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 animal treatment laws in sections 130 to 136"

Illustration for Search and Surveillance Act 2012

You will see some changes to sections 130 to 136 of the Animal Welfare Act 1999. These changes affect how animals are treated and what happens to them. You can find more information about the Search and Surveillance Act 2012 on the https://legislation.govt.nz/act/public/2012/0024/latest/link.aspx. You might be interested in how the law is applied to animals. The law says that some parts of the Search and Surveillance Act 2012 are used when dealing with animals. This includes what happens to animals that are seized by a constable or an inspector. Some sections of the law have been repealed or substituted. This means that they are no longer used or have been replaced with new information. You can find the updated information in the relevant sections of the Animal Welfare Act 1999. The law also says what happens to animals that are in the care of a constable or an inspector. They can place the animal in the care of another person if needed. You can find more information about the Search and Surveillance Act 2012 and how it applies to animals on the https://legislation.govt.nz/act/public/2012/0024/latest/link.aspx.

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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.


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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.