Animal Welfare Act 1999

The Animal Welfare Act 1999 is New Zealand’s main legislation protecting animal welfare. It recognises animals as sentient beings and requires owners and persons in charge to ensure animals’ physical, health and behavioural needs are met.

The Act covers a wide range of activities including care, treatment of ill or injured animals, surgical procedures, transport, exports, research, testing and teaching. It also provides for inspections, enforcement orders and compliance notices, and supports codes of welfare and regulations that set detailed standards.

The Act defines animals broadly to include live mammals, birds, reptiles, amphibians, fish, octopus, squid, crab, lobster and crayfish. It also covers certain mammalian foetuses, avian or reptilian pre-hatched young in the last half of development, and marsupial pouch young. Humans are excluded.

An animal establishment is any place primarily used for holding or using animals for display, sport, entertainment, temporary care, sale, conservation, scientific study or similar activities.

The Act applies whenever your business makes decisions affecting an animal’s physical, health or behavioural needs. It also applies when animals are ill or injured, handled, transported, subjected to procedures, exported, or used in research, testing or teaching.

Part 1 sets out the core duties including attending properly to animals’ physical, health and behavioural needs, alleviating pain or distress, and rules on surgical procedures and transport.

Part 2 covers offences related to ill-treatment, animal fighting, and use of traps and devices. Some offences are strict liability, meaning intent does not need to be proved.

The Act imposes special rules on surgical and painful procedures, including who may perform them and requirements for pain relief and restraint. Regulations provide further detail.

Transport obligations include ensuring animals are fit for travel and transported humanely. Exporting animals requires compliance with Part 3, including obtaining animal welfare export certificates where required. Regulations cover export conditions such as species, age, fitness, journey duration, and monitoring.

Part 6 establishes a separate regime for research, testing and teaching using animals. It includes requirements for approved codes of ethical conduct, animal ethics committees, independent reviews, and Ministerial approval in some cases.

The Act prohibits use of animals for cosmetic product testing. Regulations may require code holders to maintain records on projects, species, numbers of animals used, and severity of procedures.

Inspectors have powers to enter premises, inspect animals and records, issue enforcement orders and compliance notices, and seize animals if necessary. Obstructing inspectors or failing to comply with orders and notices are offences.

Sections 164 and 165 provide that offences committed by employees or agents can be attributed to the employer or principal. Directors and managers may be liable if the body corporate is convicted and the statutory criteria are met.

Clear responsibilities help manage compliance. Know who is in charge of animals, what standards apply, when veterinary help is needed, and what procedures and transport steps are allowed.

Written systems and records can demonstrate steps taken to prevent problems and how issues were addressed if they arise.