Animal Welfare Act 1999

Provisions relating to administration - Enforcement orders

148: Temporary enforcement order

You could also call this:

"Helping animals in danger with a temporary protection order"

If you think an animal is in danger, you can ask the District Court for a special order to help keep it safe. The court can make this order without telling the person who is looking after the animal first, if it thinks the animal might get hurt if it waits. This order is temporary and only lasts for a few months.

You can make this order last longer, but you have to go back to court and ask. If someone gets one of these temporary orders made against them, they can ask the court to listen to their side of the story. They can also ask the court to cancel the order if they think it is not fair.

The temporary order automatically becomes a final order after three months, unless the court says otherwise. This means the rules in the order have to be followed for a longer time. You can find out more about what happens next by looking at the rules about enforcement orders.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51289.


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147: Right to be heard, or

"You get to tell the court your side of the story before they make a decision."


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149: Coming into force of enforcement order, or

"When an enforcement order starts to apply"

Part 7Provisions relating to administration
Enforcement orders

148Temporary enforcement order

  1. An enforcement order may be made on an application without notice if the District Court is satisfied that the delay that would be caused by proceeding on notice would or might entail a risk of harm to any animal.

  2. An enforcement order made on an application without notice is a temporary order that, unless it is sooner discharged, becomes final by operation of law 3 months after the date on which it is made.

  3. Where an enforcement order is made on an application without notice, the respondent may,—

  4. notify the court that he or she wishes to be heard on whether a final order should be substituted for the temporary order; or
    1. apply for the enforcement order to be discharged.