Animal Welfare Amendment Act 2002

Animal Welfare Amendment Act 2002

Public Act2002 No 53
Date of assent18 December 2002

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Animal Welfare Amendment Act 2002.

    (2) In this Act, the Animal Welfare Act 1999 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1
Amendments to substantive provisions

3 Interpretation
  • (1) Section 2(1) of the principal Act is amended by adding to the definition of device the words ; and includes any contraption, process, or thing that is declared by the Governor-General by Order in Council, made on the recommendation of the Minister after consultation in accordance with section 184, to be a device for the purposes of this Act.

    (2) Section 2(1) of the principal Act is amended by repealing the definition of trap, and substituting the following definition:

    trap

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

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

    • (c) does not include—

      • (i) any fenced area of land or other effective enclosure used for handling, herding, or mustering an animal; or

      • (ii) any animal housing system used routinely or commonly in farm or other animal production systems; or

      • (iii) any enclosure, such as a cage, that is being used for transporting an animal; or

      • (iv) a firearm.

4 Strict liability
  • Section 13 of the principal Act is amended by inserting, after subsection (1), the following subsection:

    • (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.

5 Defence
  • (1) The heading before section 24 of the principal Act is amended by adding the words and rebuttable evidence.

    (2) The heading to section 24 of the principal Act is amended by adding the words and rebuttable evidence.

    (3) Section 24 of the principal Act is amended by inserting, as subsection (1), the following subsection:

    • (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.

6 Strict liability
  • Section 30 of the principal Act is amended by inserting, after subsection (1), the following subsection:

    • (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).

7 Power to declare traps or devices to be prohibited or restricted traps or devices
  • Section 32 of the principal Act is amended by repealing subsection (5), and substituting the following subsections:

    • (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.

8 Criteria
  • Section 33 of the principal Act is amended by repealing paragraph (e), and substituting the following paragraph:

    • (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.

9 Review of code of welfare
  • Section 78 of the principal Act is amended by adding the following subsections:

    • (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.

10 New section 78A inserted
  • The principal Act is amended by inserting, after section 78, the following section:

    78A Review date may be extended
    • (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.

11 Compliance with enforcement order
  • (1) Section 145(2)(c) of the principal Act is amended by inserting, after the words money received under, the words paragraph (a) or.

    (2) Section 145 of the principal Act is amended by adding the following subsection:

    • (3) If the animal is sold under the powers given by subsection (2),—

      • (a) the person exercising those powers may retain the proceeds of the sale to the extent necessary to offset the costs and expenses to the person of complying with the order and of selling the animal; and

      • (b) any remaining balance of the sale proceeds must be returned to the owner of the animal, if the owner can be found; and

      • (c) if the owner cannot be found, the remaining balance must be paid into the Crown Bank Account.

12 Power to disqualify person from having custody of animals
  • Section 169 of the principal Act is amended—

    • (a) by inserting in subsection (2), after the expression subsection (1), the words or under section 16(1) of the Animals Protection Act 1960 ; and

    • (b) by inserting in subsection (5)(a), after the expression subsection (1), the words or under section 16(1) of the Animals Protection Act 1960 ; and

    • (c) by inserting in subsection 5(b), after the expression subsection (3), the words or an order made under section 16(1) of the Animals Protection Act 1960 and varied under subsection (2) of that section or subsection (3) of this section or both.

13 Consultation
  • Section 184(1) of the principal Act is amended—

    • (a) by omitting the words definition of the term animal, and substituting the words definitions of the terms animal, device, or trap;

    • (b) by inserting, after the words or section 32(6), the words or section 78A or section 191(4) or section 200(4) or section 202(5).

Part 2
Amendments to transitional provisions

14 Deemed codes of welfare
  • (1) Section 191(1) of the principal Act is amended by omitting the words 3 years, and substituting the words 4 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4)).

    (2) Section 191 of the principal Act is amended by adding the following subsections:

    • (4) The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 4 years specified in subsection (1) by a period not exceeding 2 years.

    • (5) In deciding whether to recommend the making of an order under subsection (4), the Minister must—

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

      • (b) have regard, to the extent relevant, 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.

