Plain language law

New Zealand law explained for everyone

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"

If you wilfully ill-treat an animal, you can commit an offence. This happens if the animal is permanently disabled, dies, or is in so much pain that it needs to be put down to end its suffering. You can also commit an offence if the animal is seriously injured or impaired. You seriously injure or impair an animal if you cause it prolonged pain and suffering, or a substantial risk of death, or it loses a body part, or it has a permanent or prolonged loss of a bodily function, and it needs treatment from a veterinarian. If you commit this offence, you can be liable for imprisonment or a fine, depending on whether you are an individual or a company, and the punishment can be up to 5 years in prison or a $100,000 fine for an individual, or a $500,000 fine for a company.

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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.

Topics:
Crime and justice > Criminal lawEnvironment and resources > Farming and fishing
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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 is against the law and can lead to big fines or even jail."

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).