(1) The purpose of this Part is to ensure that owners of animals and persons in charge of animals attend properly to the welfare of those animals.

(2) This Part accordingly—

• (a) requires owners of animals, and persons in charge of animals, to take all reasonable steps to ensure that the physical, health, and behavioural needs of the animals are met in accordance with both—

  • (i) good practice; and

  • (ii) scientific knowledge; and

• (b) requires owners of ill or injured animals, and persons in charge of such animals, to ensure that the animals receive, where practicable, treatment that alleviates any unreasonable or unnecessary pain or distress from which the animals are suffering; and

• (c) imposes restrictions on the carrying out of surgical procedures on animals; and

• (d) provides for the classification of the types of surgical procedures that may be performed on animals; and

• (e) specifies the persons or classes of persons who may perform each class of such surgical procedures; and

• (f) specifies certain minimum conditions that must be observed in relation to the transportation of animals.

The owner of an animal, and every person in charge of an animal, must ensure that the physical, health, and behavioural needs of the animal are met in a manner that is in accordance with both—

• (a) good practice; and

• (b) scientific knowledge.

(1) The owner of an animal that is ill or injured, and every person in charge of such an animal, must, where practicable, ensure that the animal receives treatment that alleviates any unreasonable or unnecessary pain or distress being suffered by the animal.

(2) This section does not—

• (a) limit section 10; or

• (b) require a person to keep an animal alive when it is in such a condition that it is suffering unreasonable or unnecessary pain or distress.

A person commits an offence who, being the owner of, or a person in charge of, an animal,—

• (a) fails to comply, in relation to the animal, with section 10; or

• (b) fails, in the case of an animal that is ill or injured, to comply, in relation to the animal, with section 11; or

• (c) kills the animal in such a manner that the animal suffers unreasonable or unnecessary pain or distress.

(1) In a prosecution for an offence against section 12, it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

(1A) In a prosecution for an offence against section 12 committed after the commencement of this subsection, evidence that a relevant code of welfare was in existence at the time of the alleged offence and that a relevant minimum standard established by that code was not complied with is rebuttable evidence that the person charged with the offence failed to comply with, or contravened, the provision of this Act to which the offence relates.

(2) Subject to subsection (3), it is a defence in any prosecution for an offence against section 12 if the defendant proves—

• (a) that, in relation to the animal to which the prosecution relates, the defendant took,—

  • (i) in the case of an offence against section 12(a), all reasonable steps to comply with section 10; or

  • (ii) in the case of an offence against section 12(b), all reasonable steps to comply with section 11; or

  • (iii) in the case of an offence against section 12(c), all reasonable steps not to commit a breach of section 12(c); or

• (b) that the act or omission constituting the offence took place in circumstances of stress or emergency, and was necessary for the preservation, protection, or maintenance of human life; or

• (c) that there was in existence at the time of the alleged offence a relevant code of welfare and that the minimum standards established by the code of welfare were in all respects equalled or exceeded.

(3) Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—

• (a) stating that the defendant intends to rely on subsection (2); and

• (b) specifying—

  • (i) where the defendant intends to rely on subsection (2)(a), the reasonable steps that the defendant will claim to have taken; or

  • (ii) where the defendant intends to rely on subsection (2)(b), the circumstances of stress or emergency, and the reasons why the act or omission was necessary for the preservation, protection, or maintenance of human life; or

  • (iii) where the defendant intends to rely on subsection (2)(c), the relevant code of welfare that was in existence at the time of the alleged offence, and the facts that show that the minimum standards established by that code of welfare were in all respects equalled or exceeded.

(1) A person commits an offence who, being the owner of, or a person in charge of, an animal, without reasonable excuse,—

• (a) keeps the animal alive when it is in such a condition that it is suffering unreasonable or unnecessary pain or distress; or

• (b) sells, attempts to sell, or offers for sale, otherwise than for the express purpose of being killed, the animal when it is suffering unreasonable or unnecessary pain or distress.

(2) A person commits an offence who, being the owner of, or person in charge of, an animal, without reasonable excuse, deserts the animal in circumstances in which no provision is made to meet its physical, health, and behavioural needs.

(1) Except as provided in section 18(1), no person may perform any significant surgical procedure on an animal unless that person is—

• (a) a veterinarian; or

• (b) a person who is acting under the direct supervision of a veterinarian and who is being taught veterinary science at undergraduate level.

(2) A veterinarian who, for the purpose of teaching veterinary science, supervises the performance of a significant surgical procedure, must be present throughout the performance of that surgical procedure.

(3) Any person may, subject to subsection (4) and to Parts 2 and 6, perform on an animal any surgical procedure that is not a significant surgical procedure.

(4) No person may, in performing on an animal a surgical procedure that is not a significant surgical procedure, perform that surgical procedure in such a manner that the animal suffers unreasonable or unnecessary pain or distress.

(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.

(1) A restricted surgical procedure may be performed on an animal only by—

• (a) a veterinarian; or

• (b) a person who is acting under the direct supervision of a veterinarian and who is being taught veterinary science at undergraduate level.

(2) Where a restricted surgical procedure is to be performed on an animal, the veterinarian who is to perform that procedure, or who is to supervise the performance of that procedure by a person who is being taught veterinary science, must, before performing or supervising the performance of that surgical procedure, first satisfy himself or herself that the performance of that procedure is in the interests of the animal.

(3) A veterinarian who—

• (a) performs a restricted surgical procedure on an animal; or

• (b) for the purpose of teaching veterinary science, supervises the performance of a restricted surgical procedure on an animal,—

must ensure that the animal is, throughout the performance of the surgical procedure, under the influence of a general or local anaesthetic or an analgesic that is sufficient to prevent the animal from feeling pain.

(4) A veterinarian who, for the purpose of teaching veterinary science, supervises the performance of a restricted surgical procedure, must be present throughout the performance of that surgical procedure.

(1) A controlled surgical procedure may be performed on an animal only by—

• (a) a veterinarian; or

• (b) a person who is acting under the direct supervision of a veterinarian and who is being taught veterinary science at undergraduate level; or

• (c) a person who is both the owner of the animal and a person who has veterinary approval to perform a surgical procedure of that type on that species of animal; or

• (d) a person who is both an employee of the owner of the animal and a person who has veterinary approval to perform a surgical procedure of that type on that species of animal.

(2) A veterinarian who, for the purpose of teaching veterinary science, supervises the performance of a controlled surgical procedure, must be present throughout the performance of that surgical procedure.

(3) A person, being an owner of an animal or an employee of an owner of an animal, has, for the purposes of subsection (1), veterinary approval to perform a controlled surgical procedure on the animal only if a veterinarian certifies in writing, before the procedure is performed on the animal, that the veterinarian is satisfied that the person has the relevant expertise, practical experience, drugs, equipment, and accommodation to perform that type of surgical procedure competently on that species of animal.

(1) Where a veterinarian issues, under section 18(3), a certificate of veterinary approval, that certificate must state—

• (a) the full name and address of the person to whom it is issued:

• (b) if it is issued to a person in that person's capacity as an employee of the owner of an animal, the full name and address of the owner:

• (c) the type of surgical procedure to which the certificate relates and the species of animal on which the person to whom it is issued may perform that surgical procedure:

• (d) the duration of the approval given by the certificate.

(2) The veterinarian who issues the certificate may specify that the approval given by the certificate is to have effect—

• (a) indefinitely; or

• (b) for a stated period; or

• (c) until a stated date.

(3) Every certificate issued under section 18(3)—

• (a) comes into force on the date specified in the certificate; and

• (b) continues in force until—

  • (i) it is revoked under section 20(1); or

  • (ii) it is surrendered under section 20(3); or

  • (iii) in the case of a certificate granted for a stated period or until a stated date, the expiry of that period or the passing of that date.

(1) A certificate issued under section 18(3) may at any time, by notice in writing to the person to whom it was issued, be revoked—

• (a) by the veterinarian by whom it was issued; or

• (b) by the Director-General.

(2) A certificate issued under section 18(3) may be revoked only if the person effecting the revocation is satisfied that the person to whom it was issued—

• (a) does not, at the date of the revocation, have the relevant expertise, practical experience, drugs, equipment, or accommodation to perform the type of surgical procedure to which the certificate relates competently on any species of animal to which the certificate relates; or

• (b) is disqualified under section 169(1) from being the owner of, or exercising authority in respect of, an animal or animals of a particular kind or description; or

• (c) has been convicted of an offence against this Act.

(3) A person to whom a certificate under section 18(3) has been issued may at any time surrender that certificate by notice in writing to that effect to either—

• (a) the veterinarian by whom it was issued; or

• (b) the Director-General.

(4) Where a certificate under section 18(3) is revoked under subsection (1) or surrendered under subsection (3), the person to whom the certificate has been issued—

• (a) ceases to have the approval evidenced by the certificate; and

• (b) must surrender the certificate to either—

  • (i) the veterinarian by whom it was issued; or

  • (ii) the Director-General.

(1) A person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with—

• (a) section 15(1) or section 15(2); or

• (b) section 15(4); or

• (c) section 17(2) or section 17(3) or section 17(4); or

• (d) section 18(2).

(2) A person commits an offence who—

• (a) crops, or causes to be cropped, the ears of a dog; or

• (b) performs, or causes to be performed, blistering or firing or nicking on a horse.

(1) Every person in charge of a vehicle or an aircraft, and the master of or, if there is no master, the person in charge of, a ship, being a vehicle, aircraft, or ship in or on which an animal is being transported, must ensure—

• (a) that the welfare of the animal is properly attended to; and

• (b) that, in particular, the animal—

  • (i) is provided with reasonably comfortable and secure accommodation; and

  • (ii) is supplied with proper and sufficient food and water.

(2) A person commits an offence who fails, without reasonable excuse, to comply with any provision of subsection (1).

(1) A person commits an offence who, without reasonable excuse, confines or transports an animal in a manner or position that causes the animal unreasonable or unnecessary pain or distress.

(2) A person commits an offence who, being the owner of, or the person in charge of, an animal, permits that animal, without reasonable excuse,—

• (a) to be driven or led on a road; or

• (b) to be ridden; or

• (c) to be transported in or on a vehicle, an aircraft, or a ship,—

while the condition or health of that animal is such as to render it unfit to be so driven, led, ridden, or transported.

(1) In a prosecution for an offence against section 21(1)(b) or section 22(2) or section 23 committed after the commencement of this subsection, evidence that a relevant code of welfare was in existence at the time of the alleged offence and that a relevant minimum standard established by that code was not complied with is rebuttable evidence that the person charged with the offence failed to comply with, or contravened, the provision of this Act to which the offence relates.

(2) It is a defence in any prosecution for an offence against section 21(1)(b) or section 22(2) or section 23(1) or section 23(2) if the defendant proves—

• (a) that there was in existence at the time of the alleged offence a relevant code of welfare; and

• (b) that the minimum standards established by the code of welfare were in all respects equalled or exceeded.

A person who commits an offence against section 12 or section 14(1) or section 14(2) or section 21(1) or section 21(2) or section 22(2) or section 23(1) or section 23(2) is liable on summary conviction,—

• (a) in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; or

• (b) in the case of a body corporate to a fine not exceeding $125,000.

Subject to section 8, the owner of, or person in charge of, a wild animal that is available for hunting in a safari park is, under this Part, subject to the same obligations and liabilities as any other owner of, or person in charge of, an animal.

The purpose of this Part is to state conduct that is or is not permissible in relation to a species of animal or animals used for certain purposes—

• (a) by prohibiting certain types of conduct; and

• (b) by controlling the use and sale of traps and devices used to kill, manage, entrap, capture, entangle, restrain, or immobilise an animal.

