link to page 3 link to page 4 link to page 5 link to page 5

link to page 16 link to page 16 link to page 16 link to page 17 link to page 18 MPI/SPCA Liaison ............................................................................................................................... 16
Application of the Oﬃcial Information Act 1982 ......................................................................... 16
Annual auditing of SPCA Activities ............................................................................................... 16
Relevant Acts ...................................................................................................................................... 17
Signatures ........................................................................................................................................... 18

1982

Act

Information

Official

the

under

Deﬁnitions
These  deﬁnitions  are  for  the  purposes  of  the  Royal  New  Zealand  SPCA  (SPCA)  Performance  and
Released
Technical Standards for Inspectors (PTS). The Animal Welfare Act 1999 (section 2) provides a detailed
list of additional deﬁnitions that Inspectors may need to be aware of.
Act means the Animal Welfare Act 1999.
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Approved organisation means an organisation declared by the Minister, under section 121(1) of the
Animal Welfare Act 1999, to be an approved organisation for the purposes of the Act.
Auxiliary Oﬃcer means a person belonging to, in the employment of, or otherwise associated with
SPCA, who is appointed as an Auxiliary Oﬃcer under section 125(1) of the Animal Welfare Act 1999
on the recommendation of SPCA.
Certiﬁcate of Appointment means the identity card issued by the Ministry for Primary Industries
(MPI) and used by an Inspector in the course of his/her duties and satisﬁes the standard for proof of
appointment and identity (s128 AWA).
1982
Deputy Director-General means the Deputy Director-General who is responsible for the Compliance
and Governance Branch within MPI.
Director-General means the Director-General of MPI.
Act
Inspector means a person belonging to, in the employment of, or otherwise associated with SPCA,
who  is  appointed  as  an  Inspector  under  section  124(2)  of  the  Animal  Welfare  Act  1999  on  the
recommendation of SPCA.
Instrument of Appointment means the signed letter of appointment issued by MPI appointing an
Inspector under section 124(2) of the Animal Welfare Act 1999.
Minister  means  the  Minister  for  Primary  Industries  (formerly  the  Minister  of  Agriculture  and
Forestry).
MoU means a document recording the relationship, including expectations and obligations, between
Information
SPCA and MPI.
MPI means the Ministry for Primary Industries.
MPI Compliance Directorate means the directorate within MPI responsible for responding to, and
investigating,  complaints  under  the  Animal  Welfare  Act  1999.  Has  the  role  of  maintaining  the
relationship with SPCA including the appointment process.
Official
Production animal means an animal on farms in New Zealand farmed typically but not exclusively for
commercial purposes.
PTS means the performance and technical standards approved by SPCA Board and approved by the
the
Director-General of MPI. Note that the Director-General has currently delegated this power to the
National Manager Animal Welfare and NAIT Compliance.
SPCA means the Royal New Zealand Society for the Prevention of Cruelty to Animals Incorporated,
an  approved  organisation  for  the  purposes  of  the  Animal  Welfare  Act  1999  and  includes  SPCA
under
Centres.
SPCA Centre means a regional centre facility of SPCA.
SPCA National Oﬃce means the administrative body of SPCA whose purpose is to provide support to
SPCA  Inspectorate  and  is  responsible  for  issuing  Inspector  appointments  and  other  approved
organisation functions.
Veterinarian means a veterinarian or specialist who is a registered person and who holds a current
practising certiﬁcate (as deﬁned in section 4 of the Veterinarians Act 2005).
Introduction
Released
1.
This PTS supersedes those signed on 14 May 2019 and any earlier versions.
2.
Section 126 of the Act states:

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126. Inspectors and auxiliary oﬃcers to act under direction of Director-General
1)  Al   Inspectors  and  auxiliary  oﬃcers  must  act  under  the  direction  of  the
DirectorGeneral  in  the  exercise  and  performance  of  the  powers,  duties,  and
functions conferred or imposed on them under this Act.
2)  In  the  event  of  any  conﬂict  arising  between  the  powers,  duties,  and  functions
conferred or imposed on an inspector or auxiliary oﬃcer, as the case may be, as an
employee  or  member  of  an  approved  organisation  and  the  powers,  duties,  and
functions conferred or imposed on that inspector or auxiliary oﬃcer under this Act,  1982
the powers, duties, and functions conferred or imposed on that inspector or auxiliary
oﬃcer under this Act prevail.

