183ARegulations relating to standards of care

1. The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for all or any of the following purposes:

2. prescribing standards or requirements for the purposes of giving effect to Parts 1 and 2 (other than sections 30A to 30E), including—
   1. animal welfare standards or requirements relating to the care of animals by owners or persons in charge of animals:
   2. animal welfare standards or requirements relating to the conduct of those persons towards animals owned by them or in their charge:
   3. the prohibition of specified things or activities:
3. establishing any minimum standard that could be established under Part 5, or amending, revoking, or replacing any minimum standard or any part of a minimum standard established under Part 5.

4. Without limiting the generality of subsection (1), regulations made under this section may prescribe standards or requirements that do not fully meet—

5. the obligations of section 10 or 11; or
6. the obligations that a person would need to observe in the treatment, transport, or killing of animals if that person were to avoid committing an offence against section 12(c), 21(b), 22(2), 23(1), 23(2), or 29(a).

7. The Minister must not recommend the making of regulations in reliance on subsection (2) unless he or she is satisfied that either or both of the following apply:

8. any adverse effects of a change from current practices to new practices have been considered and there are no feasible or practical alternatives currently available:
9. not to do so would result in an unreasonable impact on a particular industry sector within New Zealand, a sector of the public, or New Zealand’s wider economy.

10. In deciding whether any impact is unreasonable under subsection (3)(b), the Minister must have regard to the welfare of any affected animals.

11. Any regulations made in reliance on subsection (2) in accordance with the considerations in subsection (3) must provide for the regulations to be in force for a period of time specified in the regulations (the specified period) that—

12. is reasonably necessary to enable a transition from current practice to a practice that fully meets the obligations specified in subsection (2)(a) and (b); and
13. does not exceed 10 years (which period may, however, be extended once under subsection (6)).

14. The specified period may be extended once only by up to 5 years by regulations made under this subsection on the recommendation of the Minister if he or she is satisfied that the majority of participants in the sector concerned—

15. have made significant progress towards implementing compliant practice; and
16. cannot reasonably be expected to become compliant before the close of the specified period, taking into account the steps that still need to be completed for implementation of compliant practice; and
17. will become compliant within the extended period.

18. Despite subsections (3) to (6), if the Minister considers that requiring a practice to fully meet the obligations specified in subsection (2)(a) and (b) would impose an unjustifiable limitation on the requirements of a religious or cultural practice, the Minister may recommend the making of regulations in reliance on subsection (2) for an indefinite period subject to review at 10-yearly intervals or shorter intervals specified in the regulations.

19. In reaching a decision not to recommend the making of regulations in reliance on subsection (2), the Minister may consider any factors that the Minister thinks would make such regulations contrary to New Zealand's overall interests (including, without limitation, health, social, economic, international, or environmental interests).

20. Nothing in this section obliges the Minister to recommend the making of regulations in reliance on subsection (2).

21. The Minister must consult the National Animal Welfare Advisory Committee before recommending the making of any regulations under this section (other than regulations already proposed by the Committee), but nothing in sections 71 to 75 applies in relation to the making of regulations under subsection (1)(b).

22. If a person does or omits to do anything in reliance on regulations made under subsection (2) that would otherwise be a contravention of, or failure to comply with, any provision of Part 1 or 2, the person has a defence to a prosecution for an offence under this Act in respect of the act or omission if the court is satisfied that the act or omission was authorised by the regulations.

23. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).