IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-
Under the
JUDICIAL REVIEW PROCEDURE ACT 2016
In the matter of
THE CODE OF WELFARE: RODEOS 2018
1982
Between
THE NEW ZEALAND ANIMAL LAW ASSOCIATION, a duly
incorporated society, having its registered office in
Act
Wellington
First Applicant
And
SAVE ANIMALS FROM EXPLOITATION, a duly
incorporated society, having its registered office in
Wellington
Second Applicant Information
And
THE ATTORNEY-GENERAL sued for and on behalf of the
Minister of Agriculture being the Minister responsible for the
administration of the Animal Welfare Act 1999
First Respondent
[Continued Overleaf]
Official
STATEMENT OF CLAIM (APPLICATION FOR REVIEW)
the
Dated: 19 July 2021
under
Released Barristers and Solicitors
Wellington
Solicitor Acting:
Sebastian Bisley Email: [email address]
Tel 64 4 462 0839 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011
Counsel Acting:
Victoria Heine Tel 64 460 0638 PO Box PO Box 1530 Wellington 6140
And
THE NATIONAL ANIMAL WELFARE ADVISORY
COMMITTEE, a ministerial advisory committee established
under the Animal Welfare Act 1999
Second Respondent
1982
Act
Information
Official
the
under
Released
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STATEMENT OF CLAIM (APPLICATION FOR REVIEW)
The applicants say:
PARTIES
1.
The first applicant, The New Zealand Animal Law Association Incorporated,
is an incorporated society registered under the Incorporated Societies Act
1908, and has its registered office at 7/101 Lambton Quay, Wellington. It is
1982
also a charitable entity registered under the Charities Act 2005.
2.
The primary purposes of the first applicant are to improve the welfare and
Act
lives of animals through the legal system, advance animal law education,
combat the prevalence of animal cruelty in New Zealand and uphold the rule
of law through litigation.
3.
The second applicant, Save Animals From Exploitation Incorporated, is an
incorporated society registered under the Incorporated Societies Act 1908,
and has its registered office at 32 Salamanca Road, Wellington. It is also a
charitable entity registered under the Charities Act 2005.
Information
4.
The second applicant’s purpose is to prevent the suffering, abuse and
exploitation of animals by raising public awareness and promoting education.
5.
The first respondent is the Attorney-General sued for and on behalf of the
Official
Minister of Agriculture (
Minister) in respect of the Animal Welfare Act 1999
(
Act). The Minister is responsible for the administration of the Act, including
the
the issuance, revocation, amendment and review of Codes of Welfare under
Part 5 of the Act.
6.
The second respondent is the National Animal Welfare Advisory Committee,
established under Part 4 of the Act (
NAWAC). NAWAC's functions include
under
making recommendations to the Minister concerning the issuance and review
of codes of welfare under the Act.
RELEVANT STATUTORY FRAMEWORK
Purposes, policy and object of the Act
Released 7. The purpose of the Act is to provide for the welfare of animals, in recognition
that animals are sentient.
8.
The Act contains a range of provisions which are intended to achieve that
purpose, including:
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(a)
imposing a mandatory obligation on owners and persons in charge of
animals to ensure that the physical, health, and behavioural needs of
those animals are met (
section 10 obligation);
(b)
in Part 1:
(i)
regulating what surgical procedures may be performed on
animals, and by whom; and
1982
(ii)
imposing certain obligations in relation to the transport of animals;
(c)
in Part 2, providing that it is an offence wilfully or recklessly to ill-treat
Act
animals with the result that:
(i)
the animal is permanently disabled; or
(ii)
the animal dies; or
(iii)
the pain or distress caused to the animal is so great that it
necessary to destroy the animal to end its suffering; or
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(iv) the animal is seriously injured or impaired;
(d)
in Part 3, mandating a regulatory regime for the regulation of animal
exports;
(e)
in Part 5, establishing procedures for the development, issue,
Official
amendment, review and revocation of codes of welfare;
the
(f)
in Part 6, regulating the circumstances in which animals may be used in
research, testing, and teaching and creating a penalty and offence
regime for non-compliance with the requirements of the Act, including:
(i)
the section 10 obligation; and
under (ii) the obligation to not ill-treat an animal (
the section 29
requirement).
9.
Part 9 provides that standards or requirements that do not fully meet the
section 10 obligation or the section 29 requirement may only be made:
Released (a) by the Governor-General acting on the advice of the Minister by Order
in Council under section 183A(1);
(b)
when the Minister is satisfied that either or both of the conditions in
section 183A(3) are satisfied; and
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(c)
under section 183A(5) for a period of time that is reasonably necessary
to enable a transition from current practice to a practice that fully meets
(inter alia) the section 10 obligation and the section 29 requirement,
and that does not exceed 10 years, unless requiring the practice to
meet those obligations would impose an unjustifiable limitation on a
cultural or religious practice.
10. The overall purposes, policy and object of the Act, as reflected in these 1982
provisions, are to minimise the likelihood that animals are subject to
unnecessary or unreasonable pain or distress, and to prevent the wilful or
Act
reckless ill-treatment of animals being treatment that causes pain or distress
which is unreasonable or unnecessary.
Codes of welfare
11. The purposes of the codes of welfare are to:
(a)
establish minimum standards with regard to the way in which persons
care for animals and/or conduct themselves towards animals; and
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(b)
provide recommendations on the best practice to be observed by
persons caring for animals and/or conducting themselves towards
animals.
12. Any minimum standards contained in a code of welfare must be the minimum
Official
necessary to ensure that the purposes of the Act are met. That is, the
minimum standards must be such that if they are met, the relevant animals
the
are not:
(a)
subject to unnecessary or unreasonable pain or distress; or
(b)
wilfully or recklessly ill-treated.
under
13. A draft code of welfare may be prepared by the Minister, or NAWAC, or any
other person.
14. Section 71 of the Act provides that NAWAC must publicly notify a draft code
of welfare if the requirements of section 71(1) of the Act are met (including
that the draft complies with the purposes of the Act). As part of public
Released notification, NAWAC must provide an opportunity for submissions on the draft
code of welfare, and under section 72 may consult with persons who make
submissions.
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15. Under section 73(1), NAWAC must, in considering the content of a draft code
of welfare, and before deciding whether to recommend to the Minister the
issue of that code:
(a)
be satisfied that the proposed standards are the minimum necessary to
ensure that the purposes of the Act will be met; and
(b)
be satisfied that the recommendations for best practice (if any) are 1982
appropriate.
16. In carrying out its functions under section 73(1), NAWAC must have regard
Act
to:
(a)
the submissions made as part of public notification and the consultation
it has undertaken; and
(b)
good practice and scientific knowledge in relation to the management
of the animals to which the code relates.
17. Following public notification and any consultation, NAWAC must decide
Information
whether or not to recommend to the Minister that the Minister issue a code of
welfare.
18. Any recommendation by NAWAC to the Minister must be accompanied by a
report from NAWAC under section 74(2) of the Act. That report must set out,
Official
inter alia, the reasons for NAWAC’s recommendation.
19. The Minister may, after considering NAWAC’s recommendation, NAWAC’s
the
report, and after having regard to the matters specified in section 73, decide
to issue the code of welfare under section 75 of the Act.
20. Section 76 of the Act provides that the Minister may:
under
(a)
revoke a code of welfare, or any part of a code of welfare; and/or
(b)
make minor amendments to a code of welfare, provided those minor
amendments do not materially affect the purposes of the code.
THE PRACTICE OF RODEO
Released 21. The practice of rodeo comprises the following displays and contests with
roping and riding involving humans, cattle and horses (collectively “
rodeo
practices”).
22. Steer wrestling:
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(a)
Steer wrestling is a rodeo event in which a horse-mounted rider chases
a steer, drops from the horse to the steer, then wrestles the steer to the
ground by grabbing its horns to pull it off balance and twisting its neck
until it falls onto the ground.
23. Calf roping:
(a)
Calf roping, also known as tie-down roping, or rope and tie, is a rodeo
1982
event that features a calf and a rider mounted on a horse.
(b)
Calf roping is a timed event in which the rider must catch the calf by
Act
throwing a loop of rope from a lariat around its neck, dismount from the
horse, run to the calf, and restrain it by tying three legs together in as
short a time as possible. Stopping the animals short as they seek to
escape is called "clotheslining."
24. Calf riding:
(a)
Calf riding is a children’s rodeo event.
Information
(b)
Calf riding involves a rider mounting a bucking calf and attempting to
stay mounted while the animal tries to buck the rider. To receive a
score, the rider must stay on top of the calf for eight seconds.
25. Bronc riding:
Official
(a)
Bronc riding involves a rodeo participant riding a bucking horse that
attempts to throw or buck off the rider.
the
(b)
The rider attempts to stay on the horse for eight seconds, without the
rider’s free hand touching the horse. Horses who buck in ways that
cause a visual spectacle garner more points for competitors.
under
(c)
Flank straps are tied around the horse's flank, just in front of the back
legs and are used to make bucking horses kick higher.
(d)
Riders must “mark the horse out". This is a stabbing motion requiring
riders to have the heels of their boots in contact with the horse (an
action calling "spurring") at a point above the animal’s shoulders before
the horse’s front legs hit the ground.
Released
Then the spurs are 'raked' and on
completion of the rake the horses are spurred again in a stabbing
motion.
26. Bull/steer riding:
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(a)
Bull/steer riding is a rodeo event that involves a rider mounting a
bucking bull and attempting to stay mounted while the animal tries to
buck the rider.
(b)
To receive a score, the rider must stay on top of the bull for eight
seconds with the use of one hand gripped on a bull rope tied behind the
bul ’s forelegs. Spurring a bull adds to the contestant's score.
1982
(c)
Bulls are provoked into bucking by the tying of flank straps tightly
around their hindquarters.
Act
27. Team roping:
(a)
Team roping is a rodeo event which involves two riders (a header and a
heeler) and a steer.
(b)
The header ropes the steer around the neck, head or horns before the
heeler moves in to rope the hind legs. The rope is then dallied around
the saddle horn. Once secured, time is recorded when both horses are
facing each other with no slack in the rope.
Information
28. Barrel racing:
(a)
Barrel racing is a rodeo event where the riders guide their horses
around three barrels in a cloverleaf pattern in the shortest time
Official
possible.
(b)
Horses must move with speed and agility to enable riders to complete
the
the event in the least amount of time.
29. The practice of rodeo is only undertaken for entertainment purposes.
30. The rodeo practices result in animals who participate experiencing
under
unnecessary or unreasonable pain or distress and/or results in wilful or
reckless ill-treatment of animals including as pleaded in the following
paragraphs.
31. In steer wrestling, the steer experiences pain from the ‘throwing’ action when
the neck twist is applied using the horns and chin as leverage. Bruising
Released persists after the event.
32. In the case of calf-roping:
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(a)
calves are frequently injured, including suffering broken legs, by being
suddenly halted by the rope as they try and run away, as well as by
being roughly thrown to the ground;
(b)
the ropes used can be jerked forcefully, resulting in the animals falling
to the ground at high speed and injuring their necks and other body
parts; and
1982
(c)
physical and physiological stress is suffered by the animals involved.
33. In calf riding, a chest flank and chest rope may be used on the calf. The flank
Act
strap (if used) and chest rope cause discomfort or irritation to the calf. The
rider may also inflict pain. Calves suffer musculoskeletal injuries if they
stumble.
34. In the case of bronc riding:
(a)
bucking is an active coping strategy for horses in negative emotional
situations, caused by anxiety, fear and/or pain;
Information
(b)
improperly used bucking straps can cause open wounds and burns if
hair is rubbed off and skin is chafed raw; and
(c)
spurring results in trauma to the shoulders causing pain, bruising and
soft tissue damage.
Official
35. In the case of bull/steer riding:
the
(a)
for anatomical reasons, flank straps have to be tightened across the
urethra, which can add to the bull's pain;
(b)
bulls sometimes buck beyond their physical capacity, resulting in
broken backs and legs;
under
(c)
bulls can suffer back injuries, fractures or luxations that require the bull
to be euthanised; and
(d)
in the long term, bucking bulls are more likely to develop horn and
sinus disorders, and musculoskeletal issues.
Released 36. In the case of team roping the use of severe bits can cause significant levels
of pain. The excessive use of spurs and whips can cause pain that may last
after the event. Spurs are also likely to cause bruising that may not be visible
superficially.
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37. In barrel racing, the use of severe bits can cause significant levels of pain.
The excessive use of spurs and whips can cause pain that may last after the
event. Spurs are also likely to cause bruising that may not be visible
superficially.
38. Other injuries animals suffer during rodeo events include unseen injuries to
neck muscles, internal bruising or haemorrhaging, bruising of the cartilage on
the larynx and trachea, spinal cord injuries from roping events, broken backs
1982
from bronc riding events, and tails being ripped off.
RODEO CODES OF WELFARE
Act
39. On 30 October 2014, the Minister issued the Code of Welfare: Rodeo 2014
(
2014 Code). The 2014 Code came into effect on 31 October 2014.
40. The issuing of the 2014 Code by the Minister was preceded by:
(a)
public notification by NAWAC of the draft code of welfare and the
receipt of submissions;
Information
(b)
consultation by NAWAC with interested persons; and
(c)
a report to the Minister under section 74 of the Act by NAWAC “Report
to Accompany the Animal Welfare (Rodeos) Code of Welfare 2014”.
41. In March 2018, the first applicant publicly released a report entitled “The
Official
Legal Status of Rodeo in New Zealand” (
NZALA Report).
the
42. The NZALA Report:
(a)
provided a comprehensive review of the practice of rodeo in New
Zealand; and
under
(b)
set out the position in other jurisdictions, and the recent evidence of the
impact of rodeo on animals.
