Animal Welfare Act 1999

Miscellaneous provisions - Consultation

184: Consultation

You could also call this:

"The Minister must talk to people before making new rules about animal welfare."

Illustration for Animal Welfare Act 1999

When the Minister wants to make a new Order in Council or regulation, you need to know they must talk to people who will be affected by it. The Minister must consider what people think before making a decision about an Order in Council or regulation under certain sections of the Animal Welfare Act, such as section 2(1) or section 32(1) or (6). The Minister has to do this to the extent that is reasonably practicable. If the Minister thinks it is urgent or in the public interest, they do not have to consult with people. In some cases, the Minister does not have to consult if a committee has already talked to people about the issue, such as under section 71(1). If the Minister does not consult with people, it does not affect the validity of any Order in Council or regulation made. The Minister's decision is still valid even if they do not follow the consultation process. You should be aware that the Minister has a lot of responsibility in making decisions about animal welfare. The Minister's role is important in ensuring the welfare of animals in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51946.

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183C: Regulations relating to exporting animals, or

"Rules for taking animals out of New Zealand"


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184A: Certain secondary legislation or published instruments may be consolidated, or

"Important animal welfare rules can be combined or updated by the Minister or Director-General."

Part 9Miscellaneous provisions
Consultation

184Consultation

  1. The Minister must consult, to the extent that is reasonably practicable, having regard to the circumstances of the particular case, the persons the Minister has reason to believe are representative of interests likely to be substantially affected by a proposed Order in Council or proposed regulations before deciding whether to recommend—

  2. the making of an Order in Council under—
    1. section 2(1) (in relation to the definitions of animal, device, or trap); or
          1. section 32(1) or (6); or
            1. section 200(4); or
              1. section 202(5); or
              2. the making of regulations under—
                1. section 183(1)(b), (d), or (e); or
                  1. section 183A; or
                    1. section 183B; or
                      1. section 183C.
                      2. Subsection (1) does not apply in respect of an Order in Council or regulations if—

                      3. the Minister considers it desirable in the public interest that the Order in Council or regulations be made urgently; or
                        1. in the case of regulations recommended by the National Animal Welfare Advisory Committee under section 74(2)(d),—
                          1. the Committee has consulted on the subject matter of the proposed regulations under section 71(1); and
                            1. the Minister has not yet issued the relevant draft code of welfare.
                            2. A failure to comply with subsection (1) does not affect the validity of any Order in Council or regulations made under this Act.

                            Notes
                            • Section 184(1): replaced, on , by section 68(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                            • Section 184(1)(a)(ii): repealed, on , by section 68(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                            • Section 184(1)(a)(iii): repealed, on , by section 68(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                            • Section 184(2): replaced, on , by section 68(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).