Part 2Conduct towards animals
Ill-treating, hunting, or killing wild animals or animals in wild state
30AWilful or reckless ill-treatment of wild animals or animals in wild state
A person commits an offence if the person wilfully ill-treats a wild animal or an animal in a wild state.
A person commits an offence if the person recklessly ill-treats a wild animal or an animal in a wild state.
A defendant has a defence to a prosecution for an offence against subsection (1) or (2) if the defendant satisfies the court that the conduct alleged to constitute an offence is or is part of a generally accepted practice in New Zealand for the hunting or killing of wild animals of that type or animals in a wild state of that type.
In determining whether wilful or reckless ill-treatment of an animal has occurred, a court may treat an act or omission as lawful (and not subject to subsection (1) or (2)) if satisfied that—
- the act or omission was done in the course of performing functions for the purposes of another Act; and
- not to treat the act or omission as lawful would be contrary to the purpose and principles of that Act.
Nothing in subsection (1) or (2) applies to—
- a wild animal in captivity (other than in captivity in a safari park); or
- the accidental or inadvertent killing or harming of an animal; or
- any act or omission necessary to protect a person's life or safety.
Nothing in subsection (1) or (2) affects section 179 or 181.
A person who commits an offence against subsection (1) is liable on conviction,—
- in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:
- in the case of a body corporate, to a fine not exceeding $500,000.
A person who commits an offence against subsection (2) is liable on conviction,—
- in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000, or to both:
- in the case of a body corporate, to a fine not exceeding $350,000.
Notes
- Section 30A: inserted, on , by section 20 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).