Animal Welfare Act 1999

Conduct towards animals - Ill-treatment of animals

28A: Reckless ill-treatment of animals

You could also call this:

"Hurting animals on purpose is against the law and can lead to big fines or even jail."

If you recklessly ill-treat an animal, you can commit an offence. This happens if the animal is permanently disabled, dies, or is in so much pain that it needs to be put down to end its suffering. You can also commit an offence if the animal is seriously injured or impaired. You are seriously injuring or impairing an animal if the injury involves prolonged pain and suffering, a substantial risk of death, loss of a body part, or permanent loss of a bodily function, and the animal needs treatment from a veterinarian. If you commit this offence, you can be liable for imprisonment or a fine, depending on whether you are an individual or a company, and the punishment can be imprisonment for up to 3 years or a fine of up to $75,000 for an individual, or a fine of up to $350,000 for a company.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3094404.


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28: Wilful ill-treatment of animals, or

"Hurting animals on purpose is against the law"


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29: Further offences, or

"More ways you can break the law and hurt animals"

Part 2Conduct towards animals
Ill-treatment of animals

28AReckless ill-treatment of animals

  1. A person commits an offence if that person recklessly ill-treats an animal with the result that—

  2. the animal is permanently disabled; or
    1. the animal dies; or
      1. the pain or distress caused to the animal is so great that it is necessary to destroy the animal in order to end its suffering; or
        1. the animal is seriously injured or impaired.
          1. For the purposes of subsection (1)(d), an animal is seriously injured or impaired if the injury or impairment—

          2. involves—
            1. prolonged pain and suffering; or
              1. a substantial risk of death; or
                1. loss of a body part; or
                  1. permanent or prolonged loss of a bodily function; and
                  2. requires treatment by or under the supervision of a veterinarian.
                    1. A person who commits an offence against this section is liable on conviction,—

                    2. in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000 or to both:
                      1. in the case of a body corporate, to a fine not exceeding $350,000.
                        Notes
                        • Section 28A: inserted, on , by section 5 of the Animal Welfare Amendment Act 2010 (2010 No 93).
                        • Section 28A(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).