Act
3.
This PTS deﬁnes the standards for Inspectors. They cover:
(a)  The selection, training and appointment of Inspectors appointed by the Minister under
the Act on the recommendation of SPCA;
(b)  The conduct of Inspectors in exercising their powers, duties and functions under the Act;
(c)  The enforcement of the provisions of the Act; and
(d)  Expectations around accountability arrangements of an SPCA Inspector.

Information
Review of PTS
4.
The provisions of this PTS shal  not be altered in any way without the written agreement of
both parties.
5.
Any modiﬁcations or alterations must ﬁrst be approved by both SPCA (via the SPCA CEO) and
Official
MPI, in writing, before they are implemented.
6.
This PTS shal  be reviewed no later than 2 years from the date they were signed.

the

Role of the Minister, MPI and SPCA
Minister
under
7.
The Minister is the person accountable for the administration of the Act.

MPI
8.
MPI administers the Act.
9.
The Director-General is accountable to the Minister for the eﬀective delivery of animal welfare
enforcement services.
Released
10.  The Minister, under section 124(2) of the Act, may, on the recommendation of an approved
organisation, appoint persons to be Inspectors under the Act for the purposes of administering
and enforcing the provisions of the Act.
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11.  The Minister, under section 124(6)(b) of the Act, may remove an Inspector from oﬃce.
12.  The Minister has currently delegated the powers of appointment and removal of Inspectors to
the Director-General, who has sub-delegated these powers to the Deputy Director-General
Compliance and Governance, who in turn has sub-delegated these powers to the Director of
Compliance Services and the National Manager Animal Welfare and NAIT Compliance.

SPCA
13.  Under section 189 of the Act, SPCA is an approved organisation for the purposes of the Act.
1982
14.  SPCA and MPI have established this PTS.
15.  SPCA shall ensure that all SPCA Centres, Inspectors and Auxiliary Oﬃcers comply with relevant
Act
provisions of the Act, the MoU and any PTS.
16.  All SPCA Centres, Inspectors and Auxiliary Oﬃcers are accountable to the SPCA CEO for such
compliance.
17.  SPCA  shall  also  maintain  adequate  and  eﬀective  governance  arrangements,  ﬁnancial
management arrangements and management accountabilities, in terms of the criteria under
section 122 of the Act

Information
Selection and Appointment
General Criteria
18. In this section, the following criteria apply to all applications at each step of the appointment
process:
(a)  SPCA shall be responsible for ensuring that written authorisation has been obtained from
Official
every applicant for the col ection, use and disclosure by MPI, SPCA, the New Zealand
Police or other relevant persons, of personal information about the applicant for the
purposes of considering applications for appointment and reappointment of Inspectors
the
and Auxiliary Oﬃcers under the provisions of the MoU, the Act and the PTS.
(b)  Applications wil  include requests for relevant information to ensure the applicant has
the technical expertise and experience to be able to exercise competently the powers,
duties and functions conferred or imposed on Inspectors under the Act. This includes
under
consents to disclosure of information from previous employers and the New Zealand
Police or Ministry of Justice.
(c)  SPCA will undertake New Zealand Police or Ministry of Justice checks of all applicants at
each appointment.
(d)  No  person  shal   be  appointed  as  an  Inspector  until  training  has  been  undertaken  in
accordance  with  an  Inspector  Training  Programme  that  is  approved  by  the  Manager
Animal Welfare and NAIT Compliance.
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(e)  Any changes to any forms or their content must be approved by both SPCA and MPI prior
to implementation.
(f)  MPI reserves the right to apply conditions to any ﬁrst or renewed appointment, either
upon recommendation from SPCA or through their own assessment
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(g)  The Appointing Oﬃcer is currently MPI, which is delegated to appoint Inspectors under
section 124(2) of the Act.
(h)  Subject to suitability, the general policy of both MPI and SPCA is that a ﬁrst appointment
wil  be for a period of 12 months and any renewal wil  be for a period of 3 years.

