Animal Welfare Law

Front 1

Under what section would you find the definition of Physical, Health and Behavioural needs?

Back 1

Section 4

Front 2

What are the 4 classes of offences?

Back 2

* Strict Liability (D)
* Halfway House (C)
* Without Reasonable Excuse (B)
* Wilful (A)

Front 3

What power comes under s138?

Back 3

Destruction of injured or sick animals (other than marine mammals)

Front 4

What power comes under s32?

Back 4

Power to declare traps or devices to be prohibited or restricted traps or devices

Front 5

What power comes under s49?

Back 5

Delegation of functions or powers of Director-General

Front 6

What power comes under s84?

Back 6

Power to carry out certain projects

Front 7

What does s99 cover?

Back 7

The functions and powers of an animal ethics committee

Front 8

What power comes under s117?

Back 8

Power of Minister to commission review

Front 9

What power comes under s118?

Back 9

Power of Minister to approve research or testing

Front 10

What power is under s127 (1)?

Back 10

An inspector may enter land, a premises, places and stationary aircrafts, ships and cars without warrant to inspect an animal. (NOT DWELLINGS)

Front 11

What does s127 (5) allow the inspector to do?

Back 11

If the inspector has reasonable grounds to believe an animal has been wilfully ill-treated (s28) or the animal needs vet Tx, or the animals physical, health and behavioral needs are not being met, inspectors can take and maintain possession of the animal

Front 12

What does s128 require you to do?

Back 12

If entering under s127 inspectors must at time of initial entry and if requested, produce evidence of appointment and evidence of identity

Front 13

A NOE must include what?

Back 13

Time and date of entry, purpose of entry, Condition of any animals inspected, the animals that have been removed (if any), name of inspector and the address of the office to which inquiries can be made.

Front 14

Which section requires you to leave a NOE?

Back 14

s129

Front 15

Which section gives you the power to prevent or mitigate suffering?

Back 15

s130

Front 16

What does s131 cover?

Back 16

Search warrants

Front 17

What powers does a search warrant get you and under which section are these powers listed?

Back 17

Can seize and maintain possession of an animal.

Can mitigate suffering (including destroying)

Front 18

What is s136 about?

Back 18

Disposal of things seized under a search warrant.

Front 19

What does NAEAC stand for?

Back 19

National Animal Ethics Advisory Committee

Front 20

What does NAWAC stand for?

Back 20

National Animal Welfare Advisory Committee

Front 21

When was the first animal welfare bill introduced and what animal did it refer to?

Back 21

1822, and cattle.

Front 22

What year did the SPCA form in UK?

Back 22

1824

Front 23

What year did the first SPCA form in NZ and where?

Back 23

1882 in Otago

Front 24

When was the first 'Cruelty to Animals' Act introduced?

Back 24

1878

Front 25

What are the names and years of Animal Welfare legislation in NZ?

Back 25

Cruelty to animals Act 1880
Police Offences Act 1884
Animal protection Act 1960
Animal Welfare Act 1999

Front 26

When was the NZ Bill of Rights established?

Back 26

1990

Front 27

What is the purpose of the bill of rights?

Back 27

To affirm, protect and promote human rights and fundamental freedoms in NZ
To affirm NZ's commitment to the International Covenant on civil and political rights

Front 28

What is Actus Rea?

Back 28

Everything except the offenders mental state e.g a physical act, an omission, a state of affairs, a consequence.

Front 29

What is Mens Rea?

Back 29

State of mind - number of possible states
Intention
Recklessness
Negligence

Front 30

What are the 'elements' of an offence?

Back 30

Points to prove beyond reasonable doubt.
If one is missing, the case will fail

Front 31

What is a defendant?

Back 31

Any 'person' (which includes corp orates, societies etc) that is charged with an offence

Front 32

What is Strict Liability?

Back 32

Offences don't require Mens rea. Actus rea sufficient. May be a statutory defence available

Front 33

What is Halfway house?