43. In or around March 2018 the Minister sought advice from NAWAC regarding
rodeo.
44. In or around May 2018, NAWAC commissioned a report entitled “Rodeo
Released events – How do they impact the sentient animal?” (
NAWAC’s Report).
45. Although dated May 2018, NAWAC’s Report was not publicly released until
October 2018.
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46. NAWAC's Report was produced by a panel of experts using a “Five
Domains” model to assess the impact of individual rodeo events on the
animals involved, based on scientific evidence and experience.
47. In relation to each of the rodeo practices listed at paragraphs 21 to 28 of this
statement of claim, NAWAC's Report concluded that:
(a)
“steer wrestling” and “rope and tie” raise serious animal welfare
1982
concerns resulting in substantial negative impacts for the animals
concerned;
Act
(b)
“calf riding”, “bul /steer riding”, “bronc riding”, and “team roping” raised
moderate animal welfare concerns; and
(c)
“barrel racing” raised minor animal welfare concerns.
48. On a date unknown to the applicants but believed to be in or around October
2018, NAWAC recommended to the Minister that the 2014 Code be revoked
and that the Minister issue what became the 2018 Code.
Information
49. NAWAC:
(a)
did not publicly notify the 2018 Code; and
(b)
did not provide the Minister with a report under section 74(2).
Official
50. In October 2018, the 2014 Code was revoked under section 76(1)(a) and the
Minister issued under section 75 the Code of Welfare: Rodeo 2018 (
2018
the
Code). The 2018 Code was materially identical to the 2014 Code.
51. On 9 May 2021 the 2018 Code was amended under section 76 of the Act, as
follows:
under
(a)
a new clause (h) was inserted in Minimum Standard No. 4 – Handling:
"Animals must be handled at all times in such a way as to minimise the
risk of pain, injury or distress";
(b)
the provisions relating to significant surgical procedures were amended
(in particular, by introducing a new chapter 7.1 Significant Surgical
Procedures);
Released (c) two new example indicators were included in Minimum Standard No. 7
– Saddle and Bareback Bronc Riding;
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(d)
amendments to the definition of "electric prodder" clarifying that it does
not include
"electric devices used on animals by the New Zealand
Police"; and
(e)
other minor amendments.
52. Regulation 46 of the Animal Welfare (Care and Procedure) Regulations 2018
prohibits the use of fireworks at rodeo events and practice events. No other
1982
regulations have been made under section 183 in relation to rodeo.
STATUTORY POWERS OF DECISION
Act
53. The making of a recommendation by NAWAC to the Minister under
section 74 of the Act is the exercise of a statutory power of decision.
54. The issuing of a new code by the Minister under section 75 of the Act is the
exercise of a statutory power of decision.
GROUNDS OF REVIEW
First Ground of Review: Failure to follow process
Information
55. In exercising their statutory powers of decision the Minister and/or NAWAC
were required to:
(a)
comply with the procedural requirements of the Act for the promulgation
Official
of new codes;
(b)
be satisfied that the proposed standards are the minimum necessary to
the
ensure that the purposes of the Act are met;
(c)
be satisfied that the recommendations for best practice (if any) are
appropriate; and
under
(d)
have regard to good practice and scientific knowledge available at the
relevant time in relation to the management of the animals to which the
code relates.
56. In making a recommendation to the Minister under section 74, NAWAC acted
unlawfully in failing to follow the procedural requirements of the Act. In
Released particular, in:
(a)
failing to publicly notify the code of welfare as a draft;
(b)
as a consequence, failing to consider whether to consult; and
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(c)
failing to prepare and provide to the Minister a report as required under
section 74 of the Act.
57. In making a recommendation to the Minister under section 74, NAWAC acted
unlawfully in:
(a)
failing to have regard to available research regarding good practice
together with scientific knowledge in relation to the management of 1982
rodeo animals available to it, including, but not limited to that contained
in:
Act
(i)
NAWAC's Report;
(ii)
the NZALA Report; and
(iii)
the 2016 study by the University of Queensland “Behavioral and
Physiological Responses of Calves to Marshalling and Roping in
a Simulated Rodeo Event”; and
(b)
by virtue of its failure to publicly notify and consult, failing to have
Information
regard to the views of interested persons and accordingly not acting on
the basis of the best available information.
58. As a result of the matters pleaded above, NAWAC was not and/or was not in
a position to be: Official
(a)
satisfied that the proposed standards in the 2018 Code were the
minimum necessary to ensure that the purposes of the Act were met; or
the
(b)
satisfied that the recommendations for best practice were appropriate.
59. As a result of NAWAC’s failures as pleaded in paragraphs 56 to 58, the
Minister acted unlawfully in failing to have regard to the matters in section 73,
under
as required under section 75(1).
60. By virtue of the matters pleaded above the 2018 Code is unlawful.
Second ground of review – ultra vires or improper purpose
61. In exercising their statutory powers of decision as pleaded at paragraphs 53
Released and 54, the respondents must act so as to promote and not frustrate the
purpose for which those statutory powers have been conferred.
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62. In exercising their statutory powers of decision in relation to the 2018 Code
the respondents failed to promote and/or frustrated the purpose for which
those powers were conferred. In particular:
(a)
the practice of rodeo is undertaken for the purposes only of
entertainment;
(b)
the rodeo practices result in the animals concerned experiencing; 1982
(i)
unnecessary or unreasonable pain or distress; and
(ii)
wilful or reckless ill-treatment;
Act
(c)
the minimum standards in the 2018 Code are not sufficient to prevent
the animals concerned from experiencing unnecessary or
unreasonable pain or distress, or ill-treatment; and
(d)
the effect of the 2018 Code is to:
(i)
permit conduct which does not fully meet the section 10
obligation or the section 29 requirement; and
Information
(ii)
provide a defence to conduct which, but for the 2018 Code, would
be an offence under section 12(a) (failure to comply with section
10) and/or sections 28 to 29 (ill-treatment).
Official
63. The issuing of the Code by the Minister was accordingly for an improper
purpose and/or ultra vires the Act.
the
Relief
64. The applicants seek the following relief against the respondents:
(a)
a declaration that the 2018 Code in its entirety or as it relates to
under particular rodeo practices is unlawful;
(b)
an order setting aside the 2018 Code in its entirety or as it relates to
particular rodeo practices; and
(c)
costs.
Released This document is filed by
Sebastian Bisley, solicitor for the applicant, whose
address for service is at the offices of Buddle Findlay, Level 17, Aon Centre, 1
Willis Street, Wellington 6011. Documents for service on the abovenamed may be
left at that address or may be:
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1.
Posted to the solicitor at PO Box 2694, Wellington 6011; or
2.
Left for the solicitor at a document exchange for direction DX SP20201,
Wellington; or
3.
Transmitted to the solicitor by facsimile to 64 4 499 4141; or
4.
Emailed to the solicitor at [email address] with a copy to
[email address].
1982
Act
Information
Official
the
under
Released
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IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-360
1982
UNDER THE
Judicial Review Procedure Act 2016
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
Act
BETWEEN
THE NEW ZEALAND ANIMAL LAW
ASSOCIATION
First applicant
AND
SAVE ANIMALS FROM
EXPLOITATION
Second applicant
Information
AND
THE ATTORNEY-GENERAL
First respondent
AND
THE NATIONAL ANIMAL WELFARE
ADVISORY COMMITTEE
Official
Second respondent
the
FIRST RESPONDENT’S STATEMENT OF DEFENCE
24 August 2021
under
CROWN LAW
TE TARI TURE O TE KARAUNA
PO Box 2858
WELLINGTON 6140
Tel: 04 472 1719
Fax: 04 473 3482
Released
Contact Person:
Jenny Catran / Rebecca Elvin / Hannah Bergin
[email address] / [email address] /
[email address]
1
The first respondent by his solicitor says in response to the statement of claim dated
19 July 2021:
PARTIES
1.
He admits paragraph [1].
2.
1982
He is not required to plead to paragraph [2].
3.
He admits paragraph [3].
Act
4.
He is not required to plead to paragraph [4].
5.
He admits paragraph [5].
6.
He admits paragraph [6].
RELEVANT STATUTORY FRAMEWORK
Information
7.
In relation to paragraph [7], he says:
7.1
The purposes of the Animal Welfare Act 1999 (
the Act) are set out in
Parts 1-7 of the Act, each of which Part has purpose statements;
Official
7.2
The long title of the Act is (among other matters) to “reform the law
relating to the welfare of animals and the prevention of their ill-
the
treatment; and, in particular, to recognise that animals are sentient….”
He relies on the long title as if set out in full; and
7.3
He otherwise denies paragraph [7].
under
8.
He denies paragraph [8] and relies on the relevant statutory provisions as if set
out in full.
Regulations under s 183A
9.
He denies paragraph [9] and says further:
9.1
Released
Section 183A allows the Governor-General, on the recommendation
of the Minister, to make regulations relating to standards of care.
This includes regulations under s 183A(2) and (3) that may prescribe
6431415_10
2
standards or requirements that do not fully meet the obligations of s
10, or s 29 (among others).
9.2
Unlike Codes of Welfare, Regulations are directly enforceable and
breach of a regulation is an offence.
9.3
The Minister must consult with NAWAC when making regulations
1982
under s 183A(10), but the procedural requirements in ss 71-75 do not
apply when making regulations which establish, amend, revoke or
Act
replace any minimum standard which is part of a Code of Welfare
under Part 5.
9.4
The Minister must consult to the extent that is reasonably practicable,
having regard to the circumstances of the particular case, the persons
the Minister has reason to believe are representative of interests likely
to be substantially affected by proposed regulations before deciding
whether to recommend the making of regulations under s 183A.
Information
10.
He denies paragraph [10], repeats paragraphs [7] and [8] above, and relies on
the relevant statutory provisions as if set out in full.
Codes of Welfare
Official
11.
He admits paragraph [11] and relies on s 68 as if set out in full. He further says:
the
11.1
The contents of Codes of Welfare is set out in s 69, which provides:
69
Contents
A code of welfare may relate to 1 or more of the following:
(a) a species of animal:
under (b) animals used for purposes specified in the code:
(c) animal establishments of a kind specified in the code:
(d) types of entertainment specified in the code (being types
of entertainment in which animals are used):
(e) the transport of animals:
(f)
the procedures and equipment used in the management,
care, or killing of animals or in the carrying out of
Released
surgical procedures on animals.
6431415_10
3
11.2
Codes of welfare elaborate on the general duty of care in the Act, and
help people in charge of animals understand and meet their statutory
obligations;
11.3
Codes of welfare contain useful information about how to care for
animals, and explain both the minimum standards necessary to meet
animals’ needs as well as best practice guidance; and
1982
11.4
Minimum standards in codes of welfare are not directly enforceable.
Act
However, breach of a minimum standard is prima facie evidence of
an offence (under ss 13(1A) and 30(1A)), and compliance with a
minimum standard is a defence to an alleged offence (under s 13(2)(c)
and 30(2)(c)).
12.
He denies paragraph [12], repeats paragraphs [7] and [11] above and relies on s
73 as if set out in full.
Information
13.
He admits paragraph [13] and relies on s 70 as if set out in full.
14.
He denies paragraph [14] and relies on ss 71 and 76 as if set out in full.
15.
He admits paragraph [15] and relies on s 73 as if set out in full.
Official
16.
He admits paragraph [16] and relies on s 73 as if set out in full.
the
17.
He admits paragraph [17] and relies on s 74 as if set out in full.
18.
He admits paragraph [18] and relies on s 74 as if set out in full.
19.
He admits paragraph [19] and relies on s 75 as if set out in full.
under
20.
He denies paragraph [20] and relies on s 76 as if set out in full.
THE PRACTICE OF RODEO
21.
He denies paragraph [21] and relies on the descriptions of events as outlined in
the 2018 Code in full.
Released
Steer wrestling
22.
He admits that steer wrestling is a rodeo event. Otherwise he denies paragraph
[22], relies on paragraph [6.5] of the 2018 Code in full and further says that:
6431415_10
4
22.1
In the steer wrestling event a mounted rider chases a steer, drops
from the horse to the steer and wrestles the steer to the ground. The
time is flagged when the steer has all four hooves off the ground and
legs pointing out straight;
22.2
The steer needs to be healthy and in good physical condition to
withstand the physical stress during this event.
1982
Rope and tie
Act
23.
He admits that rope and tie is a rodeo event. Otherwise he denies paragraph
[23], relies on paragraph [6.3] of the 2018 Code in full and further says that:
23.1
Rope and tie is a time event that is performed at a fast pace over a set
time period;
23.2
In the rope and tie event, a calf is released from the chute which then
triggers the release of the horse and rider, who will rope the calf in the
Information
arena, dismount, put the roped calf on the ground and tie three of the
calves’ legs using a pigging string, while a well-trained horse will
effectively maintain the tension on the rope. The calf needs to remain
tied for six seconds for the tie to be considered successful. Calves
Official
used in these events can be subjected to physical stressors and need
to be fit, healthy and without defects; and
the
23.3
Rope and tie was previously known as calf roping.
Calf riding
24.
He admits that calf riding is a children’s rodeo event. Otherwise he denies
under
paragraph [24], relies on paragraph [6.6] of the 2018 Code in full and further
says that:
24.1
The calf riding event is designed to enable younger and lighter
competitors to participate in rodeo;
24.2
Minimum standard number 12 provides that calves must not be
Released
ridden more than once on any day; the rider’s weight must be kept
behind the shoulder of the calf; calves must not be ridden with the
rider facing backwards; and calves must be habituated by being
6431415_10
5
walked or run through the arena from the release chute to the exhaust
pen prior to the event.
