section 11(1) amended 10 May 2015 section 12 Animal Welfare Amendment Act (No 2) 2015 Offences
12: Animal welfare offences
A person commits an offence who, being the owner of, or a person in charge of, an animal,—
a: fails to comply, in relation to the animal, with section 10
b: fails, in the case of an animal that is ill or injured, to comply, in relation to the animal, with section 11
c: kills the animal in such a manner that the animal suffers unreasonable or unnecessary pain or distress. 1960 No 30 s 3(b); 1983 No 141 s 3(1)
13: Strict liability
1: In a prosecution for an offence against section 12
1A: In a prosecution for an offence against section 12
2: Subject to subsection (3), it is a defence in any prosecution for an offence against section 12
a: that, in relation to the animal to which the prosecution relates, the defendant took,—
i: in the case of an offence against section 12(a) section 10
ii: in the case of an offence against section 12(b) section 11
iii: in the case of an offence against section 12(c)
b: that the act or omission constituting the offence took place in circumstances of stress or emergency, and was necessary for the preservation, protection, or maintenance of human life; or
c: that there was in existence at the time of the alleged offence a relevant code of welfare and that the minimum standards established by the code of welfare were in all respects equalled or exceeded.
3: Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—
a: stating that the defendant intends to rely on subsection (2); and
b: specifying—
i: where the defendant intends to rely on subsection (2)﻿(a), the reasonable steps that the defendant will claim to have taken; or
ii: where the defendant intends to rely on subsection (2)﻿(b), the circumstances of stress or emergency, and the reasons why the act or omission was necessary for the preservation, protection, or maintenance of human life; or
iii: where the defendant intends to rely on subsection (2)﻿(c), the relevant code of welfare that was in existence at the time of the alleged offence, and the facts that show that the minimum standards established by that code of welfare were in all respects equalled or exceeded. Section 13(1A) inserted 19 December 2002 section 4 Animal Welfare Amendment Act 2002
14: Further animal welfare offences
1: A person commits an offence who, being the owner of, or a person in charge of, an animal, without reasonable excuse,—
a: keeps the animal alive when it is in such a condition that it is suffering unreasonable or unnecessary pain or distress; or
b: sells, attempts to sell, or offers for sale, otherwise than for the express purpose of being killed, the animal when it is suffering unreasonable or unnecessary pain or distress.
2: A person commits an offence who, being the owner of, or person in charge of, an animal, without reasonable excuse, deserts the animal in circumstances in which no provision is made to meet its physical, health, and behavioural needs. 1960 No 30 s 3(j), (k), (p); 1964 No 76 s 2; 1983 No 141 s 3(2) Surgical procedures
15: Restriction on performance of surgical procedures
1: Except as provided in regulations made under section 183B
a: a veterinarian; or
b: a person who is acting under the direct supervision of a veterinarian and who is a student undergoing his or her training to become a veterinarian.
2: A veterinarian who, for the purpose of teaching veterinary science, supervises the performance of a significant surgical procedure, must be present throughout the performance of that surgical procedure.
3: Any person may, subject to subsection (4) and to Parts 2 6 and to any regulations made under section 183B
4: No person may, in performing on an animal a surgical procedure that is not a significant surgical procedure, perform that surgical procedure in such a manner that the animal suffers unreasonable or unnecessary pain or distress. Section 15(1) amended 9 May 2021 section 13(1) Animal Welfare Amendment Act (No 2) 2015 Section 15(1)﻿(b) replaced 10 May 2015 section 13(2) Animal Welfare Amendment Act (No 2) 2015 Section 15(3) amended 10 May 2015 section 13(3) Animal Welfare Amendment Act (No 2) 2015
16: Criteria to determine whether procedure is significant surgical procedure
If any person has to determine whether a procedure carried out on an animal is a significant surgical procedure under this Act, the person must determine the question by considering the following criteria:
a: whether the procedure has the potential to—
i: cause significant pain or distress; or
ii: cause serious or lasting harm, or loss of function, if not carried out by a veterinarian in accordance with recognised professional standards; and
b: the nature of the procedure, including whether this involves—
i: a surgical or operative procedure below the surface of the skin, mucous membranes, or teeth or below the gingival margin; or
ii: physical interference with sensitive soft tissue or bone structure; or
iii: significant loss of tissue or loss of significant tissue. Section 16 replaced 9 May 2021 section 14 Animal Welfare Amendment Act (No 2) 2015
17: Performance of restricted surgical procedures
Section 17 repealed 9 May 2021 section 15 Animal Welfare Amendment Act (No 2) 2015
18: Performance of controlled surgical procedures
Section 18 repealed 9 May 2021 section 15 Animal Welfare Amendment Act (No 2) 2015
19: Veterinary approval
Section 19 repealed 9 May 2021 section 15 Animal Welfare Amendment Act (No 2) 2015
20: Revocation and surrender of certificate of veterinary approval
Section 20 repealed 9 May 2021 section 15 Animal Welfare Amendment Act (No 2) 2015 Surgical procedure offences
21: Surgical procedure offences
A person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with—
a: section 15(1) or (2)
b: section 15(4) 1960 No 30 s 3(ma); 1971 No 48 s 3(3)﻿(s) Section 21 replaced 9 May 2021 section 16 Animal Welfare Amendment Act (No 2) 2015 Transport of animals
22: Transport of animals
1: Every person in charge of a vehicle or an aircraft, and the master of or, if there is no master, the person in charge of, a ship, being a vehicle, aircraft, or ship in or on which an animal is being transported, must ensure—
a: that the welfare of the animal is properly attended to; and
b: that, in particular, the animal—
i: is provided with reasonably comfortable and secure accommodation; and
ii: is supplied with proper and sufficient food and water.
2: A person commits an offence who fails, without reasonable excuse, to comply with any provision of subsection (1). 1960 No 30 s 7(1), (3); 1993 No 19 s 3(1)
23: Other offences in relation to transport of animals, etc
1: A person commits an offence who, without reasonable excuse, confines or transports an animal in a manner or position that causes the animal unreasonable or unnecessary pain or distress.
2: A person commits an offence who, being the owner of, or the person in charge of, an animal, permits that animal, without reasonable excuse,—
a: to be driven or led on a road; or
b: to be ridden; or
c: to be transported in or on a vehicle, an aircraft, or a ship,— while the condition or health of that animal is such as to render it unfit to be so driven, led, ridden, or transported. 1960 No 30 s 3(f), (o); 1983 No 141 s 3(3) Defence and rebuttable evidence Heading amended 19 December 2002 section 5(1) Animal Welfare Amendment Act 2002
24: Defence
and rebuttable evidence
1: In a prosecution for an offence against section 21(b) section 22(2) section 23
2: It is a defence in any prosecution for an offence against section 21(b) section 22(2) section 23(1)
a: that there was in existence at the time of the alleged offence a relevant code of welfare; and
b: that the minimum standards established by the code of welfare were in all respects equalled or exceeded. 1960 No 30 s 19A(7)﻿(a); 1983 No 141 s 6 Section 24 heading amended 19 December 2002 section 5(2) Animal Welfare Amendment Act 2002 Section 24(1) inserted 19 December 2002 section 5(3) Animal Welfare Amendment Act 2002 Section 24(1) amended 9 May 2021 section 17 Animal Welfare Amendment Act (No 2) 2015 Section 24(2) amended 9 May 2021 section 17 Animal Welfare Amendment Act (No 2) 2015 Penalties
25: Penalties
A person who commits an offence against section 12 section 14(1) section 21 section 22(2) section 23(1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 $50,000
b: in the case of a body corporate to a fine not exceeding $250,000 1960 No 30 s 3; 1993 No 19 s 3(1) Section 25 amended 9 May 2021 section 18 Animal Welfare Amendment Act (No 2) 2015 Section 25 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 25(a) amended 7 July 2010 section 4(1)﻿(a) Animal Welfare Amendment Act 2010 Section 25(a) amended 7 July 2010 section 4(1)﻿(b) Animal Welfare Amendment Act 2010 Section 25(b) amended 7 July 2010 section 4(2) Animal Welfare Amendment Act 2010 Safari parks
26: Safari parks
Subject to section 8
2: Conduct towards animals
27: Purpose
The purpose of this Part is to state conduct that is or is not permissible in relation to a species of animal or animals used for certain purposes—
a: by prohibiting certain types of conduct; and
b: by controlling the use and sale of traps and devices used to kill, manage, entrap, capture, entangle, restrain, or immobilise an animal. Ill-treatment of animals
28: Wilful ill-treatment of animals
1: A person commits an offence if that person wilfully ill-treats an animal with the result that—
a: the animal is permanently disabled; or
b: the animal dies; or
c: the pain or distress caused to the animal is so great that it is necessary to destroy the animal in order to end its suffering; or
d: the animal is seriously injured or impaired.
2: For the purposes of subsection (1)﻿(d) seriously injured or impaired
a: involves—
i: prolonged pain and suffering; or
ii: a substantial risk of death; or
iii: loss of a body part; or
iv: permanent or prolonged loss of a bodily function; and
b: requires treatment by or under the supervision of a veterinarian.
3: A person who commits an offence against this section is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000 or to both:
b: in the case of a body corporate, to a fine not exceeding $500,000. 1960 No 30 ss 2, 4; 1993 No 19 s 3(1) Section 28 substituted 7 July 2010 section 5 Animal Welfare Amendment Act 2010 Section 28(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
28A: Reckless ill-treatment of animals
1: A person commits an offence if that person recklessly ill-treats an animal with the result that—
a: the animal is permanently disabled; or
b: the animal dies; or
c: the pain or distress caused to the animal is so great that it is necessary to destroy the animal in order to end its suffering; or
d: the animal is seriously injured or impaired.
2: For the purposes of subsection (1)﻿(d) seriously injured or impaired
a: involves—
i: prolonged pain and suffering; or
ii: a substantial risk of death; or
iii: loss of a body part; or
iv: permanent or prolonged loss of a bodily function; and
b: requires treatment by or under the supervision of a veterinarian.
3: A person who commits an offence against this section is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000 or to both:
b: in the case of a body corporate, to a fine not exceeding $350,000. Section 28A inserted 7 July 2010 section 5 Animal Welfare Amendment Act 2010 Section 28A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
29: Further offences
A person commits an offence who—
a: ill-treats an animal; or
b:
c: keeps or uses a place for the purpose of causing an animal to fight, or for the purpose of baiting or otherwise ill-treating an animal, or manages or assists in the management of, any such place; or
d: is present, for the purpose of witnessing the fighting or baiting of an animal, at a place used or kept for the purpose; or
e: in any manner encourages, aids, or assists in the fighting or baiting of an animal; or
f:
g: releases an animal, being an animal that has been kept in captivity, in circumstances in which the animal is likely to suffer unreasonable or unnecessary pain or distress; or
h: counsels, procures, aids, or abets any other person to do an act or refrain from doing an act as a result of which an animal suffers unreasonable or unnecessary pain or distress. 1960 No 30 s 3(a), (c), (d), (e), (f), (u), (w) Section 29(b) repealed 9 May 2021 section 19 Animal Welfare Amendment Act (No 2) 2015 Section 29(f) repealed 9 May 2021 section 19 Animal Welfare Amendment Act (No 2) 2015
30: Strict liability
1: In a prosecution for an offence against section 29(a)
1A: In a prosecution for an offence against section 29(a)
2: Subject to subsection (3), it is a defence in any prosecution for an offence against section 29(a)
a: that, in relation to the animal to which the prosecution relates, the defendant took all reasonable steps not to commit a breach of section 29(a)
b: that the act or omission constituting the offence took place in circumstances of stress or emergency, and was necessary for the preservation, protection, or maintenance of human life; or
c: that there was in existence at the time of the alleged offence a relevant code of welfare and that the minimum standards established by the code of welfare were in all respects equalled or exceeded.
3: Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—
a: stating that the defendant intends to rely on subsection (2); and
b: specifying—
i: where the defendant intends to rely on subsection (2)﻿(a), the reasonable steps that the defendant will claim to have taken; and
ii: where the defendant intends to rely on subsection (2)﻿(b), the circumstances of stress or emergency, and the reasons why the act or omission was necessary for the preservation, protection, or maintenance of human life; or
iii: where the defendant intends to rely on subsection (2)﻿(c), the relevant code of welfare that was in existence at the time of the alleged offence, and the facts that show that the minimum standards established by that code of welfare were in all respects equalled or exceeded. Section 30(1A) inserted 19 December 2002 section 6 Animal Welfare Amendment Act 2002 Ill-treating, hunting, or killing wild animals or animals in wild state Heading inserted 10 May 2015 section 20 Animal Welfare Amendment Act (No 2) 2015
30A: Wilful or reckless ill-treatment of wild animals or animals in wild state
1: A person commits an offence if the person wilfully ill-treats a wild animal or an animal in a wild state.
2: A person commits an offence if the person recklessly ill-treats a wild animal or an animal in a wild state.
3: A defendant has a defence to a prosecution for an offence against subsection (1) or (2) if the defendant satisfies the court that the conduct alleged to constitute an offence is or is part of a generally accepted practice in New Zealand for the hunting or killing of wild animals of that type or animals in a wild state of that type.
4: In determining whether wilful or reckless ill-treatment of an animal has occurred, a court may treat an act or omission as lawful (and not subject to subsection (1) or (2)) if satisfied that—
a: the act or omission was done in the course of performing functions for the purposes of another Act; and
b: not to treat the act or omission as lawful would be contrary to the purpose and principles of that Act.
5: Nothing in subsection (1) or (2) applies to—
a: a wild animal in captivity (other than in captivity in a safari park); or
b: the accidental or inadvertent killing or harming of an animal; or
c: any act or omission necessary to protect a person's life or safety.
6: Nothing in subsection (1) or (2) affects section 179 181
7: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:
b: in the case of a body corporate, to a fine not exceeding $500,000.
8: A person who commits an offence against subsection (2) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000, or to both:
b: in the case of a body corporate, to a fine not exceeding $350,000. Section 30A inserted 10 May 2015 section 20 Animal Welfare Amendment Act (No 2) 2015
30B: Hunting or killing
1: Nothing in this Act makes it unlawful to hunt or kill—
a: any animal in a wild state; or
b: any wild animal or pest in accordance with the provisions of—
i: the Wildlife Act 1953
ii: the Wild Animal Control Act 1977
iii: the Conservation Act 1987
iv: the Biosecurity Act 1993
v: any other Act; or
c: any other wild animal or pest; or
d: any game animal in accordance with the provisions of the Game Animal Council Act 2013
e: any fish caught from a constructed pond.
2: Subsection (1) is subject to sections 30A 30C to 30E Part 6 1960 No 30 s 19(1)﻿(c), (2) Section 30B inserted 10 May 2015 section 20 Animal Welfare Amendment Act (No 2) 2015
30C: Hunting in safari parks
1: Nothing in this Act makes it unlawful to hunt a wild animal that is available for hunting in a safari park.
2: Subsection (1) is subject to subsection (3) and to sections 30A 30E Part 6
3: Despite subsection (1) and section 30B Section 30C inserted 10 May 2015 section 20 Animal Welfare Amendment Act (No 2) 2015
30D: Captured animals
1: If a person has in captivity an animal captured in a wild state (not being an animal that has been captured for the purpose of facilitating its imminent destruction), this Act applies in relation to that person as the person in charge of that animal.
2: If a person has in captivity an animal captured in a wild state (not being an animal caught by fishing) for the purpose of facilitating its imminent destruction, section 12(c)
3: Nothing in subsection (1) or (2) applies in relation to a wild animal that is hunted and captured in a safari park.
4: Nothing in section 30B Section 30D inserted 10 May 2015 section 20 Animal Welfare Amendment Act (No 2) 2015
30E: Certain provisions relating to traps and devices not excluded
Sections 30B 30C sections 34 36 Section 30E inserted 10 May 2015 section 20 Animal Welfare Amendment Act (No 2) 2015 Animal fighting ventures
31: Animal fighting ventures
1: A person commits an offence who—
a: knowingly owns, possesses, keeps, trains, or breeds an animal for the purposes of having that animal participate in an animal fighting venture; or
b: knowingly sells, buys, transports, or delivers to another person any animal for the purposes of having the animal participate in an animal fighting venture.
2: In this section, animal fighting venture
a: means any event that involves a fight between at least 2 animals and is conducted for the purposes of sport, wagering, or entertainment; but
b: does not include any activity the primary purpose of which involves the use of 1 or more animals in hunting or killing an animal in a wild state. Traps and devices
32: Power to declare traps or devices to be prohibited or restricted traps or devices
1: For the purposes of this Act, the Governor-General may from time to time, by Order in Council, made on the advice of the Minister tendered after consultation by that Minister with the National Animal Welfare Advisory Committee, declare any trap or device to be—
a: a prohibited trap or a prohibited device; or
b: a restricted trap or a restricted device.
2: Subsection (1) does not authorise the making of an order in respect of any trap or device used for fishing.
3: Subsection (2) does not derogate from the provisions of—
a: the Wildlife Act 1953
b: the Marine Mammals Protection Act 1978
c: the Fisheries Act 1996
4: Where the order declares any trap to be a restricted trap or any device to be a restricted device, the order may contain provisions regulating the sale or use of the trap or device.
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.
6: The Governor-General may, by Order in Council, made on the advice of the Minister tendered after consultation with the National Animal Welfare Advisory Committee, amend or revoke an Order in Council made under subsection (1).
7: The consultation required by section 184(1)
8: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 32(5) substituted 19 December 2002 section 7 Animal Welfare Amendment Act 2002 Section 32(5A) inserted 19 December 2002 section 7 Animal Welfare Amendment Act 2002 Section 32(8) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
33: Criteria
The Minister must, in deciding whether or not to recommend the making of an Order in Council under section 32(1)
a: the nature and purpose of the trap or device; and
b: whether any pain or distress that the trap or device is likely to cause would be unreasonable; and
c: whether the use of other instruments under this Act, or instruments under other Acts, are adequate to manage the effects of the trap or device on animal welfare; and
d: whether the trap or device conforms to any relevant New Zealand standard within the meaning of the Standards Act 1988
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
f: whether the trap or device could be modified, or the method of use controlled, to avoid unacceptable effects on animal welfare; and
g: the consultation conducted under section 32(1) section 184(1)
h: any other matter considered relevant by the Minister. Section 33(e) substituted 19 December 2002 section 8 Animal Welfare Amendment Act 2002
34: Restrictions on use of traps and devices to kill, manage, entrap, capture, entangle, restrain, or immobilise animals
A person commits an offence who, without reasonable excuse and for the purpose of killing, managing, entrapping, capturing, entangling, restraining, or immobilising an animal,—
a: uses a prohibited trap or a prohibited device; or
b: uses a restricted trap or a restricted device in contravention of any provision of an Order in Council made under section 32
35: Restrictions on sale of traps and devices
1: A person commits an offence who, without reasonable excuse, sells, attempts to sell, or offers or exposes for sale, a prohibited trap or a prohibited device.
