New Zealand Legislation: Acts

16 Classification of surgical procedures

• (1) 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 any surgical procedure to be performed on an animal to be—

  • (a) a restricted surgical procedure; or

  • (b) a controlled surgical procedure.

  (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, amend or revoke any order made under subsection (1).

  (3) The National Animal Welfare Advisory Committee must, in consulting with the Minister in regard to any proposal that an order be made under subsection (1) or that any order made under subsection (1) be amended or revoked, consider, in relation to each surgical procedure to which the proposed order or amendment or revocation relates,—

  • (a) both the reasons for and the reasons against the surgical procedure being performed; and

  • (b) the degree of pain or distress that the carrying out of the surgical procedure is likely to cause; and

  • (c) whether a person who is not a veterinarian could adequately carry out the procedure; and

  • (d) any other matter relevant to the particular category of the procedure under consideration.

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

  (5) The Minister must, in deciding whether or not to recommend the making of an Order in Council under subsection (1) or subsection (2), have regard to the following matters:

  • (a) the matters set out in paragraphs (a) to (d) of subsection (3); and

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

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

  (6) 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.