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Animal Welfare Act 1999
Care of animals
Obligations of owners and of persons in charge of animals
10: Obligation in relation to physical, health, and behavioural needs of animals

1Short Title and commencement 2Interpretation 3Definition of manipulation 4Definition of physical, health, and behavioural needs 5Definition of research, testing, and teaching 6Definition of significant surgical procedure 7Notice of making of Order in Council 8Act to bind the Crown 8ATransitional, savings, and related provisions

Part 1:
Care of animals

9Purpose

Part 2:
Conduct towards animals

27Purpose

Ill-treatment of animals

28Wilful ill-treatment of animals 28AReckless ill-treatment of animals 29Further offences 30Strict liability

Ill-treating, hunting, or killing wild animals or animals in wild state

30AWilful or reckless ill-treatment of wild animals or animals in wild state 30BHunting or killing 30CHunting in safari parks 30DCaptured animals 30ECertain provisions relating to traps and devices not excluded

Animal fighting ventures

31Animal fighting ventures

Traps and devices

32Power to declare traps or devices to be prohibited or restricted traps or devices 33Criteria 34Restrictions on use of traps and devices to kill, manage, entrap, capture, entangle, restrain, or immobilise animals 35Restrictions on sale of traps and devices

Inspection of traps

36Obligations relating to traps

Penalties

37Penalties

Part 3:
Animal exports

38Purpose 39Effect of this Part 40Animal export requires animal welfare export certificate 41Animal welfare export certificate must not be issued for certain animals 41Guidelines for issue of animal welfare export certificates 42Application for animal welfare export certificate 43Consideration of application 44Decision on application 45Conditions 46Issue of animal welfare export certificate 47Multiple consignment animal welfare export certificates 48Exemptions 49Delegation of functions or powers of Director-General 50Revocation of delegations 51Review of decisions 52Animals being exported in accordance with conservation legislation 53Enforcement 54Offence

Part 4:
Advisory committees

55Purpose

National Animal Welfare Advisory Committee

56National Animal Welfare Advisory Committee 57Functions 58Membership 59Term of office 60Annual report 61Further provisions applying to National Animal Welfare Advisory Committee

National Animal Ethics Advisory Committee

62National Animal Ethics Advisory Committee 63Functions 64Membership 65Term of office 66Annual report 67Further provisions applying to National Animal Ethics Advisory Committee

Part 5:
Codes of welfare

68Purpose 69Contents 70Preparation of draft code 71Public notification 72Consultation 73Matters to be considered 74Recommendation to Minister 75Issue of code 76Amendment or revocation of code of welfare 77Availability of codes of welfare 78Review of code of welfare 78AReview date may be extended 79Codes of welfare treated as legislative instruments for purposes of disallowance

Part 6:
Use of animals in research, testing, and teaching

80Purposes 81Effect of this Part

Restrictions

82Restrictions on research, testing, and teaching involving use of animals 83Restrictions on carrying out of projects 84Power to carry out certain projects 84AProhibition on use of animals in research, testing, and teaching for making cosmetic 85Restrictions on use of non-human hominids 86Revocation of approval

Codes of ethical conduct

87Codes of ethical conduct 88Contents of code of ethical conduct 89Application for approval 90Changes to proposed code 91Approval of code of ethical conduct 92Time limits 93Approval to be personal to code holder 94Duration of approval 95Application for amendment, suspension, or revocation of code of ethical conduct 96Amendment, suspension, or revocation 97Review of decisions

Animal ethics committees

98Establishment of animal ethics committees 99Functions and powers 100Criteria 101Membership 102Procedure 103Report of non-compliance 104Protection of members of animal ethics committees

Reviews of code holders and animal ethics committees

105Independent reviews 106Purpose 107Period to which independent review relates 108Conduct of independent review 109Accredited reviewers 110Performance of duties 111Applications for accreditation 112Performance standards 113Provisions applying in respect of accreditation and accredited reviewers 114Review 115Report 116Level of compliance 117Power of Minister to commission review

Power of Minister to approve research or testing

118Power of Minister to approve research or testing

Penalties

119Penalties

Part 7:
Provisions relating to administration

120Purpose

Approved organisations, inspectors, and auxiliary officers

121Approved organisations 122Criteria 123Amendment or revocation of declaration 123AAppointment of auditors 123BAudits 123CAuditors' general duties 123DAuditors' powers 124Appointment of inspectors 125Appointment of auxiliary officers 126Inspectors and auxiliary officers to act under direction of Director-General

Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships

127Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships 128Production of evidence of appointment 129Notice of entry 130Power to prevent or mitigate suffering

Search warrants

131Search warrants 132Form and content of search warrant 133Powers conferred by search warrant 134Production of search warrant 135Notice of execution of search warrant

