Animal Welfare Act 1999

Conduct towards animals - Traps and devices

32: Power to declare traps or devices to be prohibited or restricted traps or devices

You could also call this:

"The government can ban or restrict traps that hurt animals."

The Governor-General can decide that some traps or devices are not allowed or can only be used in certain ways. You need to know that this decision is made with advice from the Minister, who talks to the National Animal Welfare Advisory Committee first. The Governor-General makes this decision by creating an Order in Council.

The Governor-General's decision does not apply to traps or devices used for fishing. There are other laws, like the Wildlife Act 1953, the Marine Mammals Protection Act 1978, and the Fisheries Act 1996, that still apply.

If the Governor-General decides that a trap or device can only be used in certain ways, the Order in Council can say how it can be sold or used. The Order in Council can apply to all traps or devices, or just some of them. It can also say where or how a trap or device can be used, like in a certain area or for a certain type of animal.

The Governor-General can change or cancel an Order in Council later, after talking to the Minister and the National Animal Welfare Advisory Committee again. The Minister has to consult with the National Animal Welfare Advisory Committee, and this is in addition to other consultations that are required. An Order in Council is a type of secondary legislation, which means it has to be published in a certain way, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50437.


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"It's against the law to make animals fight or help them fight for sport or entertainment."


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33: Criteria, or

"Things to consider when making rules about animal traps and devices"

Part 2Conduct towards animals
Traps and devices

32Power to declare traps or devices to be prohibited or restricted traps or devices

  1. 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—

  2. a prohibited trap or a prohibited device; or
    1. a restricted trap or a restricted device.
      1. Subsection (1) does not authorise the making of an order in respect of any trap or device used for fishing.

      2. Subsection (2) does not derogate from the provisions of—

      3. the Wildlife Act 1953; or
        1. the Marine Mammals Protection Act 1978; or
          1. the Fisheries Act 1996.
            1. 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.

            2. 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.

            3. An order relating to a restricted trap or class of traps, or a restricted device or class of devices, may relate to—

            4. 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:
              1. a specified district or subdivision of a district of a territorial authority, or any specified part of New Zealand.
                1. 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).

                2. The consultation required by section 184(1) is in addition to the consultation required by subsections (1) and (6) of this section.

                3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 32(5): substituted, on , by section 7 of the Animal Welfare Amendment Act 2002 (2002 No 53).
                • Section 32(5A): inserted, on , by section 7 of the Animal Welfare Amendment Act 2002 (2002 No 53).
                • Section 32(8): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).