(1) A person commits an offence who wilfully ill-treats an animal in such a way 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.

(2) 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 3 years or to a fine not exceeding $50,000 or to both; or

• (b) in the case of a body corporate, to a fine not exceeding $250,000.

A person commits an offence who—

• (a) ill-treats an animal; or

• (b) pierces the tongue or tongue phrenum of an animal with a pig ring or similar thing or with any wire; or

• (c) keeps or uses a place for the purpose of causing an animal to fight, or for the purpose of baiting or otherwise ill-treating an animal, or manages or assists in the management of, any such place; or

• (d) is present, for the purpose of witnessing the fighting or baiting of an animal, at a place used or kept for the purpose; or

• (e) in any manner encourages, aids, or assists in the fighting or baiting of an animal; or

• (f) brands any animal in such a manner that the animal suffers unreasonable or unnecessary pain or distress; or

• (g) releases an animal, being an animal that has been kept in captivity, in circumstances in which the animal is likely to suffer unreasonable or unnecessary pain or distress; or

• (h) counsels, procures, aids, or abets any other person to do an act or refrain from doing an act as a result of which an animal suffers unreasonable or unnecessary pain or distress.

(1) In a prosecution for an offence against section 29(a), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

(1A) In a prosecution for an offence against section 29(a) committed after the commencement of this subsection, evidence that a relevant code of welfare was in existence at the time of the alleged offence and that a relevant minimum standard established by that code was not complied with is rebuttable evidence that the person charged with the offence contravened section 29(a).

(2) Subject to subsection (3), it is a defence in any prosecution for an offence against section 29(a) if the defendant proves—

• (a) that, in relation to the animal to which the prosecution relates, the defendant took all reasonable steps not to commit a breach of section 29(a); or

• (b) that the act or omission constituting the offence took place in circumstances of stress or emergency, and was necessary for the preservation, protection, or maintenance of human life; or

• (c) that there was in existence at the time of the alleged offence a relevant code of welfare and that the minimum standards established by the code of welfare were in all respects equalled or exceeded.

(3) Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—

• (a) stating that the defendant intends to rely on subsection (2); and

• (b) specifying—

  • (i) where the defendant intends to rely on subsection (2)(a), the reasonable steps that the defendant will claim to have taken; and

  • (ii) where the defendant intends to rely on subsection (2)(b), the circumstances of stress or emergency, and the reasons why the act or omission was necessary for the preservation, protection, or maintenance of human life; or

  • (iii) where the defendant intends to rely on subsection (2)(c), the relevant code of welfare that was in existence at the time of the alleged offence, and the facts that show that the minimum standards established by that code of welfare were in all respects equalled or exceeded.

(1) A person commits an offence who—

• (a) knowingly owns, possesses, keeps, trains, or breeds an animal for the purposes of having that animal participate in an animal fighting venture; or

• (b) knowingly sells, buys, transports, or delivers to another person any animal for the purposes of having the animal participate in an animal fighting venture.

(2) In this section, animal fighting venture—

• (a) means any event that involves a fight between at least 2 animals and is conducted for the purposes of sport, wagering, or entertainment; but

• (b) does not include any activity the primary purpose of which involves the use of 1 or more animals in hunting or killing an animal in a wild state.

(1) For the purposes of this Act, the Governor-General may from time to time, by Order in Council, made on the advice of the Minister tendered after consultation by that Minister with the National Animal Welfare Advisory Committee, declare any trap or device to be—

• (a) a prohibited trap or a prohibited device; or

• (b) a restricted trap or a restricted device.

(2) Subsection (1) does not authorise the making of an order in respect of any trap or device used for fishing.

(3) Subsection (2) does not derogate from the provisions of—

• (a) the Wildlife Act 1953; or

• (b) the Marine Mammals Protection Act 1978; or

• (c) the Fisheries Act 1996.

(4) Where the order declares any trap to be a restricted trap or any device to be a restricted device, the order may contain provisions regulating the sale or use of the trap or device.

(5) An order may be general in its application or may relate to a particular trap or class of traps or a particular device or class of devices.

(5A) An order relating to a restricted trap or class of traps, or a restricted device or class of devices, may relate to—

• (a) the use of a particular trap or class of traps, or a particular device or class of devices, in relation to a particular species or type of animal:

• (b) a specified district or subdivision of a district of a territorial authority, or any specified part of New Zealand.

(6) 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 (1).

(7) The consultation required by section 184(1) is in addition to the consultation required by subsections (1) and (6) of this section.

(8) 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.

The Minister must, in deciding whether or not to recommend the making of an Order in Council under section 32(1) or section 32(6), have regard to the following matters:

• (a) the nature and purpose of the trap or device; and

• (b) whether any pain or distress that the trap or device is likely to cause would be unreasonable; and

• (c) whether the use of other instruments under this Act, or instruments under other Acts, are adequate to manage the effects of the trap or device on animal welfare; and

• (d) whether the trap or device conforms to any relevant New Zealand standard within the meaning of the Standards Act 1988; and

• (e) the availability and cost-effectiveness of, and the feasibility of a transition to, other means of achieving the purpose of the trap or device (whether by means of another trap or device or by different means); and

• (f) whether the trap or device could be modified, or the method of use controlled, to avoid unacceptable effects on animal welfare; and

• (g) the consultation conducted under section 32(1) or section 32(6), as the case may be, and any consultation conducted under section 184(1); and

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

A person commits an offence who, without reasonable excuse and for the purpose of killing, managing, entrapping, capturing, entangling, restraining, or immobilising an animal,—

• (a) uses a prohibited trap or a prohibited device; or

• (b) uses a restricted trap or a restricted device in contravention of any provision of an Order in Council made under section 32.

(1) A person commits an offence who, without reasonable excuse, sells, attempts to sell, or offers or exposes for sale, a prohibited trap or a prohibited device.

(2) A person commits an offence who, in selling a restricted trap or a restricted device, contravenes, without reasonable excuse, any provision of any Order in Council made under section 32.

(1) A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets or causes to be set a trap, must,—

• (a) inspect that trap, or cause a competent person to inspect that trap, within 12 hours after sunrise on each day the trap remains set, beginning on the day immediately after the day on which the trap is set; and

• (b) remove, or cause to be removed, any live animal found in that trap or attend properly to the care of any such animal or, without delay, kill any such animal.

(2) A person commits an offence and is liable on summary conviction to a fine not exceeding $1,200 who fails, without reasonable excuse, to comply with any provision of subsection (1).

A person who commits an offence against section 29 or section 31(1) or section 34 or section 35(1) or section 35(2) is liable on summary conviction,—

• (a) in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; and

• (b) in the case of a body corporate, to a fine not exceeding $125,000.

The purpose of this Part is to protect the welfare of animals which are being exported from New Zealand and which are being transported by ship or aircraft by ensuring that the risks faced by such animals are minimised.

The provisions of this Part do not limit the other provisions of this Act.

(1) A person commits an offence who exports an animal from New Zealand to another country on a ship or aircraft other than under the authority, and in accordance with the conditions, of an animal welfare export certificate.

(2) Nothing in subsection (1) applies if the exportation of the animal—

• (a) is exempted from the requirements of that subsection by a notice published under section 48(1); or

• (b) is being effected under the authority of a permit, certificate, or other authorisation issued under the Conservation Act 1987 or any Act listed in Schedule 1 of that Act.

(3) A person who commits an offence against subsection (1) is liable on summary conviction,—

• (a) in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; or

• (b) in the case of a body corporate, to a fine not exceeding $125,000.

(1) The Director-General may from time to time publish guidelines for the issue of animal welfare export certificates.

(2) The Director-General may from time to time amend or revoke any guidelines published under subsection (1).

(3) The Minister may from time to time direct the Director-General to exercise the power conferred on the Director-General by subsection (1).

(4) Subject to subsection (3), nothing in this section obliges the Director-General to publish guidelines under subsection (1).

(5) Any guidelines published under this section may relate—

• (a) to a specific type of animal or to animals generally:

• (b) to the export of animals by ship or by aircraft or by both:

• (c) to particular types of animals in particular circumstances.

(6) Before publishing guidelines under this section or any amendment (other than a minor amendment) to any such guidelines, the Director-General must consult with those persons considered by the Director-General to be representative of the classes of persons having an interest in the guidelines or the amendment.

(7) The consultation may be on the guidelines or the amendment or on a document that analyses or assesses the risks associated with the export of animals or particular classes of animals.

(8) The Director-General must—

• (a) make sufficient copies of any guidelines published under this section available for public inspection, free of charge, at the office of the Director-General during normal office hours; and

• (b) make sufficient copies of those guidelines available either for distribution free of charge or for purchase at a reasonable price during normal office hours at the office of the Director-General.

(1) Any person may apply to the Director-General for the issue of an animal welfare export certificate.

(2) The application must—

• (a) be made on a form provided by the Director-General for the purpose; and

• (b) contain, or be accompanied by, such information as the Director-General requires; and

• (c) be accompanied by the prescribed fee (if any); and

• (d) be made to the Director-General at least 20 working days before the date on which the applicant proposes that the animal leave New Zealand.

(3) The Director-General may permit an application to be made other than in accordance with subsection (2)(d) if he or she is satisfied that unforeseen or unusual circumstances prevented the application from being made in accordance with subsection (2)(d).

(4) Where an application made in accordance with subsection (2)(d) or subsection (3) does not comply in any material respect with subsection (2)(a) or subsection (2)(b), the Director-General may request the applicant to make good the deficiencies in the application.

(5) If the deficiencies are made good at least 20 working days before the date on which the applicant proposes that the animal leave New Zealand, the Director-General must proceed to deal with the application.

(6) If the deficiencies are not made good at least 20 working days before the date on which the applicant proposes that the animal leave New Zealand, the Director-General may deal with the application only if he or she is satisfied that there is sufficient time to give proper consideration to the application before that date.

The Director-General must, in considering any application under section 42, have regard to such of the following matters as are relevant:

• (a) the manner in which the welfare of any animals previously exported by the applicant was attended to on the journey between New Zealand and the country to which they were exported:

• (b) the capability, skills, and experience of the applicant in relation to the export of animals:

• (c) the species or type of animal and the number of animals proposed to be exported:

• (d) the ages, and the physiological state, of the animals proposed to be exported:

• (e) the mode of transport proposed and the facilities provided:

• (f) the length and nature of the journey proposed:

• (g) the susceptibility of the animal to harm and distress under the conditions of transport proposed:

• (h) any New Zealand requirements in relation to the export of the animal:

• (i) any requirements of the country into which the animal is being exported:

• (j) any relevant international standard:

• (k) the date on which it is intended that the animal leave New Zealand:

• (l) any other matters that the Director-General considers relevant to the welfare of the animal.

(1) After considering an application under section 42, the Director-General must decide whether to grant or refuse the application.

(2) On the grant of any application under section 42, the Director-General may, under section 45, specify the conditions that are to be imposed on the issue, under section 46, of the animal welfare export certificate.

(3) If the Director-General grants the application and, under section 45, imposes conditions of the animal welfare export certificate, the Director-General must forthwith notify the applicant in writing that the application has been granted, and that an animal welfare export certificate will be issued subject to satisfactory compliance with, or satisfactory arrangements being made for compliance with, all of those conditions.

(4) If the Director-General grants the application and does not, under section 45, impose conditions of the animal welfare export certificate, the Director-General must forthwith issue an animal welfare export certificate to the applicant.

(5) If the Director-General refuses to grant the application, the Director-General must forthwith give notice in writing to the applicant of the refusal and the reasons for it.