Criminal Convictions
19.  The general policy of SPCA is that applicants who have been convicted of committing a criminal
oﬀence/s  are  unlikely  to  be  suitable  for  appointment  as  Inspectors.  SPCA  may  therefore  1982
consider that applicants with a criminal history are unsuitable for recommendation.
20.  The results of the criminal history check are supplied to MPI in order to determine suitability.
Act
21.  SPCA, in consultation with MPI, may give consideration, on a case by case basis, to applicants
who  have  convictions  for  aged  and/or  minor  matters.  Such  considerations  shal   not  be
considered as precedent setting.
22.  Inspectors who receive any criminal convictions during the term of their appointment must
disclose these to SPCA immediately.
23.  Upon receipt of notiﬁcation of any criminal conviction incurred by an Inspector during his/her
term of appointment, SPCA shall review the continuance of that appointment, and notify and
consult with MPI.
Information

Agreement between SPCA and its Inspectors
24.  SPCA  shal ,  with  respect  to  each  person  who  is  to  be  appointed  an  Inspector  on  the
recommendation  of  SPCA,  enter  into  an  agreement  with  him  or  her  before  he  or  she  is
appointed. The agreement shal  be to the fol owing eﬀect:
Official
(a)  That person shall comply with all obligations pertaining to Inspectors set out in the MoU
(including any modiﬁcations);
the
(b)  That  person  acknowledges  that  SPCA  intends  to  fulﬁl  the  requirements  of  the  MoU
(including any modiﬁcations);
(c)  That person shall be accountable to SPCA for his or her compliance with all requirements
of the PTS including his or her performance standards and procedural correctness;
under
(d)  That person authorises SPCA, MPI and all other relevant persons to collect, use, and
disclose  relevant  personal  information  about  that  person  in  accordance  with  the
provisions of the MoU (including any modiﬁcations) for any purpose set out in the Act or
the PTS; and
(e)  That person shall take all such steps as SPCA reasonably considers necessary and requires
of him or her in order for SPCA to fulﬁl these requirements.

Released
Application for First Appointment as Inspector
25.
SPCA shall supply to the National Manager Animal Welfare and NAIT Compliance via the MPI
Approvals  &  Statutory  Appointments  team  the  following  information  in  relation  to  an
application for appointment of an Inspector:
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(a)  Inspector Application Form;
(b)  An assessment of the applicant’s ability to perform the role of an Inspector;
(c)  Details of reference checks carried out;
(d)  Supporting evidence of the completion of a MPI approved training programme, in the
form of a certiﬁcate or written conﬁrmation verifying that training was completed and
that the candidate achieved a satisfactory level of performance in training;
(e)  MPI Application for Appointment Form;
1982
(f)  Identiﬁcation Card Form;
(g)  A  passport-size  colour  photograph  or  digital  image  of  the  applicant;  (h)  Consent  to
Act
Disclosure of Information Forms:
•  Previous Employers
•  New Zealand Police or Ministry of Justice Check;
(a)  Results of New Zealand Police or Ministry of Justice Check;
(b)  Record of Learning (private students); and (c) Details of additional
training completed.
26.
SPCA may ask MPI to interview an applicant on SPCA's behalf.
Information
27.
MPI reserves the right to request additional information or to interview the applicant or any
other  person  regarding  the  applicant  as  may  be  required.  In  this  case,  MPI  wil   bear  the
interview costs.
28.
In  general,  MPI  will  process  appointment  applications  within  10  working  days  of  receipt,
subject to al  information being in order.
Official
29.
The  initial  appointment  is  for  a  12-month  term.  During  this  term,  SPCA  must  monitor  the
applicant's performance closely in order to determine suitability for further appointment.
the

