Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Animal Products Act 1999
192New section 91A inserted
The following section is inserted after section 91:
91ADisposal of seized animals prior to commencement or determination of proceedings
This section applies if—
- a live animal is or live animals are seized by a constable or an animal product officer under the authority of a search warrant issued under section 94; and
- either—
- proceedings for an offence involving that animal or those animals—
- have been commenced but not yet determined; or
- have not yet been commenced but are intended to be commenced within a reasonable period; or
- have been commenced but not yet determined; or
- the owner of that animal or animals cannot be located.
- proceedings for an offence involving that animal or those animals—
If this section applies, a District Court, on its own motion or on an application by a constable or an animal product officer, may make an order authorising—
- the sale of the animal or animals; or
- the placement of the animal or animals with another person; or
- the destruction, slaughter, and processing of the animal or animals for animal products for sale, or other disposal of the animal or animals.
The District Court—
- must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and
- may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and
- may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters:
- whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person:
- the number of animals involved:
- the cost of continuing to hold the animal or animals:
- the physical state of the animal or animals:
- whether it is reasonable or practicable for the animal or animals to be placed elsewhere:
- whether it is reasonable or practicable for the Ministry to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or animals:
- whether any person will suffer material loss, and the extent of that loss, if the animal or animals are or are not sold:
- the fitness for purpose of any animal products derived from the seized animal or animals:
- any other matters the court considers relevant.
If an animal is or animals are sold under an order made under subsection (2)(a) or animal products are sold under an order made under subsection (2)(c), the proceeds of sale (if any) must be held by the Ministry (after deducting (in order) the costs of transport and processing, the cost of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown in caring for the animal or animals or providing veterinary treatment to that animal or those animals).
The Ministry must, unless the proceeds of sale are otherwise forfeited to the Crown or the owner of the animal or animals is unknown or cannot be contacted, pay the proceeds of sale to the owner as soon as practicable—
- after the determination of the proceedings for an offence involving that animal or those animals; or
- after a decision is taken not to commence any such proceedings.