Saddle and bareback bronc riding
25.
He accepts that saddle and bareback bronc riding is a rodeo event. Otherwise
he denies paragraph [25], relies on paragraph [6.1] of the 2018 Code in full and
further says that:
1982
25.1
Bronc riding involves releasing a horse from a chute into the arena,
Act
where it will buck in an attempt to dislodge the rider from its back;
25.2
There are two types of this event: saddle bronc riding where the horse
is fitted with a saddle, and bareback bronc riding where the horse is
fitted with bareback rigging only;
25.3
In both events the horse will be fitted with a flank strap which runs
around the body of the horse just in front of the back legs, which will
Information
encourage the horse to buck;
25.4
Minimum standard number 7 provides that the flank strap must not
be so tight as to restrict the movement of the horse, and must be
removed from the horse as soon as it is practicable to do so once the
Official
rider is off the horse.
the
Bull and steer riding
26.
He accepts that bull and steer riding is a rodeo event. Otherwise he denies
paragraph [26], relies on paragraph [6.2] of the 2018 Code in full and further
says that:
under
26.1
Bull and steer riding involves a bull or steer being released into the
arena where it will buck to dislodge the rider from its back;
26.2
The animal is fitted with a front ‘bull rope’ which wraps around its
body and which the rider holds onto to maintain his seating. This
bull rope needs to be a quick release type of rope that will fall away
Released
from the animal as soon as the rider is displaced or dismounts;
6431415_10
6
26.3
The animal is also fitted with a flank strap to encourage bucking.
Minimum standard number 8 requires that the flank strap must not
be so tight as to restrict the movement of the animal.
Team roping
27.
He accepts that team roping is a rodeo event. Otherwise he denies paragraph
[27], relies on paragraph [6.4] of the 2018 Code in full and further says that:
1982
27.1
Team roping involves two ropers, the header and the heeler, both on
Act
horseback;
27.2
The header will rope the steer around both horns, the head and one
horn, or the neck, and the heeler then ropes the steer around the hind
legs. The time recorded is that after the steer is stopped and there is
no slack in both the header and heeler’s ropes;
27.3
The rope is slackened immediately upon completion of the event
Information
when the clock is stopped. This again is a fast paced event and the
steer needs to be in good physical condition with no defects.
Barrel racing
28.
He accepts that barrel racing is a rodeo event. Otherwise he denies paragraph
Official
[28], relies on paragraph [6.7] of the 2018 Code in full and further says that:
the
28.1
Barrel racing is an event where the riders guide their horses around
three barrels in a cloverleaf pattern in the least amount of time as
possible.
28.2
under Horses are required to move at speed and turn quickly during this
event and it is important that they are fit, healthy and appropriately
trained to perform this event.
29.
He admits that rodeo is undertaken for entertainment purposes but otherwise
denies paragraph [29] and further says:
Released 29.1 Rodeo is also referred to as a sport;
6431415_10
7
29.2
NAWAC has set up a separate subcommittee to develop a set of
principles to be considered when deciding if and how animals should
be used in the “3Es” - exhibition, entertainment, and encounter.
Scrutiny of animal welfare and rodeo since 2013
30.
He denies paragraph [30] and further says that the issue of pain and distress to
animals under the
Code of Welfare: Rodeos has been regularly reviewed and
1982
scrutinised since 2013:
Act
30.1
In the 2013 report, NAWAC concluded that that there was not a high
risk of injury to rodeo animals, and given the application of the
minimum standards and recommended best practices under the Code,
there were sufficient safeguards in place to protect animals used in
rodeos. The defendant relies on the 2013 NAWAC report for its full
effect;
30.2
In 2016 SAFE, Farmwatch and the Royal New Zealand Society for
Information
the Prevention of Cruelty to Animals (
RNZSPCA) petitioned the
Primary Production Select Committee, but the Committee was
satisfied with the minimum standards set out in the 2014 Code and
declined to recommend further regulation. The Committee
Official
encouraged NZRCA to work closely with MPI and NAWAC to work
towards increasing compliance with the animal welfare code through
the
self-monitoring. The defendant relies on the Committee’s report for
its full effect;
30.3
In 2018 the Animal Welfare (Care and Procedures) Regulations 2018
under created new offences for misuse of animals, including at rodeo events,
as set out at paragraph [48.2] below;
30.4
In February 2018 the Minister asked NAWAC for advice on the
welfare of animals in rodeos. NAWAC commissioned its own report
Rodeo events – How do they impact the sentient animal? (
2018 NAWAC
Released
report)
and recommended a suite of non-regulatory actions including
scientific research and more intensive monitoring of injuries.
NAWAC did not recommend amending the Code at that time. The
6431415_10
8
defendant relies on the 2018 NAWAC report and advice for their full
effect;
30.5
During its research in 2018, NAWAC considered the New Zealand
Animal Law Association (
NZALA) report;
30.6
In August 2019, the NZRCA established the Rodeo Animal Welfare
1982
Committee which is made up of representatives from the NZRCA,
SPCA, NZVA and MPI Compliance. NAWAC sits on the
Act
Committee as an observer with no voting rights. NAWAC provides
reports to the Minister on progress on NAWAC’s recommendations;
30.7
Parts of the Animal Welfare (Care and Procedures) Amendment
Regulations 2020 apply to animals at rodeo events, as set out in
paragraph [51] below; and
30.8
In early 2021 NAWAC reprioritised the review of the Code. A
Information
subcommittee was formed, and pre-consultation with industry
including the applicants and the NZRCA is about to commence.
31.
He denies paragraph [31] relating to steer wrestling, repeats paragraphs [22]
and [30] above and relies on the 2013 and 2018 NAWAC reports and advice
Official
for their full effect.
the
32.
He denies paragraph [32] relating to rope and tie, repeats paragraphs [23] and
[30] above and relies on the 2013 and 2018 NAWAC reports and advice for
their full effect.
under
33.
He denies paragraph [33] relating to calf riding, repeats paragraphs [24] and
[30] above and relies on the 2013 and 2018 NAWAC reports and advice for
their full effect.
34.
He denies paragraph [34] relating to saddle and bareback bronc riding, repeats
paragraphs [25] and [30] above and relies on the 2013 and 2018 NAWAC
reports and advice for their full effect.
Released
35.
He denies paragraph [35] relating to bull and steer riding, repeats paragraphs
[26] and [30] above and relies on the 2013 and 2018 NAWAC reports and
advice for their full effect.
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9
36.
He denies paragraph [36] relating to team roping, repeats paragraphs [27] and
[30] above and relies on the 2013 and 2018 NAWAC reports and advice for
their full effect.
37.
He denies paragraph [37] relating to barrel racing, repeats paragraphs [28] and
[30] above and relies on the 2013 and 2018 NAWAC reports and advice for
their full effect.
1982
38.
He denies paragraph [38], repeats paragraph [30] above and relies on the 2013
Act
and 2018 NAWAC reports and advice for their full effect.
RODEO CODES OF WELFARE
2014 Code
39.
He admits paragraph [39] and further says that the previous Code for Rodeos
was issued in December 2003.
Information
40.
He admits paragraph [40].
NZALA report
41.
He admits paragraph [41].
42.
In respect of paragraph [42], he admits the NZALA report provided a review
Official
of the practice of rodeo in New Zealand, and set out the position in some
other jurisdictions. Further says the conclusion in the NZALA report is
the
incorrect, and otherwise denies paragraph 42.
NAWAC 2018 report
43.
He denies paragraph [43], repeats paragraph [30] above, and further says that
under
the Minister discussed rodeos at the NAWAC quarterly meeting on 14
February 2018. NAWAC agreed to provide advice to the Minister after its
May 2018 meeting, focusing on calf events, flank straps, electric prodders and
the use/misuse of ropes.
44.
He admits paragraph [44].
Released 45. He admits that NAWAC’s report is dated May 2018 and was published on the
website in October 2018 but otherwise denies paragraph [45].
46.
He admits paragraph [46].
6431415_10
10
47.
He admits
paragraph [47] but relies on the NAWAC Report for its full effect.
He further says:
47.1
NAWAC recommended a suite of non-regulatory actions to the
Minister, including establishment of a Rodeo Animal Welfare
Committee, including MPI and SPCA Animal Welfare Inspectors;
increased monitoring and record keeping; research to assess the
1982
physical impact of events on animals; that the industry consider
reducing or replacing higher impact events.
Act
47.2
NAWAC recommended that if these non-regulatory actions are not
met with in a clear established time period, additional regulatory
options could be undertaken.
2018 Code incorporating Animal Welfare (Care and Procedures) Regulations
48.
In respect of paragraph [48], the respondent:
Information
48.1
Admits that NAWAC was consulted on the revocation of the 2014
Code/issue
of the 2018 Code as required under s 76(2). NAWAC
informed the Minister on 16 August 2018 that it supported the
revocation/issue of the 2018 Code.
Official
48.2
Further says:
the
48.2.1 The 2018 Code contained only amendments of a minor
nature, made under s 76(1)(b);
48.2.2 These
amendments
were
primarily
consequential
under
amendments to incorporate the Animal Welfare (Care and
Procedures) Regulations 2018 (
Regulations), which came
into force on 1 October 2018. The relevant Regulations were
appended to the 2018 Code and referred to throughout.
48.2.3 The Regulations appended to the Code created several
offences, such as:
Released
(a)
using equipment that may injure horses (r 19,
carrying a fine of $900);
6431415_10
11
(b)
a prohibition against striking a horse on its head (r
20, carrying fines between $500-$1,500);
(c)
restrictions on transporting animals (rr 30-45,
carrying fines between $500-$7,500);
(d)
a prohibition on fireworks at rodeos (r 46, carrying
1982
fines between $5,000-$25,000);
(e)
misuse of collars and tethers (r 47, carrying fines
Act
between $300-$900); and
(f)
a prohibition on the misuse of electric prodders (rr
48 and 49, carrying fines between $500-$7,500).
48.2.4 NAWAC participated in the process for developing the
Regulations including placing its members on a Regulations
Information
working group, providing comment on the policy intent of
regulatory proposals and commenting on the draft
regulations.
48.2.5 In developing the proposals, MPI drew on the knowledge
Official
and experience of the other members of this working group.
As well as NAWAC and MPI, the working group consisted
the of representatives from the RNZSPCA and the Veterinary
Council of New Zealand (
VCNZ).
48.2.6 MPI consulted on the regulatory proposals during April and
under
May 2016. The regulatory proposals were outlined in two
Discussion Papers. Consultation included six public
meetings throughout New Zealand and an invitation to all
interested parties to provide written submissions on the
discussion documents. MPI also undertook follow-up
workshops and one-on-one meetings with affected industry
Released
and advocacy groups to understand the impacts of the
regulations and further refine their development. MPI
received over 1400 submissions on the proposals relating to
Care and Conduct, Significant and Painful Surgical
6431415_10
12
Procedures and Live Animal Exports, including submissions
from NZALA and SAFE. Approximately 1000 submissions
were from individuals and 400 submissions were from
organisations.
48.3
And otherwise denies paragraph [48].
1982
49.
He admits paragraph [49], repeats paragraph [48] above and further says:
49.1
As the 2018 Code contained only minor amendments under s
Act
76(1)(b), there was no requirement for NAWAC to publicly notify the
2018 Code or produce a report under s 74(2); and
49.2
Even if any procedural error was made in issuing/reissuing the 2018
Code, there was extensive public notification and consultation during
development of the Regulations, and therefore in respect of the
substantive amendments to the 2018 Code.
Information
50.
He admits paragraph [50] and repeats paragraph [48]-[49] above.
2021 amendment incorporating Animal Welfare (Care and Procedures)
Amendment Regulations
51.
Official
In respect of paragraph [51]:
51.1
He admits that by Notice in the Gazette on 5 May 2021, minor
the
amendments were made to the Code under s 76(1)(b), with effect
from 9 May 2021.
51.2
He admits paragraph (a) but says this requirement was already
under contained in the 2018 Code at Minimum Standard 4(a).
51.3
He admits that a new chapter 7.1 Significant Surgical Procedures was
introduced but otherwise denies paragraph (b).
51.4
He denies paragraph (c) and further says that paragraph [6.1] (saddle
and bareback bronc riding) of the 2018 Code was amended only to
Released
incorporate reference to the amendment to regulation 19 introduced
by the Animal Welfare (Care and Procedures) Amendment
Regulations 2020.
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13
51.5
Admits paragraph (d).
51.6
Admits paragraph (e) and further says that these minor amendments
incorporated relevant parts of the Animal Welfare (Care and
Procedure) Amendment Regulations 2020 relating to surgical and
painful procedures, the majority of which came into force on 9 May
2021.
1982
51.7
He repeats paragraph [48.2.5] above
and
further says that MPI tested
Act
the regulatory proposals through two public consultation periods:
April – May 2016 and June – July 2019. During the 2019
consultation, MPI received over 1300 submissions, including
submissions from NZALA and SAFE. MPI developed the final
regulatory proposals taking into account the public and stakeholder
submissions, advice from NAWAC and the National Animal Ethics
Advisory Committee, and available scientific, local and international
Information
research.
Current NAWAC review of the Code
51.8
He further says that in early 2021 NAWAC reprioritised the review of
the Code. A subcommittee was formed, and pre-consultation with
Official
industry including the applicants and the NZRCA is about to
commence. He otherwise denies paragraph [51].
the
52.
