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Animal Welfare Act 1999

Codes of welfare

75: Issue of code

You could also call this:

"The Minister decides whether to approve a new animal welfare code or send it back for changes."

The Minister can decide what to do with a code of welfare after getting a recommendation from the National Animal Welfare Advisory Committee, which they got under section 74, and thinking about the things mentioned in section 73. You might wonder what the Minister can do - they can choose to issue the code, send it back to the Committee to rethink some parts, or not issue it at all.

If the Minister sends the code back to the Committee, the Committee must rethink the parts the Minister asked about, make a report with their new recommendations and reasons, and give a copy of the report to the person who wrote the draft code.

The Minister must give their reasons for not issuing the code if they decide not to issue it. A code of welfare is a type of secondary legislation, which has its own publication requirements - you can find out more about this 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=DLM50491.

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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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76: Amendment or revocation of code of welfare, or

"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. 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(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).