(1) The Director-General may, in granting an application for an animal welfare export certificate, impose, as conditions of that certificate, all or any of the following conditions:

• (a) a condition that the animal or the ship or aircraft be inspected before the animal is loaded or after the animal is loaded or both before and after the animal is loaded by a person authorised by the Director-General:

• (b) a condition that the animal receive specified preconditioning before travel:

• (c) a condition that a person authorised by the Director-General certify in writing that the animal is fit to travel:

• (d) a condition that an animal health certificate be issued by a person authorised by the Director-General:

• (e) a condition that the animal be loaded onto the ship or aircraft in a particular manner and in accordance with particular requirements:

• (f) a condition that the animal be accompanied on the ship or aircraft by a particular named person:

• (g) a condition that the animal be accompanied on the ship or aircraft by a person approved by the Director-General to undertake the work:

• (h) a condition that the animal be accompanied on the ship or aircraft by a person who has certain qualifications or skills:

• (i) a condition specifying the manner in which, and the extent to which food and water is to be provided to the animal while it is on the ship or aircraft:

• (j) a condition that the animal be provided on the ship or aircraft with facilities specified by the Director-General:

• (k) a condition specifying the manner in which the animal is to be managed on the journey:

• (l) any condition specified in any relevant international standard:

• (m) such other conditions as the Director-General considers appropriate for the welfare of the animal.

(2) The Director-General may at any time before the departure of the animal amend or add to the conditions imposed under subsection (1).

(3) The amendment or addition must be effected by giving written notice of the amendment or addition to the person to whom the animal welfare export certificate has been issued.

(4) Except where the amendment or addition is necessary to meet the requirements of the country to which the animal is being exported, the Director-General may not, under subsection (2), amend the conditions or add to the conditions in such a way as to impose on the person to whom the animal welfare export certificate has been issued requirements that, at the time of the amendment or addition, that person cannot reasonably be expected to meet before the date of the departure of the animal.

Subject to satisfactory compliance with, or satisfactory arrangements made for compliance with, all conditions (if any) imposed under section 45, the Director-General must issue the certificate by signing it and giving it to the applicant.

(1) A person may apply for, and the Director-General may issue, a multiple consignment animal welfare export certificate that will enable the person to export animals over a period of time without having to obtain an animal welfare export certificate in respect of each consignment.

(2) Where an application is made for a multiple consignment animal welfare export certificate, the Director-General must consider, in addition to the matters specified in section 43, the frequency of the export consignments proposed by the applicant, and may, in addition to the conditions that may be imposed under section 45, impose such other conditions as are required in relation to the multiple consignments.

(3) Subsections (2) to (4) of section 45 apply not only in relation to conditions imposed under section 45 but also in relation to conditions imposed under subsection (2) of this section.

(1) The Director-General may from time to time, by notice in the Gazette,—

• (a) exempt certain species or types of animals from the requirements of section 40(1); or

• (b) specify the circumstances in which any animals are to be exempted from the requirements of section 40(1); or

• (c) exercise both his or her power under paragraph (a) and his or her power under paragraph (b),—

if he or she is satisfied that the risk to the welfare of the animals is minimal.

(2) A notice under subsection (1) may—

• (a) restrict the exemption to particular modes of transport or to particular destinations; and

• (b) impose conditions that must be complied with.

(3) The Director-General must, in considering whether to publish a notice under subsection (1), have regard to the following matters:

• (a) whether export authorisation is required under any other Act that has animal welfare requirements:

• (b) the susceptibility of the species or type of animals to harm or distress:

• (c) any other matter that is relevant to the welfare of animals.

(4) Any notice under subsection (1) may be at any time amended or revoked by the Director-General by a subsequent notice published in the Gazette.

(1) The Director-General may from time to time, by writing under his or her hand, either generally or particularly, delegate to a person who is not an employee of the Ministry any of the functions and powers of the Director-General under this Part, but not including the power to delegate under this section.

(2) Subject to any general or special directions given or conditions imposed by the Director-General, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

(3) The power of the Director-General to delegate under this section does not limit any power of delegation conferred on the Director-General by any other Act or prevent the Director-General delegating to any other person, under that power, any of the functions and powers of the Director-General under this Part.

(4) Every person purporting to act pursuant to any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(5) Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.

(6) No such delegation affects or prevents the exercise of any function or power by the Director-General, nor does any such delegation affect the responsibility of the Director-General for the actions of any person acting under the delegation.

(1) Every delegation under section 49 is revocable in writing at will.

(2) Any such delegation, until it is revoked, continues in force according to its tenor, even though the Director-General by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that Director-General.

(1) Where a decision under any provision of sections 42 to 48 is made by a person acting under the delegated authority of the Director-General, the applicant is entitled to have the decision reviewed by the Director-General.

(2) Where a decision under any of the provisions of sections 42 to 48 is made by the Director-General, the applicant is entitled to have the decision reviewed by the Minister.

Despite anything in the Conservation Act 1987 or in any Act listed in Schedule 1 of that Act, where any person, acting under the Conservation Act 1987 or any Act listed in Schedule 1 of that Act, is considering an application to export an animal, that person must have regard to the following matters:

• (a) any relevant international standards relating to animal welfare:

• (b) the need to ensure that the animal is provided with reasonably comfortable and secure accommodation:

• (c) the need to ensure the supply of proper and sufficient food and water to the animal:

• (d) the need to minimise the risk of injury or adverse effects on the welfare of the animal.

(1) Where any animal that is to be exported from New Zealand to another country is being prepared for loading on to a ship or aircraft or is loaded on to a ship or aircraft other than under the authority, and in accordance with the terms, of an animal welfare export certificate, an inspector or other person authorised by the Director-General may—

• (a) seize the animals and convey them to another place:

• (b) take any other steps that the inspector or authorised person considers necessary or desirable to prevent or mitigate any suffering of the animal:

• (c) direct the owner or person in charge of the animal to take steps to prevent or mitigate any suffering of the animal.

(2) The inspector or authorised person may keep the animal at a place chosen by the inspector or authorised person until—

• (a) the animal is, under section 172, forfeited to the Crown or to an approved organisation; or

• (b) a District Court Judge orders that the animal be delivered to the owner of the animal or to the person charged with the offence against this Act.

(1) A person commits an offence who, without reasonable excuse, refuses or fails to comply with any requirement of an inspector or authorised person under section 53(1)(c).

(2) A person who commits an offence against subsection (1) is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $5,000; or

• (b) in the case of a body corporate, to a fine not exceeding $25,000.

(1) The purpose of this Part is to establish a National Animal Welfare Advisory Committee and a National Animal Ethics Advisory Committee.

(2) The National Animal Welfare Advisory Committee will, among other things,—

• (a) advise the Minister on issues relating to the welfare of animals; and

• (b) develop, and advise the Minister on, codes of welfare.

(3) The National Animal Ethics Advisory Committee will, among other things,—

• (a) advise the Minister and the Director-General on—

  • (i) ethical issues and animal welfare issues arising from research, testing, and teaching; and

  • (ii) codes of ethical conduct; and

• (b) recommend, for approval by the Director-General under section 109, such persons as are, in the opinion of the Committee, suitable for appointment as accredited reviewers.

This section establishes a committee to be called the National Animal Welfare Advisory Committee.

The functions of the National Animal Welfare Advisory Committee are—

• (a) to advise the Minister on any matter relating to the welfare of animals in New Zealand, including (without limitation)—

  • (i) areas where research into the welfare of animals is required; and

  • (ii) legislative proposals concerning the welfare of animals:

• (b) to make recommendations to the Minister—

  • (i) under section 3(3) (which relates to manipulation); and

  • (ii) under sections 6 and 16 (which relate to surgical procedures):

• (c) to discharge its functions under section 32 in relation to the making of Orders in Council declaring traps or devices to be prohibited or restricted traps or devices:

• (d) to discharge its functions under section 32 in relation to the conditions that should be attached to the sale or use of any restricted trap or restricted device:

• (e) to make recommendations to the Minister concerning the issue, amendment, suspension, revocation, and review of codes of welfare:

• (f) to promote, and to assist other persons to promote, the development of guidelines in relation to—

  • (i) the use of traps or devices or both:

  • (ii) the hunting or killing of animals in a wild state.

(1) The National Animal Welfare Advisory Committee consists of not more than 11 members.

(2) Those members comprise—

• (a) a chairperson appointed by the Minister; and

• (b) such other members (not exceeding 9) as are appointed by the Minister in accordance with subsection (3); and

• (c) the chairperson of the National Animal Ethics Advisory Committee.

(3) The Minister must, in making appointments under subsection (2)(b), have regard to the need for the Committee to possess knowledge and experience in the following areas:

• (a) veterinary science:

• (b) agricultural science:

• (c) animal science:

• (d) the commercial use of animals:

• (e) the care, breeding, and management of companion animals:

• (f) ethical standards and conduct in respect of animals:

• (g) animal welfare advocacy:

• (h) the public interest in respect of animals:

• (i) environmental and conservation management:

• (j) any other area the Minister considers relevant.

(1) Every appointed member of the National Animal Welfare Advisory Committee—

• (a) must be appointed by the Minister by notice published in the Gazette; and

• (b) subject to clause 2 of Schedule 1, holds office for such term, not exceeding 3 years, as the Minister specifies in the notice of appointment; and

• (c) takes office from the date of the publication of the notice of appointment in the Gazette or on such later date as may be specified in the notice; and

• (d) is eligible for reappointment from time to time.

(2) Despite subsection (1)(b), every appointed member of the National Animal Welfare Advisory Committee, unless sooner vacating office under clause 2 of Schedule 1, continues in office until the member's successor comes into office.

The National Animal Welfare Advisory Committee must, as soon as practicable after the end of each year ending with 31 December, furnish to the Minister a report of its operations during that year.

The provisions set out in Schedule 1 apply to the National Animal Welfare Advisory Committee and its proceedings.

This section establishes a committee to be called the National Animal Ethics Advisory Committee.

The functions of the National Animal Ethics Advisory Committee are—

• (a) to advise the Minister on ethical issues and animal welfare issues arising from research, testing, and teaching:

• (b) to make recommendations to the Minister under section 3(3) (which relates to manipulation):

• (c) to make recommendations to the Director-General under section 85 (which relates to restrictions on use of non-human hominids):

• (d) to provide advice and information on the development and review of codes of ethical conduct:

• (e) to make recommendations to the Director-General concerning the approval, amendment, suspension, or revocation of any code of ethical conduct:

• (f) to make recommendations to the Minister concerning the setting of standards and policies for codes of ethical conduct:

• (g) to provide information and advice to animal ethics committees:

• (h) to recommend, for approval by the Director-General under section 109, such persons as are, in the opinion of the Committee, suitable for appointment as accredited reviewers:

• (i) to consider the reports of independent reviews of code holders and animal ethics committees:

• (j) to make recommendations to the Minister under section 118(3) (which relates to the power of the Minister to approve research or testing).

(1) The National Animal Ethics Advisory Committee consists of not more than 10 members.

(2) Those members comprise—

• (a) a chairperson appointed by the Minister; and

• (b) such other members (not exceeding 9) as are appointed by the Minister in accordance with subsection (3).

(3) The Minister must, in making appointments under subsection (2)(b), have regard to—

• (a) the public interest in relation to the manipulation of animals in research, testing, and teaching; and

• (b) the need for the Committee to possess knowledge and experience in the following areas:

  • (i) veterinary science:

  • (ii) medical science:

  • (iii) biological science:

  • (iv) the commercial use of animals in research and testing:

  • (v) ethical standards and conduct in respect of animals:

  • (vi) education issues, including the use of animals in schools:

  • (vii) the manipulation of animals in research, testing, and teaching:

  • (viii) environmental and conservation management:

  • (ix) animal welfare advocacy:

  • (x) any other area the Minister considers relevant; and

• (c) the need for a balance between those members who are currently involved in research, testing, and teaching and those members who are not so involved.

