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Animal Welfare Act 1999

Provisions relating to administration - Compliance notices

156F: Appeal to District Court

You could also call this:

"Challenging a Decision in the District Court About Animal Welfare"

Illustration for Animal Welfare Act 1999

You can appeal to the District Court if you get a compliance notice under section 156A or if your application under section 156E(2) is not successful. The appeal does not stop you from having to follow the compliance notice straight away. You can ask the court to stop the compliance notice until they make a decision on your appeal. You can ask the court to hear from you and the Director-General when deciding on your appeal. The court thinks about how stopping the compliance notice might affect animal welfare. They also think about whether it is unreasonable for you to follow the compliance notice while you wait for their decision. The court can stop the compliance notice or not, and they can add conditions. The stop order starts when a copy is given to the Director-General. It stays in place until the District Court says it can be lifted. The District Court follows the rules in the District Court Act 2016 when dealing with appeals and stop orders. The court can confirm, change, or cancel the compliance notice you are appealing against.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6476160.

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Topics:
Crime and justice > Courts and legal helpEnvironment and resources > ConservationAnimal welfare > Animal welfare
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156E: Change or cancellation, or

"Asking to change or cancel an animal welfare notice"

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156G: Appeal to High Court, Court of Appeal, or Supreme Court, or

"Challenging a decision in a higher court"

Part 7Provisions relating to administration
Compliance notices

156FAppeal to District Court

  1. The following persons may appeal to the District Court:

  2. the person to whom a compliance notice was issued under section 156A:
    1. a person whose application under section 156E(2) did not succeed.

      1. The appeal does not operate as a stay of the compliance notice.

      2. The person may apply to the court for a stay of the compliance notice pending the court's decision on the appeal.

      3. The court must consider the application for a stay as soon as practicable after the application for it is lodged.

      4. The court must consider—

      5. whether to hear—
        1. the person:
          1. the Director-General; and
          2. the likely effect on animal welfare of granting a stay; and
            1. whether it is unreasonable for the person to comply with the compliance notice pending the decision on the appeal; and
              1. any other matters that the court thinks fit.

                1. The court may grant or refuse a stay and may impose any terms or conditions that the court thinks fit.

                2. The stay has legal effect once a copy of it is served on the Director-General.

                3. The stay remains in force until the District Court orders it lifted.

                4. The rules of procedure under the District Court Act 2016 apply to the making of an appeal and an application for a stay.

                5. The District Court may confirm, change, or cancel the compliance notice appealed against.

                Compare
                Notes
                • Section 156F: inserted, on , by section 55 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).
                • Section 156F(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 156F(9): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).