April 29, 2009...9:52 am

Animal Welfare Act

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Earlier this month Kathryn Ryan did a really interesting interview with Peter Sankoff on the National program’s Nine to Noon show.  Peter Sankoff is a senior lecturer at  the Auckland University Faculty of Law. Peter  researches and teaches in the areas of Evidence, Criminal Law, the trial process and the relationship between animals and the law. 

I found it interesting because while I knew the Animal Welfare Act wasn’t great (purely by the pathetic sentences given to those found guilty of animal cruelty) I didn’t know how lacking it really is.

During the interview Peter highlighted the shortcomings of the Act and disputes that we have the best protection for animals in the world as continually stated by the Minister of Agriculture. While on the surface the Act seems to do what it is supposed to, its the detail that shows its shortcomings.

For example the Act states that we shouldn’t impose pain and suffering on animals unless absolutely necessary but we continue to allow industrial practices such as battery farming and sow crates.  Animals which are hunted or animals considered pests are exempt from the any  rights under the animal welfare act.

This is sickening to me.  I can’t believe that if we have deemed an animal ok to hunt, exterminate or farm it isn’t worthy of protection from cruelty while it is alive. Who can be happy with that? Certainly not me.

Peter also raises a contradiction in the Act regarding feral versus domestic. A domestic cat is protected under the companion animal laws but a feral cat has no rights under our current legislation, so you can do whatever you want to a feral cat and not be prosecuted. Again this is crazy.

Peter  highlighted the absence of funding that goes towards investigating and prosecuting cases of animal cruelty. This is currently completely funded by the SPCA. Not ONE dollar of government funding is put toward protecting animals, and when these cases are prosecuted we continually see the feeble sentences handed out to those found guilty.

 New Zealanders do love their animals and our laws are not demonstrating that. The Government are suggesting they are doing a great job of protecting our animals but Peter disputes that, (and I agree with him) and he wants to see a national dialogue started about the way we think our animals should be treated and the Act revisited.

Peter Sankoff and Steven White have written a book ‘Animal Law in Australsia‘ which can be ordered from www.federationpress.com.

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