He denies paragraph [52], repeats paragraphs [48.2] and [51] above.
STATUTORY POWERS OF DECISION
under
53.
He admits paragraph [53].
54.
He admits paragraph [54].
GROUNDS OF REVIEW
First ground of review - failure to follow due process
Released 55. He denies paragraph [55] and refers to the relevant statutory requirements for
each power of decision, for their full effect.
6431415_10
14
56.
He denies paragraph [56] and repeats paragraphs [39]-[50] above.
57.
He denies paragraph [57] and repeats paragraphs [39]-[50] above.
58.
He denies paragraph [58] and repeats paragraphs [39]-[50] above.
59.
He denies paragraph [59] and repeats paragraphs [39]-[50] above.
1982
60.
He denies paragraph [60] and repeats paragraphs [30] and [39]-[50] above.
Second ground of review – ultra vires or improper purpose
Act
61.
He is not required to plead to paragraph [61] as it contains matters of law.
62.
He denies paragraph [62] and repeats paragraphs [30] and [39]-[51] above.
63.
He denies paragraph [63] and repeats paragraphs [30] and [39]-[51] above.
64.
He denies paragraph [64], repeats paragraph [30] above and further says that
NAWAC is currently reviewing the 2018 Code, including consulting with the
Information
applicants and the NZRCA.
This document is filed by Jennifer Claire Catran, solicitor for the first respondent, of
Crown Law.
The address for service of the first respondent is Crown Law, Level 3, Justice Centre,
Official
19 Aitken Street, Wellington 6011. Documents for service on the first respondent may
be left at this address for service or may be:
the
(a)
posted to the solicitor at PO Box 2858, Wellington 6140; or
(b)
left for the solicitor at a document exchange for direction to DX SP20208,
Wellington Central; or
(c)
transmitted to the solicitor by facsimile to 04 473 3482; or
under
(d)
emailed to the solicitor at [email address] provided that the
documents are also emailed to [email address] and
[email address]
Released
6431415_10
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-360
1982
UNDER THE
Judicial Review Procedure Act 2016
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
Act
BETWEEN
THE NEW ZEALAND ANIMAL LAW
ASSOCIATION
First applicant
AND
SAVE ANIMALS FROM
EXPLOITATION
Second applicant
AND
THE ATTORNEY-GENERAL
Information
First respondent
AND
THE NATIONAL ANIMAL WELFARE
ADVISORY COMMITTEE
Official
Second respondent
the
SECOND RESPONDENT’S STATEMENT OF DEFENCE
24 August 2021
under
Counsel acting:
Rachel Roff
Clifton Chambers
[email address]
Wakefields Lawyers Ltd
Released
PO Box 8091
Wellington 6143
04 909 7506
Contact person: Michel e Stapleton
michel [email address]
1
The second respondent by its solicitor says in response to the statement of claim dated
19 July 2021:
PARTIES
1.
Admits paragraph 1.
2.
Apprehends paragraph 2 contains matters to which it is not required to plead.
1982
3.
Admits paragraph 3.
Act
4.
Apprehends paragraph 4 contains matters to which it is not required to plead.
5.
Admits paragraph 5.
6.
Admits paragraph 6.
RELEVANT STATUTORY FRAMEWORK
Purposes, policy and object of the Act Information
7.
Apprehends paragraph 7 contains matters of law and/or submission to which
it is not required to plead.
8.
Apprehends paragraph 8 contains matters of law and/or submission to which
Official
it is not required to plead.
the
9.
Apprehends paragraph 9 contains matters of law and/or submission to which
it is not required to plead.
10.
Apprehends paragraph 10 contains matters of law and/or submission to which
it is not required to plead.
under
Codes of Welfare
11.
In respect of paragraph 11:
11.1
admits codes of welfare establish minimum standards with regard to
the way in which persons care for animals and conduct themselves
Released
towards such animals; and
2
11.2
admits codes of welfare include recommendations on the best
practice to be observed by persons in caring for such animals and in
conducting themselves towards such animals; and
11.3
relies on sections 68 and 69 of the Act as if set out in full; and
11.4
further says minimum standards in codes of welfare are not directly
1982
enforceable; but
11.5
otherwise denies paragraph 11.
Act
12.
Denies paragraph 12 and further says:
12.1
before making its recommendation on minimum standards in a code
of welfare, NAWAC must be satisfied the proposed standards are the
minimum necessary to meet the purposes of the Act; and
12.2
relies on section 73 of the Act as if set out in full.
Information
13.
Admits paragraph 13 and relies on section 70 of the Act as if set out in full.
14.
In respect of paragraph 14:
Official
14.1
admits NAWAC must publicly notify a draft code of welfare if
NAWAC is satisfied the requirements of section 71(1) of the Act are
met; and
the
14.2
admits NAWAC may consult with those persons who, in response to
a notice published or given under section 71(3) of the Act make draft
submissions on the draft code of welfare; and
under
14.3
relies on sections 71, 72 and 76 of the Act as if set out in full; but
14.4
otherwise denies paragraph 14.
15.
Admits paragraph 15 and relies on section 73 of the Act as if set out in full.
Released 16. Admits paragraph 16 and further says:
16.1
in carrying out its functions under section 73(1) NAWAC must also
have regard to:
3
16.1.1 available technology; and
16.1.2 any other matters considered relevant by NAWAC; and
16.2
relies on section 73 of the Act as if set out in full.
17.
Admits paragraph 17 and relies on section 74 of the Act as if set out in full.
1982
18.
Admits paragraph 18 and relies on section 74 of the Act as if set out in full.
19.
Admits paragraph 19 and relies on section 75 of the Act as if set out in full.
Act
20.
In respect of paragraph 20:
20.1
admits section 76 of the Act provides that the Minister may:
20.1.1 revoke a code of welfare or any part of a code of welfare; or
20.1.2 make amendments of a minor nature to a code of welfare
Information
(being minor amendments that would not material y affect
the purposes of the code); and
20.2
relies on section 76 of the Act as if set out in full; but
Official
20.3
otherwise denies paragraph 20.
THE PRACTICE OF RODEO
the
21.
Denies paragraph 21 and refers to the 2018 Code of Welfare: Rodeos (2018
Code) definition of “rodeo” at Appendix 1 of the 2018 Code, and the
descriptions of rodeo events referred to therein.
under
22.
In respect of paragraph 22:
22.1
admits Steer Wrestling is a rodeo event; and
22.2
admits a horse-mounted rider chases a steer, drops from the horse to
the steer and wrestles the steer to the ground. The time is flagged
Released
when the steer has al four hooves off the ground and legs pointing
out straight; and
4
22.3
relies on Part 6.5 and Appendix 1 of the 2018 Code as if set out in
full; but
22.4
otherwise denies paragraph 22.
23.
In respect of paragraph 23 says:
23.1
Calf Roping is a rodeo event now known as Rope and Tie; and 1982
23.2
Rope and Tie is a timed rodeo event, where a calf is released from a
Act
chute which then triggers the release of the horse and rider, who wil
rope the calf in the area, dismount, put the roped calf on the ground
and tie three of the calves’ legs together using a pigging string, while a
wel -trained horse will effectively maintain the tension on the rope.
The calf needs to remain tied for six seconds for the tie to be
considered successful; and
23.3
relies on Part 6.3 and Appendix 1 of the 2018 Code as if set out in
Information
full; but
23.4
otherwise denies paragraph 23.
24.
In respect of paragraph 24:
Official
24.1
admits Calf Riding is a rodeo event; and further says:
the
24.1.1 Calf Riding is designed to enable younger and lighter
competitors to participate in rodeo; and
24.1.2 weight restrictions that apply are designed to ensure that the
under
animal involved in the event is not placed under undue
stress; and
24.1.3 the voluntary increase by the New Zealand Rodeo Cowboys
Association (NZRCA) in the liveweight of animals used in
this event has led to the discontinuance of Calf Riding at
Released
NZRCA sanctioned rodeo events.
24.2
relies on Part 6.6 of the 2018 Code as if set out in full; but
5
24.3
otherwise denies paragraph 24.
25.
In respect of paragraph 25:
25.1
admits that Bronc Riding is a rodeo event; and
25.2
admits that Bronc Riding involves a rodeo participant riding a
bucking horse that attempts to throw or buck off the rider; and
1982
further says:
Act
25.2.1 there are two types of Bronc Riding: saddle bronc riding
where a horse is fitted with a saddle; and bareback bronc
riding where the horse is fitted with bareback rigging only;
and
25.2.2 in both events the horse is fitted with a flank strap which
runs around the body of the horse just in front of the back
legs, which wil encourage the horse to buck; and
Information
25.3
relies on Part 6.1 and Appendix 1 of the 2018 Code as if set out in
full; but
25.4
otherwise denies paragraph 25.
Official
26.
In respect of paragraph 26:
the
26.1
admits that Bull or Steer Riding is a rodeo event; and further says:
26.1.1 Bull or Steer Riding involves a bull or a steer being released
into the arena where it wil buck to dislodge the rider from
under
its back; and
26.1.2 the animal is fitted with a front “bull rope” which wraps
around its body and which the rider holds onto to maintain
his or her seating; and
Released
26.1.3 the bull rope is a quick release type of rope that will fall away
from the animal as soon as the rider is displaced or
dismounts; and
6
26.1.4 the animal is also fitted with a flank strap to encourage
bucking; and
26.2
relies on Part 6.2 and Appendix 1 of the 2018 Code as if set out in
ful ; but
26.3
otherwise denies paragraph 26.
1982
27.
In respect of paragraph 27:
Act
27.1
admits that Team Roping is a rodeo event; and
27.2
admits that Team Roping involves two riders a header and a heeler
and a steer; and says further
27.2.1 the header wil rope the steer around both horns, the head
and one horn, or the neck, and the heeler then ropes the
steer around the hind legs. The time recorded is that after
Information
the steer is stopped and there is no slack in both the header
and heeler’s ropes; and
27.2.2 the rope is slackened immediately upon completion of the
event when the clock is stopped; and
Official
27.3
relies on Part 6.4 and Appendix 1 of the 2018 Code as if set out in
the
ful ; but
27.4
otherwise denies paragraph 27.
28.
Admits paragraph 28 and relies on Part 6.7 and Appendix 1 of the 2018 Code
under
as if set out in full.
29.
In respect of paragraph 29:
29.1
admits the practice of rodeo is undertaken for entertainment
purposes; and further says:
Released
29.1.1 the practice of rodeo is also a recognised sport; and
29.1.2 NAWAC is developing a Guideline that will be applied by
NAWAC in order understand why people engage with
7
activities using animals in exhibition, entertainment, and
encounter (the 3Es). The Guideline and principles therein
will guide NAWAC’s decision making for these uses. It is
anticipated that NAWAC will have finalised the Guideline
by the end of September 2021; but
29.2
otherwise denies paragraph 29.
1982
30.
Denies paragraph 30; and further says:
Act
30.1
Rodeo practices that comply with the minimum standards set out in
the 2018 Code do not cause unnecessary or unreasonable pain or
distress and/or result in the wilful or reckless ill-treatment of animals;
and
30.2
The minimum standards set out in the 2018 Code are the minimum
standards necessary to ensure the purposes of the Act are met.; and
Information
30.3
At a meeting on 19 May 2021 NAWAC decided to:
30.3.1 reprioritise a statutory review of the 2018 Code; and
30.3.2 convene a NAWAC subcommittee (the Rodeo Code Review
Official
Subcommittee) to undertake the statutory review; and
the
30.4
The Rodeo Code Review Subcommittee’s statutory review of the
2018 Code is currently at the pre-consultation stage. This will involve
NAWAC consulting with representatives of the persons likely to be
affected by the draft, including the applicants. NAWAC anticipates
under it will be in a position to recommend a draft Code to the Minister for
public consultation by the end of February 2022.
31.
In respect of paragraph 31:
31.1
repeats paragraphs 30.1 to 30.4 above; and
Released 31.2 admits it is likely there is at least moderate pain experienced by the
steer from the ‘throwing’ action imposed by the contestant when the
8
neck twist is applied using the horns and chin as leverage; and further
says:
31.2.1 NAWAC assumes that some bruising would persist after the
event; and
31.2.2 NAWAC recommended to the Associate Minister of
1982
Agriculture, the Hon Meka Whaitiri (the Minister) in May
2018, in relation to Steer Wrestling, the implementation of
Act
non-regulatory actions to encourage recommended best
practice, gather information and monitor compliance with
minimum standards. These included:
(a)
the commissioning of further research into the
impact of experiences in the rodeo arena; and
(b)
increased monitoring and record keeping of the
Information
animals being trained and used over a season,
including the number of animals involved, and any
animal injuries sustained; and
31.3
otherwise, does not know and therefore denies paragraph 31.
Official
32.
In respect of paragraph 32:
the
32.1
repeats paragraph 23.1 to 23.3 above; and
32.2
repeats paragraph 30.1 to 30.4 above; and
under
32.3
admits that some physical and brief physiological stress may be
suffered by some of the animals involved; and further says
32.3.1 NAWAC concluded in 2013, in relation to Rope and Tie,
that in the absence of evidence that the event causes calves’
significant pain and distress, the event should not be
discontinued; and
Released
32.3.2 NAWAC recommended to the Minister in 2018, in relation
to Rope and Tie, the implementation of non-regulatory
9
actions to encourage recommended best practice, gather
information and monitor compliance with minimum
standards. These included:
(a)
the implementation of methods and instruments
that may have less of a negative impact on calves
e.g. bungee ropes/breakaway ropes; and
1982
(b)
the commissioning of further research into
Act
investigating the type and severity of damage to the
necks of calves arising from this event; and
(c)
discussing with the industry options to reduce the
number of calves used at rodeos or alternatively, to
implement a voluntary phase out and cessation of
this calf event; and
Information
32.4
otherwise, does not know and therefore denies paragraph 32.
