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Animal Welfare Act 1999

Miscellaneous provisions - Savings provisions

200: Certain bylaws to continue in force

You could also call this:

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

When the Animal Welfare Act 1999 started, some bylaws did not stop. These bylaws were made under section 684(1)(37) of the Local Government Act 1974. They kept working for 6 years after the Act started.

You can find more information about the Local Government Act 1974 on the New Zealand legislation website. The local authority that made the bylaw can stop it, or it can be stopped by an Order in Council made under section 32(1). If a bylaw is inconsistent with an Order in Council made under section 32(1), the Order in Council is more important.

The Governor-General can extend the 6-year period. To decide whether to extend it, the Minister must consult with people and think about the welfare of animals and the interests of people who use animals. The Minister must also think about any other relevant factors, and you can learn more about this process in section 184.

If the Governor-General extends the period, it is secondary legislation, which you can read more about in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51974.

Topics:
Environment and resources > Farming and fishing
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Part 9Miscellaneous provisions
Savings provisions

200Certain bylaws to continue in force

  1. Despite the repeal of section 684(1)(37) of the Local Government Act 1974 by section 198, bylaws made under that section and in force immediately before the commencement of this Act, unless sooner revoked, continue in force, and have effect, for the period of 6 years (or such longer period as may be specified by the Governor-General by Order in Council under subsection (4)) beginning with the date of the commencement of this Act as if this Act had not been passed.

  2. Bylaws continued in force by subsection (1) may be revoked by the local authority by which they were made or by an Order in Council made under section 32(1).

  3. So far as any bylaws continued in force by subsection (1) are inconsistent with or repugnant to any Order in Council made under section 32(1), the bylaws are subject to the Order in Council.

  4. The Governor-General may, by Order in Council made on the recommendation of the Minister, extend the period of 6 years specified in subsection (1).

  5. In deciding whether to recommend the making of an order under subsection (4), the Minister must—

  6. consult in accordance with section 184; and
    1. have regard to—
      1. the welfare of any affected animals; and
        1. the interests of persons involved in the commercial use of any affected animals; and
          1. any other relevant factor.

          2. An order under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 200(1): amended, on , by section 16(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).
          • Section 200(4): added, on , by section 16(2) of the Animal Welfare Amendment Act 2002 (2002 No 53).
          • Section 200(5): added, on , by section 16(2) of the Animal Welfare Amendment Act 2002 (2002 No 53).
          • Section 200(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).