2: A person commits an offence who, in selling a restricted trap or a restricted device, contravenes, without reasonable excuse, any provision of any Order in Council made under section 32 Inspection of traps
36: Obligations relating to traps
1: A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must—
a: manually inspect that trap, or cause a competent person to manually inspect that trap, within 12 hours after sunrise on each day the trap remains set, beginning on the day immediately after the day on which the trap is set; or
b: manually inspect that trap, or cause a competent person to manually inspect that trap, within 24 hours after the capture of an animal in the trap, but this paragraph applies only if—
i: the person monitors the trap with an electronic monitoring system (such as a system of capture sensors and a wireless communication network) that is maintained by the person and that is reliable; and
ii: the monitoring system operates in such a way that it promptly communicates the fact that an animal has been captured in the trap and enables the person to meet the person’s obligations under subsection (2) within that 24-hour period.
2: A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must—
a: remove, or cause to be removed, any live animal found in that trap; or
b: attend properly to the care of the animal or, without delay, kill the animal.
3: A person who, without reasonable excuse, fails to comply with subsection (1) commits an infringement offence.
4: A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000. Section 36 replaced 10 May 2015 section 21 Animal Welfare Amendment Act (No 2) 2015 Section 36(1) replaced 8 September 2018 section 4 Statutes Amendment Act 2018 Penalties
37: Penalties
A person who commits an offence against section 29 section 31(1) section 34 section 35(1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 $50,000
b: in the case of a body corporate, to a fine not exceeding $250,000 1960 No 30 s 3; 1993 No 19 s 3(1) Section 37 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 37(a) amended 7 July 2010 section 6(1)﻿(a) Animal Welfare Amendment Act 2010 Section 37(a) amended 7 July 2010 section 6(1)﻿(b) Animal Welfare Amendment Act 2010 Section 37(b) amended 7 July 2010 section 6(2) Animal Welfare Amendment Act 2010
3: Animal exports
38: Purpose
The purpose of this Part is to protect the welfare of animals being exported from New Zealand and to protect New Zealand's reputation as a responsible exporter of animals and products made from animals. Section 38 replaced 10 May 2015 section 22 Animal Welfare Amendment Act (No 2) 2015
39: Effect of this Part
The provisions of this Part do not limit the other provisions of this Act.
40: Animal export requires animal welfare export certificate
1: A person commits an offence who exports an animal from New Zealand to another country on a ship or aircraft other than under the authority, and in accordance with the conditions, of an animal welfare export certificate.
2: Nothing in subsection (1) applies if the exportation of the animal—
a: is exempted from the requirements of that subsection by a notice published under section 48(1)
b: is being effected under the authority of a permit, certificate, or other authorisation issued under the Conservation Act 1987 or any Act listed in Schedule 1
2A: However, the exception in subsection (2) does not apply to the exportation of cattle, deer, goats, or sheep by ship
3: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; or
b: in the case of a body corporate, to a fine not exceeding $125,000. Section 40 replaced 1 October 2022 section 5(1) Animal Welfare Amendment Act 2022 Section 40(2A) inserted 1 October 2022 section 5(2) Animal Welfare Amendment Act 2022 Section 40(2A) amended 30 April 2023 section 6 Animal Welfare Amendment Act 2022 Section 40(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
41: Animal welfare export certificate must not be issued for certain animals
1: A person must not apply for, and the Director-General must not issue, an animal welfare export certificate for the export of cattle, deer, goats, or sheep by ship.
2: Section 41 inserted 1 October 2022 section 7 Animal Welfare Amendment Act 2022 Section 41(2) repealed 30 April 2023 section 8 Animal Welfare Amendment Act 2022
41: Guidelines for issue of animal welfare export certificates
Section 41 repealed 25 August 2016 section 23 Animal Welfare Amendment Act (No 2) 2015
42: Application for animal welfare export certificate
1: Any person may apply to the Director-General for the issue of an animal welfare export certificate , unless restricted by section 41
2: The application must—
a: be made on a form provided by the Director-General for the purpose; and
b: contain, or be accompanied by, such information as the Director-General requires; and
c: be accompanied by the prescribed fee (if any); and
d: be made to the Director-General at least 20 working days before the date on which the applicant proposes that the animal leave New Zealand.
3: The Director-General may permit an application to be made other than in accordance with subsection (2)﻿(d) if he or she is satisfied that unforeseen or unusual circumstances prevented the application from being made in accordance with subsection (2)﻿(d).
4: Where an application made in accordance with subsection (2)﻿(d) or subsection (3) does not comply in any material respect with subsection (2)﻿(a) or subsection (2)﻿(b), the Director-General may request the applicant to make good the deficiencies in the application.
5: If the deficiencies are made good at least 20 working days before the date on which the applicant proposes that the animal leave New Zealand, the Director-General must proceed to deal with the application.
6: If the deficiencies are not made good at least 20 working days before the date on which the applicant proposes that the animal leave New Zealand, the Director-General may deal with the application only if he or she is satisfied that there is sufficient time to give proper consideration to the application before that date. Section 42(1) amended 1 October 2022 section 9 Animal Welfare Amendment Act 2022
43: Consideration of application
1: The Director-General must, in considering any application under section 42
a: the manner in which the welfare of any animals previously exported by the applicant was attended to on the journey between New Zealand and the country to which they were exported:
b: the capability, skills, and experience of the applicant in relation to the export of animals:
c: the species or type of animal and the number of animals proposed to be exported:
d: the ages, and the physiological state, of the animals proposed to be exported:
e: the mode of transport proposed and the facilities provided:
f: the length and nature of the journey proposed:
g: the susceptibility of the animal to harm and distress under the conditions of transport proposed:
h: any New Zealand requirements in relation to the export of the animal:
i: any requirements of the country into which the animal is being exported:
j: any relevant international standard:
k: the date on which it is intended that the animal leave New Zealand:
ka: any regulations made under section 183C
kb: New Zealand's reputation as a responsible exporter of animals and products made from animals:
l: any other matters that the Director-General considers relevant to the welfare of the animal.
2: The Director-General may, in considering any application under section 42
a: the post-arrival conditions for the management of the animals in the importing country:
b: the manner in which the welfare of any animals previously exported by the applicant was attended to during—
i: the 30-day period commencing on the date of their arrival in the importing country; or
ii: any lesser period after their arrival that the Director-General thinks fit. Section 43(1)﻿(ka) inserted 25 August 2016 section 24(1) Animal Welfare Amendment Act (No 2) 2015 Section 43(1)﻿(kb) inserted 25 August 2016 section 24(1) Animal Welfare Amendment Act (No 2) 2015 Section 43(2) inserted 25 August 2016 section 24(2) Animal Welfare Amendment Act (No 2) 2015
44: Decision on application
1: After considering an application under section 42
2: On the grant of any application under section 42 section 45 section 46
3: If the Director-General grants the application and, under section 45
4: If the Director-General grants the application and does not, under section 45
5: If the Director-General refuses to grant the application, the Director-General must forthwith give notice in writing to the applicant of the refusal and the reasons for it.
45: Conditions
1: The Director-General may, in granting an application for an animal welfare export certificate, impose, as conditions of that certificate, all or any of the following conditions:
a: a condition that the animal or the ship or aircraft be inspected before the animal is loaded or after the animal is loaded or both before and after the animal is loaded by a person authorised by the Director-General:
b: a condition that the animal receive specified preconditioning before travel:
c: a condition that a person authorised by the Director-General certify in writing that the animal is fit to travel:
d: a condition that an animal health certificate be issued by a person authorised by the Director-General:
e: a condition that the animal be loaded onto the ship or aircraft in a particular manner and in accordance with particular requirements:
f: a condition that the animal be accompanied on the ship or aircraft by a particular named person:
g: a condition that the animal be accompanied on the ship or aircraft by a person approved by the Director-General to undertake the work:
h: a condition that the animal be accompanied on the ship or aircraft by a person who has certain qualifications or skills:
i: a condition specifying the manner in which, and the extent to which food and water is to be provided to the animal while it is on the ship or aircraft:
j: a condition that the animal be provided on the ship or aircraft with facilities specified by the Director-General:
k: a condition specifying the manner in which the animal is to be managed on the journey:
l: any condition specified in any relevant international standard:
la: a condition requiring an exporter to provide a report on the way in which the animals were managed during their journey and to provide any specified information that the Director-General considers relevant:
lb: a condition requiring an exporter to provide a report on the welfare of the animals and to provide any specified information that the Director-General considers relevant, for—
i: the 30-day period commencing on the date of their arrival in the importing country; or
ii: any lesser period after their arrival that the Director-General thinks fit:
m: such other conditions as the Director-General considers appropriate for the welfare of the animal.
2: The Director-General may at any time before the departure of the animal amend or add to the conditions imposed under subsection (1).
3: The amendment or addition must be effected by giving written notice of the amendment or addition to the person to whom the animal welfare export certificate has been issued.
4: Except where the amendment or addition is necessary to meet the requirements of the country to which the animal is being exported, the Director-General may not, under subsection (2), amend the conditions or add to the conditions in such a way as to impose on the person to whom the animal welfare export certificate has been issued requirements that, at the time of the amendment or addition, that person cannot reasonably be expected to meet before the date of the departure of the animal. Section 45(1)﻿(la) inserted 25 August 2016 section 25 Animal Welfare Amendment Act (No 2) 2015 Section 45(1)﻿(lb) inserted 25 August 2016 section 25 Animal Welfare Amendment Act (No 2) 2015
46: Issue of animal welfare export certificate
1: Subject to satisfactory compliance with, or satisfactory arrangements made for compliance with, all conditions (if any) imposed under section 45
2: The failure to comply with any relevant regulations made under this Act is a sufficient ground on which the Director-General may—
a: refuse to issue a certificate; or
b: revoke or amend any certificate that has already been issued. Section 45(2) inserted 25 August 2016 section 26 Animal Welfare Amendment Act (No 2) 2015
47: Multiple consignment animal welfare export certificates
1: A person may apply for, and the Director-General may issue, a multiple consignment animal welfare export certificate that will enable the person to export animals over a period of time without having to obtain an animal welfare export certificate in respect of each consignment.
2: Where an application is made for a multiple consignment animal welfare export certificate, the Director-General must consider, in addition to the matters specified in section 43 section 45
3: Subsections (2) to (4) of section 45
48: Exemptions
1: The Director-General may from time to time, by notice
a: exempt certain species or types of animals from the requirements of section 40(1)
b: specify the circumstances in which any animals are to be exempted from the requirements of section 40(1)
c: exercise both his or her power under paragraph (a) and his or her power under paragraph (b),— if he or she is satisfied that the risk to the welfare of the animals is minimal.
1A: However, the Director-General must not exempt the export of cattle, deer, goats, or sheep by ship
2: A notice under subsection (1) may—
a: restrict the exemption to particular modes of transport or to particular destinations; and
b: impose conditions that must be complied with.
3: The Director-General must, in considering whether to publish a notice under subsection (1), have regard to the following matters:
a: whether export authorisation is required under any other Act that has animal welfare requirements:
b: the susceptibility of the species or type of animals to harm or distress:
c: any other matter that is relevant to the welfare of animals.
4: Any notice under subsection (1) may be at any time amended or revoked by the Director-General by a subsequent notice
5: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 48(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(1A) inserted 1 October 2022 section 10 Animal Welfare Amendment Act 2022 Section 48(1A) amended 30 April 2023 section 11 Animal Welfare Amendment Act 2022 Section 48(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
49: Delegation of functions or powers of Director-General
1: The Director-General may from time to time, by writing under his or her hand, either generally or particularly, delegate to a person who is not an employee of the Ministry any of the functions and powers of the Director-General under this Part, but not including the power to delegate under this section.
2: Subject to any general or special directions given or conditions imposed by the Director-General, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
3: The power of the Director-General to delegate under this section does not limit any power of delegation conferred on the Director-General by any other Act or prevent the Director-General delegating to any other person, under that power, any of the functions and powers of the Director-General under this Part.
4: Every person purporting to act pursuant to any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
5: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
6: No such delegation affects or prevents the exercise of any function or power by the Director-General, nor does any such delegation affect the responsibility of the Director-General for the actions of any person acting under the delegation.
50: Revocation of delegations
1: Every delegation under section 49
2: Any such delegation, until it is revoked, continues in force according to its tenor, even though the Director-General by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that Director-General.
51: Review of decisions
1: Where a decision under any provision of sections 42 to 48
2: Where a decision under any of the provisions of sections 42 to 48
52: Animals being exported in accordance with conservation legislation
Despite anything in the Conservation Act 1987 or in any Act listed in Schedule 1
a: any relevant international standards relating to animal welfare:
b: the need to ensure that the animal is provided with reasonably comfortable and secure accommodation:
c: the need to ensure the supply of proper and sufficient food and water to the animal:
d: the need to minimise the risk of injury or adverse effects on the welfare of the animal.
53: Enforcement
1: Where any animal that is to be exported from New Zealand to another country is being prepared for loading on to a ship or aircraft or is loaded on to a ship or aircraft other than under the authority, and in accordance with the terms, of an animal welfare export certificate, an inspector or other person authorised by the Director-General may—
a: seize the animals and convey them to another place:
b: take any other steps that the inspector or authorised person considers necessary or desirable to prevent or mitigate any suffering of the animal:
c: direct the owner or person in charge of the animal to take steps to prevent or mitigate any suffering of the animal.
2: The inspector or authorised person may keep the animal at a place chosen by the inspector or authorised person until—
a: the animal is, under section 172
b: a District Court Judge orders that the animal be delivered to the owner of the animal or to the person charged with the offence against this Act.
54: Offence
1: A person commits an offence who, without reasonable excuse, section 53(1)﻿(c)
2: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000. Section 54(1) amended 10 May 2015 section 27 Animal Welfare Amendment Act (No 2) 2015 Section 54(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Advisory committees
55: Purpose
1: The purpose of this Part is to establish a National Animal Welfare Advisory Committee and a National Animal Ethics Advisory Committee.
2: The National Animal Welfare Advisory Committee will, among other things,—
a: advise the Minister on issues relating to the welfare of animals; and
b: develop, and advise the Minister on, codes of welfare ; and
c: recommend to the Minister that regulations be made under section 183A
3: The National Animal Ethics Advisory Committee will, among other things,—
a: advise the Minister and the Director-General on—
i: ethical issues and animal welfare issues arising from research, testing, and teaching; and
ii: codes of ethical conduct; and
b: recommend, for approval by the Director-General under section 109 Section 55(2)﻿(b) amended 10 May 2015 section 28(1) Animal Welfare Amendment Act (No 2) 2015 Section 55(2)﻿(c) inserted 10 May 2015 section 28(2) Animal Welfare Amendment Act (No 2) 2015 National Animal Welfare Advisory Committee
56: National Animal Welfare Advisory Committee
This section establishes a committee to be called the National Animal Welfare Advisory Committee.
57: Functions
The functions of the National Animal Welfare Advisory Committee are—
a: to advise the Minister on any matter relating to the welfare of animals in New Zealand, including (without limitation)—
i: areas where research into the welfare of animals is required; and
ii: legislative proposals concerning the welfare of animals:
b: to make recommendations to the Minister—
i: under section 3(3)
ii: relating to the making of regulations under section 183B
c: to discharge its functions under section 32
d: to discharge its functions under section 32
e: to make recommendations to the Minister concerning the issue, amendment, suspension, revocation, and review of codes of welfare:
f: to develop and promote, and
i: the use of traps or devices or both:
ii: the hunting or killing of animals in a wild state. Section 57(b) replaced 9 May 2021 section 29(1) Animal Welfare Amendment Act (No 2) 2015 Section 57(f) amended 10 May 2015 section 29(2) Animal Welfare Amendment Act (No 2) 2015
58: Membership
1: The National Animal Welfare Advisory Committee consists of not more than 11 members.
2: Those members comprise—
a: a chairperson appointed by the Minister; and
b: such other members (not exceeding 9) as are appointed by the Minister in accordance with subsection (3); and
c: the chairperson of the National Animal Ethics Advisory Committee.
3: The Minister must, in making appointments under subsection (2)﻿(b), have regard to the need for the Committee to possess knowledge and experience in the following areas:
a: veterinary science:
b: agricultural science:
c: animal science:
d: the commercial use of animals:
e: the care, breeding, and management of companion animals:
f: ethical standards and conduct in respect of animals:
g: animal welfare advocacy:
h: the public interest in respect of animals:
i: environmental and conservation management:
j: any other area the Minister considers relevant.
59: Term of office
1: Every appointed member of the National Animal Welfare Advisory Committee—
a: must be appointed by the Minister by notice published in the Gazette
b: subject to clause 2
c: takes office from the date of the publication of the notice of appointment in the Gazette
d: is eligible for reappointment from time to time.
2: Despite subsection (1)﻿(b), every appointed member of the National Animal Welfare Advisory Committee, unless sooner vacating office under clause 2
60: Annual report
The National Animal Welfare Advisory Committee must, as soon as practicable after the end of each year ending with 31 December, furnish to the Minister a report of its operations during that year.
61: Further provisions applying to National Animal Welfare Advisory Committee
The provisions set out in Schedule 1 National Animal Ethics Advisory Committee
62: National Animal Ethics Advisory Committee
This section establishes a committee to be called the National Animal Ethics Advisory Committee. 1960 No 30 s 19A(5); 1983 No 141 s 6
63: Functions
The functions of the National Animal Ethics Advisory Committee are—
a: to advise the Minister on ethical issues and animal welfare issues arising from research, testing, and teaching:
b: to make recommendations to the Minister under section 3(3)
c: to make recommendations to the Director-General under section 85
d: to provide advice and information on the development and review of codes of ethical conduct:
e: to make recommendations to the Director-General concerning the approval, amendment, suspension, or revocation of any code of ethical conduct:
f: to make recommendations to the Minister concerning the setting of standards and policies for codes of ethical conduct:
g: to provide information and advice to animal ethics committees:
h: to recommend, for approval by the Director-General under section 109
i: to consider the reports of independent reviews of code holders and animal ethics committees:
j: to make recommendations to the Minister under section 118(3)
64: Membership
1: The National Animal Ethics Advisory Committee consists of not more than 10 members.
2: Those members comprise—
a: a chairperson appointed by the Minister; and
b: such other members (not exceeding 9) as are appointed by the Minister in accordance with subsection (3).
3: The Minister must, in making appointments under subsection (2)﻿(b), have regard to—
a: the public interest in relation to the manipulation of animals in research, testing, and teaching; and
b: the need for the Committee to possess knowledge and experience in the following areas:
i: veterinary science:
ii: medical science:
iii: biological science:
iv: the commercial use of animals in research and testing:
v: ethical standards and conduct in respect of animals:
vi: education issues, including the use of animals in schools:
vii: the manipulation of animals in research, testing, and teaching:
viii: environmental and conservation management:
ix: animal welfare advocacy:
x: any other area the Minister considers relevant; and
c: the need for a balance between those members who are currently involved in research, testing, and teaching and those members who are not so involved.
65: Term of office
1: The chairperson and every other member of the National Animal Ethics Advisory Committee—
a: must be appointed by the Minister by notice published in the Gazette
b: subject to clause 2
c: takes office from the date of the publication of the notice of appointment in the Gazette
d: is eligible for reappointment from time to time.
