Animal Welfare Act 1999

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Version as at 30 April 2023

Animal Welfare Act 1999

Public Act		1999 No 142
Date of assent		14 October 1999
Commencement		see section 1(2)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Primary Industries.

	Title
1	Short Title and commencement
2	Interpretation
3	Definition of manipulation
4	Definition of physical, health, and behavioural needs
5	Definition of research, testing, and teaching
6	Definition of significant surgical procedure [Repealed]
7	Notice of making of Order in Council [Repealed]
8	Act to bind the Crown
8A	Transitional, savings, and related provisions
	Part 1 Care of animals
9	Purpose
	Obligations of owners and of persons in charge of animals
10	Obligation in relation to physical, health, and behavioural needs of animals
11	Obligation to alleviate pain or distress of ill or injured animals
	Offences
12	Animal welfare offences
13	Strict liability
14	Further animal welfare offences
	Surgical procedures
15	Restriction on performance of surgical procedures
16	Criteria to determine whether procedure is significant surgical procedure
17	Performance of restricted surgical procedures [Repealed]
18	Performance of controlled surgical procedures [Repealed]
19	Veterinary approval [Repealed]
20	Revocation and surrender of certificate of veterinary approval [Repealed]
	Surgical procedure offences
21	Surgical procedure offences
	Transport of animals
22	Transport of animals
23	Other offences in relation to transport of animals, etc
	Defence and rebuttable evidence
24	Defence and rebuttable evidence
	Penalties
25	Penalties
	Safari parks
26	Safari parks
	Part 2 Conduct towards animals
27	Purpose
	Ill-treatment of animals
28	Wilful ill-treatment of animals
28A	Reckless ill-treatment of animals
29	Further offences
30	Strict liability
	Ill-treating, hunting, or killing wild animals or animals in wild state
30A	Wilful or reckless ill-treatment of wild animals or animals in wild state
30B	Hunting or killing
30C	Hunting in safari parks
30D	Captured animals
30E	Certain provisions relating to traps and devices not excluded
	Animal fighting ventures
31	Animal fighting ventures
	Traps and devices
32	Power to declare traps or devices to be prohibited or restricted traps or devices
33	Criteria
34	Restrictions on use of traps and devices to kill, manage, entrap, capture, entangle, restrain, or immobilise animals
35	Restrictions on sale of traps and devices
	Inspection of traps
36	Obligations relating to traps
	Penalties
37	Penalties
	Part 3 Animal exports
38	Purpose
39	Effect of this Part
40	Animal export requires animal welfare export certificate
41	Animal welfare export certificate must not be issued for certain animals
41	Guidelines for issue of animal welfare export certificates [Repealed]
42	Application for animal welfare export certificate
43	Consideration of application
44	Decision on application
45	Conditions
46	Issue of animal welfare export certificate
47	Multiple consignment animal welfare export certificates
48	Exemptions
49	Delegation of functions or powers of Director-General
50	Revocation of delegations
51	Review of decisions
52	Animals being exported in accordance with conservation legislation
53	Enforcement
54	Offence
	Part 4 Advisory committees
55	Purpose
	National Animal Welfare Advisory Committee
56	National Animal Welfare Advisory Committee
57	Functions
58	Membership
59	Term of office
60	Annual report
61	Further provisions applying to National Animal Welfare Advisory Committee
	National Animal Ethics Advisory Committee
62	National Animal Ethics Advisory Committee
63	Functions
64	Membership
65	Term of office
66	Annual report
67	Further provisions applying to National Animal Ethics Advisory Committee
	Part 5 Codes of welfare
68	Purpose
69	Contents
70	Preparation of draft code
71	Public notification
72	Consultation
73	Matters to be considered
74	Recommendation to Minister
75	Issue of code
76	Amendment or revocation of code of welfare
77	Availability of codes of welfare [Repealed]
78	Review of code of welfare
78A	Review date may be extended [Repealed]
79	Codes of welfare treated as legislative instruments for purposes of disallowance [Repealed]
	Part 6 Use of animals in research, testing, and teaching
80	Purposes
