3 Apr 2023
ROYAL NEW ZEALAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS v MURRAY [2023] NZHC 712
- Citation
- [2023] NZHC 712
- Court
- High Court
The appeal is dismissed: the Court holds that s136 of the Animal Welfare Act does not permit the RNZSPCA to use s163 of the Search and Surveillance Act to obtain disposal orders for animals once the RNZSPCA has decided not to prosecute, because SSA s151 requires return of seized property after a no-prosecution decision and the scope of 'necessary modification' is insufficient to abrogate private property rights or override the express SSA/AWA disposal regime; alternative remedies (enforcement orders, s130 notices, compliance mechanisms) remain available though imperfect.