33.
In respect of paragraph 33:
33.1
repeats paragraph 30.1 to 30.4 above; and
Official
33.2
admits there is likely to be discomfort or irritation caused to the calf
from the flank strap (if used) and the chest rope; and further says:
the
33.2.1 NAWAC concluded in 2013, in relation to Calf Riding, that
calves are of a sufficient weight and maturity that they will
not be subjected to unreasonable pain or distress in this
under
event;
33.2.2 NAWAC recommended to the Minister in 2018, in relation
to Calf Riding, the implementation of non-regulatory actions
to encourage recommended best practice, gather
information, and monitor compliance with minimum
Released
standards. Being:
10
(a)
increased monitoring and record keeping of
animals used, including reporting injury rates 48
hours post-event; and
(b)
ensuring children are weighed at each event before
they ride calves to make sure that they comply with
the maximum weight requirements; and
1982
(c)
the voluntary increase by NZRCA in the liveweight
Act
of animals used in this event has led to the
discontinuance of Calf Riding at NZRCA
sanctioned rodeo events.
33.3
otherwise, does not know and therefore denies paragraph 33.
34.
In respect of paragraph 34:
34.1
repeats paragraph 30.1 to 30.4 above; and further says:
Information
34.1.1 NAWAC concluded in 2013, in relation to Bronc Riding,
that the spurs used on animals in bucking events are
adequately dulled and rotate sufficiently that they wil not
Official
cause the animals undue pain or distress; and
34.1.2 NAWAC recommended to the Minister in 2018, in relation
the to Bronc Riding, the implementation of non-regulatory
actions to encourage recommended best practice, gather
information, and monitor compliance with minimum
under
standards. Being:
(a)
increased monitoring and recording keeping of
training of animals, including the number of
animals involve, and injuries sustained; and
(b)
monitoring and reporting injury rates 48 hours
Released
post-event; and
(c)
discussing with the industry the necessity of spurs
and whether alternative equipment can be used;
11
34.2
otherwise, does not know and therefore denies paragraph 34.
35.
In respect of paragraph 35:
35.1
repeats paragraph 30.1 to 30.4 above;
35.2
admits that, very occasionally, bulls can suffer back injuries, fractures,
or luxation’s that require the bull to be euthanised; but says the
1982
frequency of these injuries is low; and
Act
35.3
admits that a study in the USA in 2017 found that the bucking bulls
studied in that country were more likely to develop horn and sinus
disorders, and musculoskeletal issues; and
35.4
further says:
35.4.1 NAWAC recommended to the Minister in 2018, in relation
to Bull or Steer Riding, the implementation of non-
Information
regulatory actions to encourage recommended best practice,
gather information, and monitor compliance with minimum
standards. Being:
(a)
increased monitoring and record keeping of the
Official
animals being trained, including the number of
animals involved, and any animal injuries sustained;
the
and
(b)
monitoring and reporting injury rates 48 hours
post-event.
under
35.5
otherwise, does not know and therefore denies paragraph 35.
36.
In respect of paragraph 36:
36.1
repeats paragraph 30.1 to 30.4 above; and further says:
Released
36.1.1 NAWAC concluded in 2018 that the likelihood of pain and
injury during Team Roping was minimal and it
recommended to the Minister, in relation to Team Roping,
the implementation of non-regulatory actions to encourage
12
recommended best practice, gather information, and
monitor compliance with minimum standards. Being:
(a)
increased monitoring and record keeping of
animals undergoing training for team roping; and
(b)
the commissioning of research into alternative
1982
equipment that would aim to reduce the impact
that the event has on the animal; and Act
36.2
Otherwise, does not know and therefore denies paragraph 36.
37.
In respect of paragraph 37:
37.1
repeats paragraph 30.1 to 30.4 above; and further says:
37.2
NAWAC concluded in 2018 that the risk of injury caused by Barrel
Racing was low and it recommended to the Minister non-regulatory
Information
actions to encourage recommended best practice, gather information,
and monitor compliance with minimum standards. Being:
37.2.1 discussing with the industry the necessity of using curb bits,
spurs, and whips during this event, and to determine
Official
whether there are alternatives that could be used; and
the
37.2.2 increased monitoring and record keeping of horses
undergoing training for Barrel Racing; and
37.2.3 the commissioning of research into injury rates in post-event
under
period; and
37.3
otherwise, does not know and therefore denies paragraph 37.
38.
Does not know and therefore denies paragraph 38, and further repeats
paragraph 30.1 to 30.4 above.
Released
RODEO CODE OF WELFARE
39.
Admits paragraph 39.
40.
Admits paragraph 40 and further says:
13
40.1
Consultation with representatives of the persons likely to be affected
by the draft Code (pre-consultation) took place between 25 May and
29 June 2012 with Bull Riding NZ Inc, NZRCA, the NZ Veterinary
Association and the Royal Society for the Prevention of Cruelty to
Animals; and
40.2
Public consultation ran from 12 October to 26 November 2012,
1982
following notices in newspapers in Auckland, Wellington,
Christchurch and Dunedin and direct contact with interest groups;
Act
and
40.3
30 written submissions on the draft Code were received, as well as
368 form letters from SAFE and 8 form letters from rodeo
supporters; and
40.4
NAWAC convened a subcommittee to consider the submissions. The
subcommittee consulted with Ministry for Primary Industries (MPI)
Information
Animal Welfare staff, visited rodeo events, and consulted with
industry. The subcommittee contracted experts Bernie Rollin,
philosopher and ethicist, and Professor Orivaldo Tenorio, a
veterinarian and regulator of rodeo in Brazil; and
Official
40.5
The draft Code was peer reviewed by Dr Cia Johnson of the
American Veterinary Medical Association’s Animal Welfare Division;
the
and
40.6
NAWAC recommended the draft Code to the Minister for Primary
Industries on 5 September 2013.
under
41.
Admits paragraph 41.
42.
In respect of paragraph 42:
42.1
admits the NZALA report provided a review of the practice of rodeo
in New Zealand, and set out the position in other jurisdictions, and
Released
some evidence of the impact of rodeo on animals; but
42.2
otherwise denies paragraph 42 and denies that the NZALA report’s
conclusion is correct.
14
43.
Denies paragraph 43 and further says:
43.1
the Minister sought advice from NAWAC on several aspects of
rodeos, being the use of calves, tail twisting, rope burning, flank
straps, and electric prodders when she attended a NAWAC meeting
on 14 February 2018; and
1982
43.2
to address the matters raised by the Minister, NAWAC assembled an
expert panel that utilised a Five Domains model approach to assess
Act
the impact of individual rodeo events on the welfare of the animals
involved; and
43.3
the expert panel did not consider ethical, social, or legal questions
relating to rodeos, nor carry out a statutory review of the 2014 Code.
44.
Admits paragraph 44.
45.
In respect of paragraph 45:
Information
45.1
admits the 2018 NAWAC report was dated May 2018; and further
says:
45.1.1 the NAWAC report was put on the NAWAC website in
Official
October 2018; but
the
45.2
otherwise denies paragraph 45.
46.
Admits paragraph 46.
47.
Admits paragraph 47; and
under
47.1
relies on the 2018 NAWAC Report as if set out in full; and further
says:
47.1.1 NAWAC considered that the current minimum standards
and the new Animal Welfare (Care and Procedures)
Released
Regulations 2018 that were being developed and were due to
come into force on 1 October 2018 adequately managed the
issues raised by the Minister; and
15
47.1.2 NAWAC recommended several non-regulatory actions to
encourage recommended best practice, gather information,
and monitor compliance with minimum standards. These
included the establishment of a Rodeo Animal Welfare
Committee, increased monitoring and record keeping;
proposing the commissioning of research to assess the
1982
physical impact of events on animals; and discussions with
the industry to explore and introduce alternative instruments
and practices; and
Act
47.1.3 Subsequently:
(a)
NZRCA has established the Rodeo Animal Welfare
Committee (RAWC) in August 2019. The RAWC is
made up of representatives from NZRCA, SPCA,
New Zealand Veterinary Association and MPI
Information
Compliance. NAWAC sits on the RAWC as an
observer; and
(b)
RAWC passed a motion for the NZRCA Board to
consider ceasing the Rope and Tie event. This
Official
motion was rejected at the NZRCA’s AGM in July
2021; and
the (c) RAWC passed a motion for the NZRCA Board to
consider banning the use of whips/crops in Barrel
Racing. This motion was rejected at the NZRCA’s
under
AGM in July 2021; and
(d)
More detailed record keeping systems are being
established under the guidance of RAWC to
provide meaningful statistics on welfare outcomes
for al rodeo animals; and
Released
(e)
NZRCA now requires weights to be provided for
all animals used in Steer Wrestling events; and
16
(f)
NZRCA has voluntary increased the liveweight of
animals used in Calf Riding which has led to the
discontinuance of Calf Riding at NZRCA
sanctioned rodeo events. The event is now known
as “junior steer riding”; and
(g)
On the advice of the RAWC, NZRCA is
1982
considering initiating a drug testing regime to
screen for the use of pain relief in competitors’
Act
horses in Barrel Racing; and
(h)
NAWAC provides the Minister with bi-annual
updates on Rodeos.
48.
In respect of paragraph 48:
48.1
admits that NAWAC was consulted on the revocation of the 2014
Information
Code and the issue
of the 2018 Code as required under section 76(2)
of the Act; and further says:
48.1.1 NAWAC informed the Minister on 16 August 2018 that it
supported the amendment and issue of 2018 Code; and
Official
48.1.2 The 2018 Code contained only amendments of a minor
the nature, made under s 76(1)(b); and
48.1.3 These amendments were consequential and minor
amendments to incorporate the Animal Welfare (Care and
under
Procedures) Regulations 2018 (
Regulations), which came
into force on 1 October 2018; and
48.1.4 NAWAC participated in the process for developing the
Regulations including placing its members on a Regulations
working group, providing comment on the policy intent of
regulatory proposals, and commenting on the draft
Released
regulations; and
48.1.5 The applicants and any affected party had an opportunity to
be consulted and make submissions on the Regulations and
17
therefore to the amendments to the Code, because Part 2 of
Schedule 2 of the Regulations set out the minor
amendments that were to be made to the Code.
48.2
otherwise denies paragraph 48.
49.
Admits paragraph 49, repeats paragraph 48 above and further says:
1982
49.1
because the 2018 Code contained only minor amendments there was
no requirement for NAWAC to publicly notify the 2018 Code or
Act
produce a report under s 74(2); but
49.2
there was, in any case, adequate consultation and notification in
respect of the amendments that were made to the Code because the
applicants and any affected party had the opportunity to be consulted
and make submissions during the extensive public notification and
consultation that took place for the Regulations.
Information
50.
Admits paragraph 50 and repeats paragraphs 48 and 49 above.
51.
In respect of paragraph 51:
51.1
admits the 2018 Code was amended under s 76, with effect from 9
Official
May 2021; and
the
51.2
admits paragraph 51(a); and
51.3
admits that a new chapter 7.1 Significant Surgical Procedures was
introduced; but otherwise denies paragraph 51(b); and
under
51.4
denies paragraph 51(c); and
51.5
admits paragraph 51(d); and
51.6
admits paragraph 51(e); and
52.
Denies paragraph 52.
Released
18
STATUTORY POWERS OF DECISION
53.
Admits paragraph 53.
54.
Admits paragraph 54.
GROUNDS OF REVIEW
First Ground of Review
1982
55.
Denies paragraph 55.
Act
56.
Denies paragraph 56.
57.
Denies paragraph 57.
58.
Denies paragraph 58.
59.
Apprehends that it is not required to plead to paragraph 59, but if required to
plead denies paragraph 59.
Information
60.
Apprehends that paragraph 60 contains matters of law to which it is not
required to plead, but if required to plead denies paragraph 60.
Second Ground of Review
Official
61.
Apprehends that paragraph 61 contains matters of law and/or legal submission
the
to which it is not required to plead.
62.
Apprehends that paragraph 62 contains matters of law and particulars to which
it is not required to plead, but if required to plead denies paragraph 62.
under
63.
Apprehends that it is not required to plead to paragraph 63, but if required
denies paragraph 63.
Relief
64.
Apprehends paragraph 64 contains matters to which it is not required to plead.
Released
19
This document is filed by Michel e Stapleton, solicitor for the second respondent, of
Wakefields Lawyers Ltd.
The address for service of the second respondent is Wakefields Lawyers Ltd, Level 2,
Zephyr House, 82 Willis Street, Wellington 6011. Documents for service on the second
respondent may be left at this address for service or may be:
1982
(a)
posted to the solicitor at PO Box 8091, Wellington 6140; or
(b)
emailed to the solicitor at [email address] provided the documents
are also emailed to [email address]
Act
Information
Official
the
under
Released
20
Initial Disclosure Documents
No.
