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Animal Welfare Act 1999

Offences - Further provisions relating to offences

169A: Disqualified person may apply to court for removal or variation of disqualification

You could also call this:

"You can ask a court to remove or change a ban if you're not allowed to have animals."

Illustration for Animal Welfare Act 1999

If you are disqualified under section 169(1), you can apply to the court to remove or change the disqualification. You cannot apply until a certain time has passed, which is either the end of the minimum disqualification period or two years from when the disqualification order was made. The court will then decide whether to remove or change the disqualification, or refuse your application. The court will think about certain matters when deciding your application, including things mentioned in section 169(4) and how you have behaved since the disqualification order was made. If the court changes the disqualification or refuses your application, you cannot apply again for 12 months. You can apply to the court to remove or change the disqualification, and the court will consider your application carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3094413.

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Topics:
Crime and justice > Courts and legal helpEnvironment and resources > ConservationAnimal welfare > Animal ownership and control
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169: Court may disqualify person from owning or exercising authority in respect of animals, or

"Courts can ban people from owning animals if they hurt them"

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169B: Offence of contravening disqualification order, or

"Breaking an animal ban is against the law"

Part 8Offences
Further provisions relating to offences

169ADisqualified person may apply to court for removal or variation of disqualification

  1. A person who is disqualified under section 169(1) may apply to the court for the removal or variation of the disqualification.

  2. A person may not apply under subsection (1) before—

  3. the expiry of the minimum disqualification period, if there is one; or
    1. if there is no minimum disqualification period, the expiry of 2 years from the date of the disqualification order.

      1. The court may order that, as from a date specified in the order, the disqualification be removed or varied, or that the application be refused.

      2. In deciding an application under this section, the court may have regard to—

      3. the matters specified in section 169(4); and
        1. the applicant's conduct since the disqualification order was made.

          1. If the court varies the disqualification or refuses the application, the person who is disqualified may not re-apply under subsection (1) before the expiry of 12 months after the date of the order of variation or the refusal.

          Notes
          • Section 169A: inserted, on , by section 7 of the Animal Welfare Amendment Act 2010 (2010 No 93).
          • Section 169A(4): replaced, on , by section 61 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).