Appointment Agreement
30.
Prior  to  receiving  a  Certiﬁcate  of  Appointment  and  an  Instrument  of  Appointment,  every
Inspector must sign the Terms of Appointment, which is a binding agreement between that
under
Inspector and SPCA (see above).
31.
The agreement sets conditions of appointment as an Inspector, and in signing it the Inspector
agrees, for the tenure of his/her appointment, to:
(i)  Serve without favour or prejudice;
(j)  Discharge his/her duties to the best of his/her knowledge and skil ;
(k)  Discharge his/her duties according to the law;
Released
(l)  Use his/her best endeavours to comply with, and give eﬀect to, this PTS when exercising
his/her functions, duties or powers under the Act; (m) Accept lawful direction; and (n)
Undertake training.
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32.
A copy of the agreement is to be held at SPCA.
33.
An original Instrument of Appointment will be retained in a secure place by MPI. Two certiﬁed
copies and an original Certiﬁcate of Appointment will be issued by MPI to SPCA in respect of
each Inspector appointed under the Act.
34.
No person who has been appointed by SPCA wil  exercise the powers or duties of an Inspector
without a valid Instrument of Appointment, or outside the term of his/her appointment as
speciﬁed in the Instrument of Appointment.
35.
Any person who knowingly exercises the powers or duties of an Inspector without a valid  1982
Instrument of Appointment, or outside the term of his/her appointment as speciﬁed in the
Instrument of Appointment, wil  be subject to review by MPI. This may aﬀect the eligibility of
that person for reappointment.
Act
36.
SPCA  is  responsible  for  ensuring  that  all  Inspectors  under  their  management  hold  a  valid
Instrument of Appointment at al  times in the course of performing their duties.
37.
MPI  may  withdraw  the  initial  appointment  of  an  Inspector  or  Auxiliary  Oﬃcer  under  this
clause at any time during the period of the appointment on the recommendation of SPCA or
at MPI’s own discretion, for incapacity aﬀecting the performance of duty, neglect of duty, or
misconduct proved to the satisfaction of MPI’s National Manager Animal Welfare and NAIT
Compliance. For these purposes, failure to complete the approved training course, including
being  removed  or  leaving  the  course,  may  constitute  such  incapacity  aﬀecting  the
performance of duty.
Information

Application for Renewed Appointment as Inspector
38.
Inspectors must satisfactorily complete any required training as set by SPCA, in order to be
eligible to receive a renewed appointment.
Official
39.
A renewal interview of the applicant will be carried out to assess the Inspector's ongoing
suitability. This interview wil  be conducted by a senior member of SPCA Inspectorate
the
40.
Successful applications will be forwarded from SPCA National Oﬃce to MPI for approval at
least 10 working days prior to the expiry of the appointment. Late applications should be
advised promptly to the National Manager Animal Welfare and NAIT Compliance via SPCA.
MPI will not backdate renewals of appointments.
41.
It is the general policy of MPI that a renewal appointment be issued to an Inspector for three
under
years, al owing the Inspector to act for the general purposes of the Act general y throughout
New Zealand.
42.
Applicants are subject to an assessment of the Inspector’s performance, functions and duties.
by a senior member of the SPCA inspectorate and approval for appointment by the Manager
Animal Welfare and NAIT Compliance
43.
Documentation to be supplied to MPI upon application for renewed appointment:
(a)  Recommendation for Renewed Appointment Form — completed by SPCA (Form F);
Released
(b)  MPI Application for Appointment Form;
(c)  Results of New Zealand Police or Ministry of Justice Check; and (d) Details of training
completed.
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44.
SPCA may ask MPI to interview an applicant on SPCA's behalf.
45.
MPI reserves the right to request additional information or to interview the applicant or any
other  person  regarding  the  applicant  as  may  be  required.  In  this  case,  MPI  wil   bear  the
interview costs.
46.
In  general,  MPI  will  process  appointment  applications  within  10  working  days  of  receipt,
subject to al  information being in order.