Date
Description
1
Undated
Letter from Minister of Agriculture to NAWAC
2
25/05/2012
NAWAC invitation Rodeo Code
1982
3
05/09/2013
Letter from NAWAC to Minister for Primary Industries
Act
4
2013
2014 Code Report
5
2014
Code of Welfare Rodeos
6
2017
Scientific article
7
2018
Code of Welfare Rodeos
8
14/02/2018
Minutes
Information
9
15/02/2018
Letter from NAWAC to Assoc Minister of Agriculture
10
01/03/2018
Press Release
11
31/05/2018
Letter from NAWAC to Assoc Minister of Agriculture
Official
12
16/08/2018
Letter from NAWAC to Assoc Minister of Agriculture
the
13
15/04/2019
Letter from NAWAC to Minister of Agriculture
14
19/09/2019
Letter from NAWAC to Minister of Agriculture
under
15
05/08/2020
Letter from NAWAC to Minister of Agriculture
16
05/08/2021
Letter from NAWAC to Assoc Minister of Agriculture
Released
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-000360
Under the
JUDICIAL REVIEW PROCEDURE ACT 2016
In the matter of
THE CODE OF WELFARE: RODEOS 2018
1982
Between
THE NEW ZEALAND ANIMAL LAW ASSOCIATION
Act
First Applicant
And
SAVE ANIMALS FROM EXPLOITATION
Second Applicant
And
THE ATTORNEY-GENERAL
First Respondent Information
[Continued Overleaf]
APPLICANTS' STATEMENT OF REPLY TO FIRST RESPONDENT'S
STATEMENT OF DEFENCE
Dated: 9 September 2021
Official
the
under
Released Barristers and Solicitors
Wellington
Solicitor Acting:
Sebastian Bisley Email: [email address]
Tel 64 4 462 0839 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011
Counsel Acting:
Victoria Heine Tel 64 460 0638 PO Box PO Box 1530 Wellington 6140 Wellington 6140
And
THE NATIONAL ANIMAL WELFARE ADVISORY
COMMITTEE
Second Respondent
1982
Act
Information
Official
the
under
Released
BF\61770600\1
Page 1
STATEMENT OF REPLY:
The first and second applicants ("
the applicants") by their solicitors say, in reply to
the first respondent's statement of defence dated 24 August 2021:
1.
They admit paragraphs 11.1 and 11.4 of the statement of defence, but deny
paragraphs 11.2 and 11.3 and refer to the Act as a whole.
2.
In relation to paragraphs 21 to 28 of the statement of defence they:
1982
(a)
admit that the 2018 Code contains a general description of rodeo and
rodeo events, some of which are set out in the statement of defence;
Act
(b)
say that The New Zealand Rodeo Cowboys Association Inc
Constitution and Rulebook contains further rules of the conduct of
rodeo;
(c)
otherwise deny paragraphs 21 to 28.
3.
They have no knowledge of and accordingly deny paragraph 29.2.
Information
4.
They either have no knowledge and so deny, or deny, paragraph 30.
5.
To the extent that paragraph 42 contains a positive pleading as to the
correctness of the NZALA Report they seek further particulars and otherwise
deny paragraph 42.
Official
6.
They have no knowledge of and accordingly deny paragraph 43.
the
7.
They have no knowledge of and accordingly deny paragraphs 47.1 and 47.2.
8.
In relation to paragraph 48:
(a)
to the extent that paragraph 48 contains matters of law relating to the
under 2018 Code, they do not plead;
(b)
they otherwise deny paragraph 48.
9.
In relation to paragraph 49:
(a)
to the extent that paragraph 49 contains matters of law relating to the
2018 Code, they do not plead;
Released (b) they say that consultation on the Regulations is not consultation on the
Code of Welfare;
(c)
they otherwise deny paragraph 49.
BF\61770600\1
Page 1
10. In relation to paragraph 50:
(a)
to the extent that paragraph 50 contains matters of law, they do not
plead;
(b)
they otherwise have no knowledge of and accordingly deny paragraph
50.
11. In relation to paragraph 51:
1982
(a)
to the extent that paragraph 51 contains matters of law, they do not
plead;
Act
(b)
they admit MPI ran public consultation:
(i)
in 2016 on proposed animal welfare regulations and say that the
applicants both submitted on those regulations;
(ii)
in 2019 on proposed animal welfare regulations on significant
surgical procedures, on which the applicants submitted;
Information
(iii)
but say that consultation on the Regulations is not consultation on
the Code of Welfare;
(c)
they otherwise have no knowledge of and accordingly deny paragraph
51.
Official
the
under
Released
BF\61770600\1
Page 2
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-000360
Under the
JUDICIAL REVIEW PROCEDURE ACT 2016
In the matter of
THE CODE OF WELFARE: RODEOS 2018
1982
Between
THE NEW ZEALAND ANIMAL LAW ASSOCIATION
Act
First Applicant
And
SAVE ANIMALS FROM EXPLOITATION
Second Applicant
And
THE ATTORNEY-GENERAL
First Respondent Information
[Continued Overleaf]
APPLICANTS' STATEMENT OF REPLY TO SECOND RESPONDENT'S
STATEMENT OF DEFENCE
Dated: 9 September 2021
Official
the
under
Released Barristers and Solicitors
Wellington
Solicitor Acting:
Sebastian Bisley Email: [email address]
Tel 64 4 462 0839 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011
Counsel Acting:
Victoria Heine Tel 64 460 0638 PO Box PO Box 1530 Wellington 6140 Wellington 6140
And
THE NATIONAL ANIMAL WELFARE ADVISORY
COMMITTEE
Second Respondent
1982
Act
Information
Official
the
under
Released
BF\61770498\1
Page 1
STATEMENT OF REPLY:
The first and second applicants ("
the applicants") by their solicitors say, in reply to
the second respondent's statement of defence dated 24 August 2021:
1.
In relation to paragraphs 21 to 28 of the statement of defence they:
(a)
admit that the 2018 Code contains a general description of rodeo and
rodeo events, some of which are set out in the statement of defence;
1982
(b)
say that The New Zealand Rodeo Cowboys Association Inc
Constitution and Rulebook contains further rules of the conduct of
Act
rodeo;
(c)
have no knowledge of and accordingly deny paragraph 24.1.3;
(d)
otherwise deny paragraphs 21 to 28.
2.
In relation to paragraph 29 they:
(a)
deny paragraph 29.1.1;
Information
(b)
have no knowledge of and accordingly deny paragraph 29.1.2.
3.
They either have no knowledge and so deny, or deny, paragraph 30.
4.
They have no knowledge of and accordingly deny paragraphs 31.2.1 to the
Official
extent that it records NAWAC’s assumptions or state of knowledge, and
31.2.2. the
5.
They have no knowledge of and accordingly deny paragraphs 32.3.1 and
32.3.2.
6.
They have no knowledge of and accordingly deny paragraphs 33.2.1 and
under
33.2.2.
7.
They have no knowledge of and accordingly deny paragraph 34.1.
8.
They have no knowledge of and accordingly deny paragraph 35.4.
9.
They have no knowledge of and accordingly deny paragraph 36.1.
Released 10. They have no knowledge of and accordingly deny paragraph 37.2.
11. They have no knowledge of and accordingly deny paragraph 40.
BF\61770498\1
Page 1
12. To the extent that paragraph 42 contains a positive pleading as to the
correctness of the NZALA Report they seek further particulars and otherwise
deny paragraph 42.
13. They have no knowledge of and accordingly deny paragraph 43.
14. They have no knowledge of and accordingly deny paragraph 47.
15. In relation to paragraph 48:
1982
(a)
to the extent that paragraph 48 contains matters of law relating to the
2018 Code, they do not plead;
Act
(b)
they otherwise deny paragraph 48.
16. In relation to paragraph 49:
(a)
to the extent that paragraph 49 contains matters of law relating to the
2018 Code, they do not plead;
(b)
they say that consultation on the Regulations is not consultation on the
Information
Code of Welfare;
(c)
they otherwise deny paragraph 49.
Official
the
under
Released
BF\61770498\1
Page 2
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
CIV-2021-485-360
I TE KŌTI MATUA 0 AOTEAROA
TE WHANGANUI-A-TARA TOHE
UNDER THE
Judicial Review Procedure Act 2016
IN THE MATTER OF
the Code of Welfare: Rodeos 2018
1982
BETWEEN
The New Zealand Animal Law Association
Act
First Applicant
AND
Save Animals From Exploitation
Second Applicant
AND
The Attorney-General
First Respondent Information
AND
The National Animal Welfare Advisory Committee
Second Respondent
Official
APPLICATION BY THE NEW ZEALAND RODEO COWBOYS ASSOCIATION INCORPORATED TO
BE JOINED AS A PARTY
the 13 September 2021
Next Event Date
under
Judicial Officer
Tavendale and Partners
Counsel: J V Ormsby
Lawyers
Plymouth Chambers
Level 3, Tavendale and Partners Centre
Level 2, 112 Cashel Street
329 Durham Street North
P O Box 363
P O Box 442
Christchurch 8140
Released
Christchurch 8140
Tel: (03) 365 1192
Tel: (03) 374 9999
Email: [email address]
Fax: (03) 374 6888
Solicitor acting: S J Jamieson
Email: [email address]
To:
The Registrar of the High Court at Wellington
And To:
The New Zealand Animal Law Association
And To:
Save Animals From Exploitation
And To:
The Attorney-General
1982
And To:
National Animal Welfare Advisory Committee
Act
This document notifies you that:
1. The applicant, the New Zealand Rodeo Cowboys Association Incorporated
(NZRCA) will on 13 September 2021 apply to the Court for an order granting it
leave to be joined as a party to this proceeding, and if not as a party then as an
intervener or an interested non-party.
2. The grounds on which NZRCA seeks leave to be a party are that:
Information
a. NZRCA is the representative body for rodeo in New Zealand;
b. NZRCA is the administering body for affiliated rodeo clubs in New Zealand
tasked with setting rules by which rodeos are conducted;
c. One of the NZRCA’s main constitutional purposes is:
Official
To promote the sport of Rodeo so it may rank among the foremost
New Zealand sports.
the
d. The grounds of review posed and relief sought are likely to result in the
development of the law around animal welfare and rodeo in New
Zealand;
under
e. The presence of NZRCA will improve the quality of information before the
Court;
f. The interests of NZRCA are not able to be adequately represented by any
other party to the proceeding;
g. The future of rodeo could be affected by the outcome of this proceeding;
Released h. It would be unjust to determine the issues in this proceeding in the
absence of NZRCA; and
1982
Act
Information
Official
the
under
Released
This Document is filed by SARA JOY JAMIESON solicitor for the Applicant, of the firm
Tavendale and Partners. The address for service of the Applicant is at the offices of
Tavendale and Partners, Level 3, 329 Durham Street, Christchurch.
Documents for service on the Applicant may be delivered to that address or may be:
(a)
posted to the solicitor at PO Box 442, Christchurch 8140.
1982
(b)
left for the solicitor at a document exchange for direction to DX WX11145,
Christchurch
Act
(c)
Emailed to the solicitor for the Applicant at [email address].
Information
Official
the
under
Released
1982
Act
Information
Official
the
under
Released
1982
Act
Information
Official
the
under
Released
1982
Act
Information
Official
the
under
Released
1982
Act
Information
Official
the
under
Released
1982
Act
Information
Official
the
under
Released
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
CIV-2021-485-360
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA TOHE
UNDER THE
Judicial Review Procedure Act 2016
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
1982
BETWEEN
The New Zealand Animal Law Association
First Applicant
Act
AND
Save Animals From Exploitation
Second Applicant
AND
The Attorney-General
First Respondent
AND
The National Animal Welfare Advisory
Committee
Information
Second Respondent
AND
New Zealand Rodeo Cowboys Association
Incorporated
Third Respondent
Official
STATEMENT OF DEFENCE OF THE THIRD RESPONDENT
the
11 November 2021
Next Event Date 15 November 2021 at 10:00am
Judicial Officer
under
Tavendale and Partners
Counsel: J V Ormsby
Lawyers
Plymouth Chambers
Level 3, Tavendale and Partners
Level 2, 112 Cashel Street
Centre 329 Durham Street North
P O Box 363
P O Box 442
Christchurch 8140
Christchurch 8140
Tel: (03) 365 1192
Released Tel: (03) 374 9999
Email: [email address]
Fax: (03) 374 6888
Solicitor acting:
S J Jamieson Email: [email address]
1
STATEMENT OF DEFENCE OF THE THIRD RESPONDENT
The Third Respondent says in answer to the Statement of Claim dated 19 July
2021:
Parties
1.
It admits paragraph 1.
2.
It admits that the Rules of the First Applicant contain similar purposes but
1982
otherwise denies paragraph 2.
Act
3.
It admits paragraph 3.
4.
It denies paragraph 4 and says further that the Second Applicant’s objectives,
as contained in its Rules, are to raise public awareness of the suffering, abuse
and exploitation of animals and promote education on human-animal relations.
5.
It admits paragraph 5.
6.
It admits paragraph 6.
Information
Relevant Statutory Framework
7.
It denies paragraph 7 and says that the purposes of the Animal Welfare Act
1999 (
Act) are set out in Parts 1-7 of the Act, with each Part having a purpose
statement.
Official
8.
It denies paragraph 8 and says further that it relies on the Act as if set out in
full. the
9.
It denies paragraph 9 and says further that:
a. section 183A empowers the Governor-General, on the
recommendation of the Minister, to make regulations relating to
under standards of care, including regulations that do not fully meet the
obligations of sections 10 and 11 or the obligations that a person
would need to observe in the treatment, transport, or killing of
animals if that person were to avoid an offence under other sections
including section 29.
b. Unlike Codes of Welfare, regulations are directly enforceable, and
Released
breach of a regulation is an offence.
c. Section 183A(10) provides that the Minister must consult with
NAWAC before recommending the making of any regulations but
2
nothing in sections 71 to 75 applies in relation to the making of such
regulations.
d. Section 184 imposes further consultation requirements to the extent
reasonably practicable in relation to proposed regulations.