(1) The chairperson and every other member of the National Animal Ethics Advisory Committee—

• (a) must be appointed by the Minister by notice published in the Gazette; and

• (b) subject to clause 2 of Schedule 1, holds office for such term, not exceeding 3 years, as the Minister specifies in the notice of appointment; and

• (c) takes office from the date of the publication of the notice of appointment in the Gazette or such later date as may be specified in the notice; and

• (d) is eligible for reappointment from time to time.

(2) Despite subsection (1)(b), the chairperson and every other member of the National Animal Ethics Advisory Committee, unless sooner vacating office under clause 2 of Schedule 1, continues in office until the member's successor comes into office.

The National Animal Ethics Advisory Committee must, as soon as practicable after the end of each year ending with 31 December, furnish to the Minister a report of its operations during that year.

The provisions set out in Schedule 1 apply in relation to the National Animal Ethics Advisory Committee and its proceedings.

The purpose of this Part is to establish procedures for the development, issue, amendment, review, and revocation of codes of welfare that—

• (a) relate to animals that are owned by any person or are in the charge of any person; and

• (b) establish minimum standards with regard to the way in which persons care for such animals and conduct themselves towards such animals; and

• (c) include recommendations on the best practice to be observed by persons in caring for such animals and in conducting themselves towards such animals.

A code of welfare may relate to 1 or more of the following:

• (a) a species of animal:

• (b) animals used for purposes specified in the code:

• (c) animal establishments of a kind specified in the code:

• (d) types of entertainment specified in the code (being types of entertainment in which animals are used):

• (e) the transport of animals:

• (f) the procedures and equipment used in the management, care, or killing of animals or in the carrying out of surgical procedures on animals.

(1) The Minister, the National Animal Welfare Advisory Committee, or any other person may prepare a draft code of welfare.

(2) Where any person other than the National Animal Welfare Advisory Committee prepares a draft code of welfare, that person must forward the draft code to the National Animal Welfare Advisory Committee.

(1) Subject to subsection (2), the National Animal Welfare Advisory Committee must publicly notify every draft code of welfare.

(2) The National Animal Welfare Advisory Committee must not publicly notify a draft code of welfare unless the National Animal Welfare Advisory Committee is satisfied—

• (a) that the draft code complies with the purposes of this Act; and

• (b) that the draft code is so clearly written as to be readily understood; and

• (c) that, in its opinion, the person who prepared the draft code has consulted with representatives of the persons likely to be affected by it.

(3) The National Animal Welfare Advisory Committee must publicly notify the draft code of welfare—

• (a) by publishing, in 1 or more daily newspapers circulating in the cities of Auckland, Wellington, Christchurch, and Dunedin, a notice complying with subsection (4); and

• (b) by giving such further notice (if any) as the National Animal Welfare Advisory Committee considers appropriate, having regard to the persons likely to have an interest in the draft code.

(4) Every notice published or given under subsection (3) must—

• (a) contain a description of the draft code of welfare; and

• (b) state that submissions on the draft code of welfare may be made in writing by any person; and

• (c) state that every submission on the draft code of welfare should specify—

  • (i) those aspects that the submission supports; and

  • (ii) those aspects that the submission opposes; and

  • (iii) the reasons for supporting the aspects supported and the reasons for opposing the aspects opposed; and

  • (iv) any alternatives to provisions of the draft code that the person wishes to recommend; and

• (d) a list of the places where the draft code may be obtained or inspected; and

• (e) the closing date for the receipt by the National Animal Welfare Advisory Committee of submissions on the draft code, being a date no earlier than 30 working days after the date on which the notice is first published in a daily newspaper in accordance with subsection (3)(a); and

• (f) the address of the place to which submissions on the draft code may be delivered or sent.

(1) The National Animal Welfare Advisory Committee may consult with those persons who, in response to a notice published or given under section 71(3), make submissions on the draft code of welfare.

(2) Subsection (1) does not prevent the National Animal Welfare Advisory Committee from adopting additional means of consulting with any person in relation to an intention to make a recommendation to the Minister to issue a code of welfare.

(1) The National Animal Welfare Advisory Committee must, in considering the content of a draft code of welfare, and before deciding whether to recommend to the Minister the issue of that code,—

• (a) be satisfied that the proposed standards are the minimum necessary to ensure that the purposes of this Act will be met; and

• (b) be satisfied that the recommendations for best practice (if any) are appropriate.

(2) In carrying out its functions under subsection (1), the National Animal Welfare Advisory Committee must have regard to—

• (a) the submissions made under section 71 and the consultations undertaken by the Committee; and

• (b) good practice and scientific knowledge in relation to the management of the animals to which the code relates; and

• (c) available technology; and

• (d) any other matters considered relevant by the National Animal Welfare Advisory Committee.

(3) Despite subsection (1), the National Animal Welfare Advisory Committee may, in exceptional circumstances, recommend minimum standards and recommendations for best practice that do not fully meet—

• (a) the obligations of section 10 or section 11; or

• (b) the obligations that a person would need to observe in the treatment, transport, or killing of animals if that person were to avoid committing an offence against section 12(c) or section 21(1)(b) or section 22(2) or section 23(1) or section 23(2) or section 29(a).

(4) The National Animal Welfare Advisory Committee must, in making recommendations under subsection (3), have regard to—

• (a) the feasibility and practicality of effecting a transition from current practices to new practices and any adverse effects that may result from such a transition:

• (b) the requirements of religious practices or cultural practices or both:

• (c) the economic effects of any transition from current practices to new practices.

(1) The National Animal Welfare Advisory Committee must, as soon as reasonably practicable after the closing date for the receipt of submissions in relation to a draft code of welfare, decide whether or not to recommend to the Minister the issue of the code.

(2) The Committee's recommendations must be accompanied by a report setting out—

• (a) the reasons for the Committee's recommendation; and

• (b) the nature of any significant differences of opinion about the code, or any provision of it, that have been shown by the submissions; and

• (c) the nature of any significant differences of opinion about the code, or any provision of it, that have occurred within the Committee.

(3) The National Animal Welfare Advisory Committee must send to the person who prepared the draft code a copy of its decision and a copy of the report made under subsection (2).

(1) The Minister may, after considering the recommendation made to the Minister by the National Animal Welfare Advisory Committee under section 74 and after having had regard to the matters specified in section 73, decide—

• (a) to issue the code of welfare by a notice in the Gazette after making such changes (if any) to the draft code as the Minister considers appropriate; or

• (b) to refer the code of welfare back to the National Animal Welfare Advisory Committee with a request that the Committee reconsider 1 or more of the aspects of the code of welfare; or

• (c) to decline to issue the code of welfare.

(2) Where the Minister refers the code of welfare back to the National Animal Welfare Advisory Committee under subsection (1)(b), the Committee must, after reconsidering the aspects referred to by the Minister in the Minister's request,—

• (a) make a further report to the Minister setting out its recommendations with regard to those aspects of the code and its reasons for its recommendations; and

• (b) supply to the person who prepared the draft code a copy of the report made under paragraph (a).

(3) Subsection (1) applies, with all necessary modifications, to the recommendations received by the Minister under subsection (2).

(4) Where the Minister decides, under subsection (1)(c) to decline to issue the code of welfare, the Minister must give to the National Animal Welfare Advisory Committee and to the person who prepared the code of welfare, the Minister's reasons for declining to issue the code of welfare.

(5) A code of welfare comes into force on the day after the date of the publication under subsection (1)(a) of a notice approving the issue of the code or on such later date as may be specified in that notice.

(1) The Minister may from time to time, by notice in the Gazette,—

• (a) revoke a code of welfare; or

• (b) make amendments of a minor nature to a code of welfare (being minor amendments that would not materially affect the purposes of the code).

(2) The Minister must, before publishing a notice under subsection (1), consult with the National Animal Welfare Advisory Committee about the proposed revocation or amendments.

(1) Where a code of welfare is issued under section 75, the Minister must ensure that, so long as that code of welfare remains in force, copies of that code of welfare, and of all amendments to that code, are available—

• (a) for inspection by members of the public free of charge; and

• (b) for purchase by members of the public at a reasonable price.

(2) The notice by which the code of welfare or the amendment is issued must show, in relation to the code of welfare, or the amendment to which the notice relates, a place at which copies of the code, or, as the case requires, the amendment, are available for inspection free of charge and for purchase.

(1) The National Animal Welfare Advisory Committee may from time to time, and must at intervals of not more than 10 years, review every code of welfare for the time being in force.

(2) The National Animal Welfare Advisory Committee must review a code of welfare if required to do so by the Minister by notice in writing.

(3) Sections 71 to 75 apply, with the necessary modifications, in relation to a review of the code of welfare as if the review were a proposal to make a recommendation to the Minister to issue the code.

(4) Despite subsection (1), the Governor-General may, by Order in Council made in accordance with section 78A, extend the date at or by which any particular review must be carried out.

(5) Where the Governor-General does so, subsection (1) then applies to subsequent reviews on the basis of the extended date.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the date at or by which any particular review under section 78 must be carried out.

(2) In deciding whether to recommend the making of an order under subsection (1), the Minister must—

• (a) consult in accordance with section 184; and

• (b) have regard to—

  • (i) the welfare of any affected animals; and

  • (ii) the interests of persons involved in the commercial use of any affected animals; and

  • (iii) any other relevant factor.

Every code of welfare issued under section 75 and every notice amending or revoking any such code of welfare, are deemed to be regulations for the purposes of the Regulations (Disallowance) Act 1989, but are not regulations for the purposes of the Acts and Regulations Publication Act 1989.

(1) The principal purpose of this Part is to ensure that the use of animals in research, testing, and teaching is confined to cases in which there is good reason to believe—

• (a) that the findings of the research or testing or the results of the teaching will enhance—

  • (i) the understanding of human beings, animals, or ecosystems; or

  • (ii) the maintenance or protection of human or animal health or welfare; or

  • (iii) the management, protection, or control of ecosystems, plants, animals, or native fauna; or

  • (iv) the production and productivity of animals; or

  • (v) the achievement of educational objectives; and

• (b) that the benefits derived from the use of animals in research, testing, and teaching (whether the direct benefits of a project or the likely benefits of that project when combined with the findings of other related projects that have been undertaken in the past or that are currently being undertaken or are planned for the future) are not outweighed by the likely harm to the animals; and

• (c) that, where the research, testing, or teaching involves the use of a non-human hominid, that research, testing, or teaching may be carried out only where either—

  • (i) it is in the best interests of the non-human hominid; or

  • (ii) it is in the interest of the species to which the non-human hominid belongs and the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching (being benefits of the kind described in paragraph (b)) are not outweighed by the likely harm to the non-human hominid.

(2) The other purposes of this Part are—

• (a) to ensure that,—

  • (i) in relation to animals used in research, testing, and teaching, all reasonable steps are taken to ensure that the physical, health, and behavioural needs of those animals are met in accordance with both good practice and scientific knowledge; and

  • (ii) where animals used in research, testing, and teaching are ill or injured, they receive, where practicable, treatment that alleviates any unreasonable or unnecessary pain or distress:

  • (iii) where, because of the nature of the research, testing, or teaching, the needs referred to in subparagraph (i) cannot be fully met or the treatment referred to in subparagraph (ii) cannot be provided, any degree of pain or distress is reduced to the minimum possible in the circumstances:

• (b) to promote efforts—

  • (i) to reduce the number of animals used in research, testing, and teaching to the minimum necessary:

  • (ii) to refine techniques used in any research, testing, and teaching so that the harm caused to the animals is minimised and the benefits are maximised:

  • (iii) to replace animals as subjects for research, and testing by substituting, where appropriate, non-sentient or non-living alternatives:

  • (iv) to replace the use of animals in teaching by substituting for animals, where appropriate, non-sentient or non-living alternatives or by imparting the information in another way.