Further provisions relating to powers of search and entry

136Disposal of thing seized 136ADisposal of animals seized or taken into custody prior to commencement or determination of proceedings 137Vehicle, aircraft, ship, or animal may be detained

Powers in relation to injured or sick animals

138Destruction of injured or sick animals (other than marine mammals)139Destruction of impounded animals that are diseased, injured, or sick 140Injured and sick marine mammals

Disposal of animals in custody of approved organisations

141Duties of approved organisation 142Obligation to maintain register

Enforcement orders

143Application for enforcement order 144Power to make enforcement order 145Compliance with enforcement order 146Notification of application 147Right to be heard 148Temporary enforcement order 149Coming into force of enforcement order 150Duration of enforcement order 151Power to vary or discharge enforcement order 152Offence to contravene enforcement order 153Appeals to High Court 154Appeals to Court of Appeal 155Effect of appeal 156Rules of court

Compliance notices

156AScope 156BContent 156CService 156DCompliance 156EChange or cancellation 156FAppeal to District Court 156GAppeal to High Court, Court of Appeal, or Supreme Court 156HEffect of appeal 156IPenalties for non-compliance with compliance notice

Miscellaneous provisions

157Offenders to give name and address 158Protection of persons acting under authority of Act

Offences

159Obstruction of inspector or auxiliary officer 160Impersonating inspector or auxiliary officer

Part 8:
Offences

Infringement offences

161Infringement offences 162Infringement notices 163Payment of infringement fees

Further provisions relating to offences

164Liability of employers and principals 165Liability of directors and officers of bodies corporate 166Evidence in proceedings 167Time for filing charging document for offence against section 54 or 130 168Inspector may conduct proceedings 168ABurden of proof of reasonable excuse 169Court may disqualify person from owning or exercising authority in respect of animals 169ADisqualified person may apply to court for removal or variation of disqualification 169BOffence of contravening disqualification order 170Liability for damage 171Application of fines recovered in respect of offences 172Power of court to order that certain animals be forfeited to the Crown or approved organisation 173Expenses incurred by inspectors and territorial authorities 174Certain offences against Dog Control Act 1996 to be treated as offences against this Act

Part 9:
Miscellaneous provisions

Exceptions in relation to hunting or killing

175Hunting or killing 176Hunting in safari parks 177Captured animals 178Certain provisions relating to traps and devices not excluded

Exceptions in relation to use of animals to protect human health or safety

179Use of animals to protect human health or safety 180Power to amend Schedule 3 by Order in Council

Exception in relation to agricultural compounds and hazardous substances

181Agricultural compounds and hazardous substances

Recovery of costs

182Criteria in relation to recovery of costs

Regulations

183Regulations 183ARegulations relating to standards of care 183BRegulations relating to surgical and painful procedures 183CRegulations relating to exporting animals

Consultation

184Consultation

Consolidation of secondary legislation or published instruments

184ACertain secondary legislation or published instruments may be consolidated

Notices

185Service of notices

Transitional provisions

186Advisory committees 187Transitional provisions relating to membership of committees 188Transitional provisions relating to inspectors 189Transitional provision relating to approved organisations 190Transitional provision relating to branch and member societies 191Deemed codes of welfare 192Codes of ethical conduct 193Animal ethics committees

Amendments and repeals

Savings provisions

199Certain regulations to continue in force 200Certain bylaws to continue in force 201Saving 202Expiry of section 201

Schedule 1:
Provisions applying in respect of National Animal Welfare Advisory Committee and National Animal Ethics Advisory Committee

Schedule 2:
Provisions applying in respect of accreditation and accredited reviewers

Schedule 3:
Agencies authorised to use animals in protecting human health or safety or enforcing the law

Schedule 4:
Transitional, savings, and related provisions

Schedule 5:
Enactments amended

Schedule 6:
Enactments repealed

Schedule 7:
Regulations continued in force as code of welfare

Animal Welfare Act 1999

Care of animals - Obligations of owners and of persons in charge of animals

10: Obligation in relation to physical, health, and behavioural needs of animals

You could also call this:

"Looking after animals: you must meet their physical, health, and behavioural needs."

If you own an animal or are in charge of one, you must make sure its physical, health, and behavioural needs are met. You have to do this in a way that follows good practice and scientific knowledge. This means you need to take care of the animal's needs in a way that is based on what is known to be best for the animal.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50298.

Topics:

Environment and resources > Conservation

9: Purpose, or

"Looking after animals' needs and keeping them safe and healthy is the purpose."

11: Obligation to alleviate pain or distress of ill or injured animals, or

"You must help ill or injured animals to stop their pain and suffering."

Part 1Care of animals
Obligations of owners and of persons in charge of animals

10Obligation in relation to physical, health, and behavioural needs of animals

The owner of an animal, and every person in charge of an animal, must ensure that the physical, health, and behavioural needs of the animal are met in a manner that is in accordance with both—
good practice; and
scientific knowledge.