Jurisdiction of Appointment
1982
47.
The Instrument of Appointment will indicate where the Inspector is allowed to operate in
accordance with section 124(3)(b)(i) of the Act.
Act
48.
For  those  Inspectors  holding  an  SPCA  Instrument  of  Appointment,  this  means  that  their
appointment is valid anywhere within New Zealand in accordance with section 124(3)(b)(i )
of the Act.
49.
Inspectors  will  not  use  their  appointment  for  any  other  form  of  employment  including
voluntary, without the express written permission of SPCA.

Lapsed Appointments
Information
50.
Where  an  Inspector's  appointment  has  lapsed  for  a  period  of  less  than  12  months,  the
applicant may not necessarily be required to undertake refresher training upon an application
for reappointment.
51.
MPI  will  make  the  ﬁnal  decision  on  the  requirement  for  refresher  training  where  an
Inspector's appointment has lapsed for a period of less than 12 months.
Official
52.
Al  other applications are considered by SPCA and a recommendation made to MPI. The ﬁnal
decision is made by MPI.

the
Resignation
53.
Any Inspector resigning from oﬃce must comply with section 124(6)(c) of the Act, which
states that he/she "may resign his or her oﬃce by giving written notice to that eﬀect to the
Minister".
under
54.
SPCA National Oﬃce wil  then forward these documents to MPI within 5 working days of
receipt.

Removal from Oﬃce
55. SPCA may recommend to the National Manager Animal Welfare and NAIT Compliance that an
Inspector be removed from oﬃce by reason of incapacity, neglect of duty or misconduct.
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Training
Criteria and Selection of Applicants for Inspector Training
56.
If an applicant is a new employee and the intent is to appoint him/her as an Inspector, the
applicant's employment agreement must include a provision stating that eligibility for, and
timely  completion  of,  the  prescribed  Inspector  training  is  a  condition  of  the  applicant's
appointment.
57.
If  the  applicant  is  an  existing  employee,  the  applicant's  appointment  is  conditional  on
satisfactory completion of the prescribed Inspector training.
1982
58.
In order for an applicant to be selected to train as an Inspector, he/she must:
(a)  Be of sound mind;
Act
(b)  Have a clear criminal record, although speciﬁc circumstances may be considered (see
“Criminal Convictions”);
(c)  Hold New Zealand citizenship or residency, or a valid work permit;
(d)  Have  no  aﬃliations  or  involvement  which  may  adversely  aﬀect  SPCA  brand  or
compromise the welfare of animals;
(e)  Be computer literate; and
(f)  Have the ability to learn and attain the necessary knowledge and skil s.
Information
59.
SPCA wil  select suitable candidates who meet the above criteria for training as an Inspector.

Inspector Training Programme
60.
No  person  shal   be  appointed  as  an  Inspector  until  training  has  been  undertaken  in
Official
accordance with an Inspector Training Programme that is approved by the National Manager
Animal Welfare and NAIT Compliance.
61.
SPCA is responsible for covering the cost of training applicants
the
62.
Applicants  must  successfully  complete  all  training  required,  unless  MPI  has  granted  a
dispensation.
63.
The applicant must successful y complete training within the time frames speciﬁed, unless
otherwise agreed with MPI.
under
64.
SPCA  shall  provide  to  the  National  Animal  Welfare  Compliance  Manager  evidence  that
training has been completed to an acceptable standard prior to appointment as an Inspector.
65.
In general, on receipt of written advice that the applicant has been assessed as "competent'
in all aspects of the training, SPCA may apply for an initial 12-month appointment for that
Inspector.