2: Despite subsection (1)﻿(b), the chairperson and every other member of the National Animal Ethics Advisory Committee, unless sooner vacating office under clause 2 1994 No 107 ss 47, 48
66: Annual report
The National Animal Ethics Advisory Committee must, as soon as practicable after the end of each year ending with 31 December, furnish to the Minister a report of its operations during that year.
67: Further provisions applying to National Animal Ethics Advisory Committee
The provisions set out in Schedule 1
5: Codes of welfare
68: Purpose
The purpose of this Part is to establish procedures for the development, issue, amendment, review, and revocation of codes of welfare that—
a: relate to animals that are owned by any person or are in the charge of any person; and
b: establish minimum standards with regard to the way in which persons care for such animals and conduct themselves towards such animals; and
c: include recommendations on the best practice to be observed by persons in caring for such animals and in conducting themselves towards such animals.
69: Contents
A code of welfare may relate to 1 or more of the following:
a: a species of animal:
b: animals used for purposes specified in the code:
c: animal establishments of a kind specified in the code:
d: types of entertainment specified in the code (being types of entertainment in which animals are used):
e: the transport of animals:
f: the procedures and equipment used in the management, care, or killing of animals or in the carrying out of surgical procedures on animals.
70: Preparation of draft code
1: The Minister, the National Animal Welfare Advisory Committee, or any other person may prepare a draft code of welfare.
2: Where any person other than the National Animal Welfare Advisory Committee prepares a draft code of welfare, that person must forward the draft code to the National Animal Welfare Advisory Committee.
71: Public notification
1: The National Animal Welfare Advisory Committee must publicly notify a draft code of welfare if the Committee is satisfied that—
a: the draft should proceed; and
b: the draft complies with the purposes of this Act; and
c: the draft is so clearly written as to be readily understood; and
d: the draft indicates any matters that the Committee considers should be dealt with by regulations under this Act; and
e: representatives of the persons likely to be affected by the draft have been consulted about it; and
f: the Minister has approved the notification of the draft.
2: If the Committee decides not to proceed with a draft code prepared by any person other than the Committee, it must—
a: give the person its reasons in writing for not proceeding; and
b: notify the Minister of its decision.
3: The National Animal Welfare Advisory Committee must publicly notify the draft code of welfare—
a: by publishing, in 1 or more daily newspapers circulating in the cities of Auckland, Wellington, Christchurch, and Dunedin, a notice complying with subsection (4); and
b: by giving such further notice (if any) as the National Animal Welfare Advisory Committee considers appropriate, having regard to the persons likely to have an interest in the draft code.
4: Every notice published or given under subsection (3) must—
a: contain a description of the draft code of welfare; and
b: state that submissions on the draft code of welfare may be made in writing by any person; and
c: state that every submission on the draft code of welfare should specify—
i: those aspects that the submission supports; and
ii: those aspects that the submission opposes; and
iii: the reasons for supporting the aspects supported and the reasons for opposing the aspects opposed; and
iv: any alternatives to provisions of the draft code that the person wishes to recommend; and
d: a list of the places where the draft code may be obtained or inspected; and
e: the closing date for the receipt by the National Animal Welfare Advisory Committee of submissions on the draft code, being a date no earlier than 30 working days after the date on which the notice is first published in a daily newspaper in accordance with subsection (3)﻿(a); and
f: the address of the place to which submissions on the draft code may be delivered or sent. Section 71(1) replaced 10 May 2015 section 30 Animal Welfare Amendment Act (No 2) 2015 Section 71(2) replaced 10 May 2015 section 30 Animal Welfare Amendment Act (No 2) 2015
72: Consultation
1: The National Animal Welfare Advisory Committee may consult with those persons who, in response to a notice published or given under section 71(3)
2: Subsection (1) does not prevent the National Animal Welfare Advisory Committee from adopting additional means of consulting with any person in relation to an intention to make a recommendation to the Minister to issue a code of welfare.
73: Matters to be considered
1: The National Animal Welfare Advisory Committee must, in considering the content of a draft code of welfare, and before deciding whether to recommend to the Minister the issue of that code,—
a: be satisfied that the proposed standards are the minimum necessary to ensure that the purposes of this Act will be met; and
b: be satisfied that the recommendations for best practice (if any) are appropriate.
2: In carrying out its functions under subsection (1), the National Animal Welfare Advisory Committee must have regard to—
a: the submissions made under section 71
b: good practice and scientific knowledge in relation to the management of the animals to which the code relates; and
c: available technology; and
d: any other matters considered relevant by the National Animal Welfare Advisory Committee.
3: In carrying out its functions under subsection (1), the National Animal Welfare Advisory Committee may take into account practicality and economic impact, if relevant.
4: The National Animal Welfare Advisory Committee may recommend to the Minister that regulations be made under section 183A(1)﻿(a) Parts 1 2
5: The National Animal Welfare Advisory Committee may recommend to the Minister the making of regulations under section 183A(2)
6: Before making a recommendation under subsection (5), the National Animal Welfare Advisory Committee must consider the relevant provisions of section 183A Section 73(3) replaced 10 May 2015 section 31 Animal Welfare Amendment Act (No 2) 2015 Section 73(4) replaced 10 May 2015 section 31 Animal Welfare Amendment Act (No 2) 2015 Section 73(5) inserted 10 May 2015 section 31 Animal Welfare Amendment Act (No 2) 2015 Section 73(6) inserted 10 May 2015 section 31 Animal Welfare Amendment Act (No 2) 2015
74: Recommendation to Minister
1: The National Animal Welfare Advisory Committee must, as soon as reasonably practicable after the closing date for the receipt of submissions in relation to a draft code of welfare, decide whether or not to recommend to the Minister the issue of the code.
2: The Committee's recommendations must be accompanied by a report setting out—
a: the reasons for the Committee's recommendation; and
b: the nature of any significant differences of opinion about the code, or any provision of it, that have been shown by the submissions; and
c: the nature of any significant differences of opinion about the code, or any provision of it, that have occurred within the Committee ; and
d: if applicable, those matters contained in, or related to, the code that the Committee considers should be dealt with by regulations under this Act.
3: The National Animal Welfare Advisory Committee must send to the person who prepared the draft code a copy of its decision and a copy of the report made under subsection (2). Section 74(2)﻿(c) amended 10 May 2015 section 32(1) Animal Welfare Amendment Act (No 2) 2015 Section 74(2)﻿(d) inserted 10 May 2015 section 32(2) Animal Welfare Amendment Act (No 2) 2015
75: Issue of code
1: The Minister may, after considering the recommendation made to the Minister by the National Animal Welfare Advisory Committee under section 74 section 73
a: to issue the code of welfare
b: to refer the code of welfare back to the National Animal Welfare Advisory Committee with a request that the Committee reconsider 1 or more of the aspects of the code of welfare; or
c: to decline to issue the code of welfare.
2: Where the Minister refers the code of welfare back to the National Animal Welfare Advisory Committee under subsection (1)﻿(b), the Committee must, after reconsidering the aspects referred to by the Minister in the Minister's request,—
a: make a further report to the Minister setting out its recommendations with regard to those aspects of the code and its reasons for its recommendations; and
b: supply to the person who prepared the draft code a copy of the report made under paragraph (a).
3: Subsection (1) applies, with all necessary modifications, to the recommendations received by the Minister under subsection (2).
4: Where the Minister decides, under subsection (1)﻿(c) to decline to issue the code of welfare, the Minister must give to the National Animal Welfare Advisory Committee and to the person who prepared the code of welfare, the Minister's reasons for declining to issue the code of welfare.
5: A code of welfare under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 75(1)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 75(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
76: Amendment or revocation of code of welfare
1: The Minister may from time to time, by notice
a: revoke a code of welfare or any part of a code of welfare
b: make amendments of a minor nature to a code of welfare (being minor amendments that would not materially affect the purposes of the code).
1A: A notice under this section is secondary legislation ( see Part 3
2: The Minister must, before publishing a notice under the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 76(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76(1)﻿(a) amended 10 May 2015 section 33 Animal Welfare Amendment Act (No 2) 2015 Section 76(1A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
77: Availability of codes of welfare
Section 77 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
78: Review of code of welfare
1: The National Animal Welfare Advisory Committee may at any time review the whole or any part of any code of welfare for the time being in force.
2: The National Animal Welfare Advisory Committee must review a code of welfare if required to do so by the Minister by notice in writing.
3: Sections 71 to 75 or part of the code
4:
5: Section 78(1) replaced 10 May 2015 section 34(1) Animal Welfare Amendment Act (No 2) 2015 Section 78(3) amended 10 May 2015 section 34(2) Animal Welfare Amendment Act (No 2) 2015 Section 78(4) repealed 10 May 2015 section 34(3) Animal Welfare Amendment Act (No 2) 2015 Section 78(5) repealed 10 May 2015 section 34(3) Animal Welfare Amendment Act (No 2) 2015
78A: Review date may be extended
Section 78A repealed 10 May 2015 section 35(1) Animal Welfare Amendment Act (No 2) 2015
79: Codes of welfare treated as legislative instruments for purposes of disallowance
Section 79 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
6: Use of animals in research, testing, and teaching
80: Purposes
1: The principal purpose of this Part is to ensure that the use of animals in research, testing, and teaching is confined to cases in which there is good reason to believe—
a: that the findings of the research or testing or the results of the teaching will enhance—
i: the understanding of human beings, animals, or ecosystems; or
ii: the maintenance or protection of human or animal health or welfare; or
iii: the management, protection, or control of ecosystems, plants, animals, or native fauna; or
iv: the production and productivity of animals; or
v: the achievement of educational objectives; and
b: that the benefits derived from the use of animals in research, testing, and teaching (whether the direct benefits of a project or the likely benefits of that project when combined with the findings of other related projects that have been undertaken in the past or that are currently being undertaken or are planned for the future) are not outweighed by the likely harm to the animals; and
c: that, where the research, testing, or teaching involves the use of a non-human hominid, that research, testing, or teaching may be carried out only where either—
i: it is in the best interests of the non-human hominid; or
ii: it is in the interest of the species to which the non-human hominid belongs and the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching (being benefits of the kind described in paragraph (b)) are not outweighed by the likely harm to the non-human hominid.
2: The other purposes of this Part are—
a: to ensure that,—
i: in relation to animals used in research, testing, and teaching, all reasonable steps are taken to ensure that the physical, health, and behavioural needs of those animals are met in accordance with both good practice and scientific knowledge; and
ii: where animals used in research, testing, and teaching are ill or injured, they receive, where practicable, treatment that alleviates any unreasonable or unnecessary pain or distress:
iii: where, because of the nature of the research, testing, or teaching, the needs referred to in subparagraph (i) cannot be fully met or the treatment referred to in subparagraph (ii) cannot be provided, any degree of pain or distress is reduced to the minimum possible in the circumstances:
b: to promote efforts—
i: to reduce the number of animals used in research, testing, and teaching to the minimum necessary:
ii: to refine techniques used in any research, testing, and teaching so that the harm caused to the animals is minimised and the benefits are maximised:
iii: to replace animals as subjects for research, and testing by substituting, where appropriate, non-sentient or non-living alternatives:
iv: to replace the use of animals in teaching by substituting for animals, where appropriate, non-sentient or non-living alternatives or by imparting the information in another way.
81: Effect of this Part
1: Nothing in Parts 1 2
2: The limitation imposed by subsection (1) on the application of Parts 1 2
3: To avoid doubt, nothing in this Part applies in relation to the use of animals for any purpose that does not involve research, testing, or teaching. Section 81(3) inserted 10 May 2015 section 36 Animal Welfare Amendment Act (No 2) 2015 Restrictions
82: Restrictions on research, testing, and teaching involving use of animals
1: No person may carry out research, testing, or teaching involving the use of animals unless—
a: that person holds a code of ethical conduct approved under this Part; or
b: that person is authorised or required by a contract of employment, or any other type of contract, entered into with a person of the kind described in paragraph (a) to carry out the research, testing, or teaching.
2: A person commits an offence who contravenes subsection (1). 1960 No 30 ss 19A(1), 19B; 1983 No 141 s 6; 1987 No 20 s 3(2)
83: Restrictions on carrying out of projects
1: Notwithstanding section 82
2: A person commits an offence who contravenes subsection (1). 1960 No 30 s 19B; 1983 No 141 s 6
84: Power to carry out certain projects
1: A person may carry out research, testing, or teaching without obtaining, under section 91
a: each project carried out by that person is approved by an animal ethics committee established by a person who is a code holder; and
b: the policies and procedures relating to the arrangements in relation to the research, testing, or teaching are set out in the code holder's code of ethical conduct; and
c: the arrangements in relation to the research, testing, or teaching are agreed on by that person, the code holder, and the animal ethics committee; and
d: the code holder, before the research, testing, or teaching is commenced, gives to the Director-General written notice of the arrangements for the research, testing, or teaching.
2: This section has effect despite anything in sections 82 83
84A: Prohibition on use of animals in research, testing, and teaching for making cosmetic
1: A person must not use an animal in any research, testing, or teaching that is for the purpose of—
a: developing, making, or testing a cosmetic; or
b: developing, making, or testing an ingredient that is intended exclusively for use in a cosmetic.
2: Subsection (1)﻿(b) does not apply to research, testing, or teaching in relation to an ingredient that is carried out for a purpose unrelated to the intended use of the ingredient in a cosmetic.
3: A person commits an offence who contravenes subsection (1).
4: In a prosecution for an offence against this section, it is not necessary for the prosecution to prove that the defendant intended to commit the offence. Section 84A inserted 10 May 2015 section 37 Animal Welfare Amendment Act (No 2) 2015
85: Restrictions on use of non-human hominids
1: No person may carry out any research, testing, or teaching involving the use of a non-human hominid unless such use has first been approved by the Director-General and the research, testing, or teaching is carried out in accordance with any conditions imposed by the Director-General.
2: The Director-General may, in giving approval under subsection (1), impose, as conditions of that approval, such conditions as the Director-General thinks fit.
3: The Director-General may from time to time, by notice in writing to any person holding an approval under subsection (1),—
a: revoke any condition of that approval:
b: revoke any condition of that approval, and impose another condition in its place:
c: amend any condition of that approval.
4: The Director-General must consult with the National Animal Ethics Advisory Committee before exercising the powers conferred by subsection (1) or subsection (2) or subsection (3).
5: The Director-General must not give approval under subsection (1) unless he or she is satisfied—
a: that the use of the non-human hominid in the research, testing, or teaching is in the best interests of the non-human hominid; or
b: that the use of the non-human hominid in the research, testing, or teaching is in the interests of the species to which the non-human hominid belongs and that the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching are not outweighed by the likely harm to the non-human hominid.
6: The Director-General must monitor the carrying out of any research, testing, or teaching to which an approval given under subsection (1) relates.
7: A person commits an offence who contravenes subsection (1).
8: Nothing in sections 82 to 84
86: Revocation of approval
1: The Director-General may at any time, by notice in writing to the person to whom an approval under section 85(1)
a: where the approval was given in accordance with section 85(5)﻿(a)
b: where the approval was given in accordance with section 85(5)﻿(b)
c: where the approval was given in accordance with section 85(5)﻿(b) section 80(1)﻿(b)
d: that any condition of the approval is not being complied with; or
e: that the person to whom the approval was granted—
i: is no longer carrying out research, testing, or teaching; or
ii: has been convicted of an offence against any Act specified in section 96(2)﻿(b)
iii: no longer has the capability and skills to carry out research, testing, or teaching; or
iv: has failed to comply in a material respect with this Act or any regulations made under this Act or any code of ethical conduct; or
v: has provided in that person's application for the approval information that was false in a material respect.
2: The Director-General must, before revoking the approval, give the person to whom the approval was given, an opportunity to be heard. Codes of ethical conduct
87: Codes of ethical conduct
1: Any person referred to in subsection (2) may apply to the Director-General for approval of a code of ethical conduct in relation to the use of animals.
2: The persons are—
a: any person who—
i: is engaged in, or wishes to be engaged in, research, testing, or teaching; and
ii: wishes to use animals in that research, testing, or teaching:
b: any person who—
i: is not directly engaged in research, testing, or teaching; but
ii: wishes to enable a teaching organisation to use animals in research, testing, or teaching. Section 87 replaced 10 May 2015 section 38 Animal Welfare Amendment Act (No 2) 2015
88: Contents of code of ethical conduct
1: Each code of ethical conduct must contain provisions that set out, in relation to the carrying out of the research, testing, or teaching to which the code relates, the policies to be adopted and the procedures to be followed,—
a: by the code holder; and
b: by an animal ethics committee appointed by the code holder.
2: The policies and procedures must—
a: enable the animal ethics committee to carry out its functions effectively; and
b: enable persons who are members of the animal ethics committee but who are not employed by the code holder to have an effective input into the working of the committee; and
c: make provision for adequate monitoring of compliance with the conditions of project approvals to be carried out; and
d: make provision for the code holder to collect the information and to maintain the records required by regulations made under this Act; and
e: specify animal management practices and facilities that are such as to enable the purposes of this Part to be met adequately; and
f: be such as to ensure that where any member of the animal ethics committee makes a complaint, that complaint may be dealt with fairly and promptly by the animal ethics committee or the code holder; and
g: include, if necessary, the policies and procedures referred to in section 84(1)﻿(b)
3: The provisions of each code of ethical conduct must—
a: be consistent with this Act and with any standards or policies prescribed by regulations made under this Act; and
b: be such as to enable any requirements specified in regulations made under this Act to be met. 1960 No 30 s 19A(2); 1983 No 141 s 6; 1987 No 20 s 3(2)
89: Application for approval
1: Every application under section 87
a: information on the general nature and extent of the research, testing, or teaching to which the application relates
b: a statement of the period in respect of which the approval is sought; and
c: particulars of any convictions against—
i: this Act; or
ii: the Animals Protection Act 1960; or
iii: the Agricultural Compounds and Veterinary Medicines Act 1997
iv: the Biosecurity Act 1993
v: the Companies Act 1993
vi: the Crimes Act 1961
vii: the Dog Control Act 1996
viii: the Serious Fraud Office Act 1990
ix: the Trade in Endangered Species Act 1989
x: the Veterinarians Act 2005
xi: any Act that was replaced by any of the Acts specified in subparagraphs (ii) to (x); or
xii: any Act passed in substitution for any of the Acts specified in subparagraphs (iii) to (x).
2: Every application under section 87
a: the proposed code of ethical conduct to which the application relates; and
b: evidence, in the form of independent references and appropriate academic qualifications, that the applicant, or the persons employed or engaged to do the work, have the capability, skills, and experience to carry out the type of research, testing, or teaching to which the application relates; and
c: where the application relates to a second or subsequent period of research, testing, or teaching, a report—
i: made by an accredited reviewer; and
ii: showing that the work carried out during the previous period of research, testing, or teaching was satisfactory in terms of section 106(1)
3: The Director-General must refer to the National Animal Ethics Advisory Committee for its comments every application made under section 87
4: Where a person, who is deemed, by section 192(b)﻿(ii) section 105(3) section 87 Section 89(1)﻿(a) amended 10 May 2015 section 39 Animal Welfare Amendment Act (No 2) 2015 Section 89(1)﻿(c)﻿(x) amended 22 December 2005 section 105 Veterinarians Act 2005
90: Changes to proposed code
The Director-General may, before deciding whether to approve, or to refuse to approve, a proposed code of ethical conduct, change the contents of the code if the National Animal Ethics Advisory Committee so recommends after consultation with the applicant. 1960 No 30 s 19A(5); 1983 No 141 s 6
91: Approval of code of ethical conduct
1: The Director-General must, in considering any application under section 87
a: the contents of the proposed code of ethical conduct; and
b: the evidence and other information and particulars supplied to the Director-General in accordance with section 89(1)
c: the consultation conducted under section 89(3)
2: On approving the proposed code of ethical conduct, the Director-General may impose such conditions as he or she considers appropriate.
