Animal Welfare Act 1999

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

Traps and devices

32 Power to declare traps or devices to be prohibited or restricted traps or devices

(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)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

See secondary legislation made under this Act (if published on this website)
Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 32(5): substituted, on 19 December 2002, by section 7 of the Animal Welfare Amendment Act 2002 (2002 No 53).

Section 32(5A): inserted, on 19 December 2002, by section 7 of the Animal Welfare Amendment Act 2002 (2002 No 53).

Section 32(8): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).