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Animal Welfare Act 1999

Offences - Further provisions relating to offences

168: Inspector may conduct proceedings

You could also call this:

"An inspector can start and run a court case about animal welfare against you."

If you are involved in a court case about animal welfare, an inspector can start the proceedings. This can happen in two ways: by filing a charging document in the inspector's name, or by filing a notice under section 21 of the Summary Proceedings Act 1957. An inspector, who may not be the same one who started the case, can appear in court and conduct the proceedings against you, even if section 10 of the Criminal Procedure Act 2011 says otherwise. This means an inspector will be in charge of presenting the case against you in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51919.

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167: Time for filing charging document for offence against section 54 or 130, or

"Time limit to charge someone for hurting animals under sections 54 or 130"

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168A: Burden of proof of reasonable excuse, or

"You must prove you had a good reason for what you did if charged with an animal welfare offence."

Part 8Offences
Further provisions relating to offences

168Inspector may conduct proceedings

  1. Subsection (2) applies if proceedings have been commenced by—

  2. the filing of a charging document in the name of an inspector; or
    1. the filing of a notice under section 21 of the Summary Proceedings Act 1957.

      1. Despite section 10 of the Criminal Procedure Act 2011, an inspector (not necessarily the inspector who commenced the proceedings) may appear and conduct the proceedings against the defendant.

      Notes
      • Section 168: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).