NZ Legislation Relating to Animal Care

This course is all about the Acts, Codes and Regulations protecting animals, people and the future of the planet in the animal care space in New Zealand.

This course won’t make you a lawyer, but it will ensure you have an awareness of the laws that apply to working in an animal care context. Despite the depressing stories of animal neglect and abuse that we often see in the media, you will be pleased to know that Aotearoa New Zealand has some great laws for protecting animals with some surprisingly strong penalties.

The types of laws that you will be looking into in this module ensure:

• The rights of companion animals and the responsibilities of companion animal owners are clearly defined.
• That workplaces are safe, and that employers and employees understand their responsibilities towards each other.
• That employers and employees understand what actions are required to make sure workplaces are sustainable.

You are free to plan your studies in the way that works best for you, but we know that guidance on how to do this is also helpful. We suggest the following way to navigate through the learning content over the next few weeks:

Legal Terminology

In the Module 2 introduction you will have noticed words such as ‘Act’ and ‘Legislation’. We see and hear these words nearly every day in the media, but what do they actually mean? Test your knowledge in the drag-and-drop activity below. All you need to do is use your mouse to move each explanation next to the word or phrase that they match.

If you come across any other legal terms that you are not sure of, you can check this glossary provided by the Ministry of Justice: Glossary | New Zealand Ministry of Justice

The following infographic shows the hierarchy of the legal terms, with Acts of Parliament being at the top.

Content of Animal Welfare Act 1999

This is the most important Act to understand for people in Aotearoa New Zealand, working in the Animal Care industry. We mentioned it in Module 1 and learned about how ‘sentience’ became an important addition to the Act in the mahi tahi that Bob Kerridge was involved in. You may even have made notes on the Act as part of your self-directed Learning from Module 1 as well.

So, what’s actually in the Act? Let’s take a look.

As stated above, the SPCA, MPI and NZ Police share the responsibility for enforcing the Animal Welfare Act. Here’s a story from Stuff.co.nz that shows what that looks like for an SPCA Inspector.

The Act covers a wide range of contexts, many of which are not applicable to Companion Animals, and, therefore not necessary to know as part of this course. A key part of the Act that we do need to know is the definition of ‘an animal’s physical, health and behavioural needs’. The Act states:

In this Act, unless the context otherwise requires, the term physical, health, and behavioural needs, in relation to an animal, includes— proper and sufficient food:

1. proper and sufficient water:
2. adequate shelter:
3. opportunity to display normal patterns of behaviour:
4. physical handling in a manner which minimises the likelihood of unreasonable or unnecessary pain or distress:
5. protection from, and rapid diagnosis of, any significant injury or disease— being a need which, in each case, is appropriate to the species, environment, and circumstances of the animal.

^{Source: https://www.legislation.govt.nz/act/public/1999/0142/latest/DLM50286.html}

Companion Animal Owners’ Responsibilities

To summarise the Animal Welfare Act 1999, if you own or are responsible for a companion animal then you need to make sure that you take care of an animal’s physical, health and behavioural needs. This includes work and volunteer roles. The maximum penalties under the Act are severe: you can be jailed for up to 12 months or fined up to $50,000, or both.

We’ll take a specific look at the rules around cats and dogs later on in this module, once we have talked a little about the Regulations that apply to the Animal Welfare Act 1999. In the meantime, let’s consider one part of the definition of an animal’s physical, health and behavioural needs more closely: what is meant by normal patterns of behaviour? Emily and Ngaire discuss this in the case study below.

Case Study

Normal Patterns of Behaviour?

Emily is with her training buddy, Ngaire. They are watching other SPCA staff members working in the dog training area. Ngaire explains that when dogs are surrendered or rescued, each dog is assessed by SPCA staff to check what training or rehabilitation is needed to successfully rehome them. “Dogs are given additional training to prepare them for their new life,” Ngaire says. “Each one receives a temperament check and lots of chances to experience different forms of enrichment. It gives the trainers a really good opportunity to understand each dog’s needs, as some of the animals we see here have not had much chance to experience normal patterns of dog behaviour.”

Emily asks, “What do you mean by that?”

“Well”, says Ngaire, “Normally, dogs would need lots of exercise and often, the bigger the dog, the more exercise it needs. However, many owners underestimate how much energy and strength a big dog has and how much training is required to exercise safely with it, especially in a city space. Sometimes, this becomes a problem that owners avoid by not giving their dogs daily exercise. It can lead to health and behavioural problems, which often end up with the dog being surrendered to us.”

“What kind of problems?”, asks Emily.

“Barking or crying, digging, chewing, accidental biting or extremely energetic play, weight gain, and constantly trying to get the attention of their owners. Other dogs might show behaviour that looks similar to depression in humans”, Ngaire replied.

“So not giving the dog regular exercise is not meeting the requirements of the Animal Welfare Act, because they are not getting the chance to experience a normal pattern of behaviour?”

Yes, that’s exactly right, Emily,” said Ngaire.

Normal dog behaviour is easily understood because they are a common companion animal and there is a lot of information available for people to access and understand to help them be responsible dog owners. But how about other companion animals, such as cats, rabbits, birds, rats or mice? Research online and find out about the normal patterns of behaviour for companion animals such as cats, rabbits, birds, rats or mice. Is there anything surprising? Did the information change how you think you would look after one of these companion animals? Share what you find out in the forum.

Before we move onto the next topic, let’s do a quick re-cap of what we have learned about the Animal Welfare Act 1999. Use the information in this link to answer these questions.

