Out of scope
Animal welfare
12. We are very pleased that it is intended that the proposed Emergency Management Bill will
under the Official Information Act 1982
address the issue of seizing animals that are under threat because of an emergency event.
We think that the changes should be made in the Bill as it is more appropriate here as the
policy rationale is the emergency nature of the activity.
Power to rescue animals
13 The Emergency Management Bill
seems the best fit – the rationale for expanding search and
seizure powers is the emergency nature of the event, rather than it being a more normal
animal welfare matter.
Released
14. Amending the Animal Welfare Act for this purpose could have legal implications – the entry
to property, search, and seizure provisions of the Animal Welfare Act have been the subject
of extensive commentary by the Courts and careful consideration would be required to
develop a bespoke regime that did not interfere with judicial interpretation of the other
provisions in a way that would create legal risk for MPI’s compliance operations and
3
prosecutions. That careful consideration is not possible in the time available here. This
proposal would also have resourcing implications for MPI because it requires Policy
resourcing, prioritisation, etc.
Animal welfare – position of animals as property under CDEM Act
15. The paper does not deal with the issue MPI raised about the position of animals under the
CDEM Act generally. The implications of this are not new – it is an existing problem. The
implication is that we miss a chance to fix that existing problem and make the legislation
“work” better for MPI, for animals, animal owners, and for animal rescue or welfare
organisations.
16. Our legal team are keen to discuss further with DPMC – please liaise with 9(2)(a)
.
MPI Legal.
Out of scope
under the Official Information Act 1982
Released