Animal Welfare Act 1999

Miscellaneous provisions - Consultation

184: Consultation

You could also call this:

"The Minister must talk to people before making new animal welfare laws to hear their thoughts and ideas."

When the Minister wants to make a new Order in Council or regulation, they must talk to people who will be affected by it. The Minister needs to consider what people think before deciding whether to recommend making a new Order in Council or regulation under sections like section 2(1), section 32(1) or (6), section 200(4), or section 202(5). The Minister also needs to talk to people before making regulations under sections like section 183(1)(b), (d), or (e), section 183A, section 183B, or section 183C.

The Minister does not have to talk to people if they think it is urgent or if the National Animal Welfare Advisory Committee has already talked to people about the issue under section 71(1) and the Minister has not yet issued a draft code of welfare, as mentioned in section 74(2)(d). If the Minister does not talk to people, it does not affect whether the Order in Council or regulation is valid. You should know that the Minister's decision is important for making new laws about animal welfare.

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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).