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Search and Surveillance Act 2012

Amendments, 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 Welfare Act 1999

195: Amendments to sections 130 to 136

You could also call this:

"Changes to rules about police and animals"

The law is changing some rules about animals and how police or inspectors can deal with them. You need to know that when police or inspectors take an animal, they can decide what to do with it, including destroying it if necessary. The rules about how police or inspectors can search for and seize animals are also changing, and you can find more information about this in the Search and Surveillance Act 2012.

Some parts of the law are being removed or replaced, like sections 132, 133, 134, and 135. The new rules say that police or inspectors can give animals to other people to look after. If you want to know more about how police or inspectors can deal with animals, you can look at section 131 or section 136 of the law.

The law is also changing how police or inspectors can seize things, including animals, and what they can do with them afterwards. You can find more information about this in the Search and Surveillance Act 2012, especially in subparts 1, 5, 6, 7, 9, and 10 of Part 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136917.

Topics:
Crime and justice > Police and safetyEnvironment and resources > Conservation
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194: Amendments to Animal Welfare Act 1999, or

"Changes to the Animal Welfare Act 1999 to make it work with other laws"

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196: New section 136A inserted, or

"What happens to animals taken away because of a possible crime"

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 Welfare Act 1999

195Amendments to sections 130 to 136

  1. Section 130(1)(a) is amended by inserting (including, if necessary, destroying or arranging for the destruction of the animal) after animal.

  2. Section 130(1)(b) is amended by adding (including, if necessary, destroying or arranging for the destruction of the animal).

  3. Section 131(1) is amended by omitting District Court Judge or Justice or Community Magistrate or any Registrar (not being a member of the police) who, on an application in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act.

  4. Section 131 is amended by repealing subsection (3) and substituting the following subsections:

  5. The provisions of Part 4 of the Search and Surveillance Act 2012 apply, subject to subsection (4) and sections 133(2) and (4), 136, and 136A.

  6. Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

  7. Sections 132, 133(1), (3), and (5), 134, and 135 are repealed.

  8. Section 133(4) is amended by inserting (including, if necessary, destroying or arranging for the destruction of the animal) after suffering of the animal.

  9. Section 136 is amended by repealing subsection (1) and substituting the following subsection:

  10. Subject to subsections (2) and (3) and section 136A, subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of—

  11. any thing seized by a constable (including any animal seized by a constable under the authority of a search warrant issued under section 131 and any animal of which a constable takes possession under section 137(1)); and
    1. with the necessary modifications, any thing seized by an inspector (including any animal seized by an inspector under the authority of a search warrant issued under section 131 and any animal of which an inspector takes possession under section 127(5)).

      1. Section 136 is amended by repealing subsection (2) and substituting the following subsection:

      2. Despite anything in subpart 6 of Part 4 of the Search and Surveillance Act 2012, a constable or an inspector who has custody of an animal may place that animal in the care of any other person.

      3. Section 136(3) is amended by omitting section 199(3) of the Summary Proceedings Act 1957 and substituting section 154(2)(c) of the Search and Surveillance Act 2012.