Dairy NZ

What is the Animal Welfare Act 1999?

The Animal Welfare Act 1999 is the piece of New Zealand legislation which sets out the responsibilities of people who keep animals for any reason, including food, fibre, or animal product.  It sets out offences and penalties and gives legal authority to the Minimum Standards contained in Codes of Welfare.  The Animal Welfare Act became law in 1999 and replaced the outdated Animals Protection Act 1960.

How does the Animal Welfare Act affect me?
Sections 10 to 14 of the Animal Welfare Act 1999 set out the principal obligations and offences relating to the keeping of animals.  These include:

• Meeting the physical, health and behavioural needs of animals.
• Ensuring sick/injured animals are treated to relieve pain/suffering, or are humanely killed instead.
• Not keeping animals alive in unnecessary pain/distress.
• Not selling an animal in pain/distress unless it is to be killed.
• Not deserting an animal without providing for its needs.
• Not ill-treating an animal or killing it in such a way that it feels unnecessary pain/distress.

These obligations and offences are based on the 'Five Freedoms', which were developed in the UK in 1965.

What are the 5 Freedoms?
The Five Freedoms were developed in the UK in 1965 and form the cornerstone of modern animal welfare.  They are recognised internationally as representing the fundamental requirements of all animals.  The Five Freedoms are:

• Freedom from Hunger and Thirst - by ready access to fresh water and a diet to maintain full health and vigour.
• Freedom from Discomfort - by providing an appropriate environment including shelter and a comfortable resting area.
• Freedom from Pain, Injury or Disease - by prevention or rapid diagnosis and treatment.
• Freedom to Express Normal Behaviour - by providing sufficient space, proper facilities and company of the animal's own kind.
• Freedom from Fear and Distress - by ensuring conditions and treatment which avoids mental suffering.

(From the Brambell Report, 1965.)

What are Codes of Welfare?
Codes of Welfare are official documents which give the detail surrounding animal welfare requirements for different species of animal.  They are regulations under the Animal Welfare Act 1999.  One way of thinking about a Code of Welfare, is as a 'how to' guide for compliance with the Animal Welfare Act 1999.

Why do we need to know about Codes of Welfare?
It is important that farmers know about Codes of Welfare because they set out the 'Minimum Standards' required to meet the welfare requirements of different animals.  Failure to meet a Minimum Standard can lead to prosecution, so knowing about Codes of Welfare can help protect farmers from breaking the law.  In fact, being able to show that you met or exceeded a Minimum Standard can be used as a defence against prosecution.

What is a Minimum Standard?
A Minimum Standard is a statement which sets out what is required to meet the most basic welfare needs of an animal. Codes of Welfare contain a number of Minimum Standards, each one relating to a different set of requirements, e.g. 'food & water', 'shade & shelter', 'animal handling', etc.  Because Minimum Standards have to be met in order to ensure basic animal welfare, they are identified in Codes of Welfare by the word 'must'.

What does a Minimum Standard look like?
The following is an example of a Minimum Standard taken from the 'Zoo Code':
"Enclosures, barriers, facilities and equipment must be maintained in a condition that minimises harm or injury to animals and if likely to cause injury or harm must be repaired or replaced, or the animal relocated immediately."

What is a Recommended Best Practice?
A Recommended Best Practice is a guideline which offers suggestions on how animal welfare can be improved over and above the relevant Minimum Standard.  Recommended Best Practices are not legally enforced, so are identified in Codes of Welfare by the word 'should'.

What does a Recommended Best Practice look like?
The following is an example of a Recommended Best Practice taken from the 'Zoo Code': "For animals that need to be confined to holding areas, provision should be made for adequate space to enable them to freely exercise and rest in, order to maintain their health and welfare".

Who writes the Codes of Welfare?
Although most Codes of Welfare to date have been written by industry or special interest groups, anyone may write a Code of Welfare.  However, before a Code of Welfare can be issued by the Minister of Agriculture, it must be reviewed and approved by the National Animal Welfare Advisory Committee (NAWAC).  The review period includes a period of public consultation, which allows anyone in NZ to have their say on the proposed content of the Code of Welfare in question.

Tell me more about the public consultation process.
Public consultation is a key part of the Code of Welfare development process.  Public consultation periods are notified in the major newspapers and on the Biosecurity New Zealand website. Copies of draft Codes of Welfare can be downloaded from the website, or obtained directly from MAF (see details below).  A six week period is usually allowed for public consultation and farmers should strongly consider submitting their views to MAF on Codes of  Welfare which affect them.  Note that a reasoned and individual response is generally more acceptable than a 'rant' or mass media (postcard type) response.

Who owns the Codes of Welfare?
Once a draft Code of Welfare has been submitted to the Ministry of Agriculture & Forestry (MAF), it effectively becomes government property.  Although often written by an external group, all Codes of Welfare are issued by the Minister of Agriculture and carry his signature, in accordance with the requirements of the Animal Welfare Act 1999.

What happens if I breach the Animal Welfare Act?
The action which can be taken varies with the nature of the offence, but if it is serious or a repeat offence, you may be prosecuted under the Animal Welfare Act 1999.  Successful prosecution can result in criminal conviction and/or a significant fine.

Farmers should be aware that a number of people can enter a farm at any time to investigate a suspected animal welfare offence.  These include officers from MAF's Compliance and Enforcement Group (CEG), approved inspectors (e.g. SPCA) and the Police.  NZFSA inspectors at abattoirs and slaughter premises also have a role in monitoring the welfare of animals that go through processing plants.

What Codes of Welfare affect me?
The main Codes of Welfare which will affect the dairy industry, now and in the future, are:

• The Painful Husbandry Procedures Code - effective Jan 2006
• The Commercial Slaughter Code - due for release in late-2006
• The Dairy Code - due for release in mid-2007
• The Transport Code - due for release in late 2007

This list is not exhaustive and their may be other Codes released in the future, which also have an impact on the dairy industry.  These will be notified in the major newspapers and on the Biosecurity New Zealand website.

What is the lifespan of a Code of Welfare?
Codes of Welfare must be reviewed at least every 10 years following their release, in order to take advantage of new developments in animal husbandry, science and public opinion.  In certain cases, Codes of Welfare may be reviewed earlier. Code of Welfare revisions will be subject to the same process as the original Codes, including a period of public consultation.

What is NAWAC?
NAWAC is the National Animal Welfare Advisory Committee.  It is a group of up to 11 people, whose role is to advise the Minister of Agriculture on animal welfare matters in New Zealand.  This includes making recommendations concerning Codes of Welfare.  NAWAC representatives currently include those from the farming and veterinary professions

Does NAWAC consider the economic implications of their recommendations?
Yes.  Section 73 of the Animal Welfare Act 1999 requires NAWAC to consider the practicality, feasibility, religious aspects and economic implications of any transition from one practice to another.

How does NAWAC handle interpretation of the Five Freedoms?
NAWAC use the Five Freedoms as a framework in establishing Minimum Standards for the care of animals.  This enables them to achieve animal welfare outcomes tailored for the New Zealand situation, which are also acceptable internationally.

How does NAWAC manage potentially conflicting environmental and welfare requirements, e.g. feed-pad
Although NAWAC does not have to explicitly consider environmental requirements, it does have regard to wider issues when considering its recommendations. This is in addition to consideration of relevant science, good practice and practical issues, so with the active participation of industry groups in the code writing process, any such conflicts should be able to be resolved.
In certain situations, NAWAC may also seek expert advice in order to help it arrive at an acceptable position.