10.
It denies paragraph 10 and repeats paragraphs 7 and 8.
1982
11.
It admits paragraph 11 save to clarify that minimum standards in codes of
welfare are not directly enforceable and relies on section 68 of the Act as if set
out in full. It says further that section 69 provides that codes of conduct may
Act
relate to a range of purposes and activities and relies on section 69 as if set out
in full.
12.
It denies paragraph 12 and says further that:
a. In considering the content of a draft code of welfare and before
deciding to recommend to the Minister the issue of the code, NAWAC
must be satisfied the proposed standards are the minimum
necessary to meet the purposes of the Act and that the
Information
recommendations for best practice (if any) are appropriate; and
b. Relies on section 73 of the Act as if set out in full.
13.
It admits paragraph 13 and relies on section 70 of the Act as if set out in full.
Official
14.
It denies paragraph 14 and relies on sections 71 and 76 as if set out in full.
the
15.
It admits paragraph 15 and relies on section 73 as if set out in full.
16.
It admits paragraph 16 and relies on section 73 as if set out in full.
17.
It admits paragraph 17 and relies on section 74 as if set out in full.
under
18.
It admits paragraph 18 and relies on section 74 as if set out in full.
19.
It admits paragraph 19 and relies on section 75 as if set out in full.
20.
In respect of paragraph 20:
a. It admits that section 76 of the Act provides that the Minister may
Released
from time to time revoke a code of welfare or any part of a code of
welfare; or make amendments of a minor nature to a code of welfare
(being minor amendments that would not materially affect the
purposes of the code).
3
b. relies on section 76 of the Act as if set out in full; and
c. otherwise denies paragraph 20.
The Practice of Rodeo
21.
It denies paragraph 21 and relies on the descriptions of the rodeo events
defined in the Code of Welfare: Rodeos 2018 (the “
2018 Code”) as if set out in
1982
full.
Steer wrestling
Act
22.
It admits steer wrestling is a rodeo event, where a horse-mounted rider chases
a steer, drops from the horse to the steer and wrestles it to the ground, it
otherwise denies paragraph 22 and says further:
a. it relies on paragraph 6.5 of the 2018 Code as if pleaded in full; and
b. says that in the steer wrestling event a mounted rider chases a steer,
drops from a horse to the steer and wrestles the steer to the ground. The
Information
time is flagged when the steer has all four hooves off the ground and legs
pointing out straight.
Calf roping
23.
It denies paragraph 23 and says further:
Official
a. calf roping is now known as rope and tie;
the
b. it relies on paragraph 6.3 of the 2018 Code as if pleaded in full; and
c. says in the rope and tie event, a calf is released from the chute which then
triggers the release of the horse and rider, who will rope the calf in the
arena, dismount, put the roped calf on the ground and tie three of the
under calf’s legs using a pegging string, while a well-trained horse will effectively
maintain the tension on the rope. The calf needs to remain tied to the
judge’s satisfaction for the tie to be considered successful. Calves used in
these events can be subjected to physical stressors and need to be fit,
healthy and without defects.
Calf riding
Released
24.
It admits calf riding is a children’s rodeo event, otherwise denies paragraph 24
and says further:
4
a. it relies on paragraph 6.6 of the 2018 Code as if pleaded in full; and
b. calf riding is designed to enable younger and lighter competitors to
participate in rodeo; and
c. its voluntary increase in the liveweight of animals used in this event has
led to the discontinuance of calf riding at rodeo events sanctioned by it. 1982
Bronc riding
25.
It admits bronc riding is a rodeo event that involves a rodeo participant riding a
Act
bucking horse that attempts to throw or buck off the rider, otherwise denies
paragraph 25 and says further:
a. it relies on paragraph 6.1 of the 2018 Code as if pleaded in full;
b. there are two types of this event, saddle bronc riding, where the horse is
fitted with a saddle, and bareback bronc riding, where the horse is fitted
with bareback rigging only;
Information
c. in both events the horse will be fitted with a flank strap which runs around
the body of the horse just in front of the back legs, which will encourage
the horse to buck; and
d. Minimum standard number 7 provides that the flank strap must not be so
Official
tight as to restrict the movement of the horse and must be removed from
the horse as soon as it is practicable to do so.
the
Bull and steer riding
26.
It admits bull and steer riding is a rodeo event that involves a rider mounting a
bucking bull/steer and attempting to stay mounted while the animal tries to
buck and dislodge the rider, otherwise denies paragraph 26 and says further:
under
a. it relies on paragraph 6.2 of the 2018 Code as if pleaded in full;
b. that the bull or steer is fitted with a front ‘bull rope’ which wraps arounds its
body and which the rider holds on top to maintain their seating. This bull
rope is required to fall away from the animal as soon as the rider is
displaced or dismounts; and
Released c. that the animal is also fitted with a flank strap to encourage bucking.
Minimum standard number 8 requires that the flank trap must not be so
tight as to restrict the movement of the animal.
5
Team roping
27.
It admits team roping is a rodeo event which involves two riders (a header and
a heeler) and a steer, otherwise denies paragraph 27 and says further;
a. it relies on paragraph 6.4 of the 2018 Code as if pleaded full;
b. that the header will rope the steer around both horns, the head and one
1982
horn, or the neck, and the heeler then ropes the steer around the hind
legs. The time recorded is the time at which the steer is stopped and there
is no slack in both the header and heeler’s ropes; and
Act
c. the rope is slackened immediately upon completion of the event when the
clock is stopped. The animals involved in this event need to be in good
physical condition with no defects.
Barrel racing
28.
It admits barrel racing is a rodeo event where riders guide their horses around
three barrels in a cloverleaf pattern in the shortest time possible, otherwise
Information
denies paragraph 28 and says further:
a. it relies on paragraph 6.7 of the 2018 Code as if pleaded in full; and
b. that given the requirements for this event, the animals participating need
Official
to be well trained and in good physical condition.
29. It denies paragraph 29 and says that rodeo is a well-established sport in New
the
Zealand and also serves an educational function.
30. It denies paragraph 30 and further says that:
a. The issue of pain and distress to animals in rodeo has been regularly
under reviewed and scrutinised under the Act and in the development of the
2014 and 2018 Codes of Welfare: Rodeo. Such scrutiny has
included a full review of the most up to date scientific research and
evidence, independent expert input, and submissions and information
provided by third parties including the Third Respondent as well as
the allegations now made by the Applicants in their pleadings and
contained in the First Applicant’s earlier report by Catriona
Released
MacLennan.
6
b. The Third Respondent has developed rules to ensure that rodeo
practices comply with the minimum standards set out in the 2018
Code.
c. Rodeo practices that comply with the current Code of Welfare: Rodeo
and the Rules of the Third Respondent do not cause unnecessary or
unreasonable pain or distress and/or result in the wilful or reckless ill-
treatment of animals and there are substantial safeguards in place to
1982
provide for the welfare of the animals involved in rodeo.
d. The Animal Welfare (Care and Procedure) Regulations 2018 created
Act
new offences for the misuse of animals including at rodeo events.
e. In 2019, the NZRCA established the Rodeo Animal Welfare
Committee to review, assess and make recommendations on animal
welfare issues to the NZRCA Board. Membership of the Committee
is limited to a minimum of six representatives and consists of an
independent chairperson, the NZRCA Animal Welfare Convenor (or
nominated delegate), the NZRCA President (or nominated delegate),
Information
a Ministry of Primary Industries Compliance representative, the Royal
New Zealand Society for Prevention of Cruelty to Animals Chief
Scientific Officer (or nominated delegate), and the New Zealand
Veterinarian Association’s Chief Veterinarian Officer (or nominated
delegate). A NAWAC observer must be present at each meeting.
Official
f.
Every rodeo in New Zealand requires an animal welfare officer and a
veterinarian experienced in treating horses and cattle. The officer
the
and veterinarian must inspect and approve each animal prior to
participation and monitor the event.
g. Parts of the Animal Welfare (Care and Procedures) Amendment
under Regulations 2020 apply to animals at rodeo events.
31. It denies paragraph 31 and repeats paragraphs 22 and 30.
32. It denies paragraph 32 and repeats paragraphs 23 and 30.
33. It denies paragraph 33 and repeats paragraphs 24 and 30.
Released 34. It denies paragraph 34 and repeats paragraphs 25 and 30.
35. It denies paragraph 35 and repeats paragraphs 26 and 30.
36. It denies paragraph 36 and repeats paragraphs 27 and 30.
7
37. It denies paragraph 37 and repeats paragraphs 28 and 30
38. It denies paragraph 38 and repeats paragraph 30.
Rodeo Codes of Welfare
39. It admits paragraph 39
40. It admits paragraph 40.
1982
41. It admits paragraph 41.
Act
42. It admits the text of the NZALA report and otherwise denies paragraph 42.
43. It has insufficient knowledge and therefore denies paragraph 43.
44. It admits paragraph 44.
45. It admits the NAWAC’s report is dated May 2018 and that it was published on
NAWAC’s website in October 2018, and otherwise has insufficient knowledge
and denies paragraph 45.
Information
46. It admits paragraph 46.
47. It denies paragraph 47 and relies on the NAWAC report in full.
48. It apprehends that the matters pleaded at paragraph 48 relate to the conduct and
Official
interests of the First and Second Respondents and that it is not required to plead
to the allegations therein.
the
49. It apprehends that the matters pleaded at paragraph 49 relate to the conduct and
interests of the First and Second Respondents and that it is not required to plead
to the allegations therein.
under
50. It admits paragraph 50.
51. It respect of paragraph 51:
a. It admits that it is aware the Code was amended under section 76 of
the Act.
b. It admits paragraph (a) but says that this requirement was already
Released
contained in the 2018 Code at Minimum Standard 4(a).
c. It admits that a new chapter 7.1 Significant Surgical Procedures was
introduced but otherwise denies paragraph (b).
8
d. It denies paragraph (c).
e. It admits paragraph (d).
f.
It admits paragraph (e)
52. It denies paragraph 52.
Statutory powers of decision
1982
53. It apprehends that the matters pleaded at paragraph 53 relate to the conduct and
Act
interests of the First and Second Respondents and that it is not required to plead
to the allegations therein.
54. It apprehends that the matters pleaded at paragraph 54 relate to the conduct and
interests of the First and Second Respondents and that it is not required to plead
to the allegations therein.
First ground of review – Failure to follow process
Information
55. It apprehends that the matters pleaded at paragraph 55 relate to the conduct and
interests of the First and Second Respondents and that it is not required to plead
to the allegations therein.
56. It apprehends that the matters pleaded at paragraph 56 relate to the conduct and
interests of the First and Second Respondents and that it is not required to plead
Official
to the allegations therein.
57. It apprehends that it is not required to plead in respect of the process followed by
the
the Second Respondent but says further that to the extent paragraph 57 seeks
to allege or intimate that NAWAC had inadequate information, research, and
scientific knowledge such that conduct consistent with the 2018 Code may result
in rodeo practices that contravene the Act then it denies the allegations pleaded
under
therein.
58. It apprehends that it is not required to plead in respect of the process followed by
the Second Respondent but says further that to the extent paragraph 58 seeks
to allege or intimate that NAWAC had inadequate information, research, and
scientific knowledge such that conduct consistent with the 2018 Code may result
in rodeo practices that contravene the Act then it denies the allegations pleaded
Released therein.
59. It apprehends that it is not required to plead in respect of the processes followed
by the Minister or Second Respondent but says further that to the extent
9
paragraph 59 seeks to allege or intimate that NAWAC had inadequate
information, research, and scientific knowledge such that conduct consistent with
the 2018 Code may result in rodeo practices that contravene the Act then it
denies the allegations pleaded therein.
60. It apprehends that it is not required to plead in respect of the processes followed
by the Minister or Second Respondent but says further that to the extent
paragraph 60 seeks to allege or intimate that rodeo practices are unlawful under
1982
the Act itself then it denies the allegations pleaded therein.
Second ground of review – ultra vires or improper purpose
Act
61. It denies paragraph 61.
62. It denies paragraph 62.
63. It denies paragraph 63.
Relief
Information
64. It is not required to plead to paragraph 64.
This Document is filed by
SARA JOY JAMIESON solicitor for the Third Respondent,
of the firm Tavendale and Partners. The address for service of the Third Respondent
Official
is at the offices of Tavendale and Partners, Level 3, 329 Durham Street,
Christchurch.
the
Documents for service on the Third Respondent may be delivered to that address or
may be:
(a)
posted to the solicitor at PO Box 442, Christchurch 8140.
under
(b)
left for the solicitor at a document exchange for direction to DX
WX11145, Christchurch
(c)
Emailed
to
the
solicitor
for
the
Third
Respondent
at
[email address]
/
[email address]
and
to
[email address].
Released
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-360
1982
UNDER THE
Judicial Review Procedure Act 2016
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
Act
BETWEEN
THE NEW ZEALAND ANIMAL LAW
ASSOCIATION
First applicant
AND
SAVE ANIMALS FROM
EXPLOITATION
Second applicant
AND
THE ATTORNEY-GENERAL
Information
First respondent
AND
THE NATIONAL ANIMAL WELFARE
ADVISORY COMMITTEE
Official
Second respondent
the
SECOND RESPONDENT’S AMENDED STATEMENT OF DEFENCE
3 December 2021
under
Counsel acting:
Rachel Roff
Clifton Chambers
[email address]
Wakefields Lawyers Ltd
PO Box 8091
Wellington 6143
Released
04 909 7506
Contact person: Michelle Stapleton
michel [email address]
1
The second respondent by its solicitor says in response to the statement of claim dated
19 July 2021:
PARTIES
1.
