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Animal Welfare Act 1999

Conduct towards animals - Traps and devices

33: Criteria

You could also call this:

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

When the Minister decides whether to recommend making a new rule about traps and devices under section 32(1) or section 32(6), you need to think about some things. The Minister must consider the type of trap or device and what it is used for. They must also think about whether the trap or device will cause animals too much pain or distress.

The Minister has to consider if there are other ways to manage animal welfare that are already in place. They must see if the trap or device meets any relevant New Zealand standards under the Standards and Accreditation Act 2015. They have to think about if there are other ways to achieve the same goal that are available and cost-effective.

The Minister must consider if the trap or device can be modified to reduce its negative effects on animals. They have to look at what people said during consultations under section 32(1) or section 32(6) and section 184(1). They can also think about any other matters they consider relevant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50440.

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

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

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34: Restrictions on use of traps and devices to kill, manage, entrap, capture, entangle, restrain, or immobilise animals, or

"Rules about using traps and devices to catch or hurt animals"

Part 2Conduct towards animals
Traps and devices

33Criteria

  1. The Minister must, in deciding whether or not to recommend the making of an Order in Council under section 32(1) or section 32(6), have regard to the following matters:

  2. the nature and purpose of the trap or device; and
    1. whether any pain or distress that the trap or device is likely to cause would be unreasonable; and
      1. whether the use of other instruments under this Act, or instruments under other Acts, are adequate to manage the effects of the trap or device on animal welfare; and
        1. whether the trap or device conforms to any relevant New Zealand standard within the meaning of the Standards and Accreditation Act 2015; and
          1. the availability and cost-effectiveness of, and the feasibility of a transition to, other means of achieving the purpose of the trap or device (whether by means of another trap or device or by different means); and
            1. whether the trap or device could be modified, or the method of use controlled, to avoid unacceptable effects on animal welfare; and
              1. the consultation conducted under section 32(1) or section 32(6), as the case may be, and any consultation conducted under section 184(1); and
                1. any other matter considered relevant by the Minister.

                  Notes
                  • Section 33(d): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).
                  • Section 33(e): substituted, on , by section 8 of the Animal Welfare Amendment Act 2002 (2002 No 53).