(1) Nothing in Parts 1 and 2 prevents animals being used in research, testing, or teaching in accordance with this Part.

(2) The limitation imposed by subsection (1) on the application of Parts 1 and 2 does not apply in any case where any animal is used in research, testing, or teaching other than in accordance with this Part or other than in accordance with the conditions of any project approval.

(1) No person may carry out research, testing, or teaching involving the use of animals unless—

• (a) that person holds a code of ethical conduct approved under this Part; or

• (b) that person is authorised or required by a contract of employment, or any other type of contract, entered into with a person of the kind described in paragraph (a) to carry out the research, testing, or teaching.

(2) A person commits an offence who contravenes subsection (1).

(1) Notwithstanding section 82, no person may carry out any project unless it has first been approved by an animal ethics committee appointed by the code holder and is carried out in accordance with any conditions imposed by that animal ethics committee.

(2) A person commits an offence who contravenes subsection (1).

(1) A person may carry out research, testing, or teaching without obtaining, under section 91, approval of a code of ethical conduct and without appointing an animal ethics committee, if—

• (a) each project carried out by that person is approved by an animal ethics committee established by a person who is a code holder; and

• (b) the policies and procedures relating to the arrangements in relation to the research, testing, or teaching are set out in the code holder's code of ethical conduct; and

• (c) the arrangements in relation to the research, testing, or teaching are agreed on by that person, the code holder, and the animal ethics committee; and

• (d) the code holder, before the research, testing, or teaching is commenced, gives to the Director-General written notice of the arrangements for the research, testing, or teaching.

(2) This section has effect despite anything in sections 82 and 83.

(1) No person may carry out any research, testing, or teaching involving the use of a non-human hominid unless such use has first been approved by the Director-General and the research, testing, or teaching is carried out in accordance with any conditions imposed by the Director-General.

(2) The Director-General may, in giving approval under subsection (1), impose, as conditions of that approval, such conditions as the Director-General thinks fit.

(3) The Director-General may from time to time, by notice in writing to any person holding an approval under subsection (1),—

• (a) revoke any condition of that approval:

• (b) revoke any condition of that approval, and impose another condition in its place:

• (c) amend any condition of that approval.

(4) The Director-General must consult with the National Animal Ethics Advisory Committee before exercising the powers conferred by subsection (1) or subsection (2) or subsection (3).

(5) The Director-General must not give approval under subsection (1) unless he or she is satisfied—

• (a) that the use of the non-human hominid in the research, testing, or teaching is in the best interests of the non-human hominid; or

• (b) that the use of the non-human hominid in the research, testing, or teaching is in the interests of the species to which the non-human hominid belongs and that the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching are not outweighed by the likely harm to the non-human hominid.

(6) The Director-General must monitor the carrying out of any research, testing, or teaching to which an approval given under subsection (1) relates.

(7) A person commits an offence who contravenes subsection (1).

(8) Nothing in sections 82 to 84 applies in relation to research, testing, or teaching that involves the use of a non-human hominid.

(1) The Director-General may at any time, by notice in writing to the person to whom an approval under section 85(1) was given, revoke that approval if the Director-General is satisfied,—

• (a) where the approval was given in accordance with section 85(5)(a), that the use of the non-human hominid in the research, testing, or teaching is no longer in the best interests of the non-human hominid; or

• (b) where the approval was given in accordance with section 85(5)(b), that the use of the non-human hominid in the research, testing, or teaching is no longer in the interests of the species to which the non-human hominid belongs; or

• (c) where the approval was given in accordance with section 85(5)(b), that the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching (being benefits of the kind described in section 80(1)(b)) are outweighed by the likely harm to the non-human hominid; or

• (d) that any condition of the approval is not being complied with; or

• (e) that the person to whom the approval was granted—

  • (i) is no longer carrying out research, testing, or teaching; or

  • (ii) has been convicted of an offence against any Act specified in section 96(2)(b); or

  • (iii) no longer has the capability and skills to carry out research, testing, or teaching; or

  • (iv) has failed to comply in a material respect with this Act or any regulations made under this Act or any code of ethical conduct; or

  • (v) has provided in that person's application for the approval information that was false in a material respect.

(2) The Director-General must, before revoking the approval, give the person to whom the approval was given, an opportunity to be heard.

Any person who—

• (a) is engaged in, or wishes to be engaged in, research, testing, or teaching; and

• (b) wishes to use animals in that research, testing, or teaching,—

may apply to the Director-General for approval of a code of ethical conduct in relation to the use of animals.

(1) Each code of ethical conduct must contain provisions that set out, in relation to the carrying out of the research, testing, or teaching to which the code relates, the policies to be adopted and the procedures to be followed,—

• (a) by the code holder; and

• (b) by an animal ethics committee appointed by the code holder.

(2) The policies and procedures must—

• (a) enable the animal ethics committee to carry out its functions effectively; and

• (b) enable persons who are members of the animal ethics committee but who are not employed by the code holder to have an effective input into the working of the committee; and

• (c) make provision for adequate monitoring of compliance with the conditions of project approvals to be carried out; and

• (d) make provision for the code holder to collect the information and to maintain the records required by regulations made under this Act; and

• (e) specify animal management practices and facilities that are such as to enable the purposes of this Part to be met adequately; and

• (f) be such as to ensure that where any member of the animal ethics committee makes a complaint, that complaint may be dealt with fairly and promptly by the animal ethics committee or the code holder; and

• (g) include, if necessary, the policies and procedures referred to in section 84(1)(b).

(3) The provisions of each code of ethical conduct must—

• (a) be consistent with this Act and with any standards or policies prescribed by regulations made under this Act; and

• (b) be such as to enable any requirements specified in regulations made under this Act to be met.

(1) Every application under section 87 must be in writing and must contain—

• (a) information on the general nature and extent of the research, testing, or teaching in which the applicant is engaged or proposes to be engaged; and

• (b) a statement of the period in respect of which the approval is sought; and

• (c) particulars of any convictions against—

  • (i) this Act; or

  • (ii) the Animals Protection Act 1960; or

  • (iii) the Agricultural Compounds and Veterinary Medicines Act 1997; or

  • (iv) the Biosecurity Act 1993; or

  • (v) the Companies Act 1993; or

  • (vi) the Crimes Act 1961; or

  • (vii) the Dog Control Act 1996; or

  • (viii) the Serious Fraud Office Act 1990; or

  • (ix) the Trade in Endangered Species Act 1989; or

  • (x) the Veterinarians Act 2005; or

  • (xi) any Act that was replaced by any of the Acts specified in subparagraphs (ii) to (x); or

  • (xii) any Act passed in substitution for any of the Acts specified in subparagraphs (iii) to (x).

(2) Every application under section 87 must be accompanied by—

• (a) the proposed code of ethical conduct to which the application relates; and

• (b) evidence, in the form of independent references and appropriate academic qualifications, that the applicant, or the persons employed or engaged to do the work, have the capability, skills, and experience to carry out the type of research, testing, or teaching to which the application relates; and

• (c) where the application relates to a second or subsequent period of research, testing, or teaching, a report—

  • (i) made by an accredited reviewer; and

  • (ii) showing that the work carried out during the previous period of research, testing, or teaching was satisfactory in terms of section 106(1).

(3) The Director-General must refer to the National Animal Ethics Advisory Committee for its comments every application made under section 87 and must consult with that Committee with regard to every such application.

(4) Where a person, who is deemed, by section 192(b)(ii), to be a code holder for the purposes of section 105(3), makes an application under section 87, that application is deemed for the purposes of this section to be an application relating to a second or subsequent period of research, testing, or teaching.

The Director-General may, before deciding whether to approve, or to refuse to approve, a proposed code of ethical conduct, change the contents of the code if the National Animal Ethics Advisory Committee so recommends after consultation with the applicant.

(1) The Director-General must, in considering any application under section 87, have regard to the following matters:

• (a) the contents of the proposed code of ethical conduct; and

• (b) the evidence and other information and particulars supplied to the Director-General in accordance with section 89(1) and paragraphs (b) and (c) of section 89(2); and

• (c) the consultation conducted under section 89(3).

(2) On approving the proposed code of ethical conduct, the Director-General may impose such conditions as he or she considers appropriate.

(3) Where the Director-General approves a proposed code of ethical conduct, the Director-General must publish a notice of the approval in the Gazette.

(4) Where the Director-General refuses to approve a proposed code of ethical conduct, the Director-General must give the applicant written notice of—

• (a) the refusal; and

• (b) the reasons for the refusal.

(1) Subject to subsection (3), the Director-General must, within 40 working days after receiving an application under section 87—

• (a) decide whether to approve the proposed code of ethical conduct, with or without changes, and, if it is to be approved, any conditions to be imposed; and

• (b) give or post to the applicant written notice of the decision on the application.

(2) If the period specified in subsection (1) expires without the Director-General having approved the proposed code of ethical conduct and without having given a notice under subsection (1)(b), the Director-General is deemed to have refused to approve the proposed code of ethical conduct.

(3) If, within the period specified in subsection (1), the Director-General notifies the applicant in accordance with subsection (1)(b) that either the Director-General or the National Animal Ethics Advisory Committee either—

• (a) requires more information from the applicant; or

• (b) needs to consult the applicant,—

the period specified in subsection (1) is deemed to be extended by a further 40 working days.

(1) An approval of a code of ethical conduct is personal to the code holder and, except with the consent of the Director-General, is not transferable.

(2) An approval of a code of ethical conduct does not vest by operation of law in any person other than the code holder.

(3) For the purposes of subsection (1), where—

• (a) a code holder assigns the assets and goodwill of the code holder's business to another person; or

• (b) a transfer of all or some of the share capital of the code holder has the effect of transferring control of the code holder's business to another person,—

every such assignment or transfer has the effect of revoking the approval of the code of ethical conduct held by the code holder unless that assignment or transfer is effected with the consent of the Director-General.

(1) Every approval under section 91 of a code of ethical conduct has effect for such period, not exceeding the period of 5 years beginning with the date of the publication in the Gazette of notice of the approval of that code, as the Director-General specifies in that notice.

(2) Subsection (1) is subject to sections 95 and 96.

(1) Every code holder may apply to the Director-General for his or her approval to the amendment, suspension, or revocation of the approval of the code of ethical conduct in respect of which the code holder holds the Director-General's approval.

(2) Every such application must be in writing and must state the reason why the code of ethical conduct should be amended, suspended, or revoked.

(3) The Director-General must refer to the National Animal Ethics Advisory Committee for its comments every application made under subsection (1) for his or her approval to the amendment of a code of ethical conduct and must consult with that Committee with regard to every such application.

(4) Despite subsections (1) to (3), nothing in this section prevents a code holder from making minor amendments to a code of ethical conduct (being minor amendments that would not materially affect the purposes of the code) without the approval of the Director-General.

(5) Where, in any year ending with 31 December, a code holder makes minor amendments to a code of ethical conduct, that code holder must, as soon as practicable after the end of that year but not later than 31 March in the succeeding year, give to the Director-General in writing particulars of those minor amendments.

(1) The Director-General must, in considering any application under section 95 for approval to the amendment to a code of ethical conduct, consider—

• (a) whether the current provisions of the code of ethical conduct are appropriate to the activities of the code holder; and

• (b) whether scientific developments make it appropriate for the code of ethical conduct to be amended; and

• (c) the consultation conducted under section 95(3).

