Part 2Conduct towards animals
Traps and devices
32Power to declare traps or devices to be prohibited or restricted traps or devices
For the purposes of this Act, the Governor-General may from time to time, by Order in Council, made on the advice of the Minister tendered after consultation by that Minister with the National Animal Welfare Advisory Committee, declare any trap or device to be—
- a prohibited trap or a prohibited device; or
- a restricted trap or a restricted device.
Subsection (1) does not authorise the making of an order in respect of any trap or device used for fishing.
Subsection (2) does not derogate from the provisions of—
- the Wildlife Act 1953; or
- the Marine Mammals Protection Act 1978; or
- the Fisheries Act 1996.
Where the order declares any trap to be a restricted trap or any device to be a restricted device, the order may contain provisions regulating the sale or use of the trap or device.
An order may be general in its application or may relate to a particular trap or class of traps or a particular device or class of devices.
An order relating to a restricted trap or class of traps, or a restricted device or class of devices, may relate to—
- the use of a particular trap or class of traps, or a particular device or class of devices, in relation to a particular species or type of animal:
- a specified district or subdivision of a district of a territorial authority, or any specified part of New Zealand.
The Governor-General may, by Order in Council, made on the advice of the Minister tendered after consultation with the National Animal Welfare Advisory Committee, amend or revoke an Order in Council made under subsection (1).
The consultation required by section 184(1) is in addition to the consultation required by subsections (1) and (6) of this section.
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).