183BRegulations relating to surgical and painful procedures

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. prohibiting specified surgical procedures or painful procedures from being performed on animals:
3. prescribing requirements in relation to the performance of specified surgical or painful procedures on animals, including (without limitation) regulations that prescribe—
   1. the classes of persons who may carry out a specified procedure:
   2. any skills, qualifications, approval, or experience that must be held by a person before he or she is authorised to carry out specified procedures:
   3. the types of pain relief or medication to be used for specified procedures:
   4. the forms of restraint and equipment to be used for specified procedures:
   5. the procedures that may be performed only if in the best interests of the animal:
   6. any other standards or restrictions necessary to ensure the welfare of animals during the procedures:
4. declaring that any specified surgical procedure is not a significant surgical procedure for the purposes of this Act.

5. Before recommending the making of regulations under this section, the Minister must have regard to—

6. whether the procedure has the potential to—
   1. cause significant pain or distress; or
   2. cause serious or lasting harm, or loss of function, if not carried out by a veterinarian in accordance with recognised professional standards; and
7. the nature of the procedure, including whether this involves—
   1. a surgical or operative procedure below the surface of the skin, mucous membranes, or teeth or below the gingival margin; or
   2. physical interference with sensitive soft tissue or bone structure; or
   3. significant loss of tissue or loss of significant tissue; and
8. the purpose of the procedure; and
9. the extent (if any) to which the procedure is established in New Zealand; and
10. good practice in relation to the use of the procedure for animal management purposes or in relation to the production of animal products or commercial products; and
11. the likelihood of the procedure being managed adequately by codes of welfare or other instruments under this Act; and
12. any other matter the Minister considers relevant.

13. The Minister must consult the National Animal Welfare Advisory Committee before recommending the making of regulations under this section (other than regulations proposed by the Committee).

14. In the absence of evidence to the contrary, a particular procedure is presumed to be a surgical procedure or a painful procedure if regulations are made in respect of the procedure under this section.

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