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Animal Welfare Act 1999

Provisions relating to administration - Approved organisations, inspectors, and auxiliary officers

122: Criteria

You could also call this:

"What the Minister checks before approving an animal welfare organisation"

The Minister must check some things before approving an organisation to help with animal welfare. You need to know the organisation must care about animals and be managed well. The organisation's jobs and powers must not conflict with being an approved organisation.

The Minister checks the organisation's contracts with inspectors and auxiliary officers. You must have technical expertise and experience to be an inspector or auxiliary officer. Inspectors and auxiliary officers must answer to the organisation, except as stated in section 126.

The Minister can set conditions for approval, like performance standards for inspectors and auxiliary officers. The Minister can approve an organisation for specific animals or all animals. The Minister does not have to approve an organisation, even if it meets the criteria.

The Minister can set other conditions for approval, like how the organisation performs its jobs and powers. These conditions are decided by the Minister, as stated in section 121.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51252.

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Part 7Provisions relating to administration
Approved organisations, inspectors, and auxiliary officers

122Criteria

  1. The Minister must, before declaring an organisation to be an approved organisation for the purposes of this Act, be satisfied, by the production to the Minister of suitable evidence, that—

  2. one of the purposes or roles of the organisation concerns the welfare of animals or a particular species of animal; and
    1. the accountability arrangements, financial arrangements, and management of the organisation are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and
      1. the functions and powers of the organisation are not such that the organisation could face a conflict of interest if it were to have both those functions and powers and the functions and powers of an approved organisation; and
        1. the employment contracts or arrangements between the organisation and the organisation's inspectors and auxiliary officers are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and
          1. the persons who may be recommended for appointment as inspectors or auxiliary officers—
            1. will have the relevant technical expertise and experience to be able to exercise competently the powers, duties, and functions conferred or imposed on inspectors and auxiliary officers under this Act; and
              1. subject to section 126, will be properly answerable to the organisation.

              2. The Minister may, in making a declaration under section 121, impose, as conditions of the Minister's approval, conditions relating to the establishment by the organisation of performance standards and technical standards for inspectors and auxiliary officers.

              3. The Minister may, in making a declaration under section 121, specify that the approval is given in respect of—

              4. only the species specified in the declaration; or
                1. all animals.

                  1. Nothing in this section obliges the Minister to make a declaration under section 121.

                  2. The Minister may, in making a declaration under section 121, impose, as conditions of the Minister's approval, any other conditions or requirements that relate to the organisation’s performance of its functions and powers that he or she considers necessary or desirable.

                  Notes
                  • Section 122(1)(a): replaced, on , by section 43(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                  • Section 122(3): inserted, on , by section 43(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                  • Section 122(4): inserted, on , by section 43(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                  • Section 122(5): inserted, on , by section 43(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).