3: Where the Director-General approves a proposed code of ethical conduct, the Director-General must publish a notice of the approval in the Gazette
4: Where the Director-General refuses to approve a proposed code of ethical conduct, the Director-General must give the applicant written notice of—
a: the refusal; and
b: the reasons for the refusal. 1960 No 30 s 19A(6); 1983 No 141 s 6
92: Time limits
1: Subject to subsection (3), the Director-General must, within 40 working days after receiving an application under section 87
a: decide whether to approve the proposed code of ethical conduct, with or without changes, and, if it is to be approved, any conditions to be imposed; and
b: give or post to the applicant written notice of the decision on the application.
2: If the period specified in subsection (1) expires without the Director-General having approved the proposed code of ethical conduct and without having given a notice under subsection (1)﻿(b), the Director-General is deemed to have refused to approve the proposed code of ethical conduct.
3: If, within the period specified in subsection (1), the Director-General notifies the applicant in accordance with subsection (1)﻿(b) that either the Director-General or the National Animal Ethics Advisory Committee either—
a: requires more information from the applicant; or
b: needs to consult the applicant,— the period specified in subsection (1) is deemed to be extended by a further 40 working days.
93: Approval to be personal to code holder
1: An approval of a code of ethical conduct is personal to the code holder and, except with the consent of the Director-General, is not transferable.
2: An approval of a code of ethical conduct does not vest by operation of law in any person other than the code holder.
3: For the purposes of subsection (1), where—
a: a code holder assigns the assets and goodwill of the code holder's business to another person; or
b: a transfer of all or some of the share capital of the code holder has the effect of transferring control of the code holder's business to another person,— every such assignment or transfer has the effect of revoking the approval of the code of ethical conduct held by the code holder unless that assignment or transfer is effected with the consent of the Director-General.
94: Duration of approval
1: Every approval under section 91 Gazette
2: Subsection (1) is subject to sections 95 96
95: Application for amendment, suspension, or revocation of code of ethical conduct
1: Every code holder may apply to the Director-General for his or her approval to the amendment, suspension, or revocation of the approval of the code of ethical conduct in respect of which the code holder holds the Director-General's approval.
2: Every such application must be in writing and must state the reason why the code of ethical conduct should be amended, suspended, or revoked.
3: The Director-General must refer to the National Animal Ethics Advisory Committee for its comments every application made under subsection (1) for his or her approval to the amendment of a code of ethical conduct and must consult with that Committee with regard to every such application.
4: Despite subsections (1) to (3), nothing in this section prevents a code holder from making minor amendments to a code of ethical conduct (being minor amendments that would not materially affect the purposes of the code) without the approval of the Director-General.
5: Where, in any year ending with 31 December, a code holder makes minor amendments to a code of ethical conduct, that code holder must, as soon as practicable after the end of that year but not later than 31 March in the succeeding year, give to the Director-General in writing particulars of those minor amendments.
96: Amendment, suspension, or revocation
1: The Director-General must, in considering any application under section 95
a: whether the current provisions of the code of ethical conduct are appropriate to the activities of the code holder; and
b: whether scientific developments make it appropriate for the code of ethical conduct to be amended; and
c: the consultation conducted under section 95(3)
2: The Director-General may, whether or not an application is made under section 95
a: is no longer carrying out research, testing, or teaching or no longer wishes to enable research, testing, or teaching to be carried out by another person
b: has been convicted of an offence against—
i: this Act; or
ii: the Animals Protection Act 1960; or
iii: the Agricultural Compounds and Veterinary Medicines Act 1997
iv: the Biosecurity Act 1993
v: the Companies Act 1993
vi: the Crimes Act 1961
vii: the Dog Control Act 1996
viii: the Serious Fraud Office Act 1990
ix: the Trade in Endangered Species Act 1989
x: the Veterinarians Act 2005
xi: any Act that was replaced by any of the Acts specified in subparagraphs (ii) to (x); or
xii: any Act passed in substitution for any of the Acts specified in subparagraphs (iii) to (x); or
c: no longer has the capability and skills necessary to carry out research, testing, or teaching or to enable research, testing, or teaching to be carried out by another person
d: has failed to comply in a material respect with this Act or any regulations made under this Act or the code of ethical conduct; or
e: has provided in or with the code holder's application under section 87
3: Except where a code holder applies under section 95(1)
4: Where the Director-General decides to approve the suspension or revocation of the approval of a code of ethical conduct, the Director-General must publish a notice of the decision in the Gazette
5: Where the Director-General refuses to approve an amendment to a code of ethical conduct, the Director-General must give the applicant written notice of—
a: the refusal; and
b: the reasons for the refusal. Section 96(2)﻿(a) amended 10 May 2015 section 40(1) Animal Welfare Amendment Act (No 2) 2015 Section 96(2)﻿(b)﻿(x) amended 22 December 2005 section 105 Veterinarians Act 2005 Section 96(2)﻿(c) amended 10 May 2015 section 40(2) Animal Welfare Amendment Act (No 2) 2015
97: Review of decisions
1: Where a decision under section 85 section 86 section 91 section 96
2: Where a decision under section 85 section 86 section 91 section 96 Animal ethics committees
98: Establishment of animal ethics committees
Every code holder must establish and maintain an animal ethics committee.
99: Functions and powers
1: The functions of an animal ethics committee are—
a: to consider and determine on behalf of the code holder applications for the approval of projects:
b: to consider and determine, under section 84(1)﻿(a)
c: to set, vary, and revoke conditions of project approvals:
d: to monitor compliance with conditions of project approvals:
e: to monitor animal management practices and facilities to ensure compliance with the terms of the code of ethical conduct:
f: to consider and determine applications for the renewal of project approvals:
g: to suspend or revoke, where necessary, project approvals:
h: to recommend to the code holder amendments to the code of ethical conduct.
2: Each animal ethics committee has such powers as are reasonably necessary to enable it to carry out its functions.
100: Criteria
1: In considering any application for the approval of a project and in setting, varying, or revoking conditions of the approval of a project, every animal ethics committee must have regard to such of the following matters as are relevant:
a: the purposes of this Part , but the committee need not have regard to the purpose stated in section 80(1)﻿(b) for any part of the project that involves manipulation to which section 3(1A)
b: any matters that the committee is required to consider by regulations made under this Act; and
c: the scientific or educational objectives of the project; and
d: the harm to, or the distress felt by, the animals as a result of the manipulation, and the extent to which that harm or distress can be alleviated by any means (including, where the pain or distress cannot be held within reasonable levels, the abandonment of the manipulation or the humane destruction of animals) , but this paragraph does not apply to the killing of animals for the purpose of any project where research, testing, and teaching are to be performed on their bodies or tissues
e: whether the design of the experiment or demonstration is such that it is reasonable to expect that the objectives of the experiment or demonstration will be met; and
f: the factors that have been taken into account in the choice of animal species; and
fa: the extent to which there has been—
i: assessment of the suitability of using non-sentient or non-living alternatives in the project; and
ii: replacement of animals as subjects with suitable non-sentient or non-living alternatives; and
g: whether the number of animals to be used is the minimum necessary to ensure a meaningful interpretation of the findings and the statistical validity of the findings; and
h: whether adequate measures will be taken to ensure the general health and welfare of animals before, during, and after manipulation; and
i: whether suitably qualified persons will be engaged in supervising and undertaking the research, testing, or teaching; and
j: whether any duplication of an experiment is proposed and, if so, whether any such duplication will be undertaken only if the original experiment—
i: is flawed in a way that was not able to be predicted; or
ii: needs to be duplicated for the purpose of confirming a result that was unexpected or has far-reaching implications; and
k: whether the same animals are to be used repeatedly in successive projects, and, if so, the cumulative effect of the successive projects on the welfare of the animals; and
l: whether there is a commitment to ensuring that findings of any experiment will be adequately used, promoted, or published; and
m: any other matters that the committee considers relevant.
2: When an animal ethics committee considers approving a research, testing, and teaching project that involves manipulation to which section 3(1A) Section 100(1)﻿(a) amended 1 January 2018 section 41(1) Animal Welfare Amendment Act (No 2) 2015 Section 100(1)﻿(d) amended 1 January 2018 section 41(2) Animal Welfare Amendment Act (No 2) 2015 Section 100(1)﻿(fa) inserted 9 November 2015 section 41(3) Animal Welfare Amendment Act (No 2) 2015 Section 100(2) inserted 1 January 2018 section 41(4) Animal Welfare Amendment Act (No 2) 2015
101: Membership
1: Each animal ethics committee is to consist of at least 4 members.
2: If the code holder is an organisation, the members of the animal ethics committee must be appointed by the chief executive of the organisation or his or her nominee.
3: One member must be—
a: the code holder; or
b: if the code holder is an organisation, a senior member of the organisation appointed by the chief executive to be a member of the committee.
4: Any senior member of an organisation who is appointed under subsection (3)﻿(b) must be a person who is capable of evaluating—
a: each proposal for a project; and
b: the qualifications and skills of the proposer of a project; and
c: the scientific value or the teaching value, as the case may require, of a project.
5: One member must be a veterinarian (not being a veterinarian who is an employee of, or is otherwise associated with, the code holder) appointed by the code holder on the nomination of the New Zealand Veterinary Association or a similar national body of veterinarians.
6: One member must be a person appointed by the code holder on the nomination of an approved organisation.
7: The person appointed under subsection (6) must not be—
a: a person who is in the employ of, or is otherwise associated with, the code holder; or
b: a person who is involved in the use of animals for research, testing, or teaching.
8: One member must be a person appointed by the code holder on the nomination of a territorial authority or regional council.
9: The person appointed under subsection (8) must not be—
a: a person who is in the employ of, or is otherwise associated with, the code holder; or
b: a person who is associated with the scientific community or an animal welfare agency.
10: The appointed members of each animal ethics committee hold office for such terms and on such conditions as are specified in the code of ethical conduct.
102: Procedure
The procedure of an animal ethics committee must, except as provided in this Act or in regulations made under this Act or in the code of ethical conduct, be determined by the committee.
103: Report of non-compliance
1: Any member of an animal ethics committee who believes that the committee or the code holder is failing to comply in a material respect with this Act or with any regulations made under this Act or with the code of ethical conduct, may report the non-compliance to the Director-General.
2: A member of an animal ethics committee who makes a report under subsection (1) in good faith is not to be liable to any civil or criminal proceedings or to any disciplinary proceedings by reason of having made that report.
3: The Director-General must use his or her best endeavours not to disclose any information that might identify the person who made the report unless—
a: the person consents to the disclosure of that information; or
b: the Director-General reasonably believes that disclosure of the identifying information—
i: is essential to the investigation of the allegations made in the report; or
ii: is essential having regard to the principles of natural justice.
4: Nothing in the Official Information Act 1982 Privacy Act 2020 Section 103(4) amended 1 December 2020 section 217 Privacy Act 2020
104: Protection of members of animal ethics committees
No member of an animal ethics committee is personally liable for any act done or omitted by the member or the committee in good faith in the course of the operations of the committee. Reviews of code holders and animal ethics committees
105: Independent reviews
1: An independent review of each code holder and of each animal ethics committee established and maintained by the code holder must be undertaken in accordance with this section.
2: Where the code holder in respect of a code of ethical conduct is—
a: a person who, on the approval of that code, became a code holder for the first time; or
b: a person who, on the approval of that code, was a person who had not, at any time in the period of 2 years immediately preceding the date of that approval, been a code holder,— an independent review must take place within 2 years after the date on which notice of that approval was published in the Gazette
3: Where a code holder (including a code holder to whom subsection (2) applies) applies for the approval of a code of ethical conduct for a second or subsequent period, an independent review must have been completed before the period of the current approval has expired.
106: Purpose
1: The purpose of an independent review is to review compliance by a code holder, and by each animal ethics committee appointed by the code holder, with the requirements and standards of this Act and of any regulations made under this Act and of the code of ethical conduct.
2: The accredited reviewer is entitled, in relation to an animal ethics committee, to review all aspects of the committee's decision-making process but is not entitled to pass judgment on the validity or appropriateness of the final decision except where failure to comply with the Act or poor process appears to have had a significant bearing on the decision.
107: Period to which independent review relates
The independent review is to relate,—
a: in the case of an independent review to which section 105(2)
b: in the case of an independent review to which section 105(3)
108: Conduct of independent review
1: Each independent review is to be conducted by an accredited reviewer appointed by the code holder.
2: The code holder appointing the accredited reviewer must pay the accredited reviewer for the accredited reviewer's work in conducting the review.
3: The remuneration paid for the work is to be such as is agreed on by the code holder and the accredited reviewer.
109: Accredited reviewers
1: The Director-General may, on the application of any natural person, accredit that person to carry out independent reviews under section 105
2: Before granting accreditation, the Director-General must be satisfied that the person is a fit and proper person to conduct reviews under section 105
a: the relevant competencies possessed by the person; and
b: the person's character or reputation; and
c: the person's ability to maintain an appropriate degree of impartiality and independence in conducting reviews under section 105
3: The Director-General may from time to time, after consultation with the National Animal Ethics Advisory Committee, specify, by notice in the Gazette
4: For the purposes of this Act, the Director-General may, without application being made, grant accreditation to any officer or employee of the Ministry who is qualified to carry out reviews under section 105
110: Performance of duties
Every accredited reviewer must—
a: maintain an appropriate degree of impartiality and independence in carrying out his or her duties; and
b: take all reasonable steps to ensure that his or her judgment is not impaired—
i: by any relationship with, or interest in, the person or organisation subject to review; or
ii: by any involvement in the development of, or the process for the approval of, a code of ethical conduct; and
c: use his or her best endeavours to comply with, and give effect to, any relevant performance standards or other requirements issued by the Director-General under section 112
d: keep full and readily accessible records of each independent review conducted by the accredited reviewer.
111: Applications for accreditation
1: Every application for accreditation under section 109
a: be made in writing to the Director-General; and
b: be made on a form provided by the Director-General and in a manner approved by the Director-General; and
c: be accompanied by the prescribed fee (if any).
2: For the purpose of assessing the matters specified in section 109(2)
3: If the applicant fails to supply the information within 3 months after the request, or within such further time as the Director-General may allow, the application lapses.
112: Performance standards
The Director-General may from time to time, by notice in the Gazette
a: issue performance standards in relation to the exercise or performance by accredited reviewers of their functions, powers, and duties under this Act:
b: amend or revoke any performance standards issued under paragraph (a).
113: Provisions applying in respect of accreditation and accredited reviewers
The provisions set out in Schedule 2 section 109
114: Review
The accredited reviewer must, in conducting the independent review, assess the extent to which the code holder and the animal ethics committee are—
a: implementing the policies, procedures, and requirements set out in this Act and in any regulations made under this Act and in the code of ethical conduct; and
b: complying with this Act and any regulations made under this Act and the code of ethical conduct.
115: Report
The accredited reviewer must, after conducting a review,—
a: prepare a draft report setting out—
i: the preliminary conclusions reached by the reviewer; and
ii: the preliminary recommendations to be made by the accredited reviewer; and
b: send copies of the draft report to the code holder; and
c: allow the code holder at least 15 working days within which to respond to and comment on the contents of the draft report; and
d: after complying with paragraphs (a) to (c) and considering any response and comments made by the code holder in relation to the draft report, prepare a final report setting out the accredited reviewer's conclusions and recommendations; and
e: send, to the code holder, a copy of the final report; and
f: send, to the Director-General and the National Animal Ethics Advisory Committee,—
i: a copy of the final report; and
ii: a copy of any response and comments made by the code holder in relation to the draft report.
116: Level of compliance
1: The Director-General must, after receiving a copy of the final report, inform the code holder in writing whether, in the opinion of the Director-General, the report indicates either—
a: that the code holder has achieved a satisfactory level of compliance; or
b: that the code holder has not achieved a satisfactory level of compliance.
2: Where the Director-General is of the opinion that the report shows that the code holder has not achieved a satisfactory level of compliance, the Director-General must inform the code holder in writing of the actions that the code holder is required to take in order to achieve a satisfactory level of compliance.
117: Power of Minister to commission review
1: Where the Minister has reasonable grounds to believe that a code holder or an animal ethics committee may not be complying with this Act or any regulations made under this Act or the relevant code of ethical conduct, the Minister may, at the Crown's expense, appoint a person to make an independent review of that code holder or that animal ethics committee or both.
2: The Minister may determine the terms of reference for the review.
3: This section has effect despite anything in sections 100 to 114
4: Sections 115 116
a: as if that person were an accredited reviewer to whom section 115
b: as if, for the expression Director-General Minister Power of Minister to approve research or testing
118: Power of Minister to approve research or testing
1: The Minister may authorise any person or organisation to carry out research or testing without the approval of an animal ethics committee where the Minister is satisfied that such research or testing is necessary in the national interest.
2: In considering whether the research or testing is necessary in the national interest, the Minister must have regard to the following matters:
a: whether the research or testing is necessary for the purpose of protecting New Zealand's biosecurity interests:
b: whether the research or testing relates to matters that affect or are likely to affect or are relevant to New Zealand's international obligations:
c: whether the research and testing is necessary for the purpose of protecting human or animal health.
3: Subject to subsection (4), the Minister must consult with the National Animal Ethics Advisory Committee before exercising the powers conferred on the Minister by subsection (1).
4: Subsection (3) does not apply in any case where the research or testing is necessary in relation to the exercise of emergency powers under other Acts.