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Records
Documentation
66.
SPCA  will  retain  copies  of  all  documentation  relating  to  the  application,  training  and
performance of Inspectors.
67.
This information includes: (a) Current Inspectors;
(b)  Applicants in training;
(c)  Past Inspectors;
1982
(d)  Inspectors' training records;
(e)  Applicants who have failed to complete their training; and
Act
(f)  Applicants who have withdrawn, or have been declined or removed from oﬃce.
68.
Correspondence relating to Inspectors wil  be retained on the individual Inspector ﬁles.
69.
MPI will hold all original application details for both ﬁrst and renewed appointments.
70.
All information provided to MPI is oﬃcial information and is subject to the Oﬃcial Information
Act 1982.
71.
If a request is made under the Oﬃcial Information Act 1982 for information provided in the
application for appointment as an Inspector, MPI wil  general y withhold such information
Information
under the withholding provisions of that Act. However, MPI must consider any such request
on an individual basis taking into account its obligations under the Oﬃcial Information Act
1982 and any other applicable legislation such as the Privacy Act 2020.

Return of Certiﬁcate of Appointment and Instrument of Appointment
Official
72.
Inspectors must comply with section 124(6)(d) of the Act. Inspectors must on the expiration
of the term of his or her appointment, or on the expiry of his or her appointment by removal
from oﬃce or resignation; surrender to the Minister his or her instrument of appointment.
the
73.
If an Inspector resigns or is removed from oﬃce, both his/her Certiﬁcate of Appointment and
any certiﬁed copy of the Instrument of Appointment must be returned to the SPCA manager
within 7 working days.
74.
SPCA, as the approved organisation that recommended the Inspector, wil  then return the
under
Certiﬁcate of Appointment and Instrument of Appointment to MPI National Manager Animal
Welfare and NAIT Compliance.
75.
If the Inspector refuses to surrender his/her Certiﬁcate of Appointment, SPCA wil  advise the
National Manager Animal Welfare and NAIT Compliance immediately.
76.
MPI wil  then take al  further steps to recover the Certiﬁcate of Appointment.

Released
Lost Certiﬁcates of Appointment
77.
If the Inspector has lost his/her Certiﬁcate of Appointment, he/she wil :
(a)  Immediately report the Certiﬁcate of Appointment as lost to his/her local Police Station;
and
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(b)  Inform SPCA in writing of the circumstances in which the loss occurred and conﬁrm that
the loss has been reported to his/her local Police Station.
78.
SPCA wil  promptly notify MPI of any lost Certiﬁcates of Appointment.
79.
On receipt of the above information, MPI Approvals & Statutory Appointments team wil
reissue a Certiﬁcate of Appointment for the same appointment period as detailed on the
original appointment.
80.
A replacement Certiﬁcate of Appointment will be issued within 7 working days of receipt of
the request at MPI.
1982
81.
MPI wil  forward the replacement Certiﬁcate of Appointment to SPCA National Oﬃce, who
wil  in turn forward it to the Inspector.
Act

Inspector Misconduct
Exercise of Powers outside Term of Appointment
82.
It is an oﬀence under the Act (section 160) to impersonate an Inspector.
83.
SPCA National Oﬃce will advise the National Manager Animal Welfare and NAIT Compliance
immediately if it becomes aware that any Inspector or other person in the service of SPCA
Information
has al egedly exercised powers which he/she does not have.
84.
A person who knowingly exercises the powers of an Inspector outside the term of his/her
appointment, as speciﬁed in the Instrument of Appointment, shal  be subject to review by
MPI. This review may aﬀect the eligibility of that person for appointment or reappointment.

Official
Complaints against Inspectors
85.
The Minister may remove an Inspector from oﬃce at any time. Accordingly, all Inspectors
the
have  a  special  and  valuable  relationship  with  the  Minister,  which  SPCA  safeguards  and
administers through SPCA’s Inspectorate Management.
86.
If SPCA receive a serious complaint concerning an Inspector, or have serious concerns about
the conduct or behaviour of an Inspector in the performance of his/her duties, al  details
should be fully recorded, including full contact details of any complainant.
under
87.
SPCA must have in place a process to handle complaints regarding the actions/conduct of
Inspectors. This process must be compliant with employment law, the Privacy Act 2020, and
other associated legislation and principles of procedural fairness.

