Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Animal Welfare (Treatment of Animals) Amendment Bill (Consistent) [2010] NZBORARp 56 (18 August 2010)

Last Updated: 6 May 2020

Animal Welfare (Treatment of Animals) Amendment Bill

18 August 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: ANIMAL WELFARE (TREATMENT OF ANIMALS) AMENDMENT BILL

1. We have considered whether the Animal Welfare (Treatment of Animals) Amendment Bill (‘the Bill’), a Member’s Bill in the name of Sue Kedgley MP, is consistent with the New Zealand Bill of Rights Act 1990. The Bill was introduced into the House of Representatives on 5 August 2010 and is currently awaiting its first reading. We understand that the next Members’ day is scheduled for Wednesday,

25 August 2010.

2. The Bill amends the Animal Welfare Act 1999 (‘the Act’) by clarifying that:

• practices that breach certain sections of the Act, but which are still permitted in a code of animal welfare under “exceptional circumstances”, must be phased out within 5 years
• the definition of physical, health, and behavioural needs includes animals having freedom of movement (not restricted in such a way as to cause them suffering or injury and sufficient space to express normal patterns of behaviour such as being able to turn around easily), and

• the Minister responsible for the administration of the Act has the power to amend or

revoke an animal code of welfare, or any minimum standard contained in such a code, where the Minister considers this is necessary to prevent suffering or injury to any animal.

We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Animal Welfare (Treatment of Animals) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights

Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.