5: Nothing in section 82 section 83 Penalties
119: Penalties
A person who commits an offence against section 82(2) section 83(2) section 84A(3) section 85(7)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; and
b: in the case of a body corporate, to a fine not exceeding $125,000. Section 119 amended 10 May 2015 section 42 Animal Welfare Amendment Act (No 2) 2015 Section 119 amended 1 July 2013 section 413 Criminal Procedure Act 2011
7: Provisions relating to administration
120: Purpose
The purpose of this Part is to—
a: specify the criteria for an organisation to be declared as an approved organisation; and
b: provide for the appointment of inspectors and auxiliary officers; and
c: specify the powers and duties of approved organisations in relation to animals in their custody; and
d: specify the powers of inspectors and auxiliary officers, including their powers of search and their powers in relation to animals. Approved organisations, inspectors, and auxiliary officers
121: Approved organisations
1: The Minister may from time to time, on the application of any organisation, declare that organisation, by notice in the Gazette
2: The application must include—
a: the full name and address of the applicant; and
b: the area in which the applicant will, if declared to be an approved organisation, operate as an approved organisation; and
c: information that will enable the Minister to assess whether the organisation meets the criteria set out in section 122
122: Criteria
1: The Minister must, before declaring an organisation to be an approved organisation for the purposes of this Act, be satisfied, by the production to the Minister of suitable evidence, that—
a: one of the purposes or roles of the organisation concerns the welfare of animals or a particular species of animal; and
b: the accountability arrangements, financial arrangements, and management of the organisation are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and
c: the functions and powers of the organisation are not such that the organisation could face a conflict of interest if it were to have both those functions and powers and the functions and powers of an approved organisation; and
d: the employment contracts or arrangements between the organisation and the organisation's inspectors and auxiliary officers are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and
e: the persons who may be recommended for appointment as inspectors or auxiliary officers—
i: will have the relevant technical expertise and experience to be able to exercise competently the powers, duties, and functions conferred or imposed on inspectors and auxiliary officers under this Act; and
ii: subject to section 126
2: The Minister may, in making a declaration under section 121
3: The Minister may, in making a declaration under section 121
a: only the species specified in the declaration; or
b: all animals.
4: Nothing in this section obliges the Minister to make a declaration under section 121
5: The Minister may, in making a declaration under section 121 Section 122(1)﻿(a) replaced 10 May 2015 section 43(1) Animal Welfare Amendment Act (No 2) 2015 Section 122(3) inserted 10 May 2015 section 43(2) Animal Welfare Amendment Act (No 2) 2015 Section 122(4) inserted 10 May 2015 section 43(2) Animal Welfare Amendment Act (No 2) 2015 Section 122(5) inserted 10 May 2015 section 43(2) Animal Welfare Amendment Act (No 2) 2015
123: Amendment or revocation of declaration
1: The Minister may from time to time, by notice in the Gazette section 121
a: the organisation no longer meets any 1 or more of the criteria set out in section 122
b: the organisation has failed to comply with any condition imposed under section 122(2)
c: the organisation has failed to comply with any condition imposed under section 122(5)
2: The Minister may from time to time, by notice in the Gazette
a: revoke any condition imposed under section 122(2) or (5)
b: revoke any condition imposed under section 122(2) or (5)
c: amend any condition imposed under section 122(2) or (5) Section 123(1) replaced 10 May 2015 section 44(1) Animal Welfare Amendment Act (No 2) 2015 Section 123(2)﻿(a) amended 10 May 2015 section 44(2) Animal Welfare Amendment Act (No 2) 2015 Section 123(2)﻿(b) amended 10 May 2015 section 44(2) Animal Welfare Amendment Act (No 2) 2015 Section 123(2)﻿(c) amended 10 May 2015 section 44(2) Animal Welfare Amendment Act (No 2) 2015
123A: Appointment of auditors
1: The Director-General may appoint auditors to carry out audits of approved organisations for the purposes of this Act.
2: The Director-General may appoint as auditors only those persons who have appropriate experience, technical competence, and qualifications relevant to the audits.
3: Auditors may, but need not, be persons who are employed under the Public Service Act 2020 Section 123A inserted 10 May 2015 section 45 Animal Welfare Amendment Act (No 2) 2015 Section 123A(3) amended 7 August 2020 section 135 Public Service Act 2020
123B: Audits
1: The Director-General must set terms of reference for audits of approved organisations.
2: Audits include examinations, investigations, and reviews.
3: Auditors conduct audits as to the previous and current positions, and as to the likely future position, of—
a: an organisation’s ability to meet the criteria set out in section 122(1)
b: compliance by an organisation and its inspectors and auxiliary officers with any relevant performance and technical standards for inspectors and auxiliary officers:
c: an organisation's compliance with any memorandum of understanding established between the organisation and the Ministry:
d: the exercise of any power, and the carrying out of any functions or duties, by any inspector or auxiliary officer of an organisation:
e: an organisation's compliance with animal welfare law:
f: compliance by an organisation and its inspectors and auxiliary officers with any direction issued by the Director-General under section 126
g: any other class or description of audit necessary to audit an organisation’s work or status as an approved organisation under this Act.
4: Any inspector, auxiliary officer, or employee of an organisation, and any other inspector or auxiliary officer, may be the subject of an audit. Section 123B inserted 10 May 2015 section 45 Animal Welfare Amendment Act (No 2) 2015
123C: Auditors' general duties
1: An auditor must use his or her best endeavours to comply with and give effect to relevant performance or technical standards when exercising powers or carrying out functions or duties for the purposes of this Act.
2: An auditor must give the approved organisation that is to be audited a written notice of the audit and the terms of reference a reasonable time before the audit starts, unless giving notice would defeat the purpose of the audit.
3: The auditor must conduct the audit within the terms of reference. Section 123C inserted 10 May 2015 section 45 Animal Welfare Amendment Act (No 2) 2015
123D: Auditors' powers
1: An auditor may exercise the powers in this section for the purposes of an audit.
2: The Director-General may give the approved organisation that is to be audited a written notice to appear before an auditor at a time and place specified in the notice.
3: If the Director-General acts under subsection (2), the auditor may require the approved organisation to answer all questions relating to the audit put to the organisation.
4: An auditor may examine the systems, processes, and records of the approved organisation.
5: The approved organisation must ensure that the auditor—
a: has full access to all books and records in the possession or under the control of the organisation and to any place where any such books or records are kept; and
b: is able to examine or audit any books or records, and take copies or extracts from them; and
c: has full access to facilities (for example, animal shelters) that are maintained so that the organisation can fulfil its duties under this Act, and is able to take samples and records from facilities and animals kept there as provided in section 127
d: has full access to any other thing that relates to the organisation’s performance of duties under this Act and the organisation's ability to meet the criteria set out in section 122(1) Section 123D inserted 10 May 2015 section 45 Animal Welfare Amendment Act (No 2) 2015
124: Appointment of inspectors
1: The Director-General may from time to time appoint persons employed in the State sector to be inspectors for the purposes of this Act.
2: The Minister may from time to time, on the recommendation of an approved organisation, appoint any person to be an inspector for the purposes of this Act.
3: Every inspector appointed under subsection (2)—
a: must be appointed either—
i: for particular purposes of this Act specified in the inspector's instrument of appointment, which may include the exercise of particular powers of inspectors under this Act or relate to a particular species; or
ii: for the general purposes of this Act; and
b: must be appointed either—
i: for a particular district or part or parts of New Zealand; or
ii: to act generally throughout New Zealand.
4: The Minister may appoint a person to be an inspector under subsection (2) only where the Minister is satisfied that the person has the experience, technical competence, and other qualifications to undertake the functions of an inspector.
5: Every constable
6: Every inspector appointed under subsection (2)—
a: is appointed for such term, not exceeding 3 years, as the Minister thinks fit, and is eligible for reappointment from time to time:
aa: may at any time be suspended from office by the Minister if he or she considers it desirable to do so pending the investigation of a complaint relating to—
i: the inspector's performance of his or her functions or duties; or
ii: any suspected neglect of duty or misconduct of the inspector:
b: may at any time be removed from office by the Minister for incapacity affecting performance of duty, neglect of duty, or misconduct proved to the satisfaction of the Minister:
c: may resign his or her office by giving written notice to that effect to the Minister:
d: must on the expiration of the term of his or her appointment, or on the sooner expiry of his or her appointment by removal from office or resignation, surrender to the Minister his or her instrument of appointment.
6A: If the Minister suspends an inspector under subsection (6)﻿(aa), the Minister must give the inspector a written notice stating—
a: that the inspector's appointment is suspended; and
b: either—
i: the period of the suspension; or
ii: that suspension is for an indefinite period; and
c: the reasons for the suspension.
7: Without limiting subsection (6)﻿(b), it is declared that where an approved organisation informs the Minister in writing that an inspector who was appointed on the recommendation of that approved organisation is no longer acting for that approved organisation or for an incorporated society that is a branch or member of
8: No person appointed by the Minister under subsection (2) to be an inspector is by virtue of that appointment employed in the public service for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
9: The Director-General may from time to time establish performance standards and technical standards for inspectors appointed under subsection (1).
10: Every inspector appointed under subsection (1) or subsection (2) must, when performing his or her functions or duties under this Act or exercising his or her powers under this Act, use his or her best endeavours to comply with, and give effect to, the relevant performance standards or technical standards. 1960 No 30 s 9; 1995 No 31 s 15 Section 124(1) replaced 9 August 2015 section 46(1) Animal Welfare Amendment Act (No 2) 2015 Section 124(3)﻿(a) replaced 10 May 2015 section 46(2) Animal Welfare Amendment Act (No 2) 2015 Section 124(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 124(6)﻿(aa) inserted 10 May 2015 section 46(3) Animal Welfare Amendment Act (No 2) 2015 Section 124(6A) inserted 10 May 2015 section 46(4) Animal Welfare Amendment Act (No 2) 2015 Section 124(7) amended 27 September 2001 section 4 Animal Welfare Amendment Act 2001 Section 124(8) amended 7 August 2020 section 135 Public Service Act 2020
125: Appointment of auxiliary officers
1: The Director-General may from time to time, on the recommendation of an approved organisation, appoint any person to be an auxiliary officer for the purposes of this Act.
2: No person appointed by the Director-General under this section to be an auxiliary officer is by virtue of that appointment employed in the public service for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
2A: The Director-General may at any time suspend a person's appointment as an auxiliary officer.
3: The Director-General may at any time revoke any appointment made under subsection (1). Section 125(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 125(2A) inserted 10 May 2015 section 47 Animal Welfare Amendment Act (No 2) 2015
126: Inspectors and auxiliary officers to act under direction of Director-General
1: All inspectors and auxiliary officers must act under the direction of the Director-General in the exercise and performance of the powers, duties, and functions conferred or imposed on them under this Act.
2: In the event of any conflict arising between the powers, duties, and functions conferred or imposed on an inspector or auxiliary officer, as the case may be, as an employee or member of an approved organisation and the powers, duties, and functions conferred or imposed on that inspector or auxiliary officer under this Act, the powers, duties, and functions conferred or imposed on that inspector or auxiliary officer under this Act prevail. 1995 No 31 s 16 Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships
127: Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships
1: Subject to subsections (3) and (4), an inspector may—
a: in the case of any land, premises, or place, at any reasonable time or times; and
b: in the case of any vehicle, aircraft, or ship, at any reasonable time or times at which the vehicle, aircraft, or ship is stationary,— enter, without warrant, that land or those premises or that place or any such vehicle, aircraft, or ship for the purposes of inspecting any animal on or in that land or those premises or that place or in or on any such vehicle, aircraft, or ship.
2: A constable constable
3: No inspector may, under subsection (1), enter in or on any dwelling or marae unless he or she is authorised to do so by a search warrant issued under section 131
4: In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 section 8(1)﻿(b)
a: is in a port, harbour, roadstead, or anchorage in New Zealand; or
b: is otherwise within the internal waters of New Zealand as defined by section 4
4A: If an inspector exercises a power of entry under subsection (1), the inspector may take any photographs, sound or video recordings, drawings, or other records (whether paper-based or electronic) of anything relevant to, and observed during, an inspection.
4B: If an inspector exercises a power of entry under subsection (1), the inspector may take—
a: the carcass of or tissue or other bodily samples (for example, blood samples) from any dead animal found during an inspection:
b: tissue or other bodily samples (for example, blood samples) from any live animal found during the inspection.
5: Where an inspector who exercises a power of entry under subsection (1) has reasonable grounds to believe, in respect of any animal found on or in the land, premises, or place or in or on the vehicle, aircraft, or ship, that—
a: the animal has been wilfully ill-treated contrary to section 28
aa: the owner of the animal is already disqualified from owning an animal under this Act; or
b: the physical, health, and behavioural needs of the animal or the need for the animal to receive treatment from a veterinarian make it necessary or desirable to remove the animal from the land, premises, or place or the vehicle, aircraft, or ship; or
c: the animal is at clear risk of imminent harm,— the inspector may take and maintain possession of the animal, by force if necessary, and convey the animal to another place.
6: The inspector may keep the animal at a place chosen by the inspector until—
a: the animal is, under section 172
b: a District Court Judge orders that the animal be delivered to the owner of the animal or to the person charged with the offence against this Act.
7: An inspector may take any person in or on any land, premises, or place or in or on an aircraft, ship, or vehicle to assist the inspector with an inspection under subsection (1). 1960 No 30 s 10(1), (4), (5), (6); 1978 No 63 s 2(2) Section 127(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 127(4A) inserted 10 May 2015 section 48(1) Animal Welfare Amendment Act (No 2) 2015 Section 127(4B) inserted 10 May 2015 section 48(1) Animal Welfare Amendment Act (No 2) 2015 Section 127(5)﻿(aa) inserted 10 May 2015 section 48(2) Animal Welfare Amendment Act (No 2) 2015 Section 127(5)﻿(b) amended 10 May 2015 section 48(3) Animal Welfare Amendment Act (No 2) 2015 Section 127(5)﻿(c) inserted 10 May 2015 section 48(4) Animal Welfare Amendment Act (No 2) 2015
128: Production of evidence of appointment
An inspector exercising a power of entry under section 127
a: evidence of his or her appointment as an inspector; and
b: evidence of his or her identity. 1960 No 30 s 10(3A); 1983 No 141 s 4(3)
129: Notice of entry
If the person in charge of the land, premises, or place or the vehicle, aircraft, or ship, as the case may be, is not present at the time at which a power of entry is exercised, without warrant, under section 127
a: the time and date of the entry; and
b: the purpose of the entry; and
c: the condition of any animals inspected; and
d: the animals (if any) that have been removed from the premises in accordance with section 127(5)
e: the name of that inspector; and
f: the address of the Police station or other office to which inquiries should be made. 1960 No 30 s 10(3B); 1983 No 141 s 4(3)
130: Power to prevent or mitigate suffering
1: Where an inspector, either in the course of the exercise of a power of entry under section 127
a: may take all such steps as the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal (including, if necessary, destroying or arranging for the destruction of the animal)
b: may, by notice in writing given by the inspector to the owner or the person in charge of the animal or any person appearing to be in charge of the animal, require the person to whom the notice is given to take all such steps as the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal (including, if necessary, destroying or arranging for the destruction of the animal)
1A: If an inspector proposes to destroy, or require the destruction of, an animal under subsection (1), the inspector must ensure that the process in section 138
1B: Without limiting section 185
a: delivering it personally to the person:
b: delivering it to the person at the person's usual or last-known place of residence or business:
c: sending it by fax or email to the person's fax number or email address:
d: posting it in a letter addressed to the person at the person's usual or last-known place of residence or business.
1C: The following provisions apply to service as described in subsection (1B):
a: service on an officer of a body, or on the body's registered office, is deemed to be service on the body:
b: service on any of the partners in a partnership is deemed to be service on the partnership:
c: service by post is deemed to occur at the time at which the notice would have been delivered in the ordinary course of the post.
2: A person commits an offence who, without reasonable excuse,
3: A person who commits an offence against subsection (2) is liable on
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000. 1960 No 30 s 10(6), (7); 1993 No 19 s 3(1) Section 130(1)﻿(a) amended 1 October 2012 section 195(1) Search and Surveillance Act 2012 Section 130(1)﻿(b) amended 1 October 2012 section 195(2) Search and Surveillance Act 2012 Section 130(1A) inserted 10 May 2015 section 49(1) Animal Welfare Amendment Act (No 2) 2015 Section 130(1B) inserted 10 May 2015 section 49(1) Animal Welfare Amendment Act (No 2) 2015 Section 130(1C) inserted 10 May 2015 section 49(1) Animal Welfare Amendment Act (No 2) 2015 Section 130(2) amended 10 May 2015 section 49(2) Animal Welfare Amendment Act (No 2) 2015 Section 130(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Search warrants
131: Search warrants
1: Any issuing officer (within the meaning of section 3 subpart 3 constable
a: an offence against this Act or any regulations made under this Act has been, or is being, committed; or
b: the suffering of an animal could be prevented or mitigated; or
c: there is any thing that is evidence of an offence committed against this Act or any regulations made under this Act; or
d: there is any thing which there are reasonable grounds to believe may be evidence of the commission of any offence against this Act or any regulations made under this Act,— may issue a search warrant to authorise every constable and inspector
2: In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 section 8(1)﻿(b) constable
a: is in a port, harbour, roadstead, or anchorage in New Zealand; or
b: is otherwise within the internal waters of New Zealand as defined by section 4
3: The provisions of Part 4 sections 133(2) and (4) 136 136A
4: Despite subsection (3), sections 118 119 1960 No 30 s 10(3); 1983 No 141 s 4(2) Section 131(1) amended 26 March 2015 section 4 Animal Welfare Amendment Act 2015 Section 131(1) amended 1 October 2012 section 195(3) Search and Surveillance Act 2012 Section 131(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 131(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 131(3) replaced 1 October 2012 section 195(4) Search and Surveillance Act 2012 Section 131(4) inserted 1 October 2012 section 195(4) Search and Surveillance Act 2012
132: Form and content of search warrant
Section 132 repealed 1 October 2012 section 195(5) Search and Surveillance Act 2012
133: Powers conferred by search warrant
1:
2: If an inspector executes a search warrant and seizes an animal under that search warrant, the inspector may maintain possession of that animal, and convey that animal to another place.
3:
4: Where an inspector executes a search warrant and the inspector is satisfied an animal is suffering unreasonable or unnecessary pain or distress because—
a: the physical, health, and behavioural needs of the animal are not being met; or
b: for any other reason,— the inspector may take any steps that the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal (including, if necessary, destroying or arranging for the destruction of the animal)
4A: If an inspector proposes to destroy, or require the destruction of, an animal under subsection (4), the inspector must ensure that the process in section 138
5: 1960 No 30 s 10(6) Section 133(1) repealed 1 October 2012 section 195(5) Search and Surveillance Act 2012 Section 133(3) repealed 1 October 2012 section 195(5) Search and Surveillance Act 2012 Section 133(4) amended 1 October 2012 section 195(6) Search and Surveillance Act 2012 Section 133(4A) inserted 10 May 2015 section 50 Animal Welfare Amendment Act (No 2) 2015 Section 133(5) repealed 1 October 2012 section 195(5) Search and Surveillance Act 2012
134: Production of search warrant
Section 134 repealed 1 October 2012 section 195(5) Search and Surveillance Act 2012
135: Notice of execution of search warrant
Section 135 repealed 1 October 2012 section 195(5) Search and Surveillance Act 2012 Further provisions relating to powers of search and entry
136: Disposal of thing seized
1: Subject to subsections (2) and (3) and section 136A subparts 1 5 6 7 9 10 Part 4
a: any thing seized by a constable (including any animal seized by a constable under the authority of a search warrant issued under section 131 section 137(1)
b: with the necessary modifications, any thing seized by an inspector (including any animal seized by an inspector under the authority of a search warrant issued under section 131 section 127
2: Despite anything in subpart 6
3: If the court orders, under section 154(2)﻿(c)
a: first, in the payment of the expenses incurred in arranging the sale:
b: secondly, if an animal and equipment are sold,—
i: the expenses incurred in caring for that animal before the sale; and
ii: if any other animals seized at the same time or under the same warrant have not been sold but are still being cared for, the expenses incurred in caring for those animals (if the owner or person in charge of those animals was, at the time of their seizure, the same person as the person who was the owner of or the person in charge of the animal sold):
c: thirdly, in such manner as the court thinks fit. Section 136(1) replaced 1 October 2012 section 195(7) Search and Surveillance Act 2012 Section 136(1)﻿(b) amended 10 May 2015 section 51 Animal Welfare Amendment Act (No 2) 2015 Section 136(2) replaced 1 October 2012 section 195(8) Search and Surveillance Act 2012 Section 136(3) amended 1 October 2012 section 195(9) Search and Surveillance Act 2012
136A: Disposal of animals seized or taken into custody prior to commencement or determination of proceedings
1: This section applies if—
a: 1 or more animals are seized by a constable or an inspector, under the authority of a search warrant issued under section 131 section 127 section 137(1)
b: either—
i: proceedings for an offence involving that animal or those animals—
A: have been commenced but not yet determined; or
B: have not yet been commenced but are intended to be commenced within a reasonable period; or
ii: the owner of that animal or those animals cannot be located.