81	Effect of this Part
	Restrictions
82	Restrictions on research, testing, and teaching involving use of animals
83	Restrictions on carrying out of projects
84	Power to carry out certain projects
84A	Prohibition on use of animals in research, testing, and teaching for making cosmetic
85	Restrictions on use of non-human hominids
86	Revocation of approval
	Codes of ethical conduct
87	Codes of ethical conduct
88	Contents of code of ethical conduct
89	Application for approval
90	Changes to proposed code
91	Approval of code of ethical conduct
92	Time limits
93	Approval to be personal to code holder
94	Duration of approval
95	Application for amendment, suspension, or revocation of code of ethical conduct
96	Amendment, suspension, or revocation
97	Review of decisions
	Animal ethics committees
98	Establishment of animal ethics committees
99	Functions and powers
100	Criteria
101	Membership
102	Procedure
103	Report of non-compliance
104	Protection of members of animal ethics committees
	Reviews of code holders and animal ethics committees
105	Independent reviews
106	Purpose
107	Period to which independent review relates
108	Conduct of independent review
109	Accredited reviewers
110	Performance of duties
111	Applications for accreditation
112	Performance standards
113	Provisions applying in respect of accreditation and accredited reviewers
114	Review
115	Report
116	Level of compliance
117	Power of Minister to commission review
	Power of Minister to approve research or testing
118	Power of Minister to approve research or testing
	Penalties
119	Penalties
	Part 7 Provisions relating to administration
120	Purpose
	Approved organisations, inspectors, and auxiliary officers
121	Approved organisations
122	Criteria
123	Amendment or revocation of declaration
123A	Appointment of auditors
123B	Audits
123C	Auditors’ general duties
123D	Auditors’ powers
124	Appointment of inspectors
125	Appointment of auxiliary officers
126	Inspectors and auxiliary officers to act under direction of Director-General
	Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships
127	Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships
128	Production of evidence of appointment
129	Notice of entry
130	Power to prevent or mitigate suffering
	Search warrants
131	Search warrants
132	Form and content of search warrant [Repealed]
133	Powers conferred by search warrant
134	Production of search warrant [Repealed]
135	Notice of execution of search warrant [Repealed]
	Further provisions relating to powers of search and entry
136	Disposal of thing seized
136A	Disposal of animals seized or taken into custody prior to commencement or determination of proceedings
137	Vehicle, aircraft, ship, or animal may be detained
	Powers in relation to injured or sick animals
138	Destruction of injured or sick animals (other than marine mammals)
139	Destruction of impounded animals that are diseased, injured, or sick
140	Injured and sick marine mammals
	Disposal of animals in custody of approved organisations
141	Duties of approved organisation
142	Obligation to maintain register
	Enforcement orders
143	Application for enforcement order
144	Power to make enforcement order
145	Compliance with enforcement order
146	Notification of application
147	Right to be heard
148	Temporary enforcement order
149	Coming into force of enforcement order
150	Duration of enforcement order
151	Power to vary or discharge enforcement order
152	Offence to contravene enforcement order
153	Appeals to High Court
154	Appeals to Court of Appeal
155	Effect of appeal
156	Rules of court
	Compliance notices
156A	Scope
156B	Content
156C	Service
156D	Compliance
156E	Change or cancellation
156F	Appeal to District Court
156G	Appeal to High Court, Court of Appeal, or Supreme Court
156H	Effect of appeal
156I	Penalties for non-compliance with compliance notice
	Miscellaneous provisions
157	Offenders to give name and address
158	Protection of persons acting under authority of Act
	Offences
159	Obstruction of inspector or auxiliary officer
160	Impersonating inspector or auxiliary officer
	Part 8 Offences
	Infringement offences
161	Infringement offences
162	Infringement notices
163	Payment of infringement fees
	Further provisions relating to offences
164	Liability of employers and principals
165	Liability of directors and officers of bodies corporate