Back 33

Legislation silent as to whether a strict liability or mens rea offence

Real foundation in evidence required

Front 34

What is without reasonable excuse?

Back 34

Legislation will use these words. Onus (burden of proof) on defendant

Front 35

What is a willful offence?

Back 35

Legislation will use words such as 'willingly' and 'knowingly'.
Onus on prosecution to prove Mens Rea

Front 36

What is Automatism?

Back 36

Involuntary acts (sleepwalking, concussion etc) - no mens rea

Front 37

What is a necessity defence?

Back 37

- Choice between two evils

Front 38

What is the burden of proof?

Back 38

The responsibility of proving a charge (or defence)

Front 39

What is the standard of proof?

Back 39

For the prosecution - Beyond reasonable doubt.
For the defense - One the balance of probabilities. More likely than not

Front 40

What is the purpose of the Criminal Procedure Act and what year was it established?

Back 40

Sets out the way criminal proceedings are conducted.
2011.

Front 41

What are parties to Offences?

Back 41

Commits the actual offence OR

Essentially aids, incites, councels, procures any person to commit and offence

Front 42

Which offence in the AWA 1999 is specifically for people who aids, incites, counsels etc someone to commit and offence?

Back 42

s 29(h)

Front 43

What are the two offences in AWA 1999 where it is an offence to 'attempt' something?

Back 43

s 14(1)(b) - Attempts to sell an animal when it is suffering unreasonable or unnecessary pain or distress
s 35(1) Attempts to sell a prohibited trap or device

Front 44

What year was the Privacy Act established?

Back 44

1993

Front 45

Where under the privacy act could you request information to aid an investigation/prosecution?

Back 45

Principle 11

Front 46

What are the 5 freedoms?

Back 46

Freedom from... hunger and thirst

Discomfort

Pain, injury and disease

fear and distress

Freedom to express normal behaivour

Front 47

How to the 5 freedoms translate under s 4?

Back 47

• (a) Proper and sufficient food and water• (b) Adequate shelter• (c) Opportunity to display normal patterns of behaviour• (d) Physical handling in a manner which minimises thelikelihood of unreasonable or unnecessary pain or distress• (e) Protection from, and rapid diagnosis of, any significantinjury or disease –

Front 48

What is the 'person in charge?'

Back 48

The person who has the animal in their possession or custody, or under their care, control or supervision

Front 49

What is an 'animal'?

Back 49

Any live member of the animal kingdom including octopi, crustaceans, fish or any other member as declared by Order in Council. Also marsupial pouch young, mammalian fetus

Front 50

What does Part 1 of the AWA pertain to and what sections are included?

Back 50

Care of animals
S 9-26

Front 51

What does Part 2 of the AWA pertain to and what sections are included?

Back 51

Conduct towards animals
S 27 - 37

Front 52

What does part 3 of the AWA pertain to and what sections are included?

Back 52

Animal exports
S 38 - 54

Front 53

What does Part 4 of the AWA pertain to and what sections are included?

Back 53

Advisory Committees
S 55 - 67

Front 54

What does Part 5 of the AWA pertain to and what sections are included?

Back 54

Codes of Welfare
S 68 - 79

Front 55

What does Part 6 of the AWA pertain to and what sections are included?

Back 55

Use of animals in research, testing, and teaching
S 80 - 119

Front 56

What does Part 7 of the AWA pertain to and what sections are included?

Back 56

Provisions relating to Administration
S 120 - 160

Front 57

What does Part 8 of the AWA pertain to and what sections are included?

Back 57

Offences

S 161 - 174

Front 58

What does Part 9 of the AWA pertain to and what sections are included?

Back 58

Miscellaneous Provisions
S 175 - 202

Front 59

What does Section 10 cover?

Back 59

Obligations re physical, health and behavioral needs of an animal

Front 60

What does Section 11 cover?

Back 60

Obligation to alleviate pain or distress of ill or injured animals

Front 61

What does section 12 cover and what other section does it link to?

