130 Power to prevent or mitigate suffering

(1)

Where an inspector, either in the course of the exercise of a power of entry under section 127 or at any other time, has reasonable grounds to believe that an animal is suffering or is likely to suffer unreasonable or unnecessary pain or distress, the inspector—

(a)

may take all such steps as the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal (including, if necessary, destroying or arranging for the destruction of the animal); and

(b)

may, by notice in writing given by the inspector to the owner or the person in charge of the animal or any person appearing to be in charge of the animal, require the person to whom the notice is given to take all such steps as the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal (including, if necessary, destroying or arranging for the destruction of the animal).

(1A)

If an inspector proposes to destroy, or require the destruction of, an animal under subsection (1), the inspector must ensure that the process in section 138 is followed before the animal is destroyed (as if that section applied).

(1B)

Without limiting section 185, a notice under subsection (1)(b) may be served on a person by—

(a)

delivering it personally to the person:

(b)

delivering it to the person at the person’s usual or last-known place of residence or business:

(c)

sending it by fax or email to the person’s fax number or email address:

(d)

posting it in a letter addressed to the person at the person’s usual or last-known place of residence or business.

(1C)

The following provisions apply to service as described in subsection (1B):

(a)

service on an officer of a body, or on the body’s registered office, is deemed to be service on the body:

(b)

service on any of the partners in a partnership is deemed to be service on the partnership:

(c)

service by post is deemed to occur at the time at which the notice would have been delivered in the ordinary course of the post.

(2)

A person commits an offence who, without reasonable excuse, fails to comply with any requirement of an inspector under subsection (1)(b).

(3)

A person who commits an offence against subsection (2) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

Compare: 1960 No 30 s 10(6), (7); 1993 No 19 s 3(1)

Section 130(1)(a): amended, on 1 October 2012, by section 195(1) of the Search and Surveillance Act 2012 (2012 No 24).

Section 130(1)(b): amended, on 1 October 2012, by section 195(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 130(1A): inserted, on 10 May 2015, by section 49(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 130(1B): inserted, on 10 May 2015, by section 49(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 130(1C): inserted, on 10 May 2015, by section 49(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 130(2): amended, on 10 May 2015, by section 49(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 130(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).