(2) The Director-General may, whether or not an application is made under section 95, suspend or revoke the approval of a code of ethical conduct if the Director-General believes, on reasonable grounds, that the code holder—

• (a) is no longer carrying out research, testing, or teaching; or

• (b) has been convicted of an offence against—

  • (i) this Act; or

  • (ii) the Animals Protection Act 1960; or

  • (iii) the Agricultural Compounds and Veterinary Medicines Act 1997; or

  • (iv) the Biosecurity Act 1993; or

  • (v) the Companies Act 1993; or

  • (vi) the Crimes Act 1961; or

  • (vii) the Dog Control Act 1996; or

  • (viii) the Serious Fraud Office Act 1990; or

  • (ix) the Trade in Endangered Species Act 1989; or

  • (x) the Veterinarians Act 2005; or

  • (xi) any Act that was replaced by any of the Acts specified in subparagraphs (ii) to (x); or

  • (xii) any Act passed in substitution for any of the Acts specified in subparagraphs (iii) to (x); or

• (c) no longer has the capability and skills necessary to carry out research, testing, or teaching; or

• (d) has failed to comply in a material respect with this Act or any regulations made under this Act or the code of ethical conduct; or

• (e) has provided in or with the code holder's application under section 87 information that was false in a material respect.

(3) Except where a code holder applies under section 95(1) for the suspension or revocation of the approval of a code of ethical conduct, the Director-General must, before revoking or suspending the approval of a code of ethical conduct, give the code holder an opportunity to be heard and must consult with the National Animal Ethics Advisory Committee with regard to the proposed revocation or suspension of the code of ethical conduct.

(4) Where the Director-General decides to approve the suspension or revocation of the approval of a code of ethical conduct, the Director-General must publish a notice of the decision in the Gazette.

(5) Where the Director-General refuses to approve an amendment to a code of ethical conduct, the Director-General must give the applicant written notice of—

• (a) the refusal; and

• (b) the reasons for the refusal.

(1) Where a decision under section 85 or section 86 or section 91 or section 96 is made by a person acting under the delegated authority of the Director-General, the person seeking an approval or holding an approval under section 85 or the applicant or the code holder, as the case may be, are each entitled to have the decision reviewed by the Director-General.

(2) Where a decision under section 85 or section 86 or section 91 or section 96 is made by the Director-General, the person seeking an approval or holding an approval under section 85 or the applicant or the code holder, as the case may be, are each entitled to have the decision reviewed by the Minister.

Every code holder must establish and maintain an animal ethics committee.

(1) The functions of an animal ethics committee are—

• (a) to consider and determine on behalf of the code holder applications for the approval of projects:

• (b) to consider and determine, under section 84(1)(a), applications for the approval of projects:

• (c) to set, vary, and revoke conditions of project approvals:

• (d) to monitor compliance with conditions of project approvals:

• (e) to monitor animal management practices and facilities to ensure compliance with the terms of the code of ethical conduct:

• (f) to consider and determine applications for the renewal of project approvals:

• (g) to suspend or revoke, where necessary, project approvals:

• (h) to recommend to the code holder amendments to the code of ethical conduct.

(2) Each animal ethics committee has such powers as are reasonably necessary to enable it to carry out its functions.

In considering any application for the approval of a project and in setting, varying, or revoking conditions of the approval of a project, every animal ethics committee must have regard to such of the following matters as are relevant:

• (a) the purposes of this Part; and

• (b) any matters that the committee is required to consider by regulations made under this Act; and

• (c) the scientific or educational objectives of the project; and

• (d) the harm to, or the distress felt by, the animals as a result of the manipulation, and the extent to which that harm or distress can be alleviated by any means (including, where the pain or distress cannot be held within reasonable levels, the abandonment of the manipulation or the humane destruction of animals); and

• (e) whether the design of the experiment or demonstration is such that it is reasonable to expect that the objectives of the experiment or demonstration will be met; and

• (f) the factors that have been taken into account in the choice of animal species; and

• (g) whether the number of animals to be used is the minimum necessary to ensure a meaningful interpretation of the findings and the statistical validity of the findings; and

• (h) whether adequate measures will be taken to ensure the general health and welfare of animals before, during, and after manipulation; and

• (i) whether suitably qualified persons will be engaged in supervising and undertaking the research, testing, or teaching; and

• (j) whether any duplication of an experiment is proposed and, if so, whether any such duplication will be undertaken only if the original experiment—

  • (i) is flawed in a way that was not able to be predicted; or

  • (ii) needs to be duplicated for the purpose of confirming a result that was unexpected or has far-reaching implications; and

• (k) whether the same animals are to be used repeatedly in successive projects, and, if so, the cumulative effect of the successive projects on the welfare of the animals; and

• (l) whether there is a commitment to ensuring that findings of any experiment will be adequately used, promoted, or published; and

• (m) any other matters that the committee considers relevant.

(1) Each animal ethics committee is to consist of at least 4 members.

(2) If the code holder is an organisation, the members of the animal ethics committee must be appointed by the chief executive of the organisation or his or her nominee.

(3) One member must be—

• (a) the code holder; or

• (b) if the code holder is an organisation, a senior member of the organisation appointed by the chief executive to be a member of the committee.

(4) Any senior member of an organisation who is appointed under subsection (3)(b) must be a person who is capable of evaluating—

• (a) each proposal for a project; and

• (b) the qualifications and skills of the proposer of a project; and

• (c) the scientific value or the teaching value, as the case may require, of a project.

(5) One member must be a veterinarian (not being a veterinarian who is an employee of, or is otherwise associated with, the code holder) appointed by the code holder on the nomination of the New Zealand Veterinary Association or a similar national body of veterinarians.

(6) One member must be a person appointed by the code holder on the nomination of an approved organisation.

(7) The person appointed under subsection (6) must not be—

• (a) a person who is in the employ of, or is otherwise associated with, the code holder; or

• (b) a person who is involved in the use of animals for research, testing, or teaching.

(8) One member must be a person appointed by the code holder on the nomination of a territorial authority or regional council.

(9) The person appointed under subsection (8) must not be—

• (a) a person who is in the employ of, or is otherwise associated with, the code holder; or

• (b) a person who is associated with the scientific community or an animal welfare agency.

(10) The appointed members of each animal ethics committee hold office for such terms and on such conditions as are specified in the code of ethical conduct.

The procedure of an animal ethics committee must, except as provided in this Act or in regulations made under this Act or in the code of ethical conduct, be determined by the committee.

(1) Any member of an animal ethics committee who believes that the committee or the code holder is failing to comply in a material respect with this Act or with any regulations made under this Act or with the code of ethical conduct, may report the non-compliance to the Director-General.

(2) A member of an animal ethics committee who makes a report under subsection (1) in good faith is not to be liable to any civil or criminal proceedings or to any disciplinary proceedings by reason of having made that report.

(3) The Director-General must use his or her best endeavours not to disclose any information that might identify the person who made the report unless—

• (a) the person consents to the disclosure of that information; or

• (b) the Director-General reasonably believes that disclosure of the identifying information—

  • (i) is essential to the investigation of the allegations made in the report; or

  • (ii) is essential having regard to the principles of natural justice.

(4) Nothing in the Official Information Act 1982 or the Privacy Act 1993 requires the Director-General to disclose information that might identify the person who made the report.

No member of an animal ethics committee is personally liable for any act done or omitted by the member or the committee in good faith in the course of the operations of the committee.

(1) An independent review of each code holder and of each animal ethics committee established and maintained by the code holder must be undertaken in accordance with this section.

(2) Where the code holder in respect of a code of ethical conduct is—

• (a) a person who, on the approval of that code, became a code holder for the first time; or

• (b) a person who, on the approval of that code, was a person who had not, at any time in the period of 2 years immediately preceding the date of that approval, been a code holder,—

an independent review must take place within 2 years after the date on which notice of that approval was published in the Gazette.

(3) Where a code holder (including a code holder to whom subsection (2) applies) applies for the approval of a code of ethical conduct for a second or subsequent period, an independent review must have been completed before the period of the current approval has expired.

(1) The purpose of an independent review is to review compliance by a code holder, and by each animal ethics committee appointed by the code holder, with the requirements and standards of this Act and of any regulations made under this Act and of the code of ethical conduct.

(2) The accredited reviewer is entitled, in relation to an animal ethics committee, to review all aspects of the committee's decision-making process but is not entitled to pass judgment on the validity or appropriateness of the final decision except where failure to comply with the Act or poor process appears to have had a significant bearing on the decision.

The independent review is to relate,—

• (a) in the case of an independent review to which section 105(2) relates, to the period since the code of ethical conduct was approved; or

• (b) in the case of an independent review to which section 105(3) relates, to the period since the last independent review.

(1) Each independent review is to be conducted by an accredited reviewer appointed by the code holder.

(2) The code holder appointing the accredited reviewer must pay the accredited reviewer for the accredited reviewer's work in conducting the review.

(3) The remuneration paid for the work is to be such as is agreed on by the code holder and the accredited reviewer.

(1) The Director-General may, on the application of any natural person, accredit that person to carry out independent reviews under section 105.

(2) Before granting accreditation, the Director-General must be satisfied that the person is a fit and proper person to conduct reviews under section 105, having regard to—

• (a) the relevant competencies possessed by the person; and

• (b) the person's character or reputation; and

• (c) the person's ability to maintain an appropriate degree of impartiality and independence in conducting reviews under section 105.

(3) The Director-General may from time to time, after consultation with the National Animal Ethics Advisory Committee, specify, by notice in the Gazette, the qualifications, experience, or other requirements to be met by persons wishing to become accredited reviewers.

(4) For the purposes of this Act, the Director-General may, without application being made, grant accreditation to any officer or employee of the Ministry who is qualified to carry out reviews under section 105.

Every accredited reviewer must—

• (a) maintain an appropriate degree of impartiality and independence in carrying out his or her duties; and

• (b) take all reasonable steps to ensure that his or her judgment is not impaired—

  • (i) by any relationship with, or interest in, the person or organisation subject to review; or

  • (ii) by any involvement in the development of, or the process for the approval of, a code of ethical conduct; and

• (c) use his or her best endeavours to comply with, and give effect to, any relevant performance standards or other requirements issued by the Director-General under section 112; and

• (d) keep full and readily accessible records of each independent review conducted by the accredited reviewer.

(1) Every application for accreditation under section 109 must—

• (a) be made in writing to the Director-General; and

• (b) be made on a form provided by the Director-General and in a manner approved by the Director-General; and

• (c) be accompanied by the prescribed fee (if any).

(2) For the purpose of assessing the matters specified in section 109(2), the Director-General may require an applicant to supply information additional to that contained in the application.

(3) If the applicant fails to supply the information within 3 months after the request, or within such further time as the Director-General may allow, the application lapses.

The Director-General may from time to time, by notice in the Gazette,—

• (a) issue performance standards in relation to the exercise or performance by accredited reviewers of their functions, powers, and duties under this Act:

• (b) amend or revoke any performance standards issued under paragraph (a).

The provisions set out in Schedule 2 apply in respect of both accreditation under section 109 and accredited reviewers.

The accredited reviewer must, in conducting the independent review, assess the extent to which the code holder and the animal ethics committee are—

• (a) implementing the policies, procedures, and requirements set out in this Act and in any regulations made under this Act and in the code of ethical conduct; and

• (b) complying with this Act and any regulations made under this Act and the code of ethical conduct.

The accredited reviewer must, after conducting a review,—

• (a) prepare a draft report setting out—

  • (i) the preliminary conclusions reached by the reviewer; and

  • (ii) the preliminary recommendations to be made by the accredited reviewer; and

• (b) send copies of the draft report to the code holder; and

• (c) allow the code holder at least 15 working days within which to respond to and comment on the contents of the draft report; and

• (d) after complying with paragraphs (a) to (c) and considering any response and comments made by the code holder in relation to the draft report, prepare a final report setting out the accredited reviewer's conclusions and recommendations; and

• (e) send, to the code holder, a copy of the final report; and

• (f) send, to the Director-General and the National Animal Ethics Advisory Committee,—

  • (i) a copy of the final report; and

  • (ii) a copy of any response and comments made by the code holder in relation to the draft report.