2: If this section applies, the District Court
a: the sale of the animal or animals; or
b: the placement of the animal or animals with another person; or
c: the destruction or other disposal of the animal or animals; or
d: the dehorning or performance of other surgical procedures on the animal or animals.
3: The District Court—
a: must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and
b: may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and
c: may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
4: In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters:
a: whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person:
b: the number of animals involved:
c: whether the animal or animals are being kept for economic purposes or for companionship:
d: the cost of continuing to hold the animal or animals:
e: the physical state of the animal or animals:
f: whether it is reasonable or practicable for the animal or animals to be placed elsewhere:
g: whether it is reasonable or practicable for the Ministry or an approved organisation to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or animals:
h: whether any person will suffer material or other loss, and the extent of that loss, if the animal or animals are sold:
i: any other matters the court considers relevant.
5: If an animal is sold under the authority of an order under subsection (2)﻿(a), the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved organisation in caring for the animal or animals or providing veterinary treatment to that animal or those animals).
6: The Ministry or approved organisation referred to in subsection (5) must, unless the proceeds of sale are forfeited to the Crown under section 172(1)
a: after the determination of the proceedings for an offence involving that animal or those animals; or
b: after a decision is taken not to commence any such proceedings. Section 136A inserted 1 October 2012 section 196 Search and Surveillance Act 2012 Section 136A(1)﻿(a) amended 10 May 2015 section 52 Animal Welfare Amendment Act (No 2) 2015 Section 136A(2) amended 1 March 2017 section 261 District Court Act 2016
137: Vehicle, aircraft, ship, or animal may be detained
1: If a constable arrests a person for an offence against section 22(2) 23(1) or (2) 40(1)
a: take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and
b: detain that vehicle, aircraft, or ship, or that animal, or both, at a place chosen by the constable for a period that is reasonably necessary to—
i: conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises such a search; or
ii: provide humane treatment for any animal that is moved.
2:
3: In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 section 8(1)﻿(b) constable subsection (1)
a: is in a port, harbour, roadstead, or anchorage in New Zealand; or
b: is otherwise within the internal waters of New Zealand as defined by section 4 1960 No 30 s 11 Section 137(1) replaced 1 October 2012 section 197(1) Search and Surveillance Act 2012 Section 137(2) repealed 1 October 2012 section 197(1) Search and Surveillance Act 2012 Section 137(3) amended 1 October 2012 section 197(2) Search and Surveillance Act 2012 Section 137(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Powers in relation to injured or sick animals
138: Destruction of injured or sick animals (other than marine mammals)
1: If an inspector, auxiliary officer, or a veterinarian finds a severely injured or sick animal (other than a marine mammal), and in his or her opinion, the animal should be destroyed because reasonable treatment will not be sufficient to make the animal respond and the animal will suffer unreasonable or unnecessary pain or distress if it continues to live, he or she must, as soon as possible,—
a: consult with the owner of that animal, if that owner can be found within a reasonable time; and
b: if the owner asks for a second opinion from a veterinarian as to whether that animal should be destroyed, allow the owner to obtain that second opinion.
2: If—
a: the owner of a severely injured or sick animal cannot be found within a reasonable time; or
b: the owner of a severely injured or sick animal—
i: does not, on being found, agree to the destruction of the animal; and
ii: does not obtain within a reasonable time a second opinion from a veterinarian as to whether the animal should be destroyed,— the inspector, or auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed.
3: If the owner of a severely injured or sick animal is found and consulted under subsection (1), and agrees that the animal should be destroyed,—
a: the inspector, auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or
b: the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.
4: If the owner obtains a second opinion under subsection (1)﻿(b), and the veterinarian giving that opinion
a: the inspector, auxiliary officer, or veterinarian as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or
b: the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.
5: Where, under this section, an inspector, auxiliary officer, or veterinarian destroys an animal or causes it to be destroyed, he or she may dispose of the carcass in such manner as he or she thinks fit. 1960 No 30 s 12(3); 1962 No 55 s 2(1) Section 138(4) amended 10 May 2015 section 53 Animal Welfare Amendment Act (No 2) 2015
139: Destruction of impounded animals that are diseased, injured, or sick
Despite section 138
a: an inspector, auxiliary officer, or veterinarian certifies in writing that an animal impounded in a pound under the Impounding Act 1955 Dog Control Act 1996
b: the territorial authority having jurisdiction over the pound is unable to find the owner of that animal within a reasonable time after the inspector, auxiliary officer, or veterinarian has given such a certificate,— the territorial authority must, without delay, destroy that animal or cause it to be destroyed. 1960 No 30 s 12(6)
140: Injured and sick marine mammals
If an inspector, auxiliary officer, or veterinarian finds a severely injured or sick marine mammal, the inspector, auxiliary officer, or veterinarian, as the case may be, must, as soon as possible, report the matter to a Marine Mammals Officer declared or appointed as such under section 11 1960 No 30 s 12(5); 1978 No 80 s 30(1) Disposal of animals in custody of approved organisations
141: Duties of approved organisation
1: Where a person (other than the owner of an animal) gives that animal into the custody of an approved organisation and that approved organisation accepts custody of that animal, or where an approved organisation takes any animal into its custody, that approved organisation—
a: must take reasonable steps to identify the owner of the animal; and
b: may take such steps as it considers necessary or desirable to prevent or mitigate any suffering of the animal.
1A: Subsection (1B) applies if—
a: an owner of an animal, or a person acting as the agent of an owner of an animal, gives the animal into the temporary custody of an approved organisation; and
b: an arrangement exists for the return of the animal to the owner or the owner's agent; and
c: the owner or the owner's agent does not return to reclaim custody of that animal as agreed.
1B: If this subsection applies, the approved organisation may sell, re-home, or dispose of (including destroy) the animal in any manner that an inspector or auxiliary officer acting for the organisation thinks fit if—
a: the approved organisation has taken reasonable steps to locate and contact the owner; and
b: either—
i: the approved organisation has been unable to locate or contact the owner; or
ii: the approved organisation has located and attempted to contact the owner, but the owner will not respond; and
c: the approved organisation has given the owner written notice of its intention to sell, re-home, or otherwise dispose of (including destroy) the animal in accordance with the provisions of subsection (3); and
d: the owner has not, within the period specified in the notice, reclaimed the animal and paid any costs incurred by the organisation and specified in the notice.
2: Where the approved organisation cannot identify the owner of the animal, an inspector or auxiliary officer acting for the approved organisation may—
a: after the animal has been in the custody of the organisation for at least 7 days,—
i: sell the animal; or
ii: find a home for the animal; or
iii: destroy or otherwise dispose of the animal in such manner as the inspector or auxiliary officer thinks fit:
aa: at any time, sell, re-home, or otherwise dispose of (including destroy) the animal in any manner that the inspector or auxiliary officer thinks fit if—
i: the animal is wild or unsocialised; and
ii: the animal is severely distressed; and
iii: in the opinion of a veterinarian, the animal’s distress is a direct result of being contained to the extent that it would be unreasonable and unnecessary to continue to contain the animal:
b: at any time, in any case where the animal is diseased or is suspected of being diseased and the inspector or auxiliary officer has reasonable grounds to believe that the welfare of other animals in the custody of the approved organisation would be compromised if the organisation were to continue to hold that animal in custody,—
i: sell the animal; or
ii: find a home for the animal; or
iii: destroy or otherwise dispose of the animal in such manner as the inspector or auxiliary officer thinks fit.
3: Where the approved organisation both identifies the owner of the animal and knows the address of the owner of the animal, the approved organisation must give to the owner a written notice informing the owner that the approved organisation is holding the animal in its custody and that, unless the owner, within 7 days of the receipt of that notice, claims the animal and pays any costs incurred by the approved organisation in caring for the animal or in providing veterinary treatment to the animal (being costs that the approved organisation wishes to claim), the approved organisation may—
a: sell the animal; or
b: find a home for the animal; or
c: destroy or otherwise dispose of the animal in such manner as the inspector or auxiliary officer thinks fit.
4: If the owner does not, within the period specified in the notice, claim the animal and pay any costs incurred by the approved organisation and specified in the notice, an inspector or auxiliary officer acting for the approved organisation may—
a: sell the animal; or
b: find a home for the animal; or
c: destroy or otherwise dispose of the animal in such manner as the inspector or auxiliary officer thinks fit.
5: Where an animal is sold under subsection (1B), (2), or (4)
6: In this section, the term animal
a: a native animal; or
b: stock within the meaning of section 2(1) Section 141(1A) inserted 10 May 2015 section 54(1) Animal Welfare Amendment Act (No 2) 2015 Section 141(1B) inserted 10 May 2015 section 54(1) Animal Welfare Amendment Act (No 2) 2015 Section 141(2)﻿(aa) inserted 10 May 2015 section 54(2) Animal Welfare Amendment Act (No 2) 2015 Section 141(5) amended 10 May 2015 section 54(3) Animal Welfare Amendment Act (No 2) 2015
142: Obligation to maintain register
1: An approved organisation must record in a register the numbers and types of animals sold, re-homed, destroyed, or otherwise disposed of under section 141
a: particulars of the date when custody of the animal was obtained and of the date when the animal was disposed of; and
b: a record of whether the animal was sold, re-homed, destroyed, or otherwise disposed of.
2: The records in relation to each animal must be kept for at least 1 year after the date on which the approved organisation obtained custody of the animal. Enforcement orders
143: Application for enforcement order
1: An inspector may apply to the District Court
a: this Act; or
b: any regulations made under this Act; or
c: a code of ethical conduct or conditions imposed by an animal ethics committee in giving its approval of a project.
2: Every application to the District Court
3: Subject to modification by sections 145 to 155 section 156 section 228 Section 143(1) amended 1 March 2017 section 261 District Court Act 2016 Section 143(2) amended 1 March 2017 section 261 District Court Act 2016 Section 143(3) replaced 1 March 2017 section 261 District Court Act 2016
144: Power to make enforcement order
The District Court section 143 Section 144 amended 1 March 2017 section 261 District Court Act 2016
145: Compliance with enforcement order
1: Where an enforcement order is made against a person, and that enforcement order is served on that person, that person must—
a: comply with the order; and
b: unless the order directs otherwise, pay all the costs and expenses of complying with the order.
2: If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the District Court,—
a: comply with the order on behalf of the person who fails to comply with the order and, for that purpose,—
i: enter, without warrant but with a constable
ii: enter, without warrant or a constable
b: exercise, in relation to any animal found upon that land or structure, any of the powers that a person executing a search warrant under section 131
c: after allowing for any money received under paragraph (a) or paragraph (b) from the sale of any animal, recover the costs and expenses of complying with the order and of selling or otherwise disposing of the animal as if those costs and expenses were a debt due from the person against whom the enforcement order was made.
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 a Section 145(2)﻿(a) substituted 27 September 2001 section 5 Animal Welfare Amendment Act 2001 Section 145(2)﻿(a)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 145(2)﻿(a)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 145(2)﻿(c) amended 19 December 2002 section 11(1) Animal Welfare Amendment Act 2002 Section 145(3) added 19 December 2002 section 11(2) Animal Welfare Amendment Act 2002 Section 145(3)﻿(c) amended 25 January 2005 section 65R(3) Public Finance Act 1989
146: Notification of application
1: Except as provided in section 148
2: Every notice required to be served under this section must be served within 7 working days after the date on which the application is filed in the District Court or within such further time as the District Court Section 146(2) amended 1 March 2017 section 261 District Court Act 2016
147: Right to be heard
Except as provided in section 148
a: the applicant; and
b: any person against whom the order is sought who wishes to be heard.
148: Temporary enforcement order
1: An enforcement order may be made on an application without notice if the District Court is satisfied that the delay that would be caused by proceeding on notice would or might entail a risk of harm to any animal.
2: An enforcement order made on an application without notice is a temporary order that, unless it is sooner discharged, becomes final by operation of law 3 months after the date on which it is made.
3: Where an enforcement order is made on an application without notice, the respondent may,—
a: notify the court that he or she wishes to be heard on whether a final order should be substituted for the temporary order; or
b: apply for the enforcement order to be discharged.
149: Coming into force of enforcement order
Every enforcement order comes into effect on the date on which it is served on the respondent or on such later date as is specified in the order.
150: Duration of enforcement order
1: A temporary enforcement order continues in force until—
a: the order becomes a final order in accordance with section 148
b: the order is discharged under section 151
2: A final enforcement order continues in force until it is discharged under section 151
151: Power to vary or discharge enforcement order
The District Court Section 151 amended 1 March 2017 section 261 District Court Act 2016
152: Offence to contravene enforcement order
1: A person commits an offence who contravenes an enforcement order.
2: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; or
b: in the case of a body corporate, to a fine not exceeding $125,000. Section 152(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
153: Appeals to High Court
1AA: This subsection applies to a decision of the District Court section 143
a: make or refuse to make an enforcement order; or
b: dismiss the proceedings; or
c: otherwise finally determine the proceedings.
1: A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
2: The High Court Rules 2016 sections 126 to 130 section 124
3: Section 153(1AA) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 153(1AA) amended 1 March 2017 section 261 District Court Act 2016 Section 153(1) substituted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 153(2) replaced 1 March 2017 section 261 District Court Act 2016 Section 153(3) repealed 1 January 2004 section 48(2) Supreme Court Act 2003
154: Appeals to Court of Appeal
1: A party to any appeal under section 153
2: On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had.
3: Section 154(3) repealed 1 January 2004 section 48(2) Supreme Court Act 2003
155: Effect of appeal
Except where the court making the order appealed from otherwise directs,—
a: the operation of an enforcement order is not suspended by an appeal under section 153 section 154
b: every enforcement order may be enforced in the same manner in all respects as if no such appeal were pending.
156: Rules of court
1: In addition to all other powers conferred by the District Court Act 2016
a: regulating the practice and procedure of the District Court
b: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act that relate to enforcement orders.
2: Rules under subsection (1)﻿(b) are secondary legislation ( see Part 3
3: As to rules referred to in subsection (1)﻿(a), see section 228 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 156(1) amended 1 March 2017 section 261 District Court Act 2016 Section 156(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 156(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 156(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Compliance notices Heading inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015
156A: Scope
1: An inspector may issue a compliance notice to a person.
2: A compliance notice may—
a: require the person to cease doing something that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or
b: prohibit the person from starting something that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or
c: prohibit the person from doing something again that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or
d: prohibit the person from having something done on the person's behalf that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or
e: prohibit the person from having something done on the person's behalf again that the inspector has good cause to suspect contravenes or is likely to contravene this Act or any regulations made under it; or
f: require the person to do something that the inspector reasonably believes is necessary to ensure that the person complies with this Act or any regulations made under it. 1993 No 95 s 154 Section 156A inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015
156B: Content
A compliance notice must state—
a: the name of the person to whom it is issued; and
b: the reasons why the inspector issued it; and
c: the requirement or prohibition in section 156A(2)
d: one of the following:
i: for a requirement, the period, if any, within which the requirement must be achieved, which must start on the day on which the notice is served and end after a time that is reasonable for the achievement of the requirement; or
ii: for a prohibition, the time and date, if any, from which the prohibition is to take effect; and
e: the conditions, if any, imposed by the inspector; and
f: the consequences of not complying with the notice; and
g: the rights of appeal in section 156F
h: the name and address of the agency whose inspector issued the notice. 1993 No 95 s 154A Section 156B inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015
156C: Service
1: An inspector who issues a compliance notice must ensure that it is served on the person to whom it is issued.
2: Without limiting section 185
a: delivering it personally to the person:
b: delivering it to the person at the person's usual or last-known place of residence or business:
c: sending it by fax or email to the person's fax number or email address:
d: posting it in a letter addressed to the person at the person's usual or last-known place of residence or business.
3: The following provisions apply to service as described in subsection (2):
a: service on an officer of a body, or on the body's registered office, is deemed to be service on the body:
b: service on any of the partners in a partnership is deemed to be service on the partnership:
c: service by post is deemed to occur at the time at which the notice would have been delivered in the ordinary course of the post. 1993 No 95 s 154B Section 156C inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015
156D: Compliance
The person to whom a compliance notice is issued must—
a: comply with the notice; and
b: do so within the period stated in the notice, if a period is stated; and
c: pay all the costs and expenses of complying with the notice, unless the order states otherwise. 1993 No 95 s 154C Section 156D inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015
156E: Change or cancellation
1: A compliance notice may be changed or cancelled under subsection (2) or cancelled under subsection (3) by the Director-General.
2: If the Director-General receives a written application from the person to whom the notice was issued to change or cancel the notice, the Director-General—
a: must consider the application as soon as practicable and in any event within 10 working days after the date on which the application is received, having regard to—
i: the purpose for which the notice was issued; and
ii: the effect of a change or cancellation on the purpose; and
iii: any other matter he or she thinks fit:
b: may confirm, change, or cancel the notice:
c: must give the person to whom the notice was issued written notice of the confirmation, change, or cancellation.
3: The Director-General—
a: may cancel the notice if he or she considers that the notice is no longer required; and
b: must give the person to whom the notice was issued written notice of the cancellation.
4: An application to change or cancel a compliance notice does not operate as a stay of the notice. 1993 No 95 s 154D Section 156E inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015
156F: Appeal to District Court
1: The following persons may appeal to the District Court
a: the person to whom a compliance notice was issued under section 156A
b: a person whose application under section 156E(2)
2: The appeal does not operate as a stay of the compliance notice.
3: The person may apply to the court for a stay of the compliance notice pending the court's decision on the appeal.
4: The court must consider the application for a stay as soon as practicable after the application for it is lodged.
5: The court must consider—
a: whether to hear—
i: the person:
ii: the Director-General; and
b: the likely effect on animal welfare of granting a stay; and
c: whether it is unreasonable for the person to comply with the compliance notice pending the decision on the appeal; and
d: any other matters that the court thinks fit.
6: The court may grant or refuse a stay and may impose any terms or conditions that the court thinks fit.
7: The stay has legal effect once a copy of it is served on the Director-General.
8: The stay remains in force until the District Court orders it lifted.