166	Evidence in proceedings
167	Time for filing charging document for offence against section 54 or 130
168	Inspector may conduct proceedings
168A	Burden of proof of reasonable excuse
169	Court may disqualify person from owning or exercising authority in respect of animals
169A	Disqualified person may apply to court for removal or variation of disqualification
169B	Offence of contravening disqualification order
170	Liability for damage
171	Application of fines recovered in respect of offences
172	Power of court to order that certain animals be forfeited to the Crown or approved organisation
173	Expenses incurred by inspectors and territorial authorities
174	Certain offences against Dog Control Act 1996 to be treated as offences against this Act
	Part 9 Miscellaneous provisions
	Exceptions in relation to hunting or killing [Repealed]
175	Hunting or killing [Repealed]
176	Hunting in safari parks [Repealed]
177	Captured animals [Repealed]
178	Certain provisions relating to traps and devices not excluded [Repealed]
	Exceptions in relation to use of animals to protect human health or safety
179	Use of animals to protect human health or safety
180	Power to amend Schedule 3 by Order in Council
	Exception in relation to agricultural compounds and hazardous substances
181	Agricultural compounds and hazardous substances
	Recovery of costs
182	Criteria in relation to recovery of costs
	Regulations
183	Regulations
183A	Regulations relating to standards of care
183B	Regulations relating to surgical and painful procedures
183C	Regulations relating to exporting animals
	Consultation
184	Consultation
	Consolidation of secondary legislation or published instruments
184A	Certain secondary legislation or published instruments may be consolidated
	Notices
185	Service of notices
	Transitional provisions
186	Advisory committees
187	Transitional provisions relating to membership of committees
188	Transitional provisions relating to inspectors
189	Transitional provision relating to approved organisations
190	Transitional provision relating to branch and member societies
191	Deemed codes of welfare [Repealed]
192	Codes of ethical conduct
193	Animal ethics committees
	Amendments and repeals
194	Related amendments to other enactments
195	Amendment to Ombudsmen Act 1975
196	Amendments to Local Government Official Information and Meetings Act 1987
197	Amendment to Customs Export Prohibition Order 1996
198	Repeals
	Savings provisions
199	Certain regulations to continue in force
200	Certain bylaws to continue in force
201	Saving
202	Expiry of section 201
	Schedule 1 Provisions applying in respect of National Animal Welfare Advisory Committee and National Animal Ethics Advisory Committee
	Schedule 2 Provisions applying in respect of accreditation and accredited reviewers
	Schedule 3 Agencies authorised to use animals in protecting human health or safety or enforcing the law
	Schedule 4 Transitional, savings, and related provisions
	Schedule 5 Enactments amended
	Schedule 6 Enactments repealed
	Schedule 7 Regulations continued in force as code of welfare
	Notes

An Act—

(a)

to reform the law relating to the welfare of animals and the prevention of their ill-treatment; and, in particular,—

(i)

to recognise that animals are sentient:

(ia)

to require owners of animals, and persons in charge of animals, to attend properly to the welfare of those animals:

(ii)

to specify conduct that is or is not permissible in relation to any animal or class of animals:

(iii)

to provide a process for approving the use of animals in research, testing, and teaching:

(iv)

to establish a National Animal Welfare Advisory Committee and a National Animal Ethics Advisory Committee:

(v)

to provide for the development and issue of codes of welfare and the approval of codes of ethical conduct:

(b)

to repeal the Animals Protection Act 1960

Title paragraph (a)(i): replaced, on 10 May 2015, by section 4 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Title paragraph (a)(ia): inserted, on 10 May 2015, by section 4 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

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Animal Welfare Act 1999

Animal Welfare Act 1999

Note

Contents

(a)

(i)

(ia)

(ii)

(iii)

(iv)

(v)

(b)