(1) The Director-General must, after receiving a copy of the final report, inform the code holder in writing whether, in the opinion of the Director-General, the report indicates either—

• (a) that the code holder has achieved a satisfactory level of compliance; or

• (b) that the code holder has not achieved a satisfactory level of compliance.

(2) Where the Director-General is of the opinion that the report shows that the code holder has not achieved a satisfactory level of compliance, the Director-General must inform the code holder in writing of the actions that the code holder is required to take in order to achieve a satisfactory level of compliance.

(1) Where the Minister has reasonable grounds to believe that a code holder or an animal ethics committee may not be complying with this Act or any regulations made under this Act or the relevant code of ethical conduct, the Minister may, at the Crown's expense, appoint a person to make an independent review of that code holder or that animal ethics committee or both.

(2) The Minister may determine the terms of reference for the review.

(3) This section has effect despite anything in sections 100 to 114.

(4) Sections 115 and 116 apply, with all necessary modifications, in relation to a person appointed under this section,—

• (a) as if that person were an accredited reviewer to whom section 115 applies; and

• (b) as if, for the expression “Director-General” wherever it appears in those sections, there were substituted in each case the word “Minister”.

(1) The Minister may authorise any person or organisation to carry out research or testing without the approval of an animal ethics committee where the Minister is satisfied that such research or testing is necessary in the national interest.

(2) In considering whether the research or testing is necessary in the national interest, the Minister must have regard to the following matters:

• (a) whether the research or testing is necessary for the purpose of protecting New Zealand's biosecurity interests:

• (b) whether the research or testing relates to matters that affect or are likely to affect or are relevant to New Zealand's international obligations:

• (c) whether the research and testing is necessary for the purpose of protecting human or animal health.

(3) Subject to subsection (4), the Minister must consult with the National Animal Ethics Advisory Committee before exercising the powers conferred on the Minister by subsection (1).

(4) Subsection (3) does not apply in any case where the research or testing is necessary in relation to the exercise of emergency powers under other Acts.

(5) Nothing in section 82 or section 83 applies in relation to the carrying out of research or testing authorised by the Minister under subsection (1).

A person who commits an offence against section 82(2) or section 83(2) or section 85(7) is liable on summary conviction,—

• (a) in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; and

• (b) in the case of a body corporate, to a fine not exceeding $125,000.

The purpose of this Part is to—

• (a) specify the criteria for an organisation to be declared as an approved organisation; and

• (b) provide for the appointment of inspectors and auxiliary officers; and

• (c) specify the powers and duties of approved organisations in relation to animals in their custody; and

• (d) specify the powers of inspectors and auxiliary officers, including their powers of search and their powers in relation to animals.

(1) The Minister may from time to time, on the application of any organisation, declare that organisation, by notice in the Gazette, to be an approved organisation for the purposes of this Act.

(2) The application must include—

• (a) the full name and address of the applicant; and

• (b) the area in which the applicant will, if declared to be an approved organisation, operate as an approved organisation; and

• (c) information that will enable the Minister to assess whether the organisation meets the criteria set out in section 122.

(1) The Minister must, before declaring an organisation to be an approved organisation for the purposes of this Act, be satisfied, by the production to the Minister of suitable evidence, that—

• (a) the principal purpose of the organisation is to promote the welfare of animals; and

• (b) the accountability arrangements, financial arrangements, and management of the organisation are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and

• (c) the functions and powers of the organisation are not such that the organisation could face a conflict of interest if it were to have both those functions and powers and the functions and powers of an approved organisation; and

• (d) the employment contracts or arrangements between the organisation and the organisation's inspectors and auxiliary officers are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and

• (e) the persons who may be recommended for appointment as inspectors or auxiliary officers—

  • (i) will have the relevant technical expertise and experience to be able to exercise competently the powers, duties, and functions conferred or imposed on inspectors and auxiliary officers under this Act; and

  • (ii) subject to section 126, will be properly answerable to the organisation.

(2) The Minister may, in making a declaration under section 121, impose, as conditions of the Minister's approval, conditions relating to the establishment by the organisation of performance standards and technical standards for inspectors and auxiliary officers.

(1) The Minister may from time to time, by notice in the Gazette,—

• (a) revoke any declaration made under section 121 if the Minister is satisfied—

  • (i) that the organisation no longer meets any 1 or more of the criteria set out in section 122; or

  • (ii) that the organisation has failed to comply with any condition imposed under section 122(2).

(2) The Minister may from time to time, by notice in the Gazette,—

• (a) revoke any condition imposed under section 122(2):

• (b) revoke any condition imposed under section 122(2), and impose another condition in its place:

• (c) amend any condition imposed under section 122(2) or this section.

(1) There may from time to time be appointed under the State Sector Act 1988 suitable persons to be inspectors for the purposes of this Act.

(2) The Minister may from time to time, on the recommendation of an approved organisation, appoint any person to be an inspector for the purposes of this Act.

(3) Every inspector appointed under subsection (2)—

• (a) must be appointed either—

  • (i) for particular purposes of this Act (which particular purposes must be specified in the inspector's instrument of appointment); or

  • (ii) for the general purposes of this Act; and

• (b) must be appointed either—

  • (i) for a particular district or part or parts of New Zealand; or

  • (ii) to act generally throughout New Zealand.

(4) The Minister may appoint a person to be an inspector under subsection (2) only where the Minister is satisfied that the person has the experience, technical competence, and other qualifications to undertake the functions of an inspector.

(5) Every constable is, by virtue of his or her office, deemed to be an inspector appointed to act generally throughout New Zealand for the general purposes of this Act.

(6) Every inspector appointed under subsection (2)—

• (a) is appointed for such term, not exceeding 3 years, as the Minister thinks fit, and is eligible for reappointment from time to time:

• (b) may at any time be removed from office by the Minister for incapacity affecting performance of duty, neglect of duty, or misconduct proved to the satisfaction of the Minister:

• (c) may resign his or her office by giving written notice to that effect to the Minister:

• (d) must on the expiration of the term of his or her appointment, or on the sooner expiry of his or her appointment by removal from office or resignation, surrender to the Minister his or her instrument of appointment.

(7) Without limiting subsection (6)(b), it is declared that where an approved organisation informs the Minister in writing that an inspector who was appointed on the recommendation of that approved organisation is no longer acting for that approved organisation or for an incorporated society that is a branch or member of that approved organisation in that capacity or in the particular district or part or parts of New Zealand for which the inspector was appointed, the Minister may, by written notice to that inspector, invite that inspector to both resign his or her office in accordance with subsection (6)(c) and surrender his or her instrument of appointment in accordance with subsection (6)(d) by a date specified in the notice, and, if that inspector fails to do so by that date, the Minister may revoke that inspector's appointment.

(8) No person appointed by the Minister under subsection (2) to be an inspector is by virtue of that appointment employed in the Public Service for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.

(9) The Director-General may from time to time establish performance standards and technical standards for inspectors appointed under subsection (1).

(10) Every inspector appointed under subsection (1) or subsection (2) must, when performing his or her functions or duties under this Act or exercising his or her powers under this Act, use his or her best endeavours to comply with, and give effect to, the relevant performance standards or technical standards.

(1) The Director-General may from time to time, on the recommendation of an approved organisation, appoint any person to be an auxiliary officer for the purposes of this Act.

(2) No person appointed by the Director-General under this section to be an auxiliary officer is by virtue of that appointment employed in the Public Service for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.

(3) The Director-General may at any time revoke any appointment made under subsection (1).

(1) All inspectors and auxiliary officers must act under the direction of the Director-General in the exercise and performance of the powers, duties, and functions conferred or imposed on them under this Act.

(2) In the event of any conflict arising between the powers, duties, and functions conferred or imposed on an inspector or auxiliary officer, as the case may be, as an employee or member of an approved organisation and the powers, duties, and functions conferred or imposed on that inspector or auxiliary officer under this Act, the powers, duties, and functions conferred or imposed on that inspector or auxiliary officer under this Act prevail.

(1) Subject to subsections (3) and (4), an inspector may—

• (a) in the case of any land, premises, or place, at any reasonable time or times; and

• (b) in the case of any vehicle, aircraft, or ship, at any reasonable time or times at which the vehicle, aircraft, or ship is stationary,—

enter, without warrant, that land or those premises or that place or any such vehicle, aircraft, or ship for the purposes of inspecting any animal on or in that land or those premises or that place or in or on any such vehicle, aircraft, or ship.

(2) A constable may, for the purpose of exercising the powers conferred by this section or of enabling an inspector to exercise any of the powers conferred by this section, stop any vehicle if the constable has reasonable grounds to believe that an animal on or in that vehicle is suffering or is likely to suffer unreasonable or unnecessary pain or distress.

(3) No inspector may, under subsection (1), enter in or on any dwelling or marae unless he or she is authorised to do so by a search warrant issued under section 131.

(4) In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 nor a ship entitled under any provision of that Act (other than section 8(1)(b)) to be registered as a New Zealand ship, the power that an inspector has, under subsection (1), may be exercised only if the ship—

• (a) is in a port, harbour, roadstead, or anchorage in New Zealand; or

• (b) is otherwise within the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(5) Where an inspector who exercises a power of entry under subsection (1) has reasonable grounds to believe, in respect of any animal found on or in the land, premises, or place or in or on the vehicle, aircraft, or ship, that—

• (a) the animal has been wilfully ill-treated contrary to section 28; or

• (b) the physical, health, and behavioural needs of the animal or the need for the animal to receive treatment from a veterinarian make it necessary or desirable to remove the animal from the land, premises, or place or the vehicle, aircraft, or ship,—

the inspector may take and maintain possession of the animal, by force if necessary, and convey the animal to another place.

(6) The inspector may keep the animal at a place chosen by the inspector until—

• (a) the animal is, under section 172, forfeited to the Crown or to an approved organisation; or

• (b) a District Court Judge orders that the animal be delivered to the owner of the animal or to the person charged with the offence against this Act.

(7) An inspector may take any person in or on any land, premises, or place or in or on an aircraft, ship, or vehicle to assist the inspector with an inspection under subsection (1).

An inspector exercising a power of entry under section 127 must, at the time of initial entry and, if requested at any subsequent time, produce—

• (a) evidence of his or her appointment as an inspector; and

• (b) evidence of his or her identity.

If the person in charge of the land, premises, or place or the vehicle, aircraft, or ship, as the case may be, is not present at the time at which a power of entry is exercised, without warrant, under section 127, the inspector must leave in a prominent place on the land, premises, or place or in or on the vehicle, aircraft, or ship a written statement of—

• (a) the time and date of the entry; and

• (b) the purpose of the entry; and

• (c) the condition of any animals inspected; and

• (d) the animals (if any) that have been removed from the premises in accordance with section 127(5); and

• (e) the name of that inspector; and

• (f) the address of the Police station or other office to which inquiries should be made.

(1) Where an inspector, either in the course of the exercise of a power of entry under section 127 or at any other time, has reasonable grounds to believe that an animal is suffering or is likely to suffer unreasonable or unnecessary pain or distress, the inspector—

• (a) may take all such steps as the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal; and

• (b) may, by notice in writing given by the inspector to the owner or the person in charge of the animal or any person appearing to be in charge of the animal, require the person to whom the notice is given to take all such steps as the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal.

(2) A person commits an offence who, without reasonable excuse, refuses or fails to comply with any requirement of an inspector under subsection (1)(b).

