New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 1999 No 142 |
| Date of assent | 14 October 1999 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Agriculture and Forestry.
1 Short Title and commencement
4 Definition of physical, health, and behavioural needs
5 Definition of research, testing, and teaching
6 Definition of significant surgical procedure
7 Notice of making of Order in Council
Obligations of owners and of persons in charge of animals
10 Obligation in relation to physical, health, and behavioural needs of animals
11 Obligation to alleviate pain or distress of ill or injured animals
14 Further animal welfare offences
15 Restriction on performance of surgical procedures
16 Classification of surgical procedures
17 Performance of restricted surgical procedures
18 Performance of controlled surgical procedures
20 Revocation and surrender of certificate of veterinary approval
21 Surgical procedure offences
23 Other offences in relation to transport of animals, etc
Defence and rebuttable evidence
24 Defence and rebuttable evidence
28 Wilful ill-treatment of animals
28A Reckless ill-treatment of animals
32 Power to declare traps or devices to be prohibited or restricted traps or devices
34 Restrictions on use of traps and devices to kill, manage, entrap, capture, entangle, restrain, or immobilise animals
35 Restrictions on sale of traps and devices
36 Obligation to inspect traps
40 Animal welfare export certificate
41 Guidelines for issue of animal welfare export certificates
42 Application for animal welfare export certificate
43 Consideration of application
46 Issue of animal welfare export certificate
47 Multiple consignment animal welfare export certificates
49 Delegation of functions or powers of Director-General
52 Animals being exported in accordance with conservation legislation
National Animal Welfare Advisory Committee
56 National Animal Welfare Advisory Committee
61 Further provisions applying to National Animal Welfare Advisory Committee
National Animal Ethics Advisory Committee
62 National Animal Ethics Advisory Committee
67 Further provisions applying to National Animal Ethics Advisory Committee
76 Amendment or revocation of code of welfare
77 Availability of codes of welfare
78A Review date may be extended
79 Codes of welfare deemed to be regulations for purposes of disallowance
Part 6
Use of animals in research, testing, and teaching
82 Restrictions on research, testing, and teaching involving use of animals
83 Restrictions on carrying out of projects
84 Power to carry out certain projects
85 Restrictions on use of non-human hominids
88 Contents of code of ethical conduct
91 Approval of code of ethical conduct
93 Approval to be personal to code holder
95 Application for amendment, suspension, or revocation of code of ethical conduct
96 Amendment, suspension, or revocation
98 Establishment of animal ethics committees
104 Protection of members of animal ethics committees
Reviews of code holders and animal ethics committees
107 Period to which independent review relates
108 Conduct of independent review
111 Applications for accreditation
113 Provisions applying in respect of accreditation and accredited reviewers
117 Power of Minister to commission review
Power of Minister to approve research or testing
118 Power of Minister to approve research or testing
Part 7
Provisions relating to administration
Approved organisations, inspectors, and auxiliary officers
123 Amendment or revocation of declaration
125 Appointment of auxiliary officers
126 Inspectors and auxiliary officers to act under direction of Director-General
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
128 Production of evidence of appointment
130 Power to prevent or mitigate suffering
132 Form and content of search warrant
133 Powers conferred by search warrant
134 Production of search warrant
135 Notice of execution of search warrant
Further provisions relating to powers of search and entry
137 Vehicle, aircraft, ship, or animal may be detained
Powers in relation to injured or sick animals
138 Destruction of injured or sick animals (other than marine mammals)
139 Destruction of impounded animals that are diseased, injured, or sick
140 Injured and sick marine mammals
Disposal of animals in custody of approved organisations
141 Duties of approved organisation
142 Obligation to maintain register
143 Application for enforcement order
144 Power to make enforcement order
145 Compliance with enforcement order
146 Notification of application
148 Temporary enforcement order
149 Coming into force of enforcement order
150 Duration of enforcement order
151 Power to vary or discharge enforcement order
152 Offence to contravene enforcement order
154 Appeals to Court of Appeal
157 Offenders to give name and address
158 Protection of persons acting under authority of Act
159 Obstruction of inspector or auxiliary officer
160 Impersonating inspector or auxiliary officer
163 Payment of infringement fees
Further provisions relating to offences
164 Liability of employers and principals
165 Liability of directors and officers of bodies corporate
167 Time for laying information
168 Inspector may conduct proceedings
169 Court may disqualify person from owning or exercising authority in respect of animals
169A Disqualified person may apply to court for removal or variation of disqualification
169B Offence of contravening disqualification order
171 Application of fines recovered in respect of offences
172 Power of court to order that certain animals be forfeited to the Crown or approved organisation
173 Expenses incurred by inspectors and territorial authorities
174 Certain offences against Dog Control Act 1996 to be treated as offences against this Act
Part 9
Miscellaneous provisions
Exceptions in relation to hunting or killing
178 Certain provisions relating to traps and devices not excluded
Exceptions in relation to use of animals to protect human health or safety
179 Use of animals to protect human health or safety
180 Power to amend Schedule 3 by Order in Council
Exception in relation to agricultural compounds and hazardous substances
181 Agricultural compounds and hazardous substances
182 Criteria in relation to recovery of costs
187 Transitional provisions relating to membership of committees
188 Transitional provisions relating to inspectors
189 Transitional provision relating to approved organisations
190 Transitional provision relating to branch and member societies
194 Related amendments to other enactments
195 Amendment to Ombudsmen Act 1975
196 Amendments to Local Government Official Information and Meetings Act 1987
197 Amendment to Customs Export Prohibition Order 1996
199 Certain regulations to continue in force
200 Certain bylaws to continue in force
Schedule 1
Provisions applying in respect of National Animal Welfare Advisory Committee and National Animal Ethics Advisory Committee
Schedule 2
Provisions applying in respect of accreditation and accredited reviewers
Schedule 3
Agencies authorised to use animals in protecting human health or safety or enforcing the law
Schedule 4
Codes continued in force as codes of welfare issued under this Act
Schedule 7
Regulations continued in force as code of welfare
An Act—
(a) to reform the law relating to the welfare of animals and the prevention of their ill-treatment; and, in particular,—
(i) to require owners of animals, and persons in charge of animals, to attend properly to the welfare of those animals:
(ii) to specify conduct that is or is not permissible in relation to any animal or class of animals:
(iii) to provide a process for approving the use of animals in research, testing, and teaching:
(iv) to establish a National Animal Welfare Advisory Committee and a National Animal Ethics Advisory Committee:
(v) to provide for the development and issue of codes of welfare and the approval of codes of ethical conduct:
(b) to repeal the Animals Protection Act 1960
