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Animal Welfare Act 1999

Care of animals - Defence and rebuttable evidence

24: Defence and rebuttable evidence

You could also call this:

"Defending yourself against animal welfare charges"

Illustration for Animal Welfare Act 1999

If you are charged with an offence against certain sections of the Animal Welfare Act, evidence that a relevant code of welfare was not followed can be used against you. You can defend yourself if you prove there was a relevant code of welfare at the time and you met or exceeded its minimum standards. This defence applies to offences against section 21(b), section 22(2), section 23(1), or section 23(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50419.

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Topics:
Crime and justice > Criminal lawEnvironment and resources > ConservationAnimal welfare > Animal protection
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Part 1Care of animals
Defence and rebuttable evidence

24Defence and rebuttable evidence

  1. In a prosecution for an offence against section 21(b) or section 22(2) or section 23 committed after the commencement of this subsection, evidence that a relevant code of welfare was in existence at the time of the alleged offence and that a relevant minimum standard established by that code was not complied with is rebuttable evidence that the person charged with the offence failed to comply with, or contravened, the provision of this Act to which the offence relates.

  2. It is a defence in any prosecution for an offence against section 21(b) or section 22(2) or section 23(1) or section 23(2) if the defendant proves—

  3. that there was in existence at the time of the alleged offence a relevant code of welfare; and
    1. that the minimum standards established by the code of welfare were in all respects equalled or exceeded.

      Notes
      • Section 24 heading: amended, on , by section 5(2) of the Animal Welfare Amendment Act 2002 (2002 No 53).
      • Section 24(1): inserted, on , by section 5(3) of the Animal Welfare Amendment Act 2002 (2002 No 53).
      • Section 24(1): amended, on , by section 17 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
      • Section 24(2): amended, on , by section 17 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).