The offences
Please note, we have set out the main points of the more relevant offences here, but there are additional legal provisions that we haven't covered, and which would have to be taken into account to get a full understanding of what the Ordininance has to say.
Also, there are many exemptions and exceptions to these offences provided by the law, but to include all of them here would probably be confusing, so please bear that in mind as you go. See the last section here for an outline of the more important exceptions.
Also, there are many exemptions and exceptions to these offences provided by the law, but to include all of them here would probably be confusing, so please bear that in mind as you go. See the last section here for an outline of the more important exceptions.
Cruelty
The very first section of the Ordinance sets out the offence of cruelty to animals, and is extremely wide in scope; it has been designed to embrace the many possible ways in which animals can suffer at the hands of humans.
It is an offence if a person's act, or failure to act, causes or is likely to cause an animal to be killed, injured, ill-treated or to suffer unecessarily. So apart from the offence being committed by someone who actively does something to cause the suffering, it can also be committed by someone failing to act in some way, which thus causes the suffering.
Significantly, the long overdue additional protection that this new law brings is the word "likely", so now action can be taken before the animal actually suffers - the offence is complete if an animal is "likely" to suffer.
If you want to delve more deeply into this offence, click here, but beware, it gets technical.
The very first section of the Ordinance sets out the offence of cruelty to animals, and is extremely wide in scope; it has been designed to embrace the many possible ways in which animals can suffer at the hands of humans.
It is an offence if a person's act, or failure to act, causes or is likely to cause an animal to be killed, injured, ill-treated or to suffer unecessarily. So apart from the offence being committed by someone who actively does something to cause the suffering, it can also be committed by someone failing to act in some way, which thus causes the suffering.
Significantly, the long overdue additional protection that this new law brings is the word "likely", so now action can be taken before the animal actually suffers - the offence is complete if an animal is "likely" to suffer.
If you want to delve more deeply into this offence, click here, but beware, it gets technical.
Abandonment
To back up the cruelty offence, the Ordinance also includes the situation where a person abandons an animal in circumstances likely to cause it to be killed, injured or to suffer. It goes on to state that if the person abandons the animal on someone else's land, he will be liable for any damage it causes and for the cost of dealing with the animal, such as catching it and treating it.
To back up the cruelty offence, the Ordinance also includes the situation where a person abandons an animal in circumstances likely to cause it to be killed, injured or to suffer. It goes on to state that if the person abandons the animal on someone else's land, he will be liable for any damage it causes and for the cost of dealing with the animal, such as catching it and treating it.
Wild animals
This new law provides a legal barbed-wire fence around wild animals - the offences don't even require the animals to be killed, injured, ill-treated or to suffer; the section only needs disturbance or harassment to be caused.
So it will be illegal to do such things as taking wild animals from the wild; disturbing their nests, burrows or dens; or disturbing an animal rearing young. There are two provisos - that the person should have known what he was doing would cause one of these outcomes, and that he didn't have lawful authority or a reasonable excuse to act in that way.
Also, it will be an offence to disturb or harass a wild animal with the intention of causing it distress or driving it away from where it lives or habitually uses.
This new law provides a legal barbed-wire fence around wild animals - the offences don't even require the animals to be killed, injured, ill-treated or to suffer; the section only needs disturbance or harassment to be caused.
So it will be illegal to do such things as taking wild animals from the wild; disturbing their nests, burrows or dens; or disturbing an animal rearing young. There are two provisos - that the person should have known what he was doing would cause one of these outcomes, and that he didn't have lawful authority or a reasonable excuse to act in that way.
Also, it will be an offence to disturb or harass a wild animal with the intention of causing it distress or driving it away from where it lives or habitually uses.
Important exeptions
The cruelty and wild animal offences don't apply in certain circumstances, i.e. it would not constitute an offence if particular factors exist. Please bear in mind that this is a very brief outline of the times when a person would not be committing an offence; the law is very detailed and the best way to fully appreciate all its provisions is to refer to the actual Ordinance.
There are some obvious exceptions, such as a person acting under lawful authority, or having a reasonable excuse, or where the suffering is caused during the normal course of fishing, or the suffering of an animal or disturbance of a wild animal was caused accidentally, during farming or building work.
The offences also don't apply to such circumstances as animals being killed for food, or to hunting game animals, or the euthanasia of sick or old animals, or the slaughter of new-born unwanted livestock or livestock at the end of their economic lives. However, these cases will all be subject to bylaws made by the Commerce and Employment Department, in which they will prescribe things like the methods or equipment that can be used, and any conditions or requirements it sees fit in relation to such things as the welfare of the animals, and the competance of the person carrying out the act.
Also, the cruelty and wild animal offences do not apply to the killing of badly injured or diseased animals where they can't be attended by a vet, as long as the killing is done as humanely as possible. There is also a section allowing the taking of abandoned wild animals to be cared for.
The cruelty and wild animal offences don't apply in certain circumstances, i.e. it would not constitute an offence if particular factors exist. Please bear in mind that this is a very brief outline of the times when a person would not be committing an offence; the law is very detailed and the best way to fully appreciate all its provisions is to refer to the actual Ordinance.
There are some obvious exceptions, such as a person acting under lawful authority, or having a reasonable excuse, or where the suffering is caused during the normal course of fishing, or the suffering of an animal or disturbance of a wild animal was caused accidentally, during farming or building work.
The offences also don't apply to such circumstances as animals being killed for food, or to hunting game animals, or the euthanasia of sick or old animals, or the slaughter of new-born unwanted livestock or livestock at the end of their economic lives. However, these cases will all be subject to bylaws made by the Commerce and Employment Department, in which they will prescribe things like the methods or equipment that can be used, and any conditions or requirements it sees fit in relation to such things as the welfare of the animals, and the competance of the person carrying out the act.
Also, the cruelty and wild animal offences do not apply to the killing of badly injured or diseased animals where they can't be attended by a vet, as long as the killing is done as humanely as possible. There is also a section allowing the taking of abandoned wild animals to be cared for.
There are other offences that we have not touched on. These include;
- performing certain outlawed actions such as hot branding cattle, devoicing cockerels, dog tail docking, etc
- performing certain operations without an anaesthetic
- animal fights
- administering poisons
- trapping