New Zealand Legislation: Acts

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), an animal is seriously injured or impaired if the injury or impairment—

  • (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 on indictment,—

  • (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.

  Compare: 1960 No 30 ss 2, 4; 1993 No 19 s 3(1).

  Section 28: substituted, on 7 July 2010, by section 5 of the Animal Welfare Amendment Act 2010 (2010 No 93).