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Animal Welfare Act 1999

Provisions relating to administration - Search warrants

133: Powers conferred by search warrant

You could also call this:

"What inspectors can do to help animals with a search warrant"

If you are an inspector with a search warrant, you can take an animal and move it to another place. You can do this if you think the animal's needs are not being met or it is suffering for any other reason. You can take steps to help the animal, including destroying it if necessary.

If you think an animal needs to be destroyed, you must follow the process in section 138 before doing so. This means you have to do certain things before you can destroy the animal. You have to make sure you are following the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51266.

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Part 7Provisions relating to administration
Search warrants

133Powers conferred by search warrant

  1. Repealed

  2. If an inspector executes a search warrant and seizes an animal under that search warrant, the inspector may maintain possession of that animal, and convey that animal to another place.

  3. Repealed

  4. Where an inspector executes a search warrant and the inspector is satisfied an animal is suffering unreasonable or unnecessary pain or distress because—

  5. the physical, health, and behavioural needs of the animal are not being met; or
    1. for any other reason,—
        1. the inspector may take any steps that the inspector considers are necessary or desirable to prevent or mitigate the suffering of the animal (including, if necessary, destroying or arranging for the destruction of the animal).

      1. If an inspector proposes to destroy, or require the destruction of, an animal under subsection (4), the inspector must ensure that the process in section 138 is followed before the animal is destroyed (as if that section applied).

      2. Repealed
      Notes
      • Section 133(1): repealed, on , by section 195(5) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 133(3): repealed, on , by section 195(5) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 133(4): amended, on , by section 195(6) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 133(4A): inserted, on , by section 50 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
      • Section 133(5): repealed, on , by section 195(5) of the Search and Surveillance Act 2012 (2012 No 24).