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Animal Welfare Act 1999

Codes of welfare

73: Matters to be considered

You could also call this:

"Things to think about when creating animal welfare rules"

Illustration for Animal Welfare Act 1999

When the National Animal Welfare Advisory Committee looks at a draft code of welfare, you need to think about a few things. You must be sure the proposed standards are the minimum needed to meet the purposes of the Animal Welfare Act. You also need to think about whether the recommendations for best practice are appropriate. The Committee must consider the submissions made under section 71 and the consultations they undertook. They must also think about good practice and scientific knowledge in relation to managing the animals the code is about. They have to consider available technology and any other relevant matters. The Committee may think about practicality and economic impact when doing their job. They can recommend to the Minister that regulations be made under section 183A(1)(a) to give effect to Parts 1 and 2. They can also recommend making regulations under section 183A(2) for standards that do not fully meet obligations. Before making some recommendations, the Committee must consider the relevant provisions of section 183A. If the Committee thinks proposed standards are needed to give effect to regulations, such as regulations 25 to 27 of the Animal Welfare (Care and Procedures) Regulations 2018, they can be satisfied that the standards meet the requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50488.

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72: Consultation, or

"Talking to people about new animal welfare rules"

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74: Recommendation to Minister, or

"The National Animal Welfare Advisory Committee tells the Minister if a new animal welfare rule is a good idea."

Part 5Codes of welfare

73Matters to be considered

  1. The National Animal Welfare Advisory Committee must, in considering the content of a draft code of welfare, and before deciding whether to recommend to the Minister the issue of that code,—

  2. be satisfied that the proposed standards are the minimum necessary to ensure that the purposes of this Act will be met; and
    1. be satisfied that the recommendations for best practice (if any) are appropriate.

      1. In carrying out its functions under subsection (1), the National Animal Welfare Advisory Committee must have regard to—

      2. the submissions made under section 71 and the consultations undertaken by the Committee; and
        1. good practice and scientific knowledge in relation to the management of the animals to which the code relates; and
          1. available technology; and
            1. any other matters considered relevant by the National Animal Welfare Advisory Committee.

              1. In carrying out its functions under subsection (1), the National Animal Welfare Advisory Committee may take into account practicality and economic impact, if relevant.

              2. The National Animal Welfare Advisory Committee may recommend to the Minister that regulations be made under section 183A(1)(a) (which relates to standards or requirements for the purposes of giving effect to Parts 1 and 2).

              3. The National Animal Welfare Advisory Committee may recommend to the Minister the making of regulations under section 183A(2) (which relates to prescribing standards or requirements that do not fully meet specified obligations).

              4. Before making a recommendation under subsection (5), the National Animal Welfare Advisory Committee must consider the relevant provisions of section 183A.

              5. Subsection (1)(a) must be treated as being met in relation to proposed standards if the National Animal Welfare Advisory Committee is satisfied that they are needed to give effect to, or for consistency with, any of regulations 25 to 27 of the Animal Welfare (Care and Procedures) Regulations 2018.

              Notes
              • Section 73(3): replaced, on , by section 31 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
              • Section 73(4): replaced, on , by section 31 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
              • Section 73(5): inserted, on , by section 31 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
              • Section 73(6): inserted, on , by section 31 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
              • Section 73(7): inserted, on , by section 5 of the Animal Welfare (Regulations for Management of Pigs) Amendment Act 2025 (2025 No 79).