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

196: New section 136A inserted

You could also call this:

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

If animals are taken away from someone because of a possible crime, you might wonder what happens to them. The court can decide what to do with the animals if the owner cannot be found or if the court case has not finished yet. You can find more information about search warrants in the Search and Surveillance Act 2012, which is related to the Animal Welfare Act 1999.

The court can order the animals to be sold, given to someone else, or destroyed. It can also order the animals to have surgery, like dehorning. The court must listen to the owner's views before making a decision, if the owner is known and can be contacted.

When making a decision, the court thinks about many things, such as who owns the animals, how many animals there are, and how much it costs to care for them. It also thinks about the animals' health and whether they can be moved to a new home. If the animals are sold, the money from the sale is held by the Ministry or an approved organisation.

The money from the sale will be given to the owner after the court case is finished, unless the money is kept by the government or the owner cannot be found. The court can also decide to keep the money if the owner is not known or cannot be contacted.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136918.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

195: Amendments to sections 130 to 136, or

"Changes to rules about police and animals"

197: Vehicle, aircraft, ship, or animal may be detained, or

"The police can take control of a vehicle, ship, plane, or animal if you're arrested for an animal-related 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

196New section 136A inserted

The following section is inserted after section 136:
136ADisposal of animals seized or taken into custody prior to commencement or determination of proceedings
1. This section applies if—
2. 1 or more animals are seized by a constable or an inspector, under the authority of a search warrant issued under section 131, or are taken into possession by an inspector under section 127(5) or a constable under section 137(1); and
3. either—
  1. 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
  2. the owner of that animal or those animals cannot be located.
4. If this section applies, a District Court, on its own motion, or on an application by a constable or an inspector, may make an order authorising—
5. the sale of the animal or animals; or
6. the placement of the animal or animals with another person; or
7. the destruction or other disposal of the animal or animals; or
8. the dehorning or performance of other surgical procedures on the animal or animals.
9. The District Court—
10. 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
11. may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and
12. may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
13. In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters:
14. 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:
15. the number of animals involved:
16. whether the animal or animals are being kept for economic purposes or for companionship:
17. the cost of continuing to hold the animal or animals:
18. the physical state of the animal or animals:
19. whether it is reasonable or practicable for the animal or animals to be placed elsewhere:
20. whether it is reasonable or practicable for the Ministry or an approved organisation to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or animals:
21. whether any person will suffer material or other loss, and the extent of that loss, if the animal or animals are sold:
22. any other matters the court considers relevant.
23. If an animal is sold under the authority of an order under subsection (2)(a), the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs 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 or approved organisation in caring for the animal or animals or providing veterinary treatment to that animal or those animals).
24. The Ministry or approved organisation referred to in subsection (5) must, unless the proceeds of sale are forfeited to the Crown under section 172(1) or the owner of the animal is unknown or cannot be contacted, pay the proceeds of sale to the owner as soon as practicable—
25. after the determination of the proceedings for an offence involving that animal or those animals; or
26. after a decision is taken not to commence any such proceedings.