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Animal Welfare Complaints
The Response and Investigation Process
88.  SPCA  must  have  a  documented  response  and  investigation  process.  Including  policies  and
procedures which are adhered to by Inspectors when responding to complaints or conducting
proactive work.

Euthanasia
1982
89.  SPCA  must  have  in  place  a  policy,  procedures  and  guidelines  for  Animal  Euthanasia  which  is
adhered to by al  SPCA staﬀ when carrying out this procedure. Refer to the SPCA Animal
Euthanasia  Policy.  The  reasons  for  euthanasia  and  the  Inspector/Auxiliary  Oﬃcer  or
Act
veterinarian authorising the euthanasia must be documented for each animal.

Search Warrants
90.  SPCA must have in place a policy and procedure for search warrants which is adhered to by
Inspectors  when  applying  for  and  executing  a  search  warrant.  Refer  also  to  the  Exhibit
Handling, Storage and Movement procedure.

Information
Prosecution Procedure
91.
SPCA must have in place a policy and procedure for prosecutions.

Infringement Notice Procedure
Official
92. SPCA must have in place a procedure for the issuing of infringement notices under the Act and its
associated regulations. This procedure must detail the process for the issuing of infringement
notices and the responsibilities of SPCA and MPI in relation to this process.
the

Receipt of Complaint
93.  Complaints that are clearly the domain of MPI as speciﬁed in the MoU (e.g. greater than 30
production animals) should be redirected to MPI unless the complainant speciﬁcal y objects
under
to this.

Limitations
94. SPCA Inspectors must observe the requirements of the MoU section 3.4 to ascertain whether the
complaint should be transferred to MPI.

Released
Supersession Policy
95.
Both SPCA and MPI should, with some minor exceptions, take complaints according to the
agreed areas of responsibility as referred to in the MoU.
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96.
In the event that either MPI or SPCA believes that a member of the other agency may already
have received or be working on a complaint, contact with that person or agency must be
made to avoid duplication or interference.
97.
In the event that both MPI and SPCA have been advised separately of the same animal welfare
complaint,  the  agency  that  should  investigate  the  complaint  is  the  agency  that  was  ﬁrst
notiﬁed of the complaint.
98.
If both agencies wish to pursue the same complaint, the matter should be resolved in line
with the MoU.
1982
99.
Any transfer of complaints from one agency to the other for investigation shall be carried out
in accordance with SPCA Procedure – MPI Job Transfers. Where a complaint is transferred
from  one  agency  to  the  other,  the  agency  accepting  the  transfer  shal   assume  ful
Act
responsibility for the investigation, including costs, from the date of the transfer only.

Information Files
100.  SPCA must ensure that records pertaining to a complaint, investigation or animals within their
custody are retained in accordance with the Public Records Act 2005 and the Animal Welfare
Act 1999.
101.  SPCA must store al  records and evidence in a manner that wil  respect the conﬁdentiality of
the information and the privacy of the individuals involved.
Information
102.  SPCA  shall  provide  to  MPI,  on  written  request,  details  of  any  animal  welfare  complaint
investigation carried out by SPCA. Such a request by MPI must stipulate the reason(s) this
information is required.
103.  MPI shal  report to SPCA on the outcome of any action it takes arising from such a request
being fulﬁlled.
Official
104.  To support the col aborative partnership arrangement between MPI and SPCA, where SPCA
requests any information from MPI, MPI wil  endeavour to supply that information to SPCA
the
as  quickly  as  possible  provided  it  is  within  accordance  with  the  provisions  of  relevant
legislation.
105.  MPI wil  consult with SPCA in responding to requests that MPI receive under the Oﬃcial
Information Act 1982 that concern information about SPCA.

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Policies
Policy and Procedure Manual
106.  Al   SPCA  Inspectors must  have access  to  up-to-date  online Policy  and  Procedure  Document
Suites. These documents must be available for reference at al  times and must be complied
with by all staﬀ/volunteers.

