Animal Products Act 1999

Officers, powers, etc - Powers of animal product officers

91A: Disposal of seized animals prior to commencement or determination of proceedings

You could also call this:

"What happens to animals taken by authorities before a court case is decided"

If a constable or an animal product officer seizes a live animal under a search warrant issued under section 94, and you are the owner, the court can make decisions about what happens to the animal. The District Court can order the animal to be sold, given to someone else, or destroyed if the court thinks it is a good idea. You will get a chance to tell the court what you think if the court knows who you are and can contact you.

The court will think about many things when making a decision, such as who the owner is, how many animals are involved, and how much it costs to care for them. The court will also think about whether it is reasonable to keep the animals or give them to someone else. If the court decides to sell the animal, the money from the sale will be held by the Ministry.

The Ministry will pay you the money from the sale after the court case is finished, unless the money is forfeited to the Crown or the court cannot contact you. If the court decides not to start a court case, the Ministry will also pay you the money from the sale. You will get the money as soon as possible after the court case is finished or the decision not to start a court case is made.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4828744.

91: Power to require presentation of live animals, or

"Animal owners must show their animals to inspectors if asked, and follow their instructions."

91B: Matters may be continued by different animal product officer, or

"One animal product officer can start something and another can finish it."

Part 7Officers, powers, etc
Powers of animal product officers

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—
1. proceedings for an offence involving that animal or those animals—
  1. have been commenced but not yet determined; or
  2. have not yet been commenced but are intended to be commenced within a reasonable period; or
2. the owner of that animal or animals cannot be located.

If this section applies, the 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.

Notes

Section 91A: inserted, on 1 October 2012, by section 192 of the Search and Surveillance Act 2012 (2012 No 24).
Section 91A(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).