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Animal Welfare Act 1999

Codes of welfare

75: Issue of code

You could also call this:

"How the Minister decides to create a set of animal welfare rules"

Illustration for Animal Welfare Act 1999

The Minister can decide to issue a code of welfare after getting a recommendation from the National Animal Welfare Advisory Committee. You can read about how they make this recommendation in section 74 and what they consider in section 73. The Minister can choose to issue the code, send it back for changes, or not issue it. The Minister might send the code back to the Committee to rethink some parts. If they do, the Committee must make a new report with their ideas and reasons, and give a copy to the person who wrote the draft code. If the Minister decides not to issue the code, they must tell the Committee and the person who wrote it why they made this decision. A code of welfare is like a set of rules, and it is considered secondary legislation, which you can learn more about in Part 3 of the Legislation Act 2019. Some rules in a code of welfare must follow certain regulations, like regulations 25 to 27 of the Animal Welfare (Care and Procedures) Regulations 2018, to make sure animals are treated well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM50491.

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Topics:
Environment and resources > Animal welfareGovernment and voting > Government departments
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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."

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"The Minister can change or cancel animal welfare rules to keep animals safe."

Part 5Codes of welfare

75Issue of code

  1. The Minister may, after considering the recommendation made to the Minister by the National Animal Welfare Advisory Committee under section 74 and after having had regard to the matters specified in section 73, decide—

  2. to issue the code of welfare after making such changes (if any) to the draft code as the Minister considers appropriate; or
    1. to refer the code of welfare back to the National Animal Welfare Advisory Committee with a request that the Committee reconsider 1 or more of the aspects of the code of welfare; or
      1. to decline to issue the code of welfare.

        1. Where the Minister refers the code of welfare back to the National Animal Welfare Advisory Committee under subsection (1)(b), the Committee must, after reconsidering the aspects referred to by the Minister in the Minister's request,—

        2. make a further report to the Minister setting out its recommendations with regard to those aspects of the code and its reasons for its recommendations; and
          1. supply to the person who prepared the draft code a copy of the report made under paragraph (a).

            1. Subsection (1) applies, with all necessary modifications, to the recommendations received by the Minister under subsection (2).

            2. Where the Minister decides, under subsection (1)(c) to decline to issue the code of welfare, the Minister must give to the National Animal Welfare Advisory Committee and to the person who prepared the code of welfare, the Minister's reasons for declining to issue the code of welfare.

            3. Standards and recommendations in a code of welfare issued under this section must be treated as complying with the purposes of this Act if the Minister 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.

            4. Recommendations in a report under subsection (2)(a) must be treated as complying with the purposes of this Act 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.

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

            Notes
            • Section 75(1)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 75(4A): inserted, on , by section 6 of the Animal Welfare (Regulations for Management of Pigs) Amendment Act 2025 (2025 No 79).
            • Section 75(4B): inserted, on , by section 6 of the Animal Welfare (Regulations for Management of Pigs) Amendment Act 2025 (2025 No 79).
            • Section 75(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).