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Animal Welfare Act 1999

Provisions relating to administration - Powers in relation to injured or sick animals

138: Destruction of injured or sick animals (other than marine mammals)

You could also call this:

"Putting down severely injured or sick animals to end their suffering"

Illustration for Animal Welfare Act 1999

If you find a severely injured or sick animal, an inspector, auxiliary officer, or veterinarian will check it. They will decide if the animal should be destroyed to stop it suffering. They must talk to the owner first if they can find them. If the owner cannot be found, or does not agree to destroy the animal, the inspector or veterinarian will destroy it. If the owner gets a second opinion and the veterinarian agrees the animal should be destroyed, it will be destroyed. The person who destroys the animal can dispose of its body as they think fit. You can read more about changes to this law in the Animal Welfare Amendment Act (No 2) 2015. The law says what happens to severely injured or sick animals. It helps keep animals from suffering.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51273.

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Topics:
Animal welfare > Animal protectionAnimal welfare > Animal healthEnvironment and resources > Animal controlEnvironment and resources > Wildlife conservationHealth and wellbeing > Animal healthHealth and wellbeing > Public health
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"The police can take your vehicle, aircraft, ship, or animal if you hurt an animal."

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139: Destruction of impounded animals that are diseased, injured, or sick, or

"Putting down sick or injured animals that are impounded and can't be helped"

Part 7Provisions relating to administration
Powers in relation to injured or sick animals

138Destruction of injured or sick animals (other than marine mammals)

  1. If an inspector, auxiliary officer, or a veterinarian finds a severely injured or sick animal (other than a marine mammal), and in his or her opinion, the animal should be destroyed because reasonable treatment will not be sufficient to make the animal respond and the animal will suffer unreasonable or unnecessary pain or distress if it continues to live, he or she must, as soon as possible,—

  2. consult with the owner of that animal, if that owner can be found within a reasonable time; and
    1. if the owner asks for a second opinion from a veterinarian as to whether that animal should be destroyed, allow the owner to obtain that second opinion.

      1. If—

      2. the owner of a severely injured or sick animal cannot be found within a reasonable time; or
        1. the owner of a severely injured or sick animal—
          1. does not, on being found, agree to the destruction of the animal; and
            1. does not obtain within a reasonable time a second opinion from a veterinarian as to whether the animal should be destroyed,—
              2. the inspector, or auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed.

            2. If the owner of a severely injured or sick animal is found and consulted under subsection (1), and agrees that the animal should be destroyed,—

            3. the inspector, auxiliary officer, or veterinarian, as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or
              1. the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.

                1. If the owner obtains a second opinion under subsection (1)(b), and the veterinarian giving that opinion agrees that the animal should be destroyed,—

                2. the inspector, auxiliary officer, or veterinarian as the case may be, must, without delay, destroy that animal or cause it to be destroyed; or
                  1. the owner of that animal must, without delay, destroy that animal or cause it to be destroyed.

                    1. Where, under this section, an inspector, auxiliary officer, or veterinarian destroys an animal or causes it to be destroyed, he or she may dispose of the carcass in such manner as he or she thinks fit.

                    Notes
                    • Section 138(4): amended, on , by section 53 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).