Animal Welfare Act 1999

Care of animals - Defence and rebuttable evidence

24: Defence and rebuttable evidence

You could also call this:

"How to defend yourself if accused of not following animal welfare rules"

If you are charged with an offence against certain sections of the Animal Welfare Act, such as section 21(b), section 22(2), or section 23, evidence that a relevant code of welfare was not followed can be used against you. You can argue against this evidence if you can show that you did follow the code of welfare. You must prove that the code of welfare existed at the time of the alleged offence and that you met or exceeded its minimum standards.

If you are prosecuted for an offence against certain sections of the Animal Welfare Act, you have a defence if you can prove two things. You must show that a relevant code of welfare existed at the time of the alleged offence. You must also show that you met or exceeded the minimum standards established by the code of welfare, as stated in section 21(b), section 22(2), section 23(1), or section 23(2).

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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=DLM50419.

Topics:

Crime and justice > Criminal lawEnvironment and resources > Farming and fishing

23: Other offences in relation to transport of animals, etc, or

"Hurting animals while moving them is against the law"

25: Penalties, or

"What happens if you don't follow the animal welfare rules"

Part 1Care of animals
Defence and rebuttable evidence

24Defence and rebuttable evidence

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

Notes

Section 24 heading: amended, on 19 December 2002, by section 5(2) of the Animal Welfare Amendment Act 2002 (2002 No 53).
Section 24(1): inserted, on 19 December 2002, by section 5(3) of the Animal Welfare Amendment Act 2002 (2002 No 53).
Section 24(1): amended, on 9 May 2021, by section 17 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
Section 24(2): amended, on 9 May 2021, by section 17 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).