Back 61

Offences, Actus reas links back to S 4

Front 62

Under which sections would you find strict liability?

Back 62

S 13 and 30

Front 63

What are the statutory defenses?

Back 63

– All reasonable steps taken not to commit offence
– Offence took place in emergency related to risk to human life
– Code of Welfare was equalled or exceeded

Front 64

What offence is s 14(1)(b)?

Back 64

WITHOUT REASONABLE EXCUSE - Sells, attempts to sell or offers for sale, otherwise than for the express purpose of being killed, the animal when it is suffering unreasonable or unnecessary pain or distress

Front 65

What offence is s 14(1)(a)?

Back 65

WITHOUT REASONABLE EXCUSE - Keeps the animal alive when it is in such a condition that it is suffering unreasonable or unnecessary pain or distress

Front 66

What offence is s 14(2) and what section does it link to?

Back 66

WITHOUT REASONABLE EXCUSE - deserts the animal in circumstances in which no provision is made to meet its physical, health and behavioral needs

S 4

Front 67

What is a significant surgical procedure as per the AWA?

Back 67

A restricted surgical procedure
A Controlled surgical procedure

Any other procedure declared by the Governor General under advisement of the Minister following consult with NAWAC

Front 68

What does the NZVA consider a significant surgical procedure?

Back 68

Includes one or more of thefollowing:
1. Entry into the body cavity;
2. Invasion of the periosteum;
3. Significant loss of tissue or loss of significant tissue;
4. The potential, if performed inadequately, to seriously impact on an animal’s welfareand/or function;
and has the capacity to cause significant pain

Front 69

What are the restricted surgical procedures?

Back 69

Debarking a dog

Declawing a cat

Docking a horse

Front 70

What is a controlled surgical procedure?

Back 70

Must have vet approval

Vet must issue certificate

Develvetting

Front 71

What surgical acts result in an immediate offence?

Back 71

Cropping of dogs ears

Blistering, firing or nicking of a horse

Front 72

What comes under S 22?

Back 72

Obligations of person in charge of vehicle, aircraft or ship

Front 73

What offences are s28 and 28a

Back 73

Willfull ill-treatment

Reckless ill-treatment

Front 74

What does s 28 and 28a have to result in to be an offence?

Back 74

Animal is permanently disabled

Animal dies

Pain or distress is so great it is necessary to destroy animal

Animal is seriously injured or impaired

Front 75

What is recklessness?

Back 75

Running a risk in circumstances which a reasonable person would not

Knowing or seeing a risk and taking it anyway

Front 76

What does 'ill treat' mean?

Back 76

Causing the animal to suffer by any act or omission, pain or distress that is unreasonable or unnecessary

Front 77

Under what sections can an inspector 'destroy'?

Back 77

S130 - Mitigate pain and suffering

S138 - Injured or sick

S133 (4) - Mitigate under search warrant

Front 78

What grounds are required to inspect under s127?

Back 78

Entering with the intention to inspect an animal (i.e none)

Front 79

What does s127 (5) allow you to do?

Back 79

Seize and maintain possession of an animal

Front 80

What does s127 (6) allow you to do?

Back 80

Hold an animal

Front 81

What does s127 (7) allow you to do?

Back 81

Take any person to assist you

Front 82

Under what Section of the S & S act describes what a search warrant allows you to do?

Back 82

S 110

Front 83

What does S 117 of the Ss act allow you to do?

Back 83

Enter a secure a place when SW has not yet been granted, in order to preserve evidence

Front 84

What part does Consent searches come under in the ss act?

Back 84

Part 4

Front 85

Under what s of the SS act does seizure of items in plain view come under?

Back 85

S 123

Front 86

Under what section must offenders give name and DOB and address?

Back 86

Section 157

Front 87

What section covers people saying they are inspectors when they are not?

Back 87

S 160

Front 88

What section refers to people wilfully ostructing or hindering an inspector?

Back 88

s 159