New Zealand Case Law: Decisions & Judgments

Topic

Codes of welfare

Legal area

Court

13 Nov 2020

THE NEW ZEALAND ANIMAL LAW ASSOCIATION v THE ATTORNEY-GENERAL [2020] NZHC 3009

Citation

[2020] NZHC 3009
Court

High Court

Regulations 26 and 27 and minimum standards 10 and 11 were declared unlawful and invalid because they permitted long‑term continuation of practices that had previously been treated as non‑compliant without employing the transitional regime Parliament enacted in 2015 (s183A(2)); making those provisions under s183A(1) circumvented Parliament's purpose and exceeded the lawful scope of the regulation‑making power.
11 Sept 2020

THE NEW ZEALAND ANIMAL LAW ASSOCIATION v THE ATTORNEY-GENERAL [2020] NZHC 2376

Citation

(2020) 25 PRNZ488
Court

High Court

The Judge held that although NZ Pork provided sufficiently particular reasons under r 11(2)(c) and the absence of proposed protective conditions under r 11(2)(d) was not fatal, the balancing required by rules 12 and 13 favoured protecting privacy and the orderly administration of justice over disclosure to a private non‑party pursuing its own interests; accordingly access to the applicants' submissions and affidavits was refused while access to the formal court record and the statement of claim was granted (subject to redactions).
18 Sept 2019

DE VERE v AUCKLAND SPCA [2019] NZHC 2355

Citation

[2019] NZHC 2355
Court

High Court

The High Court held the prosecution proved beyond reasonable doubt that the appellant was exercising authority over the two dogs while subject to a disqualification order and that she breached s10/s12 by failing to meet minimum standards in the Dogs Code (overgrown nails, severe matting, urine scalding and behavioural distress); s13 makes non‑compliance with the Dogs Code rebuttable evidence of breach; given prior conviction and lack of insight the imposed sentence (12 months supervision with conditions, 80 hours community work, ten‑year disqualification, payment of costs) was not manifestly…

New Zealand Case Law

THE NEW ZEALAND ANIMAL LAW ASSOCIATION v THE ATTORNEY-GENERAL [2020] NZHC 3009

THE NEW ZEALAND ANIMAL LAW ASSOCIATION v THE ATTORNEY-GENERAL [2020] NZHC 2376

DE VERE v AUCKLAND SPCA [2019] NZHC 2355