Explanatory note

This Supplementary Order Paper addresses a significant potential loophole in the Bill, where the Minister could recommend the making of non-complying regulations on the basis of an unreasonable impact on New Zealand’s wider economy without being required to consider the animal welfare impact of the regulations. Section 183A(4) provides that the Minister must not recommend the making of non-complying regulations unless satisfied that either or both of section 183A(4)(a) or (c) apply. Section 183A(4)(c) refers to an unreasonable impact on any of 3 things: a particular industry sector within New Zealand, a sector of the public, or New Zealand’s wider economy. However, section 183A(4A) states that the Minister must have regard to the welfare of any affected animals only in deciding whether any impact on a particular sector is unreasonable under section 183A(4)(c). The words “a particular sector” could be interpreted as applying only to a particular industry sector or a sector of the public. The proposed amendment would clarify that the Minister must have regard to the welfare of animals when considering any impact under section 183A(4)(c), including an impact on New Zealand’s wider economy.