    • (6) An Order in Council made under subsection (4),—

      • (a) if made on or before 30 June in any year, expires on the close of 31 December of that year, except so far as it is expressly confirmed by Act of Parliament passed during that year; and

      • (b) if made on or after 1 July in any year, expires on the close of 31 December in the following year, except so far as it is expressly confirmed by Act of Parliament passed before the end of that following year.

    • (7) The expiry of an Order in Council under subsection (6) does not affect the validity of any act done pursuant to or in accordance with the provisions of that Order in Council before the date on which the Order in Council expires in accordance with that subsection.

15 Certain regulations to continue in force
  • (1) Section 199 of the principal Act is amended by adding the following subsections:

    • (2) Subject to this section, the following regulations and circular are revoked:

      • (a) clauses 1(a) and 2, and the heading preceding clause 2, of Part 7 of the First Schedule of the Fish Export Processing Regulations 1995 (SR 1995/54):

      • (b) regulation 80(1) of the Game Regulations 1975 (SR 1975/174):

      • (c) regulation 76 of the Meat Regulations 1969 (SR 1969/192):

      • (d) the Slaughter of Stock, Game, and Poultry Regulations 1969 (SR 1969/194):

      • (e) New Zealand Fishing Industry Agreed Implementation Standards 003.4 Live Eels and Rock Lobsters Circular 1995.

    • (3) Despite subsection (2), the regulations and circular specified in that subsection, while ceasing to have effect as such, continue to have effect subject to the modifications listed in subsection (4) as if they were minimum standards of a code of welfare (to be known as the Animal Welfare (Commercial Slaughter) Code of Welfare 2002) issued under Part 5, and may be amended or revoked by the Minister under Part 5.

    • (4) The modifications referred to in subsection (3) are as follows:

      • (a) references in the Slaughter of Stock, Game, and Poultry Regulations 1969 (the Slaughter Regulations) to slaughtering places and to establishments include references to—

        • (i) premises and places used for primary processing within the meaning of the Animal Products Act 1999; and

        • (ii) permanent slaughterhouses operated by homekill or recreational catch service providers within the meaning of that Act:

      • (b) the requirements of the Slaughter Regulations, as well as applying to the animals specified in regulation 3(1) of those regulations, apply also to—

        • (i) farmed deer (except to the extent that any other method has been approved by the Director-General as a safe and humane means of slaughter of deer); and

        • (ii) stock as defined in clause 3 of the Meat (Game and Stock) Order 1998:

      • (c) regulation 9 of the Slaughter Regulations (which relates to poultry) is excluded from the deemed code, and regulation 8 of those regulations does not apply to poultry:

      • (d) the circular specified in subsection (2)(e) applies only to primary processors of eels or rock lobsters who are required to operate under either a registered risk management programme or a regulated control scheme under the Animal Products Act 1999.

    • (5) Subsections (2) to (4) apply according to their tenor despite anything in section 13 or any other provision of the Animal Products (Ancillary and Transitional Provisions) Act 1999.

    (2) Regulation 12 of the Animal Products (Ancillary and Transitional Provisions) Regulations 2000 (SR 2000/208) is revoked.

16 Certain bylaws to continue in force
  • (1) Section 200(1) of the principal Act is amended by omitting the words 3 years, and substituting the words 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4)).

    (2) Section 200 of the principal Act is amended by adding the following subsections:

    • (4) The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 6 years specified in subsection (1).

    • (5) In deciding whether to recommend the making of an order under subsection (4), 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.

17 Expiry of section 201
  • (1) Section 202(1) of the principal Act is amended by omitting the words 3 years, and substituting the words 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (5)).

    (2) Section 202(2) of the principal Act is amended by omitting the words period of 3 years specified, and substituting the words period referred to.

    (3) Section 202 is amended by adding the following subsections:

    • (5) The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 6 years specified in subsection (1).

    • (6) In deciding whether to recommend the making of an order under subsection (5), 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.


Legislative history

8 October 2002Introduction (Bill 5-1)
14 November 2002First reading and referral to Primary Production Committee
2 December 2002Reported from Primary Production Committee (Bill 5-2)
10 December 2002Second reading
11 December 2002Committee of the whole House
12 December 2002Third reading