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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 an animal welfare decision in the District Court"

You can appeal to the District Court if you get a compliance notice under section 156A or if your application under section 156E(2) does not succeed. You can ask the court to stop the compliance notice while you wait for the court's decision on your appeal. The court will think about your application as soon as they can.

The court will consider many things when they think about your application, including what you and the Director-General have to say. They will also think about how stopping the compliance notice might affect animal welfare and whether it is unreasonable for you to follow the notice while you wait for the court's decision. The court can stop the compliance notice or not, and they can add conditions if they want to.

The court's decision to stop the compliance notice only starts once they tell the Director-General. The stop will stay in place until the District Court says it can be lifted. The rules from the District Court Act 2016 are used when you make an appeal or ask for a stop. The District Court can agree with the compliance notice, change it, or cancel it.

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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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156E: Change or cancellation, or

"Changing or cancelling an animal welfare notice"

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

"You can appeal to a higher court if you think a decision about animal welfare is wrong."

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).