Animal Welfare Act 1999

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries

Ill-treatment of animals

28 Wilful ill-treatment of animals

(1)

A person commits an offence if that person wilfully ill-treats an animal with the result that—

(a)

the animal is permanently disabled; or

(b)

the animal dies; or

(c)

the pain or distress caused to the animal is so great that it is necessary to destroy the animal in order to end its suffering; or

(d)

the animal is seriously injured or impaired.

(2)

For the purposes of subsection (1)(d), an animal is seriously injured or impaired if the injury or impairment—

(a)

involves—

(i)

prolonged pain and suffering; or

(ii)

a substantial risk of death; or

(iii)

loss of a body part; or

(iv)

permanent or prolonged loss of a bodily function; and

(b)

requires treatment by or under the supervision of a veterinarian.

(3)

A person who commits an offence against this section is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000 or to both:

(b)

in the case of a body corporate, to a fine not exceeding $500,000.

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

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

Section 28(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).