2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accredited reviewer means a person accredited under section 109 to carry out independent reviews under section 105

aircraft has the meaning given to it by section 2 of the Civil Aviation Act 1990

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, to be an animal for the purposes of this Act; and

(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 means a place at which animals are used or held in the charge of any person, and which has, as its principal purpose, the using or holding of animals for display, sport, entertainment, temporary care, sale, conservation, scientific study, or other activity

animal welfare export certificate means an animal welfare export certificate issued under section 46

appointed member means,—

(a)

in relation to the National Animal Welfare Advisory Committee, a member of the Committee who is appointed under section 58(2)(a) or section 58(2)(b); and

(b)

in relation to the National Animal Ethics Advisory Committee, any member of the Committee

approved organisation means an organisation declared, under section 121, to be an approved organisation for the purposes of this Act

associated animal means, in relation to an animal that is manipulated, an animal that—

(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 means an auxiliary officer appointed under section 125

blistering, in relation to a horse, means a procedure which involves the application of chemical cautery to the legs of the horse and which creates tissue damage to, or an inflammatory reaction in, the legs of the horse

code holder, in relation to a code of ethical conduct, means—

(a)

the person who, by virtue of an application under section 87, obtained the Director-General’s approval of that code; or

(b)

where the approval of that code has, with the consent of the Director-General, been transferred under section 93(1) to any other person, that other person

code of welfare means a code of welfare issued under section 75

controlled surgical procedure means—

(a)

the develvetting of a deer; or

(b)

any other surgical procedure which is performed on an animal and which is, under section 16, declared to be a controlled surgical procedure

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; but

(c)

does not include—

(i)

a medicine, as defined in section 3 of the Medicines Act 1981; or

(ii)

a medical device, as defined in section 3A of that Act; or

(iii)

a related product, as defined in section 94 of that Act; or

(iv)

an agricultural compound or a veterinary medicine, as those terms are defined in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997; or

(v)

a food, as defined in section 9 of the Food Act 2014 or a drink within the meaning of that section; or

(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, in relation to the ears of a dog, means the performance on the pinnae of the ears of the dog of a surgical procedure that is designed to make the ears of the dog stand upright

device means any explosive (not being a firearm as defined in section 2 of the Arms Act 1983), incendiary device, or electrical or electronic thing (not being a trap) that is used for the purpose of killing, managing, entrapping, capturing, entangling, restraining, or immobilising an animal; and includes any contraption, process, or thing that is declared by the Governor-General by Order in Council, made on the recommendation of the Minister after consultation in accordance with section 184, to be a device for the purposes of this Act

Director-General means the chief executive of the Ministry

enforcement order means an enforcement order made under section 144; and includes an enforcement order made without notice in accordance with section 148

firing, in relation to a horse, means a procedure which involves the application of thermal cautery to the legs of the horse and which creates tissue damage to, or an inflammatory reaction in, the legs of the horse

hunt or kill, in relation to animals, includes—

(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 has a corresponding meaning

ill-treat, in relation to an animal, means causing the animal to suffer, by any act or omission, pain or distress that in its kind or degree, or in its object, or in the circumstances in which it is inflicted, is unreasonable or unnecessary

infringement offence means—

(a)

an offence against section 36(3):

(b)

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 means an inspector appointed under section 124(1) or section 124(2); and includes every constable

manipulation, in relation to an animal, has the meaning given to it by section 3

marae

(a)

means—

(i)

land which is set apart for the purposes of a marae or meeting place under section 338 or section 341 of Te Ture Whenua Maori Act 1993 (Maori Land Act 1993) or any corresponding former provision and which is used for the purposes for which it is set apart; or

(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 has the meaning given to it by section 2(1) of the Marine Mammals Protection Act 1978

marine wildlife has the meaning given to it by section 2(1) of the Wildlife Act 1953

marking, in relation to an animal, means—

(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 means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

National Animal Ethics Advisory Committee means the National Animal Ethics Advisory Committee established by section 62

National Animal Welfare Advisory Committee means the National Animal Welfare Advisory Committee established by section 56

nicking, in relation to a horse, means the cutting of the skin or ligaments of the tail of the horse, being a cutting that is designed to make the horse carry its tail in a raised position

non-human hominid means any non-human member of the family Hominidae, being a gorilla, chimpanzee, bonobo, or orangutan

owner, in relation to an animal, includes the parent or guardian of a person under the age of 16 years who—

(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 includes a corporation sole, and also a body of persons, whether corporate or unincorporate

person in charge, in relation to an animal, includes a person who has the animal in that person’s possession or custody, or under that person’s care, control, or supervision

pest means—

(a)

any animal in a wild state that, subject to subsection (2), the Minister of Conservation declares, by notice in the Gazette, to be a pest for the purposes of this Act:

(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, in relation to an animal, has the meaning given to it by section 4

prohibited device means a device declared under section 32(1)(a) to be a prohibited device for the purposes of this Act

prohibited trap means a trap declared under section 32(1)(a) to be a prohibited trap for the purposes of this Act

project means—

(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 has the meaning given to it by section 5

restricted surgical procedure means—

(a)

the debarking of a dog (the performance on the vocal chords of a dog of a surgical procedure intended to reduce the noise the dog is capable of emitting); or

(b)

the declawing of a cat (the removal from the foot of a cat by a surgical procedure of the whole or part of 1 or more of the claws of the cat); or

(c)

the docking of the tail of a horse; or

(d)

any surgical procedure which is performed on an animal and which is, under section 16, declared to be a restricted surgical procedure

road includes any motorway, street, private road, access way, private way, or service lane, and every bridge, culvert, ford, gate, or other thing belonging to any road

safari park has the meaning given to it by section 2(1) of the Wild Animal Control Act 1977

ship has the meaning given to it by section 2(1) of the Maritime Transport Act 1994

significant surgical procedure has the meaning given to it by section 6

substance, in relation to any cosmetic, has the same meaning as in section 2(1) of the Medicines Act 1981

territorial authority means a territorial authority within the meaning of the Local Government Act 2002

threatened species has the meaning given to it by section 2(1) of the Biosecurity Act 1993

trap

(a)

means a net, cage, snare, pen, pitfall, or mechanical or adhesive thing used for the purpose of killing, entrapping, capturing, entangling, restraining, or immobilising an animal; and

(b)

includes any contraption, process, or thing that is declared by the Governor-General by Order in Council, made on the recommendation of the Minister after consultation in accordance with section 184, to be a trap for the purposes of this Act; but

(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 has the meaning given to it by section 2(1) of the Land Transport Act 1998

veterinarian means a veterinarian or a specialist within the meaning of section 4 of the Veterinarians Act 2005

wild animal has the meaning given to it by section 2(1) of the Wild Animal Control Act 1977

working day means any day except—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi 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—

(b)

any Act listed in Schedule 1 of the Conservation Act 1987; or

(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 published in the Gazette.

Compare: 1960 No 30 ss 2, 3(2)(ii); 1971 No 48 s 2; 1983 No 141 s 2; 1987 No 20 s 2

Section 2(1) cosmetic: inserted, on 10 May 2015, by section 5(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 2(1) device: amended, on 10 May 2015, by section 5(3) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 2(1) device: amended, on 19 December 2002, by section 3(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).

Section 2(1) infringement offence: replaced, on 10 May 2015, by section 5(4) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 2(1) inspector: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 2(1) substance: inserted, on 10 May 2015, by section 5(7) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) trap: substituted, on 19 December 2002, by section 3(2) of the Animal Welfare Amendment Act 2002 (2002 No 53).

Section 2(1) veterinarian: substituted, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).