Impartiality
1982
107.  Inspectors  must  be  careful  not  to  publicly  participate  in  any  activity  that  could  be  seen  to
jeopardise their impartiality when carrying out their duties.

Act
Privacy
108.
Inspectors must fol ow the requirements of the Privacy Act 2020.

MPI/SPCA Liaison
Application of the Oﬃcial Information Act 1982  Information
109.
Inspectors need to be aware of the fol owing:
(a)  MPI is bound by the requirements of the Oﬃcial Information Act 1982.
(b)  SPCA is not bound by the requirements of the Oﬃcial Information Act 1982.
(c)  MPI will consult with SPCA (via the Privacy Oﬃcer, the National Inspectorate Manager
Official
and/or the CEO) in responding to requests under the Oﬃcial Information Act 1982 that
concern information about SPCA and its Inspectors and Auxiliary Oﬃcers.

the
Annual auditing of SPCA Activities
110.  MPI shal  conduct an annual audit of SPCA by agreement with SPCA, relating to:
(a)
Selection and training of Inspectors;
under
(b)
The process for appointment of, or renewal of the appointment of Inspectors;
(c)
Compliance with the relevant sections of the Act, the PTS and the MoU; (d) SPCA
accountability  arrangements,  ﬁnancial  arrangements  and  management;  and  (e)
Documentation relating to animal welfare complaint investigations.
111.  MPI shal  give reasonable notice of its intention to audit SPCA.
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112.  MPI  shal   provide  the  opportunity  for  SPCA  to  respond  to  the  initial  audit  ﬁndings  and
comment on a draft audit report.
113.  SPCA shall be responsible for ensuring that any major non-compliances in the ﬁnal audit
report are addressed.
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114.  MPI shall supply written audit reports for each audit within two months of the audit being
carried out.
115.  SPCA shal  provide MPI with a progress report on resolving any major non-compliances in the
audit ﬁndings, within four months of the ﬁnal audit report being supplied. The report shal  be
directed to the National Manager Animal Welfare and NAIT Compliance.
116.  SPCA shall, at its cost, make available staﬀ to provide reasonable assistance with the audit.
Al  other costs and expenses of auditors engaged by MPI wil  be the responsibility of MPI.

1982

Relevant Acts
Act
117.  The  following  Acts  (including  any  amendments)  are  directly  relevant  to  the  role  of  the
Inspector. Inspectors should have an awareness of the provisions within these Acts that are
relevant to their roles.
(a)  Animal Welfare Act 1999.
(b)  Oranga Tamariki Act 1989.
(c)  Criminal Disclosure Act 2008.
(d)  Criminal Procedure Act 2011 (e) Dog Control Act 1996.
Information
(f)  Evidence Act 2006.
(g)  Marine Mammals Protection Act 1978.
(h)  New Zealand Bil  of Rights Act 1990.
(i)  Privacy Act 2020.
Official
(j)  Search and Surveillance Act 2012.
(k)  Summary Proceedings Act 1957.
the

118.  The fol owing Acts (including any amendments) are relevant for additional information:
(a)  Agricultural Compounds and Veterinary Medicines Act 1997.
under
(b)  Arms Act 1983.
(c)  Biosecurity Act 1993.
(d)  Crimes Act 1961.
(e)  Impounding Act 1955.
(f)  Oﬃcial Information Act 1982.
(g)  State Sector Act 1988.
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(h)  Trade in Endangered Species Act 1989.
(i)  Veterinarians Act 2005.
(j)  Wild Animal Control Act 1977.
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(k)  Wildlife Act 1953.

Signatures

1982

Act
Signed on behalf of MPI by

Gary Orr, Director Compliance Services,
pursuant to authority delegated by the
Director-General

Date 1 December 2021

Signed on behalf of SPCA by
Andrea Midgen, Chief Executive Oﬃcer
Information

Date 30th November 2021
Official
the
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Document Outline