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Animal Welfare Act 1999

Offences - Further provisions relating to offences

172: Power of court to order that certain animals be forfeited to the Crown or approved organisation

You could also call this:

"Courts can take away animals from people who hurt them to keep them safe"

Illustration for Animal Welfare Act 1999

If you are found guilty of hurting an animal, the court can take your animal away from you. The court can give the animal to the Crown or an organisation that looks after animals. This can happen if the court thinks it is best for the animal.

If you own other animals, the court can also take those away from you. The court can do this if it thinks it is necessary to protect the animals. You can also lose any money made from selling the animal, as stated in section 136A.

If a court decides you are not fit to stand trial for hurting an animal, the court can still take your animal away. The court can make the same decisions as if you had been found guilty. If your animal is taken away, it can be sold or given to someone else to look after.

If you are found unfit to stand trial, the money from selling the animal will be held by the Ministry or an organisation. They will use some of the money to pay for the costs of selling the animal and looking after it. Then they will give the rest of the money to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51926.

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Environment and resources > Farming and fishingHealth and wellbeing > Public health
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Part 8Offences
Further provisions relating to offences

172Power of court to order that certain animals be forfeited to the Crown or approved organisation

  1. The court convicting a person (the offender) of an offence against this Act in respect of an animal or animals may (in addition to or in substitution for any other penalty),—

  2. if it thinks it desirable for the protection of the animal or animals in question, order that any or all of the following animals be forfeited to the Crown or to an approved organisation:
    1. the animal or animals to which the charge relates and of which the offender is the owner:
      1. any other animals at the date of conviction owned by the offender:
      2. if it thinks it desirable, order that any proceeds of sale of the animal retained under section 136A be forfeited to the Crown.

        1. Repealed

        2. If a court finds that a person is unfit to stand trial for an offence against this Act in respect of an animal or animals, the court may make any order provided for in subsection (1) as if it had convicted the person of the offence.

        3. If an animal is forfeited to the Crown or an approved organisation under this section,—

        4. in the case of a person found unfit to stand trial, the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved organisation in caring for the animal or animals or providing veterinary treatment to that animal or those animals), and the Ministry or approved organisation, as the case may be, must pay the proceeds of sale to the owner as soon as practicable:
          1. in any other case, the animal may be sold or otherwise disposed of as the Minister or the approved organisation, as the case may be, thinks fit.

            Notes
            • Section 172 heading: amended, on , by section 9(1) of the Animal Welfare Amendment Act 2010 (2010 No 93).
            • Section 172(1): replaced, on , by section 198 of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 172(1A): repealed, on , by section 198 of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 172(2): replaced, on , by section 63 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
            • Section 172(3): inserted, on , by section 63 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).