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Animal Welfare Act 1999

Savings provisions

Schedule 4: Transitional, savings, and related provisions

You could also call this:

"Rules to help when animal welfare laws change"

The Animal Welfare Act 1999 has some special rules that apply when changes are made to the law. You need to understand what these changes mean. The law talks about things like codes of welfare, which are rules to help keep animals safe. These codes can be changed or updated over time.

When new laws are introduced, like the Animal Welfare Amendment Act 2015, some things might not change right away. For example, if a project to study animals was already approved, it can keep going even if the new law says something different. You can read more about this in section 71 and section 6 of the Animal Welfare Amendment Act 2015.

There are also rules about exporting animals, like cattle and sheep, by ship. If someone applied for a certificate to export these animals before 30 April 2023, the application might be treated as withdrawn or refused if it's not decided by then. You can read more about this in section 40(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM52506.

Topics:
Environment and resources > Farming and fishingHealth and wellbeing > Public health
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Schedule 3: Agencies authorised to use animals in protecting human health or safety or enforcing the law, or

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Schedule 5: Enactments amended, or

"Laws changed by the Animal Welfare Act 1999 to help animals"

4Transitional, savings, and related provisions Empowered by s 8A

1Provisions relating to Animal Welfare Amendment Act (No 2) 2015

1Interpretation

  1. In this Part, amendment Act means the Animal Welfare Amendment Act (No 2) 2015.

Notes
  • Schedule 4 clause 1: amended, on , by section 12(3) of the Animal Welfare Amendment Act 2022 (2022 No 53).

2Codes of welfare

  1. Every code of welfare in force at the commencement of this schedule continues in force and, after that commencement, may be amended, reviewed, revoked, or replaced under this Act.

  2. If the National Animal Welfare Advisory Committee has publicly notified a draft code of welfare under section 71 before the commencement of this schedule and the code has not been issued before that commencement, the Committee need not include in the draft any recommendation for the making of regulations under this Act.

3Certain research, testing, and teaching projects

  1. Subclause (2) applies to research, testing, and teaching projects approved by an animal ethics committee before the commencement of this schedule that relate to—

  2. the killing of animals for the purpose of carrying out research, testing, and teaching on their bodies or tissues; or
    1. the breeding of animals with characteristics making them susceptible to increased pain and suffering during their life.

      1. Approvals of projects to which this subclause applies that are in force on the commencement of this schedule continue in force according to their terms and do not require re-approval because of the operation of any provisions of the amendment Act (such as section 6 of that Act).

      2. Any projects being carried out lawfully without the approval of an animal ethics committee before the commencement of this schedule do not require approval because of the operation of any provisions of the amendment Act.

      4Power of inspector to issue infringement notice for breach of compliance notice

      1. This clause applies to persons who, immediately before the commencement of section 56 of the Animal Welfare Amendment Act (No 2) 2015, hold an appointment under this Act as an inspector.

      2. The terms of appointment of inspectors to whom this clause applies may be amended to specifically authorise them to issue any person with an infringement notice under this Act for breach of a compliance notice.

      3. An inspector to whom this clause applies may not issue an infringement notice for breach of a compliance notice unless the terms of his or her appointment have been amended to authorise him or her to issue such infringement notices.

      2Provisions relating to Animal Welfare Amendment Act 2022

      5Animal welfare export certificates issued before 30 April 2023

      1. This clause applies to an animal welfare export certificate that—

      2. authorises the export of cattle, deer, goats, or sheep by ship; and
        1. is issued before 30 April 2023.

          1. The animal welfare export certificate is revoked on 30 April 2023 to the extent that it—

          2. authorises the export of cattle, deer, goats, or sheep by ship; and
            1. relates to an export by a ship that starts its voyage from a New Zealand port on or after 30 April 2023.

              Notes
              • Schedule 4 clause 5: inserted, on , by section 12(4)(a) of the Animal Welfare Amendment Act 2022 (2022 No 53).

              6Applications for animal welfare export certificates made before 30 April 2023

              1. This clause applies to an application for an animal welfare export certificate that—

              2. relates to the export of cattle, deer, goats, or sheep by ship; and
                1. is made before 30 April 2023.

                  1. If the Director-General does not decide whether to grant or refuse the application before 30 April 2023, the application must be treated as withdrawn to the extent that it relates to the export of cattle, deer, goats, or sheep by ship.

                  2. If the Director-General grants the application but does not issue or refuse to issue the animal welfare export certificate before 30 April 2023, the Director-General must be treated as refusing to issue the certificate to the extent that it relates to the export of cattle, deer, goats, or sheep by ship.

                  Notes
                  • Schedule 4 clause 6: inserted, on , by section 12(4)(a) of the Animal Welfare Amendment Act 2022 (2022 No 53).

                  7Other instruments published or issued before 30 April 2023

                  1. This clause applies to any instrument referred to in section 40(2) that—

                  2. applies to the export of cattle, deer, goats, or sheep by ship; and
                    1. is published or issued before 30 April 2023.

                      1. The instrument ceases to have effect for the purpose of section 40(2) (that is, as an exception to the offence created by section 40(1)) to the extent that the instrument—

                      2. applies to the export of cattle, deer, goats, or sheep by ship; and
                        1. relates to an export by a ship that starts its voyage from a New Zealand port on or after 30 April 2023.

                          Notes
                          • Schedule 4 clause 7: inserted, on , by section 12(4)(a) of the Animal Welfare Amendment Act 2022 (2022 No 53).