As we learned earlier in this module, regulations sit below Acts and are created to make laws under the power of an Act. This ability to make laws can either come from the government department that administers the Act (in this case, MPI) or can be delegated to another approved party/organisation. Let’s see how that works specifically for The Animal Welfare (Care and Procedures) Regulations 2018.

The Regulations have sections that specifically address the care and treatment of dogs but also reference our other companion animals, such as rabbits and rodents.

As is common with regulations in New Zealand, there have been many additions and updates since The Animal Welfare (Care and Procedures) Regulations 2018 came into being in 2016 (not a typo, even though the title says 2018!). The latest update covers surgical procedures on animals.

Why do I need to know about the Regulations?

Anyone working with animals should keep up to date with these regulations to make sure that their workplace is compliant with the rules. If there has been a change, you may need to:

• Change the way you work
• Provide or receive additional training
• Make changes to how you care for or treat the animals that you are responsible for

For all companion animals there is information on:

• Collars
• Tethers (for tying animals up)
• Electric prodders (used to make animals move)
• Prodding animals in sensitive areas (prodding means poking)
• Hot branding of animals (a brand is like a tattoo)
• Cutting teeth of animals

Penalties under the Regulations

The penalty level is determined by whether the offence is:

• an infringement (resulting in a fee but no criminal conviction).
• a prosecution (may result in a criminal conviction) with a fine up to the maximum in the regulations.

There is no imprisonment for regulation offences (which is different to Act offences where imprisonment is a possibility).

The lowest infringement fee for an individual is $300 and the highest is $5000.

Dogs

The regulations on caring for dogs provide specific requirements on:

• muzzles (a harness that stops a dog from biting)
• shelter
• dogs in vehicles
• collars and tethers
• docking tails (cutting off the tail)
• branding
• removing dewclaws (a claw that grows higher on the limb than claws on the foot)
• cropping ears

You can find a summary here by clicking the + sign: Guide to the Animal Welfare (Care and Procedures) Regulations | NZ Government (mpi.govt.nz)

Have a look at the case studies below and then check the Regulations using the link above. What should Caleb and Zoe do in each situation?

Case Study

Caleb and the declawing request

Caleb: Kia ora! Perfect Pup Grooming, Caleb speaking. How can I help you today?

Client: Good morning, I am wondering if you can help me with an enquiry?

Caleb: Sure, go ahead.

Client: I’ve just got my very first pure breed Labrador, and I’m planning to make her a show dog. Because of this, I would like to get her dewclaws removed. Can I get that done with you?

Caleb: In New Zealand, the removal of front dewclaws and articulated hind limb dewclaws is illegal. I could get fined up to $3000 dollars and the business could be fined up to $15,000. If your dog needs to have the dewclaws removed for health reasons, you should talk to your vet.

Client: Oh! I didn’t know that! It’s something that I have heard is common in dog-showing circles, and I thought that I would need to do it to win any prizes.

Caleb: I think it would be good for you to chat with your vet about this so that you can make an informed decision.

Client: Thank you, I will.

Caleb: Thanks for calling. Bye.

Case Study

Zoe: buying a work vehicle

As part of the set-up for her dog-walking business, Zoe is considering buying a vehicle that can fit more than two or three dogs at a time. A friend has offered her a ute with an open deck, but she is also considering a van. She thinks the van would fit more dogs but would be harder to clean, but the ute is a good price although it could fit fewer dogs. But is she really thinking about the most important things? Perhaps she should check what the rules say first.

What does Zoe need to think about before she buys a vehicle? What vehicle would you choose if you were Zoe, and why? 

Check the Animal Welfare (Care and Procedures) Regulations 2018 and share your answers in the forum. 

Before we move on to the next Act, take a moment to check what you have learned about The Animal Welfare (Care and Procedures) Regulations 2018. Use the link to remind you.

This act is not about companion animals but contains rules that affect them. Te Urewera refers to an area in the north-east of the North Island that is the ancestral home of Ngāi Tūhoe.

Many New Zealanders know Te Urewera as a National Park, but this is no longer correct. The Te Urewera Act was created in 2014 as part of the Treaty of Waitangi settlement between Tūhoe iwi and the Crown. Te Urewera is recognised in law as an identity and legal person in its own right. Its status as a National Park ended with the treaty settlement and establishment of the Act.

Can you guess, from reading the Key Points above, why this Act is important for owners of companion animals? Take a moment to read through them again. When you think you know the answer, use the + button to see if you were right.

Te Urewera and Te Ao Māori

Take a moment to recall the content from Module One, especially key words such as whānaungatanga, whakapapa, and mauri.

Offenses in Te Urewera

• non-native animals are not allowed into, or to be let go/introduced/released into Te Urewera.
• native animals (birds, reptiles) are not allowed to be interfered with or disturbed.
• dogs are not permitted, except under very specific conditions that require prior approval from the appropriate authority.

The fine for breaching the Act is up to $10,000.

Case Study

Pest Alert: The Eastern Rosella

This gorgeous bird made its way into New Zealand from Australia as a caged bird and is now common in the North Island and in some areas South. They are pests because they damage plant crops, compete with native birds and insects and can be carriers of disease that native birds may not have immunity to

Ka pai te mahi - good work! You’re now ready to move onto Topic 2: Health and Safety at Work. Let’s take a little break from legislation about animals and consider the health and wellbeing of humans in the workplace instead. We’ll return to talking about animal welfare legislation in Topic 3.