(3) A person who commits an offence against subsection (2) is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $5,000; or

• (b) in the case of a body corporate, to a fine not exceeding $25,000.

(1) Any District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) who, on an application in writing made on oath by a constable or an inspector, is satisfied that there are reasonable grounds for believing that in or on any land, premises, or place specified in the application or any vehicle, aircraft, or ship specified in the application—

• (a) an offence against this Act or any regulations made under this Act has been, or is being, committed; or

• (b) the suffering of an animal could be prevented or mitigated; or

• (c) there is any thing that is evidence of an offence committed against this Act or any regulations made under this Act; or

• (d) there is any thing which there are reasonable grounds to believe may be evidence of the commission of any offence against this Act or any regulations made under this Act,—

may issue a search warrant to authorise the constable or the inspector to search the land, premises, or place or the vehicle, aircraft, or ship.

(2) In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 nor a ship entitled under any provision of that Act (other than section 8(1)(b)) to be registered as a New Zealand ship, the power that a constable or an inspector has, under a search warrant issued under subsection (1), may be exercised only if the ship—

• (a) is in a port, harbour, roadstead, or anchorage in New Zealand; or

• (b) is otherwise within the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(3) A person who applies for a search warrant must, having made reasonable inquiries, disclose—

• (a) details of every previous application for a search warrant (being an application made under this Act or the Animals Protection Act 1960) to search the land, premises, or place or the vehicle, aircraft, or ship that the person knows has been made in respect of the land, premises, or place concerned or the vehicle, aircraft, or ship concerned; and

• (b) the result of each application.

(1) A search warrant must be in the prescribed form.

(2) A search warrant must be directed to—

• (a) a constable by name; or

• (b) an inspector by name; or

• (c) any constable; or

• (d) any inspector.

(3) A search warrant is subject to any special conditions that the person issuing the search warrant may specify.

(4) A search warrant must contain the following particulars:

• (a) the land, premises, or place or the vehicle, aircraft, or ship that may be searched under the search warrant:

• (b) the offence in respect of which the search warrant is issued:

• (c) a description of the things or types of things that are to be seized from the land, premises, or place or the vehicle, aircraft, or ship:

• (d) the period during which the search warrant may be executed, being a period not exceeding 14 days from the date of issue:

• (e) any conditions specified under subsection (3).

(1) Subject to any special conditions specified in the search warrant under section 132, a search warrant authorises the person executing the search warrant—

• (a) to stop and enter and search the vehicle, aircraft, or ship specified in the search warrant on 1 occasion during the currency of the search warrant at a time that is reasonable in the circumstances:

• (b) to enter and search the land, premises, or place specified in the search warrant on 1 occasion during the currency of the search warrant at a time that is reasonable in the circumstances:

• (c) to use such assistants as may be reasonable in the circumstances for the purposes of the stopping, entry, and search of the vehicle, aircraft, or ship or for the purposes of the entry and search of the land, premises, or place:

• (d) to use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open any thing in or on the land, premises, or place or the vehicle, aircraft, or ship searched:

• (e) to search for and seize—

  • (i) any thing found in or on the land, premises, or place or the vehicle, aircraft, or ship that is, or is a thing of a kind or description, specified in the search warrant concerned:

  • (ii) any thing that the person believes on reasonable grounds to be a thing in respect of which the person could have obtained a search warrant under section 131.

(2) If an inspector executes a search warrant and seizes an animal under that search warrant, the inspector may maintain possession of that animal, and convey that animal to another place.

(3) The inspector may keep the animal at a place chosen by the inspector until—

• (a) that animal is, under section 172, forfeited to the Crown or to an approved organisation; or

• (b) a District Court Judge orders that the animal be delivered to the owner of that animal or to the person charged with the offence against this Act.

(4) Where an inspector executes a search warrant and the inspector is satisfied an animal is suffering unreasonable or unnecessary pain or distress because—

• (a) the physical, health, and behavioural needs of the animal are not being met; or

• (b) for any other reason,—

the inspector may take any steps that the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal.

(5) Every person called upon to assist any constable or any inspector executing a search warrant has the powers described in paragraphs (d) and (e) of subsection (1).

A constable and an inspector executing a search warrant—

• (a) must have that search warrant with him or her; and

• (b) must produce that search warrant on initial entry and, if requested, at any subsequent time; and

• (c) must, if requested at the time of the execution of the search warrant or at any subsequent time, provide a copy of the search warrant within 7 days after the request is made.

(1) If the occupier of the land, premises, or place or the person in charge of the vehicle, aircraft, or ship, as the case may be, is not present at the time at which a search warrant is executed, the constable or the inspector must leave in a prominent place on the land, premises, or place or the vehicle, aircraft, or ship a written statement of—

• (a) the time and date of the search; and

• (b) the purpose of the search; and

• (c) the condition of any animals inspected; and

• (d) the name of that constable or inspector; and

• (e) the address of the Police station or other office to which inquiries should be made.

(2) If any thing is seized in execution of a search warrant, the constable or inspector executing the search warrant must leave in a prominent place on the land, premises, or place or the vehicle, aircraft, or ship or send to the occupier or the person in charge, as the case may be, within 10 working days after the search, a written inventory of all things seized.

(1) Subject to subsections (2) and (3), section 199 of the Summary Proceedings Act 1957 applies—

• (a) to any thing seized by a constable (including any animal seized by a constable under the authority of a search warrant issued under section 131 and any animal of which a constable takes possession under section 137(1)); and

• (b) with the necessary modifications, to any thing seized by an inspector (including any animal seized by an inspector under the authority of a search warrant issued under section 131 and any animal of which an inspector takes possession under section 127(5)).

(2) Despite section 199(1) of the Summary Proceedings Act 1957, any constable or inspector who is required by that subsection to retain custody of an animal may place that animal in the care of any other person until it is required to be used in evidence and until it is disposed of under section 199 of the Summary Proceedings Act 1957.

(3) If the court orders, under section 199(3) of the Summary Proceedings Act 1957, that any animal or thing seized must be disposed of by way of sale, the proceeds of that sale must be applied—

• (a) first, in the payment of the expenses incurred in arranging the sale:

• (b) secondly, if an animal and equipment are sold,—

  • (i) the expenses incurred in caring for that animal before the sale; and

  • (ii) if any other animals seized at the same time or under the same warrant have not been sold but are still being cared for, the expenses incurred in caring for those animals (if the owner or person in charge of those animals was, at the time of their seizure, the same person as the person who was the owner of or the person in charge of the animal sold):

• (c) thirdly, in such manner as the court thinks fit.

(1) If a constable arrests a person on a charge of an offence against section 22(2) or section 23(1) or section 23(2) or section 40(1) and that person is in charge of the vehicle, aircraft, or ship for the time being, the constable may take possession of the vehicle, aircraft, or ship or animal or both and may convey that vehicle, aircraft, or ship or animal or both, as the case may be, to another place.

(2) The constable may keep the vehicle, aircraft, ship, or animal at a place chosen by that constable until—

• (a) the information in respect of that offence has been heard and determined; or

• (b) a District Court Judge orders that the vehicle, aircraft, or ship or animal or both be delivered to the owner of the vehicle, aircraft, or ship or animal, as the case may be, or to the person charged with the offence against this Act.

(3) In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 nor a ship entitled under any provision of that Act (other than section 8(1)(b)) to be registered as a New Zealand ship, the powers that a constable has, under subsections (1) and (2), may be exercised only if the ship—

• (a) is in a port, harbour, roadstead, or anchorage in New Zealand; or

• (b) is otherwise within the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(1) If an inspector, auxiliary officer, or a veterinarian finds a severely injured or sick animal (other than a marine mammal), and in his or her opinion, the animal should be destroyed because reasonable treatment will not be sufficient to make the animal respond and the animal will suffer unreasonable or unnecessary pain or distress if it continues to live, he or she must, as soon as possible,—

• (a) consult with the owner of that animal, if that owner can be found within a reasonable time; and

• (b) if the owner asks for a second opinion from a veterinarian as to whether that animal should be destroyed, allow the owner to obtain that second opinion.

(2) If—

• (a) the owner of a severely injured or sick animal cannot be found within a reasonable time; or

• (b) the owner of a severely injured or sick animal—

  • (i) does not, on being found, agree to the destruction of the animal; and

  • (ii) does not obtain within a reasonable time a second opinion from a veterinarian as to whether the animal should be destroyed,—

the inspector, or auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed.

(3) If the owner of a severely injured or sick animal is found and consulted under subsection (1), and agrees that the animal should be destroyed,—

• (a) the inspector, auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or

• (b) the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.

(4) If the owner obtains a second opinion under subsection (1)(b), and the other veterinarian agrees that the animal should be destroyed,—

• (a) the inspector, auxiliary officer, or veterinarian as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or

• (b) the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.

(5) Where, under this section, an inspector, auxiliary officer, or veterinarian destroys an animal or causes it to be destroyed, he or she may dispose of the carcass in such manner as he or she thinks fit.

Despite section 138, if—

• (a) an inspector, auxiliary officer, or veterinarian certifies in writing that an animal impounded in a pound under the Impounding Act 1955 or the Dog Control Act 1996 is so diseased, injured, or sick that it is in a state of continual suffering; and

• (b) the territorial authority having jurisdiction over the pound is unable to find the owner of that animal within a reasonable time after the inspector, auxiliary officer, or veterinarian has given such a certificate,—

the territorial authority must, without delay, destroy that animal or cause it to be destroyed.

If an inspector, auxiliary officer, or veterinarian finds a severely injured or sick marine mammal, the inspector, auxiliary officer, or veterinarian, as the case may be, must, as soon as possible, report the matter to a Marine Mammals Officer declared or appointed as such under section 11 of the Marine Mammals Protection Act 1978 to be dealt with under that Act.

(1) Where a person (other than the owner of an animal) gives that animal into the custody of an approved organisation and that approved organisation accepts custody of that animal, or where an approved organisation takes any animal into its custody, that approved organisation—

• (a) must take reasonable steps to identify the owner of the animal; and

• (b) may take such steps as it considers necessary or desirable to prevent or mitigate any suffering of the animal.

(2) Where the approved organisation cannot identify the owner of the animal, an inspector or auxiliary officer acting for the approved organisation may—

• (a) after the animal has been in the custody of the organisation for at least 7 days,—

  • (i) sell the animal; or

  • (ii) find a home for the animal; or

  • (iii) destroy or otherwise dispose of the animal in such manner as the inspector or auxiliary officer thinks fit:

• (b) at any time, in any case where the animal is diseased or is suspected of being diseased and the inspector or auxiliary officer has reasonable grounds to believe that the welfare of other animals in the custody of the approved organisation would be compromised if the organisation were to continue to hold that animal in custody,—

  • (i) sell the animal; or

  • (ii) find a home for the animal; or

  • (iii) destroy or otherwise dispose of the animal in such manner as the inspector or auxiliary officer thinks fit.

(3) Where the approved organisation both identifies the owner of the animal and knows the address of the owner of the animal, the approved organisation must give to the owner a written notice informing the owner that the approved organisation is holding the animal in its custody and that, unless the owner, within 7 days of the receipt of that notice, claims the animal and pays any costs incurred by the approved organisation in caring for the animal or in providing veterinary treatment to the animal (being costs that the approved organisation wishes to claim), the approved organisation may—

• (a) sell the animal; or

• (b) find a home for the animal; or

• (c) destroy or otherwise dispose of the animal in such manner as the inspector or auxiliary officer thinks fit.

(4) If the owner does not, within the period specified in the notice, claim the animal and pay any costs incurred by the approved organisation and specified in the notice, an inspector or auxiliary officer acting for the approved organisation may—