Plain language law

New Zealand law explained for everyone

Animal Welfare Act 1999

Conduct towards animals - Inspection of traps

36: Obligations relating to traps

You could also call this:

"Rules for checking traps to keep animals safe"

If you set a trap to catch an animal alive, you must check the trap every day within 12 hours after sunrise. You can also check the trap within 24 hours after an animal is caught, but only if you have a reliable electronic monitoring system. This system must tell you when an animal is caught and let you meet your obligations within 24 hours.

When you check the trap, you must remove any live animal you find or take care of it properly. If you cannot take care of the animal, you must kill it without delay. You must do this to make sure the animal does not suffer.

If you do not check the trap as required, you can commit an infringement offence. If you do not take care of the animal, you can commit an offence and be fined up to $5,000 if you are an individual or up to $25,000 if you are a company.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50445.

Topics:
Environment and resources > Farming and fishingCrime and justice > Criminal law
Previous

35: Restrictions on sale of traps and devices, or

"Selling some traps and devices is against the law unless you have a good reason"

Next

37: Penalties, or

"What happens if you don't treat animals well and break the law"

Part 2Conduct towards animals
Inspection of traps

36Obligations relating to traps

  1. A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must—

  2. manually inspect that trap, or cause a competent person to manually inspect that trap, within 12 hours after sunrise on each day the trap remains set, beginning on the day immediately after the day on which the trap is set; or
    1. manually inspect that trap, or cause a competent person to manually inspect that trap, within 24 hours after the capture of an animal in the trap, but this paragraph applies only if—
      1. the person monitors the trap with an electronic monitoring system (such as a system of capture sensors and a wireless communication network) that is maintained by the person and that is reliable; and
        1. the monitoring system operates in such a way that it promptly communicates the fact that an animal has been captured in the trap and enables the person to meet the person’s obligations under subsection (2) within that 24-hour period.

        2. A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must—

        3. remove, or cause to be removed, any live animal found in that trap; or
          1. attend properly to the care of the animal or, without delay, kill the animal.

            1. A person who, without reasonable excuse, fails to comply with subsection (1) commits an infringement offence.

            2. A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence and is liable on conviction,—

            3. in the case of an individual, to a fine not exceeding $5,000; or
              1. in the case of a body corporate, to a fine not exceeding $25,000.

                Notes
                • Section 36: replaced, on , by section 21 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                • Section 36(1): replaced, on , by section 4 of the Statutes Amendment Act 2018 (2018 No 27).