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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 lift or change a ban on you if you've been disqualified from having animals."

If you are disqualified under section 169(1), you can apply to the court to have the disqualification removed or changed. 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 what to do with your application.

The court can choose to remove or change the disqualification from a certain date, or they can refuse your application. When making their decision, the court can look at the things mentioned in section 169(4) and what you have done since you were disqualified. They want to know how you have behaved since the disqualification order was made.

If the court changes the disqualification or says no to your application, you have to wait 12 months before you can apply again. This 12 months starts from the date of the court's decision to change or refuse your application. You can apply to the court again after this time if you want to.

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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=DLM3094413.

Topics:
Crime and justice > Courts and legal help
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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 rules about looking after animals when you're not allowed to can get you in trouble with 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).