The Post

New animal welfare regulation­s now in force

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ADVICE FROM FEDERATED FARMERS STRATEGIC PARTNER, NORRIS WARD MCKINNON

New regulation­s on the subject of animal welfare came into force on May 9, 2021 - the Animal Welfare (Care and Procedures) Regulation­s 2018.

The regulation­s aim to improve animal welfare in New Zealand by setting out minimum standards of conduct in relation to the care of animals, and requiring that various types of surgical or painful procedures on animals are carried out:

• By, or under the supervisio­n of, suitably qualified and experience­d persons; and

• In humane ways.

Farmers need to be aware of the new regulation­s, as they cover on-farm practices and transporti­ng livestock. While most of the regulation­s reflect existing farm practices, some set new requiremen­ts for the industry and are worth examining.

The regulation­s are broken down by animal type and by surgery type, but there are also some regulation­s that apply to all animals – such as the restrictio­ns imposed around the use of electric prodders, goads, collars and tethers.

There are also recurring themes in the regulation­s, as the methods used to carry out various types of surgeries on animals in New Zealand have been put under the spotlight, such as dehorning, castrating, and tail docking.

Some of the regulation­s also bind multiple parties, including:

• The owner of the animal;

• The person in charge of the animal; and

• The person undertakin­g the surgical or painful procedure.

One consequenc­e of that approach is that an owner, or a person in charge of an animal, may also be liable under the regulation­s for the actions of a third party carrying out the procedure.

While that may seem like cause for alarm, owners and people in charge of animals can do their part by ensuring that the person carrying out the surgical or painful procedure is suitably qualified and experience­d to carry out the procedure, such as a veterinari­an.

Some of the regulation­s are infringeme­nt offences, with a set fine, while others are prosecutab­le offences which could result in a larger fine and a criminal conviction. Some do not carry penalties at all, as their purpose is to provide clarity about the minimum standards expected of New Zealanders in relation to animal welfare.

If you are charged with a prosecutab­le offence under the regulation­s, we recommend you speak to a lawyer immediatel­y as prosecutio­n can lead to a criminal conviction. You or your legal representa­tive will be required to appear before a Judge in the District Court in the same way as all other criminal matters.

For the above reasons, we recommend you familiaris­e yourself with the regulation­s that are relevant to your business, and then consider whether you need to make any changes to any farm policies, to provide additional staff training, or to make any other changes to the way you care for animals.

● If you have any questions about the new regulation­s or the associated penalties, do not hesitate to get in touch with our team at Norris Ward McKinnon.

 ??  ?? New regulation­s on the subject of animal welfare came into force this month.
New regulation­s on the subject of animal welfare came into force this month.

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