New Zealand Legislation: Acts

6 Definition of significant surgical procedure

• (1) In this Act, unless the context otherwise requires, the term significant surgical procedure includes, but is not limited to,—

  • (a) a restricted surgical procedure; and

  • (b) a controlled surgical procedure; and

  • (c) any other surgical procedure declared under subsection (2) to be a significant surgical procedure for the purposes of this Act.

  (2) The Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered after consultation with the National Animal Welfare Advisory Committee, declare that a surgical procedure is or is not a significant surgical procedure for the purposes of this Act.

  (3) 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 (2).

  (4) The Minister must, in deciding whether or not to recommend the making of an Order in Council under subsection (2) or subsection (3), 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 the procedure being managed adequately by the use of codes of welfare or other instruments under this Act; and

  • (f) the consultation conducted under subsection (2) or subsection (3), as the case may be, and any consultation conducted under section 184(1); and

  • (g) any other matter considered relevant by the Minister.

  (5) The consultation required by section 184(1) is in addition to the consultation required by subsections (2) and (3) of this section.

  (6) The Minister may recommend the making of an Order in Council under subsection (2) only if the Minister is satisfied—

  • (a) that the question whether a surgical procedure is a significant surgical procedure for the purposes of this Act is so uncertain as to require that the uncertainty be removed by the making of an Order in Council under subsection (2); or

  • (b) that the question whether a surgical procedure should or should not be able to be performed on an animal by any person is a matter of public concern and that concern is so great that it needs to be removed by the making of an Order in Council under subsection (2).

  (7) Every Order in Council made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.