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Animal Welfare Act 1999

Provisions relating to administration - Enforcement orders

145: Compliance with enforcement order

You could also call this:

"Following an animal welfare enforcement order means doing what it says and paying the costs to keep animals safe"

If an enforcement order is made against you and you are given the order, you must follow the order. You also have to pay the costs of following the order, unless the order says you do not have to. You have to pay for things like taking care of animals or fixing a place where animals are kept. If you do not follow the order, someone else can step in to make sure the order is followed with the consent of the District Court. They can enter your property, including your home, to take care of the animals and make sure the order is followed. They can do things like sell the animals to pay for the costs of following the order, and they can keep the money from the sale to cover their costs. If there is any money left over after they cover their costs, they have to try to give it back to you. If they cannot find you, they have to put the money into a Crown Bank Account, as stated in section 131.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51283.

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Environment and resources > Farming and fishing
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"The court can order you to follow animal welfare rules if you break them."

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Part 7Provisions relating to administration
Enforcement orders

145Compliance with enforcement order

  1. Where an enforcement order is made against a person, and that enforcement order is served on that person, that person must—

  2. comply with the order; and
    1. unless the order directs otherwise, pay all the costs and expenses of complying with the order.

      1. If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the District Court,—

      2. comply with the order on behalf of the person who fails to comply with the order and, for that purpose,—
        1. enter, without warrant but with a constable, a marae or dwellinghouse; and
          1. enter, without warrant or a constable, any other land or structure; and
          2. exercise, in relation to any animal found upon that land or structure, any of the powers that a person executing a search warrant under section 131 would have in relation to that animal; and
            1. after allowing for any money received under paragraph (a) or paragraph (b) from the sale of any animal, recover the costs and expenses of complying with the order and of selling or otherwise disposing of the animal as if those costs and expenses were a debt due from the person against whom the enforcement order was made.

              1. If the animal is sold under the powers given by subsection (2),—

              2. the person exercising those powers may retain the proceeds of the sale to the extent necessary to offset the costs and expenses to the person of complying with the order and of selling the animal; and
                1. any remaining balance of the sale proceeds must be returned to the owner of the animal, if the owner can be found; and
                  1. if the owner cannot be found, the remaining balance must be paid into a Crown Bank Account.

                    Notes
                    • Section 145(2)(a): substituted, on , by section 5 of the Animal Welfare Amendment Act 2001 (2001 No 52).
                    • Section 145(2)(a)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 145(2)(a)(ii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 145(2)(c): amended, on , by section 11(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).
                    • Section 145(3): added, on , by section 11(2) of the Animal Welfare Amendment Act 2002 (2002 No 53).
                    • Section 145(3)(c): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).