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Animal Welfare Act 1999

Miscellaneous provisions - Savings provisions

199: Certain regulations to continue in force

You could also call this:

"Some old animal welfare rules still apply, with a few changes."

When the Animals Protection Act 1960 was repealed by section 198, some regulations were affected. You need to know that the regulations listed in Schedule 7 still apply, but now they are like a code of welfare under Part 5. The Minister can change or cancel them under Part 5. Some other regulations and a circular are revoked, but they still apply in a different way. The regulations and circular that were revoked still have effect, but with some changes, like they were a code of welfare under Part 5. The changes include what the Slaughter Regulations say about slaughtering places and establishments, and what animals are covered by the regulations. The Animal Products Act 1999 is relevant to these changes. These changes apply even if other parts of the law say something different, like section 13 of the Animal Products (Ancillary and Transitional Provisions) Act 1999.

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Topics:
Environment and resources > Farming and fishingHealth and wellbeing > Public health
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198: Repeals, or

"Rules that are no longer valid, called repeals, are listed in Schedule 6."

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200: Certain bylaws to continue in force, or

"Some old animal welfare rules keep working for a while after the Animal Welfare Act 1999 started"

Part 9Miscellaneous provisions
Savings provisions

199Certain regulations to continue in force

  1. Despite the repeal of the Animals Protection Act 1960 by section 198, the regulations specified in Schedule 7, while ceasing to have effect as regulations, continue to have effect, with all necessary modifications, as if they were a code of welfare issued under Part 5, and may be amended or revoked by the Minister under Part 5.

  2. Subject to this section, the following regulations and circular are revoked:

  3. clauses 1(a) and 2, and the heading preceding clause 2, of Part 7 of Schedule 1 of the Fish Export Processing Regulations 1995 (SR 1995/54):
    1. regulation 80(1) of the Game Regulations 1975 (SR 1975/174):
      1. regulation 76 of the Meat Regulations 1969 (SR 1969/192):
        1. the Slaughter of Stock, Game, and Poultry Regulations 1969 (SR 1969/194):
          1. New Zealand Fishing Industry Agreed Implementation Standards 003.4 Live Eels and Rock Lobsters Circular 1995.

            1. Despite subsection (2), the regulations and circular specified in that subsection, while ceasing to have effect as such, continue to have effect subject to the modifications listed in subsection (4) as if they were minimum standards of a code of welfare (to be known as the Animal Welfare (Commercial Slaughter) Code of Welfare 2002) issued under Part 5, and may be amended or revoked by the Minister under Part 5.

            2. The modifications referred to in subsection (3) are as follows:

            3. references in the Slaughter of Stock, Game, and Poultry Regulations 1969 (the Slaughter Regulations) to slaughtering places and to establishments include references to—
              1. premises and places used for primary processing within the meaning of the Animal Products Act 1999; and
                1. permanent slaughterhouses operated by homekill or recreational catch service providers within the meaning of that Act:
                2. the requirements of the Slaughter Regulations, as well as applying to the animals specified in regulation 3(1) of those regulations, apply also to—
                  1. farmed deer (except to the extent that any other method has been approved by the Director-General as a safe and humane means of slaughter of deer); and
                    1. stock as defined in clause 3 of the Meat (Game and Stock) Order 1998:
                    2. regulation 9 of the Slaughter Regulations (which relates to poultry) is excluded from the deemed code, and regulation 8 of those regulations does not apply to poultry:
                      1. the circular specified in subsection (2)(e) applies only to primary processors of eels or rock lobsters who are required to operate under either a registered risk management programme or a regulated control scheme under the Animal Products Act 1999.

                        1. Subsections (2) to (4) apply according to their tenor despite anything in section 13 or any other provision of the Animal Products (Ancillary and Transitional Provisions) Act 1999.

                        Notes
                        • Section 199(2): added, on , by section 15(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).
                        • Section 199(3): added, on , by section 15(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).
                        • Section 199(4): added, on , by section 15(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).
                        • Section 199(5): added, on , by section 15(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).