Animal Welfare Act 1999

Codes of welfare

73: Matters to be considered

You could also call this:

"Things to think about when making animal welfare rules"

When the National Animal Welfare Advisory Committee is thinking about a new code of welfare, you need to know they have to consider some things. They must be satisfied that the proposed standards are the minimum necessary to ensure the purposes of the Animal Welfare Act will be met. They also have to be satisfied that the recommendations for best practice are appropriate.

The Committee has to think about the submissions made under section 71 and the consultations they undertook. They also have to consider good practice and scientific knowledge in relation to the management of the animals, available technology, and any other matters they think are relevant.

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) to prescribe standards or requirements that do not fully meet specified obligations, but first they must consider the relevant provisions of section 183A.

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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.

              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).