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Animal Welfare Act 1999

Offences - Further provisions relating to offences

168: Inspector may conduct proceedings

You could also call this:

"Inspectors can start and take part in court cases about animal welfare."

Illustration for Animal Welfare Act 1999

If you are an inspector, you can start a court case. You can do this by filing a charging document in your name or by filing a notice under section 21 of the Summary Proceedings Act 1957. If a court case has started, an inspector can appear in court and conduct the case against the person accused, even if they were not the one who started the case. This is allowed, even though section 10 of the Criminal Procedure Act 2011 says something different.

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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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Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyAnimal welfare > Animal protection
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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"

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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).