Animal Welfare Amendment Act (No 2) 2015

Reprint as at 25 August 2016

Coat of Arms of New Zealand

Animal Welfare Amendment Act (No 2) 2015

Public Act
 
2015 No 49
Date of assent
 
9 May 2015
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

Contents

1Title
2Commencement
3Principal Act
4Long Title amended
5Section 2 amended (Interpretation)
6Section 3 amended (Definition of manipulation)
7Section 4 amended (Definition of physical, health, and behavioural needs)
8Section 5 amended (Definition of research, testing, and teaching)
9Sections 6 and 7 repealed
10New section 8A inserted (Transitional and savings provisions relating to amendments to Act)
8ATransitional and savings provisions relating to amendments to Act
11Section 9 amended (Purpose)
12Section 11 amended (Obligation to alleviate pain or distress of ill or injured animals)
13Section 15 amended (Restriction on performance of surgical procedures)
14Section 16 replaced (Criteria to determine whether procedure is significant surgical procedure)
16Criteria to determine whether procedure is significant surgical procedure
15Sections 17 to 20 repealed
16Section 21 replaced (Surgical procedure offences)
21Surgical procedure offences
17Section 24 amended (Defence and rebuttable evidence)
18Section 25 amended (Penalties)
19Section 29 amended (Further offences)
20New sections 30A to 30E inserted
30AWilful or reckless ill-treatment of wild animals or animals in wild state
30BHunting or killing
30CHunting in safari parks
30DCaptured animals
30ECertain provisions relating to traps and devices not excluded
21Section 36 replaced (Obligations relating to traps)
36Obligations relating to traps
22Section 38 replaced (Purpose)
38Purpose
23Section 41 repealed (Guidelines for issue of animal welfare export certificates)
24Section 43 amended (Consideration of application)
25Section 45 amended (Conditions)
26Section 46 amended (Issue of animal welfare export certificate)
27Section 54 amended (Offence)
28Section 55 amended (Purpose)
29Section 57 amended (Functions)
30Section 71 amended (Public notification)
31Section 73 amended (Matters to be considered)
32Section 74 amended (Recommendation to Minister)
33Section 76 amended (Amendment or revocation of code of welfare)
34Section 78 amended (Review of code of welfare)
35Section 78A repealed (Review date may be extended)
36Section 81 amended (Effect of this Part)
37New section 84A inserted (Prohibition on use of animals in research, testing, and teaching for making cosmetic)
84AProhibition on use of animals in research, testing, and teaching for making cosmetic
38Section 87 replaced (Codes of ethical conduct)
87Codes of ethical conduct
39Section 89 amended (Application for approval)
40Section 96 (Amendment, suspension, or revocation)
41Section 100 amended (Criteria)
42Section 119 amended (Penalties)
43Section 122 amended (Criteria)
44Section 123 amended (Amendment or revocation of declaration)
45New sections 123A to 123D inserted
123AAppointment of auditors
123BAudits
123CAuditors’ general duties
123DAuditors’ powers
46Section 124 amended (Appointment of inspectors)
47Section 125 amended (Appointment of auxiliary officers)
48Section 127 amended (Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships)
49Section 130 amended (Power to prevent or mitigate suffering)
50Section 133 amended (Powers conferred by search warrant)
51Section 136 amended (Disposal of things seized)
52Section 136A amended (Disposal of animals seized or taken into custody prior to commencement or determination of proceedings)
53Section 138 amended (Destruction of injured or sick animals (other than marine mammals))
54Section 141 amended (Duties of approved organisation)
55New sections 156A to 156I and cross-heading inserted
156AScope
156BContent
156CService
156DCompliance
156EChange or cancellation
156FAppeal to District Court
156GAppeal to High Court, Court of Appeal, or Supreme Court
156HEffect of appeal
156IPenalties for non-compliance with compliance notice
56Section 156I amended (Penalties for non-compliance with compliance notice)
57Section 157 amended (Offenders to give name and address)
58Section 161 amended (Infringement offences)
59Section 162 amended (Infringement notices)
60Section 169 replaced (Court may disqualify person from owning or exercising authority in respect of animals)
169Court may disqualify person from owning or exercising authority in respect of animals
61Section 169A amended (Disqualified person may apply to court for removal or variation of disqualification)
62Section 169B amended (Offence of contravening disqualification order)
63Section 172 amended (Power of court to order that certain animals be forfeited to the Crown or approved organisation)
64Sections 175 to 178 and cross-heading above section 175 repealed
65Section 182 amended (Criteria in relation to recovery of costs)
66Section 183 amended (Regulations)
67New sections 183A to 183C inserted
183ARegulations relating to standards of care
183BRegulations relating to surgical and painful procedures
183CRegulations relating to exporting animals
68Section 184 amended (Consultation)
69Section 191 repealed (Deemed codes of welfare)
70Schedule 1 amended
71Schedule 4 replaced
72Amendment to Customs Export Prohibition (Livestock for Slaughter) Order 2010
2ARevocation
Reprint notes

The Parliament of New Zealand enacts as follows: