Animal Welfare (Calves) Regulations 2016
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2016/170
Animal Welfare (Calves) Regulations 2016
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 25th day of July 2016
Present:
His Excellency the Governor-General in Council
These regulations are made under sections 183(1)(a) and (g) to (i) and 183A(1) of the Animal Welfare Act 1999—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for Primary Industries made after complying with sections 183A(10) and 184 of that Act.
Contents
Regulations
1 Title
These regulations are the Animal Welfare (Calves) Regulations 2016.
2 Commencement
(1)
These regulations come into force on 1 August 2016.
(2)
However,—
(a)
regulation 10, clause 3(2) of Schedule 2, and clause 4(3) to (5) of Schedule 2 come into force on 1 February 2017:
(b)
regulations 8 and 9 come into force on 1 August 2017:
(c)
regulation 13 comes into force as specified in that regulation.
3 Interpretation
In these regulations, unless the context otherwise requires,—
off farm, in relation to a calf, means off the property on which the calf was born or resides
young calf means a bovine that is up to 14 days of age and has been separated from its mother.
4 Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.
Offence relating to calves
5 Prohibition on killing calves by blunt force to the head
(1)
A person must not kill a calf by using blunt force to the head unless—
(a)
the calf is in severe pain or distress and, as a result, requires immediate humane destruction; and
(b)
there is no reasonably practicable alternative to the use of blunt force available.
(2)
In this regulation,—
blunt force does not include the firing of a firearm (as defined in section 2(1) of the Arms Act 1983)
calf means a bovine that has not had milk (or milk replacer) permanently removed from its diet.
(3)
A person who contravenes this regulation commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $3,000:
(b)
for a body corporate, to a fine not exceeding $15,000.
Offences relating to young calves
6 Fitness for transport
(1)
An owner or a person in charge of a young calf must not transport the calf, or permit the calf to be transported, off farm for the purpose of sale or slaughter or as a result of sale unless the calf is at least 4 full days (96 hours) of age.
(2)
Subclause (1) does not apply to a person who is in charge of a young calf only for the purpose of transport.
(3)
An owner or a person in charge of a young calf must not transport the calf, or permit the calf to be transported, off farm for the purpose of sale or slaughter or as a result of sale unless—
(a)
the calf is free from signs of any injury, disease, disability, or impairment that could compromise the calf’s welfare during the journey; and
(b)
the calf is alert and able to—
(i)
rise from a lying position; and
(ii)
stand and bear weight evenly on all 4 limbs; and
(iii)
move freely; and
(iv)
protect itself from being trampled and from being injured by other calves; and
(c)
the calf’s hooves are firm, worn flat, and not bulbous with soft unworn tissue; and
(d)
the calf’s navel cord is shrivelled and not pink or red coloured, raw, or fleshy.
(4)
However, subclause (3)(a) and (b) do not apply if the owner or person in charge of the young calf has a veterinary declaration that the calf is fit for transport.
(5)
An owner or a person in charge of a young calf that is being transported or is to be transported off farm for the purpose of sale or slaughter or as a result of sale must have a system in place that, if followed, will ensure compliance with subclauses (1) and (3).
(6)
A person who contravenes subclause (1) or (3) commits an offence. The offence is an infringement offence with an infringement fee of $500.
7 Maximum duration of transport
(1)
A person in charge of a young calf must not transport the calf unless the total duration of the journey from the point of loading the calf onto the vehicle to the point of arrival at the final destination of the journey is no more than 12 hours.
(2)
A person in charge of a young calf who transports young calves must have a system in place that, if followed, will ensure compliance with subclause (1).
(3)
A person who contravenes subclause (1) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $5,000:
(b)
for a body corporate, to a fine not exceeding $25,000.
8 Requirements for loading and unloading facilities
(1)
Subclause (2)—
(a)
applies to a person who is, or will be,—
(i)
the owner or person in charge of a young calf at a place at which the calf is intended to be loaded onto a stock transport vehicle for transport off farm or from a place of sale for the purpose of sale or slaughter or as a result of sale; or
(ii)
the owner or person in charge of a young calf at a place at which the calf is intended to be unloaded from a stock transport vehicle used to transport the calf off farm or from a place of sale for the purpose of sale or slaughter or as a result of sale; but
(b)
does not apply to a person who is in charge of a young calf only for the purpose of transport.
(2)
A person to whom this subclause applies must provide facilities designed to, or make available other means that,—
(a)
enable the calf to walk onto (if subclause (1)(a)(i) applies) or off (if subclause (1)(a)(ii) applies) the stock transport vehicle by its own action; and
(b)
minimise the risk of a calf slipping and injuring itself, falling off the facilities or other means, or becoming otherwise injured or distressed.
(3)
A person in charge of a young calf must take all reasonable and practicable steps to ensure that the calf is not, while the person is in charge of the calf,—
(a)
loaded onto a stock transport vehicle for transport off farm or from a place of sale, for the purpose of sale or slaughter or as a result of sale, otherwise than through the use of the facilities or means referred to in subclause (2); or
(b)
unloaded from a stock transport vehicle used to transport the calf off farm or from a place of sale, for the purpose of sale or slaughter or as a result of sale, other than through the use of such facilities or means.
(4)
In this regulation, stock transport vehicle means a vehicle that has a loading height of 90 centimetres or more from the lowest point of the tyres to the height of the deck or body of the vehicle onto which a calf will be loaded.
(5)
A person who contravenes subclause (2) commits an offence. The offence is an infringement offence with an infringement fee of $500.
(6)
A person who contravenes subclause (3) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $2,000:
(b)
for a body corporate, to a fine not exceeding $10,000.
9 Shelter requirements before and during transportation and at points of sale or slaughter
(1)
Subclause (2) applies to an owner or a person in charge of a young calf at a location where—
(a)
the calf is being held before being transported off farm for the purpose of sale or slaughter or as a result of sale (other than the location at which the calf is normally housed on the farm); or
(b)
the calf is being held off farm while awaiting sale or slaughter.
(2)
A person to whom this subclause applies must—
(a)
ensure that the calf has access to shelter that—
(i)
is ventilated to the extent that there is no threat to the health or welfare of the calf due to insufficient ventilation; and
(ii)
provides protection from adverse weather, including precipitation and extremes of heat and cold; and
(iii)
enables the calf to stand up and lie down in a natural posture; and
(b)
ensure that faeces and urine do not accumulate in the shelter to an extent that may pose a threat to the health or welfare of the calf.
(3)
A person in charge of a vehicle must not transport a young calf off farm for the purpose of sale or slaughter or as a result of sale unless—
(a)
the vehicle provides shelter that—
(i)
is ventilated to the extent that there is no threat to the health or welfare of the calf due to insufficient ventilation; and
(ii)
provides protection from adverse weather, including precipitation and extremes of heat and cold; and
(iii)
enables the calf to stand up and lie down in a natural posture; and
(b)
the person ensures that faeces and urine do not accumulate in the vehicle to an extent that may pose a threat to the health or welfare of the calf.
(4)
A person who contravenes this regulation commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $2,000:
(b)
for a body corporate, to a fine not exceeding $10,000.
10 Maximum time off feed before slaughter
(1)
A person in charge of a young calf being held at slaughter premises for slaughter must ensure that the calf is slaughtered as soon as possible after its arrival at the premises.
(2)
If it is not possible to slaughter a young calf within 24 hours after the calf was last fed on the farm on which it resided, the person in charge of the calf at the slaughter premises must,—
(a)
if the calf is able and willing to feed,—
(i)
ensure that the calf is fed a volume of colostrum, milk, or milk replacer that equates to at least 5% of the calf’s body weight no more than 24 hours after the calf was last fed on the farm; and
(ii)
ensure that the calf is slaughtered as soon as possible after it is fed; or
(b)
if the calf is unable or unwilling to feed, humanely euthanise or slaughter the calf without delay.
(3)
A person in charge of a young calf being held at slaughter premises for slaughter must have a system in place that, if followed, will ensure compliance with subclauses (1) and (2).
(4)
In this regulation, slaughter premises means premises designed and operated for the purpose of, or for purposes that include, slaughtering animals.
(5)
A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $5,000:
(b)
for a body corporate, to a fine not exceeding $25,000.
11 Prohibition on transport by sea across Cook Strait
(1)
A person in charge of a young calf on a vehicle must not permit the calf to be transported by sea across Cook Strait.
(2)
A person who contravenes this regulation commits an offence and is liable on conviction,—
(a)
for an individual, to a fine not exceeding $5,000:
(b)
for a body corporate, to a fine not exceeding $25,000.
Strict liability
12 Offences are strict liability offences
(1)
In a prosecution for an offence against these regulations, it is not necessary for the prosecution to prove that the defendant intended to commit an offence.
(2)
It is a defence to a prosecution for an offence against these regulations, other than an offence against regulation 6(1) or (3) or 8(2), if the defendant proves that the defendant took all reasonable steps to comply with the relevant provision.
Revocations
13 Revocations
(1)
Revoke regulation 14, the cross-heading above regulation 14, and Schedule 2 of these regulations on 1 March 2017.
(2)
Revoke this regulation and the cross-heading above this regulation immediately after the revocations in subclause (1) take effect.
Amendments to other instruments
14 Amendments to other instruments
Amend the instruments specified in Schedule 2 as set out in that schedule.
Schedule 1 Transitional, savings, and related provisions
Part 1 Provisions relating to these regulations as made
There are no transitional, savings, or related provisions relating to these regulations as made.
Schedule 2 Amendments to other instruments
Part 1 Amendments to codes of welfare
1 Amendments to Code of Welfare: Dairy Cattle
(1)
This clause amends the Code of Welfare: Dairy Cattle, which came into force on 13 June 2014.
(2)
In clause 5.10, minimum standard 17, replace paragraph (c)(iii) with:
(iii)
Calves must not be killed by the use of blunt force to the head except in the circumstances described in regulation 5(1) of the Animal Welfare (Calves) Regulations 2016.
(3)
In clause 6.4, minimum standard 20, after paragraph (b), insert:
(c)
Calves must not be killed by the use of blunt force to the head except in the circumstances described in regulation 5(1) of the Animal Welfare (Calves) Regulations 2016.
(4)
In Appendix II, definition of calf, replace “A young bovine until it is weaned”
with “A bovine that has not had milk (or milk replacer) permanently removed from its diet”
.
2 Amendments to Animal Welfare (Sheep and Beef Cattle) Code of Welfare 2010
(1)
This clause amends the Animal Welfare (Sheep and Beef Cattle) Code of Welfare 2010.
(2)
In clause 7.10, minimum standard 20, after paragraph (e), insert:
(f)
Calves must not be killed by the use of blunt force to the head except in the circumstances described in regulation 5(1) of the Animal Welfare (Calves) Regulations 2016.
(3)
In Appendix III, definition of calf, replace “A young bovine until it is weaned”
with “A bovine that has not had milk (or milk replacer) permanently removed from its diet”
.
3 Amendments to Animal Welfare (Transport within New Zealand) Code of Welfare 2011
(1)
This clause amends the Animal Welfare (Transport within New Zealand) Code of Welfare 2011.
(2)
In clause 7.3, minimum standard 10, paragraph (d), after “Unweaned animals”
, insert “(other than animals to which the definition of young calf in regulation 3 of the Animal Welfare (Calves) Regulations 2016 applies)”
.
(3)
In clause 10, minimum standard 13, after paragraph (e), insert:
(f)
Animals to which the definition of calf in regulation 5(2) of the Animal Welfare (Calves) Regulations 2016 applies must not be killed by the use of blunt force to the head except in the circumstances described in regulation 5(1) of those regulations.
4 Amendments to Animal Welfare (Commercial Slaughter) Code of Welfare 2010
(1)
This clause amends the Animal Welfare (Commercial Slaughter) Code of Welfare 2010.
(2)
In clause 3.2, minimum standard 4, after paragraph (g), insert:
(ga)
Animals to which the definition of calf in regulation 5(2) of the Animal Welfare (Calves) Regulations 2016 applies must not be killed by the use of blunt force to the head except in the circumstances described in regulation 5(1) of those regulations.
(3)
In clause 3.2, minimum standard 4, paragraph (j), replace “Bobby calves and milk”
with “Milk”
.
(4)
In clause 3.2, minimum standard 4, after paragraph (j), insert:
(ja)
Animals to which the definition of young calf in regulation 3 of the Animal Welfare (Calves) Regulations 2016 applies must be slaughtered in accordance with regulation 10(1) and (2) of those regulations.
(5)
In clause 3.2, minimum standard 4, paragraph (l)(i), replace “Bobby calves and milk”
with “Milk”
.
Part 2 Amendments to Animal Welfare (Forms) Regulations 1999
5 Amendments to Animal Welfare (Forms) Regulations 1999
This Part amends the Animal Welfare (Forms) Regulations 1999.
6 Regulation 4 replaced (Infringement notice)
Replace regulation 4 with:
4 Infringement notices and reminder notices
(1)
An infringement notice issued under section 162 of the Animal Welfare Act 1999 must be in form 1 of the Schedule.
(2)
A reminder notice for an infringement offence for which an infringement notice has been issued under section 162 of the Animal Welfare Act 1999 must be in form 2 of the Schedule.
7 Schedule replaced
Replace the Schedule with:
Schedule Infringement notices and reminder notices
r 4
Form 1 Infringement notice
(Front page)
Notice number:
Details of person served
Full name or company name:
*Date of birth:
Trading name (if different to company name):
Physical address:
Post code:
Business address (if different to physical address):
Electronic address:
| *Omit if the notice is served on a company. |
Alleged infringement offence
Date of offence:
Time:
Location:
Fee payable to Director-General: $
This is an infringement offence against [section or regulation number] of the [Act or regulation name].
Charge text: [narrative of events]
Issuing details
Date served:
Issuing inspector’s warrant number:
Method infringement notice served by:
Procedure for payment of infringement fee
The infringement fee is payable within 28 days after [earliest date notice served personally or posted].
The infringement fee is payable to the Director-General of the Ministry for Primary Industries by any of the following methods: [specify payment options]
Important: Please read the information about infringement offences printed on the back of this notice.
[Deposit slip is printed here.]
(Back page)
Information about infringement offences
Note: If there is anything in these notes that you do not understand, you should consult a lawyer immediately.
1 Payment of infringement fee
If you pay the infringement fee for the alleged infringement offence within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Director-General of the Ministry for Primary Industries in accordance with the instructions on the front page of this notice.
2 Further action
If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to [the informant] at the address shown in the note at the end of this information within 28 days after the service of this notice.
3 Defences
You have a defence against any proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General of the Ministry for Primary Industries by one of the payment methods specified on the front of this notice within 28 days after the service of this notice. There may be additional defences available to you.
Note: Late payment, or payment by any other method, will not be a defence.
4 Right to request hearing
(1)
You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to [the informant] at the address shown in the note at the end of this information within 28 days after the service of this notice. If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.
(2)
If you deny liability for the offence, [the informant] will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless [the informant] decides not to commence court proceedings).
Note: If the court finds you guilty of the offence, costs will be imposed in addition to any fine.
(3)
If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—
(a)
admit the offence; and
(b)
set out the written submissions you wish the court to consider. [The informant] will then file your letter with the court (unless [the informant] decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.
Note: Any costs will be imposed in addition to any fine.
5 Consequences of taking no action
If you do not pay the infringement fee and do not request a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless [the informant] decides otherwise).
If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless [the informant] decides not to commence court proceedings against you).
6 Questions and other correspondence
In any correspondence, please include—
(a)
the date of the infringement notice; and
(b)
the infringement notice number; and
(c)
the course of action you are taking in respect of the alleged offence; and
(d)
your full address for replies.
Note: All queries and all correspondence regarding this notice must be directed to [specify full address]. Further details of your rights and obligations are set out in sections 162 and 163 of the Animal Welfare Act 1999 and section 21 of the Summary Proceedings Act 1957.
Form 2 Reminder notice
(Front page)
Notice number:
Details of person served
Full name or company name:
*Date of birth:
Trading name (if different to company name):
Physical address:
Post code:
Business address (if different to physical address):
Electronic address:
*Driver’s licence:
Other identification (if no driver’s licence):
Telephone number:
| *Omit if the notice is served on a company. |
Alleged infringement offence details
Date of offence:
Time:
Location:
Fee payable to Director-General: $
This is an infringement offence against [section or regulation number] of the [Act or regulation name].
Charge text: [narrative of events]
Service details (to be provided for filing in court)
Date infringement notice served:
Issuing inspector’s warrant number:
Reminder notice served by [method of service] on [date of service]
The last day for payment is [date], being 28 days from the date of service of the infringement notice recorded on this notice.
Procedure for payment of infringement fee
Infringement fees may be paid to the Director-General of the Ministry for Primary Industries by any of the following methods: [specify payment options]
Important: Please read the information about infringement offences printed on the back of this notice.
[Deposit slip is printed here.]
(Back page)
Information about infringement offences
Note: If there is anything in these notes that you do not understand, you should consult a lawyer immediately.
1 Payment of infringement fee
If you pay the infringement fee for the alleged infringement offence within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Director-General of the Ministry for Primary Industries in accordance with the instructions on the front page of this notice.
2 Further action
If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to [the informant] at the address shown in the note at the end of this information within 28 days after the service of this notice.
3 Defences
You have a defence against any proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General of the Ministry for Primary Industries by one of the payment methods specified on the front of this notice within 28 days after the service of this notice. There may be additional defences available to you.
Note: Late payment, or payment by any other method, will not be a defence.
4 Right to request hearing
(1)
You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to [the informant] at the address shown in the note at the end of this information within 28 days after the service of this notice. If you request a hearing, you may deny liability for the offence or admit liability and make submissions as to penalty or any other matter.
(2)
If you deny liability for the offence, [the informant] will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless [the informant] decides not to commence court proceedings).
Note: If the court finds you guilty of the offence, costs will be imposed in addition to any fine.
(3)
If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—
(a)
admit the offence; and
(b)
set out the written submissions you wish the court to consider. [The informant] will then file your letter with the court (unless [the informant] decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.
Note: Any costs will be imposed in addition to any fine.
5 Consequences of taking no action
If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of this notice, you will become liable to pay costs in addition to the infringement fee (unless [the informant] decides not to commence court proceedings against you).
6 Questions and other correspondence
In any correspondence, please include—
(a)
the date of the infringement notice; and
(b)
the infringement notice number; and
(c)
the course of action you are taking in respect of the alleged offence; and
(d)
your full address for replies.
Note: All queries and all correspondence regarding this notice must be directed to [specify full address]. Further details of your rights and obligations are set out in sections 162 and 163 of the Animal Welfare Act 1999 and section 21 of the Summary Proceedings Act 1957.
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations prescribe standards and requirements for the care of, and conduct towards, calves by the owners and persons in charge of those calves.
Regulation 5 prohibits the killing of a calf by the use of blunt force to the head, except in emergency situations. This prohibition applies in respect of all unweaned calves. While the prohibition is restricted to use of blunt force to the head, this does not permit the use of blunt force to other parts of a calf’s body, as this would be ill-treatment of an animal and would be an offence under the Animal Welfare Act 1999.
The other standards and requirements in the regulations all apply in respect of young calves, that is, calves that are up to 14 days of age and have been separated from their mothers.
Regulation 6 contains requirements that a young calf must meet before an owner or a person in charge of the calf can transport the calf, or permit the calf to be transported, off farm for the purpose of sale or slaughter or as a result of sale. Regulation 6(1) relates to the age of the calf and requires that the calf is at least 4 full days of age before it is transported. The responsibility for ensuring that the age requirement is complied with falls on the owner or person in charge of the calf at the farm and does not extend to a person who is in charge of a young calf only for the purpose of transport (such as a stock truck driver). Regulation 6(3) requires that the calf meet certain health measures in order to be transported. Regulation 6(4) provides a limited exception to certain measures if the owner or person in charge of the calf has a veterinary declaration that the calf is fit for transport.
Regulation 7 provides that a young calf may be transported only if the total duration of its journey is no more than 12 hours.
Regulation 8 applies to an owner or a person in charge of a young calf at a place at which a young calf is intended to be loaded onto or unloaded from a stock transport vehicle. The person must provide facilities or other means that enable the calf to walk onto or off the stock transport vehicle safely. An owner or a person in charge of a young calf must take all reasonable and practicable steps to ensure that the facilities or other means are used.
Regulation 9 relates to shelter for a young calf that is awaiting transport, is being transported, or is being held off farm awaiting sale or slaughter. An owner or a person in charge of a young calf where the calf is being held awaiting transport, sale, or slaughter must ensure that the calf has access to adequate shelter. A person in charge of a vehicle must not transport a young calf off farm for sale or slaughter unless the vehicle provides adequate shelter.
Regulation 10 requires a person in charge of a young calf being held at slaughter premises for slaughter to ensure that the calf is slaughtered as soon as possible after its arrival at the premises. This regulation also provides feeding requirements that must be complied with if it is not possible to slaughter the calf within 24 hours of it last being fed on the farm.
Regulation 11 prohibits transporting young calves by sea across Cook Strait.
As a result of these regulations, amendments are required to some codes of welfare. There are also amendments required to the Animal Welfare (Forms) Regulations 1999. These amendments are set out in Schedule 2.
These regulations come into force on 1 August 2016, except for—
regulations 8 (requirements for loading and unloading facilities) and 9 (shelter requirements before and during transportation and at points of sale or slaughter), which come into force on 1 August 2017:
regulation 10 (maximum time off feed before slaughter) and the related changes to codes of welfare, which come into force on 1 February 2017:
regulation 13 (revocations), which comes into force as specified in that regulation.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 13 July 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 26 July 2016.
These regulations are administered by the Ministry for Primary Industries.