Animal Welfare Act 1999

Conduct towards animals - Ill-treatment of animals

28: Wilful ill-treatment of animals

You could also call this:

"Hurting animals on purpose is against the law"

Illustration for Animal Welfare Act 1999

You commit an offence if you wilfully ill-treat an animal and it gets permanently disabled, dies, or is in so much pain that it needs to be put down. You also commit an offence if the animal is seriously injured or impaired. This means the animal has prolonged pain and suffering, a substantial risk of death, loss of a body part, or permanent loss of a bodily function, and needs a vet's treatment. If you commit this offence, you can get in trouble with the law. As an individual, you could go to prison for up to 5 years, get a fine of up to $100,000, or both. As a company, you could get a fine of up to $500,000. The law says you must not treat animals badly on purpose. This is to protect animals from getting hurt or suffering.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50429.

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27: Purpose, or

"What you can and can't do to animals to treat them fairly and with respect."


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28A: Reckless ill-treatment of animals, or

"Hurting animals on purpose can lead to big fines or jail time."

Part 2Conduct towards animals
Ill-treatment of animals

28Wilful ill-treatment of animals

  1. A person commits an offence if that person wilfully ill-treats an animal with the result that—

  2. the animal is permanently disabled; or
    1. the animal dies; or
      1. the pain or distress caused to the animal is so great that it is necessary to destroy the animal in order to end its suffering; or
        1. the animal is seriously injured or impaired.
          1. For the purposes of subsection (1)(d), an animal is seriously injured or impaired if the injury or impairment—

          2. involves—
            1. prolonged pain and suffering; or
              1. a substantial risk of death; or
                1. loss of a body part; or
                  1. permanent or prolonged loss of a bodily function; and
                  2. requires treatment by or under the supervision of a veterinarian.
                    1. A person who commits an offence against this section is liable on conviction,—

                    2. in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000 or to both:
                      1. in the case of a body corporate, to a fine not exceeding $500,000.
                        Notes
                        • Section 28: substituted, on , by section 5 of the Animal Welfare Amendment Act 2010 (2010 No 93).
                        • Section 28(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).