Animal Welfare (Leg-hold Traps) Order 2007

Animal Welfare (Leg-hold Traps) Order 2007 Anand Satyanand, Governor-General Order in Council At Wellington this 19th day of November 2007 Present: His Excellency the Governor-General in Council Pursuant to section 32 of the Animal Welfare Act 1999, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order. Contents 1 Title 2 Commencement 3 Interpretation 4 Leg-hold traps declared restricted traps 5 Restriction on use of long spring leg-hold traps of size 1½ or larger from 1 January 2009 6 Restriction on use of double-coil spring leg-hold traps larger than size 1½ from 1 January 2009 7 Restriction on use of double-coil spring leg-hold traps of size 1½ from 1 January 2011 8 Restriction on use in certain areas of all leg-hold traps from 1 January 2008 9 Restriction on sale of leg-hold traps of size 1½ or larger from 1 January 2008 10 Approval for use or sale of otherwise restricted trap 11 Application for approval 12 Form of approval 13 Delegation of power to approve 14 Offences under Act Order 1 Title This order is the Animal Welfare (Leg-hold Traps) Order 2007. 2 Commencement This order comes into force on 1 January 2008. 3 Interpretation In this order, unless the context otherwise requires, Act means the Animal Welfare Act 1999 leg-hold trap means a trap with metal jaws, including a long spring or double-coil spring trap, designed with the primary purpose of catching and holding an animal by a limb, including the foot padded trap means a commercially manufactured leg-hold trap that has non-abrasive and durable cushioning material firmly fixed to the contact surfaces of its metal jaws size 1½, in relation to a leg-hold trap, means that the leg-hold trap measures 10.5 centimetres along its closed jaws. 4 Leg-hold traps declared restricted traps Leg-hold traps are declared to be restricted traps in terms of section 32 of the Act. 5 Restriction on use of long spring leg-hold traps of size 1½ or larger from 1 January 2009 No person may, on or after 1 January 2009, use in any area any long spring leg-hold trap of size 1½ or larger, unless the use is pursuant to and in accordance with the conditions of an approval given under clause 10. 6 Restriction on use of double-coil spring leg-hold traps larger than size 1½ from 1 January 2009 No person may, on or after 1 January 2009, use in any area any double-coil spring leg-hold trap larger than size 1½, unless the use is pursuant to and in accordance with the conditions of an approval given under clause 10. 7 Restriction on use of double-coil spring leg-hold traps of size 1½ from 1 January 2011 No person may, on or after 1 January 2011, use in any area any double-coil spring leg-hold trap of size 1½ unless (a) the trap is a padded trap; or (b) the use is pursuant to and in accordance with the conditions of an approval given under clause 10. 8 Restriction on use in certain areas of all leg-hold traps from 1 January 2008 Unless the use of the trap is pursuant to and in accordance with the conditions of an approval given under clause 10, no person may use a leg-hold trap (a) within 150 metres of any dwellinghouse (but excluding a hut on public conservation land) without the express permission of the occupier; or (b) in any area where there is a probable risk of catching a companion animal. 9 Restriction on sale of leg-hold traps of size 1½ or larger from 1 January 2008 No person may, on or after 1 January 2008, sell any leg-hold trap of size 1½ or larger unless (a) the trap is a double-coil spring padded trap of size 1½; or (b) the sale is pursuant to and in accordance with the conditions of an approval given under clause 10. 10 Approval for use or sale of otherwise restricted trap (1) The Minister may, if satisfied of the matters referred to in subclause (2), and subject to any conditions specified by the Minister under subclause (3), (a) approve the use by a specified person or class of persons, in any specified situation or for any specified purpose, of a leg-hold trap whose use would otherwise be prohibited by clause 5, 6, 7, or 8: (b) approve the sale by a specified person or class of persons, in any specified situation or for any specified purpose, of a leg-hold trap whose sale would otherwise be prohibited by clause 9. (2) The Minister may give an approval under subclause (1) only if the Minister considers that (a) approval of the relevant use or sale is in the public interest (including for biosecurity, conservation, public health, or animal health purposes); and (b) No viable alternative is available in the circumstances. (3) The Minister may approve the use or sale of a leg-hold trap under this clause subject to any 1 or more of the following conditions: (a) that the trap be used only for a specified duration: (b) that the trap be used only in a specified area or a specified layout: (c) that the trap be used only to target certain species of animal: (d) that the trap be used only for a specific purpose: (e) that only a specified number or maximum number of traps are used: (f) that the trap be of a specified make, type, or size: (g) that the trap be set in a specified way: (h) that the trap must meet any guidelines set by the National Animal Welfare Advisory Committee: (i) in the case of an otherwise prohibited sale, that the sale be only to a specified person or class of persons: (j) such other conditions as the Minister considers necessary to reduce the risk to animal welfare. (4) The Minister may at any time revoke an approval given under this clause by notifying the person who applied for the approval. 11 Application for approval A person wishing to apply for an approval under clause 10 must (a) apply to the Director-General in a manner approved by the Director-General; and (b) provide all relevant information required by the Director-General. 12 Form of approval An approval under clause 10 must be evidenced in writing or in electronic format. 13 Delegation of power to approve The Minister may not delegate his or her powers under clause 10 to the Director-General in any case where the applicant for the relevant approval is the Director-General or an employee of the Ministry. 14 Offences under Act A person who uses or sells a leg-hold trap in contravention of clause 5, 6, 7, 8, or 9 is liable to prosecution for an offence against section 34 or 35 of the Act, and on conviction is liable to the relevant penalty set out in section 37 of the Act. Rebecca Kitteridge, for Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 22 November 2007. This order is administered by the Ministry of Agriculture and Forestry.