9: The rules of procedure under the District Court Act 2016
10: The District Court may confirm, change, or cancel the compliance notice appealed against. 1993 No 95 s 154E Section 156F inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015 Section 156F(1) amended 1 March 2017 section 261 District Court Act 2016 Section 156F(9) amended 1 March 2017 section 261 District Court Act 2016
156G: Appeal to High Court, Court of Appeal, or Supreme Court
1: A party to an appeal under section 156F
2: The High Court Rules 2016 sections 126 to 130
a: as if it were an appeal under section 124
b: with all necessary modifications.
3: A party to an appeal under subsection (1) may appeal to the Court of Appeal or the Supreme Court against a determination of the High Court on a question of law, with the leave of the court appealed to, and subject to section 75
4: The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had. 1993 No 95 s 154F Section 156G inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015 Section 156G(2) amended 1 March 2017 section 261 District Court Act 2016 Section 156G(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 156G(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 156G(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016
156H: Effect of appeal
An appeal under section 156F 156G
a: the Director-General whose compliance notice is appealed against must not cancel the notice while the notice is the subject of an appeal or while the time for the person's appeal rights is running; and
b: the person who appeals must comply with the notice if compliance is required as the result of the person exercising the person's appeal rights. 1993 No 95 s 154G Section 156H inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015
156I: Penalties for non-compliance with compliance notice
1: A person commits an offence who, without reasonable excuse, fails to comply with any requirement made or prohibition imposed under section 156A
2: A person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000.
3: An offence against this section is also an infringement offence. Section 156I inserted 10 May 2015 section 55 Animal Welfare Amendment Act (No 2) 2015 Section 156I(3) inserted 9 May 2020 section 56 Animal Welfare Amendment Act (No 2) 2015 Miscellaneous provisions
157: Offenders to give name and address
1: An inspector may request any person to give his or her full name, address, and date of birth—
a: if that person has been found offending against this Act or any regulations made under this Act; or
b: if the inspector has reasonable grounds to believe that that person has committed an offence against this Act or any regulations made under this Act.
2: If the inspector believes on reasonable grounds that any details given to the inspector under subsection (1) are false or misleading, the inspector may request the person to give to the inspector such verification of those details as it is reasonable in the circumstances to require the person to provide.
3: If any person, without reasonable excuse, refuses or fails to comply with a request made under subsection (1) or subsection (2) and persists in the refusal or failure after being warned by the inspector of the provisions of this subsection, any inspector who is a constable
4: A person commits an offence who, without reasonable excuse,—
a: fails to comply with a request made under subsection (1) or (2); or
b: gives to an inspector, in response to a request made under subsection (1) or (2), particulars that are false in a material respect.
5: A person who commits an offence against subsection (4) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000. 1960 No 30 s 17(1) Section 157(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 157(4) replaced 10 May 2015 section 57 Animal Welfare Amendment Act (No 2) 2015 Section 157(5) inserted 10 May 2015 section 57 Animal Welfare Amendment Act (No 2) 2015
158: Protection of persons acting under authority of Act
1: No inspector, auxiliary officer, accredited reviewer, or person assisting an inspector or constable
2: Any liability that would but for this section lie against an inspector or auxiliary officer, or a person assisting an inspector or constable 1960 No 30 s 14 Section 158(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 158(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Offences
159: Obstruction of inspector or auxiliary officer
1: A person commits an offence who wilfully obstructs or hinders an inspector or auxiliary officer in the exercise of the inspector's or auxiliary officer's powers or in the performance of the inspector's or auxiliary officer's duties under this Act.
2: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000 or to both; or
b: in the case of a body corporate, to a fine not exceeding $25,000. 1960 No 30 s 18; 1978 No 63 s 4; 1993 No 19 s 3(1) Section 159(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
160: Impersonating inspector or auxiliary officer
1: A person commits an offence who,—
a: not being an inspector appointed under this Act, describes himself or herself or otherwise holds himself or herself out as being an inspector appointed under this Act; or
b: not being an auxiliary officer appointed under this Act, describes himself or herself or otherwise holds himself or herself out as being an auxiliary officer appointed under this Act.
2: A person who commits an offence against subsection (1) is liable on Section 160(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
8: Offences
Infringement offences
161: Infringement offences
1: If a person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 162
2: Despite section 21(1) Section 161(1)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 161(2) inserted 10 May 2015 section 58 Animal Welfare Amendment Act (No 2) 2015
162: Infringement notices
1: If an inspector has reasonable cause to believe that a person has committed an infringement offence, an infringement notice may be issued to that person by the inspector.
2: An infringement notice may be served—
a: by delivering it personally to the person who appears to have committed the infringement offence; or
b: by sending it by post addressed to the person at the person's last known place of residence or business.
3: An
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee (being an amount not exceeding $1,000 prescribed by regulations made under this Act); and
c: the address or addresses at which the infringement fee may be paid; and
d: the time within which the infringement fee may be paid; and
e: a summary of the provisions of section 21(10)
f: a statement of the right of the person served with the notice to request a hearing; and
g: a statement of the consequences if the person served with the notice does not pay the fee and does not request a hearing; and
h: such other particulars as are prescribed.
5: If an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 162(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 162(4)﻿(b) replaced 10 May 2015 section 59 Animal Welfare Amendment Act (No 2) 2015
163: Payment of infringement fees
All infringement fees are payable to the Director-General, and the Director-General must pay all infringement fees received into a Section 163 amended 25 January 2005 section 65R(3) Public Finance Act 1989 Further provisions relating to offences
164: Liability of employers and principals
1: Subject to subsection (3), where any offence is committed against this Act or any regulations made under this Act by a person as the employee of another person, that offence must, for the purposes of this Act, be treated as committed by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval.
2: Where an offence is committed against this Act or any regulations made under this Act by a person acting as the agent of another person, that offence must, for the purposes of this Act, be treated as committed by that other person as well as by the first-mentioned person, unless it is done without that other person's express or implied authority.
3: In any proceedings for an offence against this Act or any regulations made under this Act against any person in respect of any offence alleged to have been committed against this Act or any regulations made under this Act by an employee of that person, it is a defence for that person to prove,—
a: in the case of a natural person,—
i: that he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed and that he or she took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or
ii: that he or she took such steps as were reasonably practicable to prevent the commission of the offence and that he or she took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred:
b: in the case of a body corporate,—
i: that neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and
ii: the body corporate took such steps as were reasonable in all the circumstances to investigate or remedy the effects of the action or event after it occurred.
165: Liability of directors and officers of bodies corporate
Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is guilty of the like offence if it is proved—
a: that the act that constituted the offence took place with his or her authority, permission, or consent; or
b: that he or she knew or should have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
166: Evidence in proceedings
1: In any proceedings for an offence against this Act, a certificate purporting to be signed by the Director-General and stating that a person named in the certificate is an inspector appointed under section 124 section 125
a: is admissible in evidence; and
b: is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it.
2: The production of a certificate for the purposes of this section purporting to be signed by the Director-General is prima facie evidence of the certificate without proof of the signature of the person purporting to have signed it.
3: A certificate referred to in subsection (1) is admissible in evidence only if,—
a: at least 14 days before the hearing at which the certificate is to be tendered, a copy of that certificate is served, by or on behalf of the prosecutor, on the defendant or the defendant's agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certificate as a witness at the hearing; and
b: the court has not, on the application of the defendant made not less than 7 days before the hearing, ordered, not less than 4 days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the certificate should not be admissible as evidence in the proceedings.
4: The court may not make an order under subsection (3)﻿(b) unless the court is satisfied that there is a reasonable doubt as to the accuracy or validity of the relevant certificate. 1991 No 18 s 29
167: Time for filing charging document for offence against section 54 or 130
1: Despite anything to the contrary in section 25 section 54 130
2: Nothing in subsection (1) affects the application of section 25 Section 167 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
168: Inspector may conduct proceedings
1: Subsection (2) applies if proceedings have been commenced by—
a: the filing of a charging document in the name of an inspector; or
b: the filing of a notice under section 21
2: Despite section 10 Section 168 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
168A: Burden of proof of reasonable excuse
In proceedings for an offence against any of sections 14 21 22 23 34 35 36 54 130
a: the prosecutor need not assert absence of reasonable excuse in the charging document; and
b: the burden of proving that the defendant had a reasonable excuse lies on the defendant. Section 168A inserted 1 July 2013 section 413 Criminal Procedure Act 2011
169: Court may disqualify person from owning or exercising authority in respect of animals
1: This section applies if a person is convicted of an offence against—
a: any section in Part 1 2
b: section 152(1)
c: section 169B(1)
2: This section also applies if a person is charged with an offence against any enactment specified in subsection (1) and is found unfit to stand trial (under the Criminal Procedure (Mentally Impaired Persons) Act 2003
3: If this section applies in relation to a person, the court may (in addition to or in substitution for any other penalty or order) make an order disqualifying that person for any period that it thinks fit from being the owner of, or exercising authority over, or being the person in charge of,—
a: an animal or animals of a particular kind or description; or
b: animals generally.
4: In considering whether to make an order under subsection (3), the court must have regard to—
a: the purposes of Parts 1 2
b: the maximum penalty specified for the charge from which the conviction arose; and
c: the seriousness of the offending, including (without limitation) the nature and gravity of the harm, the number of animals involved, and the frequency of the offending; and
d: the character of the person; and
e: the previous offending history (if any) of the person; and
f: any other circumstances of the case.
5: In making an order under subsection (3), the court may also specify a minimum disqualification period. Section 169 replaced 10 May 2015 section 60 Animal Welfare Amendment Act (No 2) 2015
169A: Disqualified person may apply to court for removal or variation of disqualification
1: A person who is disqualified under section 169(1)
2: A person may not apply under subsection (1)
a: the expiry of the minimum disqualification period, if there is one; or
b: if there is no minimum disqualification period, the expiry of 2 years from the date of the disqualification order.
3: The court may order that, as from a date specified in the order, the disqualification be removed or varied, or that the application be refused.
4: In deciding an application under this section, the court may have regard to—
a: the matters specified in section 169(4)
b: the applicant's conduct since the disqualification order was made.
5: If the court varies the disqualification or refuses the application, the person who is disqualified may not re-apply under subsection (1) before the expiry of 12 months after the date of the order of variation or the refusal. Section 169A inserted 7 July 2010 section 7 Animal Welfare Amendment Act 2010 Section 169A(4) replaced 10 May 2015 section 61 Animal Welfare Amendment Act (No 2) 2015
169B: Offence of contravening disqualification order
1: A person commits an offence if the person contravenes a disqualification order made under section 169(3)
2: A person who commits an offence against subsection (1) is liable on
a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000 or to both:
b: in the case of a body corporate, to a fine not exceeding $350,000.
3: In subsection (1) order section 169A Section 169B inserted 7 July 2010 section 7 Animal Welfare Amendment Act 2010 Section 169B(1) replaced 10 May 2015 section 62 Animal Welfare Amendment Act (No 2) 2015 Section 169B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
170: Liability for damage
1: If a person is convicted of an offence against this Act, the court may order that that person pay to any other person such sum as the court thinks fit by way of compensation for any loss of property suffered by that second-mentioned person through or by means of the offence.
2: An order for a payment under this section may be enforced in the same manner as a fine.
3: An order under this section does not affect the right of a person to recover by civil proceedings any sum in excess of the amount paid under the order. 1960 No 30 s 15
171: Application of fines recovered in respect of offences
Where proceedings for an offence against any provision of this Act are instituted by an inspector appointed under section 124(2) 1960 No 30 s 15A; 1964 No 76 s 3
172: Power of court to order that certain animals be forfeited to the Crown
or approved organisation
1: The court convicting a person (the offender
a: if it thinks it desirable for the protection of the animal or animals in question, order that any or all of the following animals be forfeited to the Crown or to an approved organisation:
i: the animal or animals to which the charge relates and of which the offender is the owner:
ii: any other animals at the date of conviction owned by the offender:
b: if it thinks it desirable, order that any proceeds of sale of the animal retained under section 136A
1A:
2: If a court finds that a person is unfit to stand trial for an offence against this Act in respect of an animal or animals, the court may make any order provided for in subsection (1) as if it had convicted the person of the offence.
3: If an animal is forfeited to the Crown or an approved organisation under this section,—
a: in the case of a person found unfit to stand trial, the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved organisation in caring for the animal or animals or providing veterinary treatment to that animal or those animals), and the Ministry or approved organisation, as the case may be, must pay the proceeds of sale to the owner as soon as practicable:
b: in any other case, the animal may be sold or otherwise disposed of as the Minister or the approved organisation, as the case may be, thinks fit. 1960 No 20 s 16A; 1978 No 63 s 2(1) Section 172 heading amended 7 July 2010 section 9(1) Animal Welfare Amendment Act 2010 Section 172(1) replaced 1 October 2012 section 198 Search and Surveillance Act 2012 Section 172(1A) repealed 1 October 2012 section 198 Search and Surveillance Act 2012 Section 172(2) replaced 10 May 2015 section 63 Animal Welfare Amendment Act (No 2) 2015 Section 172(3) inserted 10 May 2015 section 63 Animal Welfare Amendment Act (No 2) 2015
173: Expenses incurred by inspectors and territorial authorities
1: All expenses reasonably incurred by any person as a result of the exercise of any of the powers conferred by section 53 section 127(5) to (7) section 131 section 133(2) to (4) section 137 section 138
2: All expenses reasonably incurred by a territorial authority in destroying an animal under section 139
3: Those expenses are recoverable as a debt or, where the person from whom they are recoverable is convicted of an offence against this Act in respect of the animal, may be assessed by the court and be recoverable from the defendant in the same manner as a fine. 1960 No 30 s 13; 1962 No 55 s 3
174: Certain offences against Dog Control Act 1996 to be treated as offences against this Act
For the purposes of this Part, and sections 169 170 172 173 section 54 Part 1 1960 No 30 s 8A; 1996 No 13 s 79
9: Miscellaneous provisions
Exceptions in relation to hunting or killing Heading repealed 10 May 2015 section 64 Animal Welfare Amendment Act (No 2) 2015
175: Hunting or killing
Section 175 repealed 10 May 2015 section 64 Animal Welfare Amendment Act (No 2) 2015
176: Hunting in safari parks
Section 176 repealed 10 May 2015 section 64 Animal Welfare Amendment Act (No 2) 2015
177: Captured animals
Section 177 repealed 10 May 2015 section 64 Animal Welfare Amendment Act (No 2) 2015
178: Certain provisions relating to traps and devices not excluded
Section 178 repealed 10 May 2015 section 64 Animal Welfare Amendment Act (No 2) 2015 Exceptions in relation to use of animals to protect human health or safety
179: Use of animals to protect human health or safety
Nothing in this Act makes it unlawful for any person belonging to, or acting on behalf of, any of the agencies listed in Schedule 3
180: Power to amend Schedule 3 by Order in Council
1: The Governor-General may from time to time, by Order in Council,—
a: amend Schedule 3
i: the name of any government department:
ii: the name of any Crown entity within the meaning of section 2(1)
iii: the name of any body established by a public Act of Parliament or by an Order in Council made under a public Act of Parliament:
b: make such amendments to Schedule 3
i: to recognise the abolition or dissolution of any agency or body or any alteration in the name of any agency or body; or
ii: to correct any error or omission in any previous exercise of the powers conferred by this subsection:
c: amend Schedule 3
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 180(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Exception in relation to agricultural compounds and hazardous substances
181: Agricultural compounds and hazardous substances
Nothing in this Act applies in relation to the use of—
a: any agricultural compound that—
i: is registered under the Agricultural Compounds and Veterinary Medicines Act 1997
ii: is used in accordance with the conditions subject to which it is registered; or
b: any hazardous substance that—
i: is approved under the Hazardous Substances and New Organisms Act 1996
ii: is used in accordance with the controls that attach to the substance by virtue of its hazard classification under that Act. Recovery of costs
182: Criteria in relation to recovery of costs
1: The Minister must, in recommending to the Governor-General in Council the making of regulations under section 183(1)﻿(e)
2: For the purposes of subsection (1), the costs of administering this Act do not include those costs that are recovered in departmental revenue (within the meaning of the Public Finance Act 1989
3: In determining appropriate mechanisms (to be recommended for inclusion in regulations made under section 183(1)﻿(e)
a: the costs of the function or service in a 2-year period; and
b: any shortfall in the recovery of the costs in the preceding 2-year period— exceeds any over-recovery of costs in respect of the preceding 2-year period.
4: Regulations made under section 183(1)﻿(e)
a: fixed charges:
b: charges fixed on an hourly or other unit basis:
c: estimated charges paid before the provision of the service or performance of the function followed by reconciliation and an appropriate payment or refund after provision of the service or performance of the function:
d: actual and reasonable charges:
e: refundable or non-refundable deposits paid before provision of the service or performance of the function:
f: charges imposed on users of services or third parties:
g: liens on property in the possession of the Crown. 1993 No 95 s 135 Section 182(1) amended 10 May 2015 section 65 Animal Welfare Amendment Act (No 2) 2015 Section 182(3) amended 10 May 2015 section 65 Animal Welfare Amendment Act (No 2) 2015 Section 182(4) amended 10 May 2015 section 65 Animal Welfare Amendment Act (No 2) 2015 Regulations
183: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the forms of search warrants, infringement notices, and other documents required under this Act:
b: prescribing standards and policies that must be included in every code of ethical conduct:
c: requiring every code holder (as defined in subsection (2)) to collect, and maintain, and to provide to the Director-General or to an inspector, information in relation to—
i: the numbers and types of projects undertaken by the code holder:
ii: the numbers and species of animals used:
iii: the severity of the manipulation of the animals:
iiia: the killing of animals that were bred, but not used, for the purposes of research, testing, and teaching:
iv: such other matters in relation to the research, testing, or teaching carried out under the code of ethical conduct as are specified in the regulations:
d: prescribing matters to which animal ethics committees must have regard in considering, under section 100
da: declaring any substance, mixture of substances, or thing to be, or not to be, a cosmetic for the purpose of the definition of cosmetic in section 2(1)
e: prescribing matters in respect of which costs are recoverable under this Act and the regulations made under this Act, the amounts of those costs or the method by which they are to be assessed, the persons liable for payment of the costs, and the circumstances in which the recovery of costs may be remitted or waived (in whole or in part):
f: prescribing, for the purposes of proceedings in relation to enforcement orders, the matters in respect of which fees are payable under this Act:
g: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act:
h: prescribing the offences created by or under this Act that constitute infringement offences for the purposes of this Act, and prescribing infringement fees not exceeding $1,000 for each infringement offence, which may be different fees for different offences (including different fees for a first or second or third offence):
i: prescribing penalties for offences against regulations made under this Act, not exceeding,—
i: in the case of an individual, a fine not exceeding $5,000; or
ii: in the case of a body corporate, a fine not exceeding $25,000:
j: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: In subsection (1)﻿(c), the term code holder section 84 section 85 section 118(1) section 192(4)
3: Regulations under this section are secondary legislation ( see Part 3 1960 No 30 ss 19A, 19B, 20; 1971 No 48 s 5; 1983 No 141 ss 6, 7; 1987 No 20 s 3(2); 1993 No 19 s 3(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 183(1)﻿(c)﻿(iiia) inserted 10 May 2015 section 66(1) Animal Welfare Amendment Act (No 2) 2015 Section 183(1)﻿(da) inserted 10 May 2015 section 66(2) Animal Welfare Amendment Act (No 2) 2015 Section 183(1)﻿(h) inserted 10 May 2015 section 66(3) Animal Welfare Amendment Act (No 2) 2015 Section 183(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
183A: Regulations relating to standards of care
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing standards or requirements for the purposes of giving effect to Parts 1 2 sections 30A to 30E
i: animal welfare standards or requirements relating to the care of animals by owners or persons in charge of animals:
ii: animal welfare standards or requirements relating to the conduct of those persons towards animals owned by them or in their charge:
iii: the prohibition of specified things or activities:
b: establishing any minimum standard that could be established under Part 5
2: Without limiting the generality of subsection (1), regulations made under this section may prescribe standards or requirements that do not fully meet—
a: the obligations of section 10 11
b: the obligations that a person would need to observe in the treatment, transport, or killing of animals if that person were to avoid committing an offence against section 12(c) 21(b) 22(2) 23(1) 29(a)
3: The Minister must not recommend the making of regulations in reliance on subsection (2) unless he or she is satisfied that either or both of the following apply:
a: any adverse effects of a change from current practices to new practices have been considered and there are no feasible or practical alternatives currently available:
b: not to do so would result in an unreasonable impact on a particular industry sector within New Zealand, a sector of the public, or New Zealand’s wider economy.
