Animal Welfare Act 1999

Animal exports

48: Exemptions

You could also call this:

"Some animals can be exempt from rules when exported if they won't be harmed"

The Director-General can decide to exempt certain animals from some rules when they are being exported. You need to know that this can happen if the Director-General thinks the animals will not be harmed. The Director-General can exempt animals from rules in section 40(1) of the Animal Welfare Act.

The Director-General cannot exempt cattle, deer, goats, or sheep that are being exported by ship. When the Director-General makes a decision to exempt animals, they can restrict the exemption to certain types of transport or destinations. They can also impose conditions that must be followed.

When making a decision, the Director-General must think about whether the animals need special permission to be exported under other laws. They must also consider how easily the animals can be harmed or distressed. The Director-General can change or cancel any exemptions at any time by making a new notice.

A notice made under this section is called secondary legislation, which has its own publication requirements, 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=DLM50459.


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Part 3Animal exports

48Exemptions

  1. The Director-General may from time to time, by notice,—

  2. exempt certain species or types of animals from the requirements of section 40(1); or
    1. specify the circumstances in which any animals are to be exempted from the requirements of section 40(1); or
      1. exercise both his or her power under paragraph (a) and his or her power under paragraph (b),—
        1. if he or she is satisfied that the risk to the welfare of the animals is minimal.

        2. However, the Director-General must not exempt the export of cattle, deer, goats, or sheep by ship.

        3. A notice under subsection (1) may—

        4. restrict the exemption to particular modes of transport or to particular destinations; and
          1. impose conditions that must be complied with.
            1. The Director-General must, in considering whether to publish a notice under subsection (1), have regard to the following matters:

            2. whether export authorisation is required under any other Act that has animal welfare requirements:
              1. the susceptibility of the species or type of animals to harm or distress:
                1. any other matter that is relevant to the welfare of animals.
                  1. Any notice under subsection (1) may be at any time amended or revoked by the Director-General by a subsequent notice.

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

                  Notes
                  • Section 48(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 48(1A): inserted, on , by section 10 of the Animal Welfare Amendment Act 2022 (2022 No 53).
                  • Section 48(1A): amended, on , by section 11 of the Animal Welfare Amendment Act 2022 (2022 No 53).
                  • Section 48(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 48(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).