4: In deciding whether any impact is unreasonable under subsection (3)﻿(b), the Minister must have regard to the welfare of any affected animals.
5: Any regulations made in reliance on subsection (2) in accordance with the considerations in subsection (3) must provide for the regulations to be in force for a period of time specified in the regulations (the specified period
a: is reasonably necessary to enable a transition from current practice to a practice that fully meets the obligations specified in subsection (2)﻿(a) and (b); and
b: does not exceed 10 years (which period may, however, be extended once under subsection (6)).
6: The specified period may be extended once only by up to 5 years by regulations made under this subsection on the recommendation of the Minister if he or she is satisfied that the majority of participants in the sector concerned—
a: have made significant progress towards implementing compliant practice; and
b: cannot reasonably be expected to become compliant before the close of the specified period, taking into account the steps that still need to be completed for implementation of compliant practice; and
c: will become compliant within the extended period.
7: Despite subsections (3) to (6), if the Minister considers that requiring a practice to fully meet the obligations specified in subsection (2)﻿(a) and (b) would impose an unjustifiable limitation on the requirements of a religious or cultural practice, the Minister may recommend the making of regulations in reliance on subsection (2) for an indefinite period subject to review at 10-yearly intervals or shorter intervals specified in the regulations.
8: In reaching a decision not to recommend the making of regulations in reliance on subsection (2), the Minister may consider any factors that the Minister thinks would make such regulations contrary to New Zealand's overall interests (including, without limitation, health, social, economic, international, or environmental interests).
9: Nothing in this section obliges the Minister to recommend the making of regulations in reliance on subsection (2).
10: The Minister must consult the National Animal Welfare Advisory Committee before recommending the making of any regulations under this section (other than regulations already proposed by the Committee), but nothing in sections 71 to 75
11: If a person does or omits to do anything in reliance on regulations made under subsection (2) that would otherwise be a contravention of, or failure to comply with, any provision of Part 1 2
12: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 183A inserted 10 May 2015 section 67 Animal Welfare Amendment Act (No 2) 2015 Section 183A(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
183B: Regulations relating to surgical and painful procedures
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for all or any of the following purposes:
a: prohibiting specified surgical procedures or painful procedures from being performed on animals:
b: prescribing requirements in relation to the performance of specified surgical or painful procedures on animals, including (without limitation) regulations that prescribe—
i: the classes of persons who may carry out a specified procedure:
ii: any skills, qualifications, approval, or experience that must be held by a person before he or she is authorised to carry out specified procedures:
iii: the types of pain relief or medication to be used for specified procedures:
iv: the forms of restraint and equipment to be used for specified procedures:
v: the procedures that may be performed only if in the best interests of the animal:
vi: any other standards or restrictions necessary to ensure the welfare of animals during the procedures:
c: declaring that any specified surgical procedure is not a significant surgical procedure for the purposes of this Act.
2: Before recommending the making of regulations under this section, the Minister must have regard to—
a: whether the procedure has the potential to—
i: cause significant pain or distress; or
ii: cause serious or lasting harm, or loss of function, if not carried out by a veterinarian in accordance with recognised professional standards; and
b: the nature of the procedure, including whether this involves—
i: a surgical or operative procedure below the surface of the skin, mucous membranes, or teeth or below the gingival margin; or
ii: physical interference with sensitive soft tissue or bone structure; or
iii: significant loss of tissue or loss of significant tissue; and
c: the purpose of the procedure; and
d: the extent (if any) to which the procedure is established in New Zealand; and
e: good practice in relation to the use of the procedure for animal management purposes or in relation to the production of animal products or commercial products; and
f: the likelihood of the procedure being managed adequately by codes of welfare or other instruments under this Act; and
g: any other matter the Minister considers relevant.
3: The Minister must consult the National Animal Welfare Advisory Committee before recommending the making of regulations under this section (other than regulations proposed by the Committee).
4: In the absence of evidence to the contrary, a particular procedure is presumed to be a surgical procedure or a painful procedure if regulations are made in respect of the procedure under this section.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 183B inserted 10 May 2015 section 67 Animal Welfare Amendment Act (No 2) 2015 Section 183B(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
183C: Regulations relating to exporting animals
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations prescribing requirements and other matters relating to the exportation of animals, including (without limitation) requirements or matters relating to—
a: the species, age, number, and fitness of animals:
b: the duration and date of journeys:
c: the transport vehicles and associated facilities (such as loading and unloading equipment):
d: the purpose of the exportation:
e: pre-conditions required to be satisfied before travel:
f: the people accompanying the animals:
g: pre-loading facilities:
h: reporting and independent monitoring.
2: Any regulations made under subsection (1) may prohibit, either absolutely or conditionally, any specified type of exportation of animals.
3: Any regulations imposing any conditional prohibition on a specified type of exportation of animals may—
a: require that the prior approval of the Director-General be obtained before exportation:
b: authorise him or her to impose conditions on any exportation:
c: set out criteria applying to the granting of approval and describe the types of conditions that may be imposed.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 183C inserted 10 May 2015 section 67 Animal Welfare Amendment Act (No 2) 2015 Section 183C(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Consultation
184: Consultation
1: The Minister must consult, to the extent that is reasonably practicable, having regard to the circumstances of the particular case, the persons the Minister has reason to believe are representative of interests likely to be substantially affected by a proposed Order in Council or proposed regulations before deciding whether to recommend—
a: the making of an Order in Council under—
i: section 2(1) animal device trap
ii:
iii:
iv: section 32(1) or (6)
v: section 200(4)
vi: section 202(5)
b: the making of regulations under—
i: section 183(1)﻿(b), (d), or (e)
ii: section 183A
iii: section 183B
iv: section 183C
2: Subsection (1) does not apply in respect of an Order in Council or regulations if—
a: the Minister considers it desirable in the public interest that the Order in Council or regulations be made urgently; or
b: in the case of regulations recommended by the National Animal Welfare Advisory Committee under section 74(2)﻿(d)
i: the Committee has consulted on the subject matter of the proposed regulations under section 71(1)
ii: the Minister has not yet issued the relevant draft code of welfare.
3: A failure to comply with subsection (1) does not affect the validity of any Order in Council or regulations made under this Act. Section 184(1) replaced 10 May 2015 section 68(1) Animal Welfare Amendment Act (No 2) 2015 Section 184(1)﻿(a)﻿(ii) repealed 9 May 2021 section 68(2) Animal Welfare Amendment Act (No 2) 2015 Section 184(1)﻿(a)﻿(iii) repealed 9 May 2021 section 68(2) Animal Welfare Amendment Act (No 2) 2015 Section 184(2) replaced 10 May 2015 section 68(1) Animal Welfare Amendment Act (No 2) 2015 Consolidation of secondary legislation or published instruments Heading inserted 30 November 2022 section 9 Statutes Amendment Act 2022
184A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister, the Director-General, or the Minister of Conservation (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see section 67 Other instruments made by same maker with same publishing requirements
2: The Minister or the Director-General (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48
a: revoke any specific instruments that have been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument section 5 maker specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made. Section 184A inserted 30 November 2022 section 9 Statutes Amendment Act 2022 Notices
185: Service of notices
1: Any notice or other document required or authorised by this Act to be served on or given to any person must be in writing and is sufficiently served or given if—
a: it is delivered to that person; or
b: it is left at that person's usual or last known place of abode or business or at an address specified for that purpose in any document received from that person; or
c: it is posted in a letter addressed to that person by name at that place of abode or business or address.
2: If the person is absent from New Zealand, the notice or other document may be served on or given to the person's agent in New Zealand.
3: If the person is deceased, the notice or other document may be served on or given to the person's personal representatives.
4: If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in such manner as may be directed by an order of the District Court
5: If any such notice or other document is sent to any person by post, it is, unless the contrary is shown, deemed to have been delivered to the person on the 7th day after the day on which it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.
6: Despite anything in subsections (1) to (5), the District Court
7: This section does not apply to notices or other documents served or given in any proceedings in any court. Section 185(4) amended 1 March 2017 section 261 District Court Act 2016 Section 185(6) amended 1 March 2017 section 261 District Court Act 2016 Transitional provisions
186: Advisory committees
1: The Animal Welfare Advisory Committee, appointed under section 13 of the Ministry of Agriculture and Fisheries Act 1953, is deemed to have continued in being throughout the period beginning on 1 July 1995 and ending with the commencement of this Act as if—
a: throughout the period beginning on 1 July 1995 and ending with the close of 28 February 1998, it had been appointed, and its functions had been defined, by the Minister of Agriculture under section 21(1)
b: throughout the period beginning on 1 March 1998 and ending with the commencement of this Act, it had been appointed, and its functions had been defined, by the Minister of Agriculture under section 18(1)
2: On the commencement of this Act,—
a: the Animal Welfare Advisory Committee referred to in subsection (1); and
b: the National Animal Ethics Advisory Committee appointed under section 19A of the Animals Protection Act 1960,— are dissolved.
187: Transitional provisions relating to membership of committees
1: Every person who, immediately before the commencement of this Act, held office as a member of the Animal Welfare Advisory Committee referred to in section 186(1) section 56 clause 2
2: Every person who, immediately before the commencement of this Act, held office as a member of the National Animal Ethics Advisory Committee, appointed under section 19A(5) of the Animals Protection Act 1960, is a member of the National Animal Ethics Advisory Committee established by section 62 clause 2
188: Transitional provisions relating to inspectors
1: Every person who, immediately before the commencement of this Act, held office as an inspector under section 9(1) of the Animals Protection Act 1960 is an inspector for the purposes of this Act until he or she dies, or resigns, or his or her appointment is revoked by the Director-General.
2: Every person who, immediately before the commencement of this Act, held office as an inspector under section 9(2) of the Animals Protection Act 1960 is deemed to be an inspector for the purposes of this Act until the expiry of the term for which that person was appointed (unless that person sooner dies or resigns or is removed from office under section 124(6)﻿(b)
189: Transitional provision relating to approved organisations
1: The organisation known as the Royal New Zealand Society for the Prevention of Cruelty to Animals, Incorporated is an approved organisation for the purposes of this Act.
2: Despite subsection (1), the Minister may at any time, by notice in the Gazette
3: Subsection (1) does not limit the power of the Minister to revoke the approval of the Royal New Zealand Society for the Prevention of Cruelty to Animals, Incorporated as an approved organisation if the Minister is satisfied that the organisation—
a: no longer meets any 1 or more of the criteria set out in section 122(1)
b: has failed to comply with any condition imposed under subsection (2).
4: The Minister may from time to time, by notice in the Gazette
a: revoke any condition imposed under subsection (2):
b: revoke any condition imposed under subsection (2), and impose another condition in its place:
c: amend any condition imposed under subsection (2) or this subsection.
190: Transitional provision relating to
branch and member
1: Any incorporated society that is a branch or member of
a: for appointment under section 124
b: for appointment under section 125
2: Where any person is appointed as an inspector or auxiliary officer in accordance with a recommendation made under subsection (1) by an incorporated society to which that subsection applies, that incorporated society is deemed while—
a: it continues to be a branch or member of
b: the Royal New Zealand Society for the Prevention of Cruelty to Animals, Incorporated continues to be an approved organisation for the purposes of this Act; and
c: any person appointed in accordance with a recommendation made under subsection (1) by that incorporated society continues to hold office as an inspector or auxiliary officer,— to be an approved organisation for the purposes of sections 53(2)﻿(a) 101(6) 126(2) 127(6)﻿(a) 133(3)﻿(a) 141 142 171 172 Section 190 heading amended 27 September 2001 section 6(2) Animal Welfare Amendment Act 2001 Section 190(1) amended 27 September 2001 section 6(1) Animal Welfare Amendment Act 2001 Section 190(2)﻿(a) amended 27 September 2001 section 6(1) Animal Welfare Amendment Act 2001
191: Deemed codes of welfare
Section 191 repealed 10 May 2015 section 69 Animal Welfare Amendment Act (No 2) 2015
192: Codes of ethical conduct
1: Where a code of ethical conduct that has been approved by the Minister under section 19A of the Animals Protection Act 1960 is in force on the commencement of this Act,—
a: that code,—
i: if approved by the Minister before 31 December 1990, is deemed to have been approved by the Director-General under section 91
ii: if approved by the Minister in the period beginning on 1 January 1991 and ending with the close of 31 December 1994, is deemed to have been approved by the Director-General under section 91
iii: if approved by the Minister after 31 December 1994, is deemed to have been approved by the Director-General under section 91
b: the code holder in respect of any such code—
i: is deemed to be the person who applied for and obtained, under section 19A of the Animals Protection Act 1960, the Minister's approval of that code of ethical conduct; and
ii: is deemed, for the purposes of section 105(3)
2: Sections 95 96 section 2(1)
3: Despite subsection (1), where a code of ethical conduct to which that subsection applies contains a provision that would be outside the scope of a code of ethical conduct approved by the Director-General under section 91
4: Where, at the commencement of this Act, a person (other than a code holder in respect of a code of ethical conduct to which subsection (1) applies) is carrying out research, testing, or teaching without having a code of ethical conduct approved under section 19A of the Animal Protection Act 1960 but is having each of that person's projects approved by an animal ethics committee appointed by such a code holder, that person may, for the period for which the code holder's code of ethical conduct is deemed to be approved under section 91
a: is approved by that animal ethics committee; and
b: is carried out in accordance with that code of ethical conduct.
5: Where a code of ethical conduct is deemed by subsection (1)﻿(a) to have been approved by the Director-General under section 91
a: each project carried out by that person is approved by an animal ethics committee appointed by the person who is the code holder in respect of that code of ethical conduct; and
b: the arrangements in relation to the research, testing, or teaching are agreed on by that person, the code holder in respect of that code of ethical conduct, and the animal ethics committee appointed by that code holder; and
c: the code holder in respect of that code of ethical conduct, before the research, testing, or teaching is commenced, gives to the Director-General written notice of the arrangements for the research, testing, or teaching.
193: Animal ethics committees
1: Where a code holder in respect of a code of ethical conduct to which section 192 section 101 section 91
2: Subject to subsection (1) and to all necessary modifications, for the period for which the code of ethical conduct is deemed to have been approved under section 91 Amendments and repeals
194: Related amendments to other enactments
The enactments specified in Schedule 5
195: Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s)
196: Amendments to Local Government Official Information and Meetings Act 1987
Amendment(s) incorporated in the Act(s)
197: Amendment to Customs Export Prohibition Order 1996
Amendment(s) incorporated in the regulations
198: Repeals
The enactments specified in Schedule 6 Savings provisions
199: Certain regulations to continue in force
1: Despite the repeal of the Animals Protection Act 1960 by section 198 Schedule 7 Part 5
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 Schedule 1 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), the regulations and circular specified in that subsection, while ceasing to have effect as such, continue to have effect subject to the modifications listed in subsection (4) as if they were minimum standards of a code of welfare (to be known as the Animal Welfare (Commercial Slaughter) Code of Welfare 2002) issued under Part 5
4: The modifications referred to in subsection (3) are as follows:
a: references in the Slaughter of Stock, Game, and Poultry Regulations 1969 (the 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, apply also to—
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 of the Slaughter Regulations (which relates to poultry) is excluded from the deemed code, and regulation 8 of those regulations does not apply to poultry:
d: the circular specified in subsection (2)﻿(e) applies only to primary processors of eels or rock lobsters who are required to operate under either a registered risk management programme or a regulated control scheme under the Animal Products Act 1999
5: Subsections (2) to (4) apply according to their tenor despite anything in section 13 Section 199(2) added 19 December 2002 section 15(1) Animal Welfare Amendment Act 2002 Section 199(3) added 19 December 2002 section 15(1) Animal Welfare Amendment Act 2002 Section 199(4) added 19 December 2002 section 15(1) Animal Welfare Amendment Act 2002 Section 199(5) added 19 December 2002 section 15(1) Animal Welfare Amendment Act 2002
200: Certain bylaws to continue in force
1: Despite the repeal of section 684(1)﻿(37) section 198 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4))
2: Bylaws continued in force by subsection (1) may be revoked by the local authority by which they were made or by an Order in Council made under section 32(1)
3: So far as any bylaws continued in force by subsection (1) are inconsistent with or repugnant to any Order in Council made under section 32(1)
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), the Minister must—
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.
6: An order under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 200(1) amended 19 December 2002 section 16(1) Animal Welfare Amendment Act 2002 Section 200(4) added 19 December 2002 section 16(2) Animal Welfare Amendment Act 2002 Section 200(5) added 19 December 2002 section 16(2) Animal Welfare Amendment Act 2002 Section 200(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
201: Saving
Section 201 expired 1 January 2006 section 202
202: Expiry of section 201
1: Subject to subsections (2) to (4), section 201 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (5))
2: The Minister may, by notice in the Gazette section 201 period referred to
a: in relation to the castration of any type of animal specified in the notice; or
b: in relation to the dehorning of any type of animal specified in the notice.
3: The Minister may publish a notice under subsection (2) only if,—
a: where the notice relates to the castration of any type of animal, a code of welfare relating to the castration of that type of animal has been issued since the commencement of this Act; and
b: where the notice relates to the dehorning of any type of animal, a code of welfare relating to the dehorning of that type of animal has been issued since the commencement of this Act.
4: Every notice published under subsection (2) has effect according to its tenor.
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), the Minister must—
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. Section 202(1) amended 19 December 2002 section 17(1) Animal Welfare Amendment Act 2002 Section 202(2) amended 19 December 2002 section 17(2) Animal Welfare Amendment Act 2002 Section 202(5) added 19 December 2002 section 17(3) Animal Welfare Amendment Act 2002 Section 202(6) added 19 December 2002 section 17(3) Animal Welfare Amendment Act 2002