Admits paragraph 1.
2.
Apprehends paragraph 2 contains matters to which it is not required to plead.
1982
3.
Admits paragraph 3.
Act
4.
Apprehends paragraph 4 contains matters to which it is not required to plead.
5.
Admits paragraph 5.
6.
Admits paragraph 6.
RELEVANT STATUTORY FRAMEWORK
Purposes, policy and object of the Act Information
7.
Apprehends paragraph 7 contains matters of law and/or submission to which
it is not required to plead.
8.
Apprehends paragraph 8 contains matters of law and/or submission to which
Official
it is not required to plead.
the
9.
Apprehends paragraph 9 contains matters of law and/or submission to which
it is not required to plead.
10.
Apprehends paragraph 10 contains matters of law and/or submission to which
it is not required to plead.
under
Codes of Welfare
11.
In respect of paragraph 11:
11.1
admits codes of welfare establish minimum standards with regard to
the way in which persons care for animals and conduct themselves
Released
towards such animals; and
2
11.2
admits codes of welfare include recommendations on the best
practice to be observed by persons in caring for such animals and in
conducting themselves towards such animals; and
11.3
relies on sections 68 and 69 of the Act as if set out in full; and
11.4
further says minimum standards in codes of welfare are not directly
1982
enforceable; but
11.5
otherwise denies paragraph 11.
Act
12.
Denies paragraph 12 and further says:
12.1
before making its recommendation on minimum standards in a code
of welfare, NAWAC must be satisfied the proposed standards are the
minimum necessary to meet the purposes of the Act; and
12.2
relies on section 73 of the Act as if set out in full.
Information
13.
Admits paragraph 13 and relies on section 70 of the Act as if set out in full.
14.
In respect of paragraph 14:
Official
14.1
admits NAWAC must publicly notify a draft code of welfare if
NAWAC is satisfied the requirements of section 71(1) of the Act are
met; and
the
14.2
admits NAWAC may consult with those persons who, in response to
a notice published or given under section 71(3) of the Act make draft
submissions on the draft code of welfare; and
under
14.3
relies on sections 71, 72 and 76 of the Act as if set out in full; but
14.4
otherwise denies paragraph 14.
15.
Admits paragraph 15 and relies on section 73 of the Act as if set out in full.
Released 16. Admits paragraph 16 and further says:
16.1
in carrying out its functions under section 73(1) NAWAC must also
have regard to:
3
16.1.1 available technology; and
16.1.2 any other matters considered relevant by NAWAC; and
16.2
relies on section 73 of the Act as if set out in full.
17.
Admits paragraph 17 and relies on section 74 of the Act as if set out in full.
1982
18.
Admits paragraph 18 and relies on section 74 of the Act as if set out in full.
19.
Admits paragraph 19 and relies on section 75 of the Act as if set out in full.
Act
20.
In respect of paragraph 20:
20.1
admits section 76 of the Act provides that the Minister may:
20.1.1 revoke a code of welfare or any part of a code of welfare; or
20.1.2 make amendments of a minor nature to a code of welfare
Information
(being minor amendments that would not material y affect
the purposes of the code); and
20.2
relies on section 76 of the Act as if set out in full; but
Official
20.3
otherwise denies paragraph 20.
THE PRACTICE OF RODEO
the
21.
Denies paragraph 21 and refers to the 2018 Code of Welfare: Rodeos (2018
Code) definition of “rodeo” at Appendix 1 of the 2018 Code, and the
descriptions of rodeo events referred to therein.
under
22.
In respect of paragraph 22:
22.1
admits Steer Wrestling is a rodeo event; and
22.2
admits a horse-mounted rider chases a steer, drops from the horse to
the steer and wrestles the steer to the ground. The time is flagged
Released
when the steer has al four hooves off the ground and legs pointing
out straight; and
4
22.3
relies on Part 6.5 and Appendix 1 of the 2018 Code as if set out in
ful ; but
22.4
otherwise denies paragraph 22.
23.
In respect of paragraph 23 says:
23.1
Calf Roping is a rodeo event now known as Rope and Tie; and 1982
23.2
Rope and Tie is a timed rodeo event, where a calf is released from a
Act
chute which then triggers the release of the horse and rider, who will
rope the calf in the area, dismount, put the roped calf on the ground
and tie three of the calves’ legs together using a pigging string, while a
wel -trained horse will effectively maintain the tension on the rope.
The calf needs to remain tied for six seconds for the tie to be
considered successful; and
23.3
relies on Part 6.3 and Appendix 1 of the 2018 Code as if set out in
Information
full; but
23.4
otherwise denies paragraph 23.
24.
In respect of paragraph 24:
Official
24.1
admits Calf Riding is a rodeo event; and further says:
the
24.1.1 Calf Riding is designed to enable younger and lighter
competitors to participate in rodeo; and
24.1.2 weight restrictions that apply are designed to ensure that the
under
animal involved in the event is not placed under undue
stress; and
24.1.3 the voluntary increase by the New Zealand Rodeo Cowboys
Association (NZRCA) in the liveweight of animals used in
this event has led to the discontinuance of Calf Riding at
Released
NZRCA sanctioned rodeo events.
24.2
relies on Part 6.6 of the 2018 Code as if set out in full; but
5
24.3
otherwise denies paragraph 24.
25.
In respect of paragraph 25:
25.1
admits that Bronc Riding is a rodeo event; and
25.2
admits that Bronc Riding involves a rodeo participant riding a
bucking horse that attempts to throw or buck off the rider; and
1982
further says:
Act
25.2.1 there are two types of Bronc Riding: saddle bronc riding
where a horse is fitted with a saddle; and bareback bronc
riding where the horse is fitted with bareback rigging only;
and
25.2.2 in both events the horse is fitted with a flank strap which
runs around the body of the horse just in front of the back
legs, which wil encourage the horse to buck; and
Information
25.3
relies on Part 6.1 and Appendix 1 of the 2018 Code as if set out in
full; but
25.4
otherwise denies paragraph 25.
Official
26.
In respect of paragraph 26:
the
26.1
admits that Bull or Steer Riding is a rodeo event; and further says:
26.1.1 Bull or Steer Riding involves a bull or a steer being released
into the arena where it wil buck to dislodge the rider from
under
its back; and
26.1.2 the animal is fitted with a front “bull rope” which wraps
around its body and which the rider holds onto to maintain
his or her seating; and
Released
26.1.3 the bull rope is a quick release type of rope that will fall away
from the animal as soon as the rider is displaced or
dismounts; and
6
26.1.4 the animal is also fitted with a flank strap to encourage
bucking; and
26.2
relies on Part 6.2 and Appendix 1 of the 2018 Code as if set out in
ful ; but
26.3
otherwise denies paragraph 26.
1982
27.
In respect of paragraph 27:
Act
27.1
admits that Team Roping is a rodeo event; and
27.2
admits that Team Roping involves two riders a header and a heeler
and a steer; and says further
27.2.1 the header wil rope the steer around both horns, the head
and one horn, or the neck, and the heeler then ropes the
steer around the hind legs. The time recorded is that after
Information
the steer is stopped and there is no slack in both the header
and heeler’s ropes; and
27.2.2 the rope is slackened immediately upon completion of the
event when the clock is stopped; and
Official
27.3
relies on Part 6.4 and Appendix 1 of the 2018 Code as if set out in
the
ful ; but
27.4
otherwise denies paragraph 27.
28.
Admits paragraph 28 and relies on Part 6.7 and Appendix 1 of the 2018 Code
under
as if set out in full.
29.
In respect of paragraph 29:
29.1
admits the practice of rodeo is undertaken for entertainment
purposes; and further says:
Released
29.1.1 the practice of rodeo is also a recognised sport; and
29.1.2 NAWAC is developing a Guideline that will be applied by
NAWAC in order understand why people engage with
7
activities using animals in exhibition, entertainment, and
encounter (the 3Es). The Guideline and principles therein
will guide NAWAC’s decision making for these uses. It is
anticipated that NAWAC will have finalised the Guideline
by the end of 2021; but
29.2
otherwise denies paragraph 29.
1982
30.
Denies paragraph 30; and further says:
Act
30.1
Rodeo practices that comply with the minimum standards set out in
the 2018 Code do not cause unnecessary or unreasonable pain or
distress and/or result in the wilful or reckless ill-treatment of animals;
and
30.2
The minimum standards set out in the 2018 Code are the minimum
standards necessary to ensure the purposes of the Act are met.; and
Information
30.3
At a meeting on 19 May 2021 NAWAC decided to:
30.3.1 reprioritise a statutory review of the 2018 Code; and
30.3.2 convene a NAWAC subcommittee (the Rodeo Code Review
Official
Subcommittee) to undertake the statutory review; and
the
30.4
The Rodeo Code Review Subcommittee’s statutory review of the
2018 Code is currently at the pre-consultation stage. This will involve
NAWAC consulting with representatives of the persons likely to be
affected by the draft, including the applicants.
under
31.
In respect of paragraph 31:
31.1
repeats paragraphs 30.1 to 30.4 above; and
31.2
admits it is likely there is at least moderate pain experienced by the
steer from the ‘throwing’ action imposed by the contestant when the
Released
neck twist is applied using the horns and chin as leverage; and further
says:
8
31.2.1 NAWAC assumes that some bruising would persist after the
event; and
31.2.2 NAWAC recommended to the Associate Minister of
Agriculture, the Hon Meka Whaitiri (the Minister) in May
2018, in relation to Steer Wrestling, the implementation of
non-regulatory actions to encourage recommended best
1982
practice, gather information and monitor compliance with
minimum standards. These included:
Act
(a)
the commissioning of further research into the
impact of experiences in the rodeo arena; and
(b)
increased monitoring and record keeping of the
animals being trained and used over a season,
including the number of animals involved, and any
animal injuries sustained; and
Information
31.3
otherwise, does not know and therefore denies paragraph 31.
32.
In respect of paragraph 32:
Official
32.1
repeats paragraph 23.1 to 23.3 above; and
32.2
repeats paragraph 30.1 to 30.4 above; and
the
32.3
admits that some physical and brief physiological stress may be
suffered by some of the animals involved; and further says
under 32.3.1 NAWAC concluded in 2013, in relation to Rope and Tie,
that in the absence of evidence that the event causes calves’
significant pain and distress, the event should not be
discontinued; and
32.3.2 NAWAC recommended to the Minister in 2018, in relation
to Rope and Tie, the implementation of non-regulatory
Released
actions to encourage recommended best practice, gather
information and monitor compliance with minimum
standards. These included:
9
(a)
the implementation of methods and instruments
that may have less of a negative impact on calves
e.g. bungee ropes/breakaway ropes; and
(b)
the commissioning of further research into
investigating the type and severity of damage to the
necks of calves arising from this event; and 1982
(c)
discussing with the industry options to reduce the
Act
number of calves used at rodeos or alternatively, to
implement a voluntary phase out and cessation of
this calf event; and
32.4
otherwise, does not know and therefore denies paragraph 32.
33.
In respect of paragraph 33:
33.1
repeats paragraph 30.1 to 30.4 above; and
Information
33.2
admits there is likely to be discomfort or irritation caused to the calf
from the flank strap (if used) and the chest rope; and further says:
33.2.1 NAWAC concluded in 2013, in relation to Calf Riding, that
Official
calves are of a sufficient weight and maturity that they will
not be subjected to unreasonable pain or distress in this
the event;
33.2.2 NAWAC recommended to the Minister in 2018, in relation
to Calf Riding, the implementation of non-regulatory actions
under
to encourage recommended best practice, gather
information, and monitor compliance with minimum
standards. Being:
(a)
increased monitoring and record keeping of
animals used, including reporting injury rates 48
Released
hours post-event; and
10
(b)
ensuring children are weighed at each event before
they ride calves to make sure that they comply with
the maximum weight requirements; and
(c)
the voluntary increase by NZRCA in the liveweight
of animals used in this event has led to the
discontinuance of Calf Riding at NZRCA
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sanctioned rodeo events.
Act
33.3
otherwise, does not know and therefore denies paragraph 33.
34.
In respect of paragraph 34:
34.1
repeats paragraph 30.1 to 30.4 above; and further says:
34.1.1 NAWAC concluded in 2013, in relation to Bronc Riding,
that the spurs used on animals in bucking events are
adequately dulled and rotate sufficiently that they wil not
Information
cause the animals undue pain or distress; and
34.1.2 NAWAC recommended to the Minister in 2018, in relation
to Bronc Riding, the implementation of non-regulatory
Official
actions to encourage recommended best practice, gather
information, and monitor compliance with minimum
the standards. Being:
(a)
increased monitoring and recording keeping of
training of animals, including the number of
under
animals involve, and injuries sustained; and
(b)
monitoring and reporting injury rates 48 hours
post-event; and
(c)
discussing with the industry the necessity of spurs
and whether alternative equipment can be used;
Released 34.2 otherwise, does not know and therefore denies paragraph 34.
35.
In respect of paragraph 35:
11
35.1
repeats paragraph 30.1 to 30.4 above;
35.2
admits that, very occasionally, bulls can suffer back injuries, fractures,
or luxation’s that require the bull to be euthanised; but says NAWAC
concluded in 2018 that the frequency of these injuries was low; and
relies on the NAWAC commissioned Report entitled “Rodeo events
– how do they impact the sentient animal” dated May 2018 (2018
1982
NAWAC report), veterinary report statistics supplied by NZRCA for
the 2017/2018 rodeo season, and an analysis of the 2017/2018
Act
veterinary report statistics prepared by the Chairperson of NAWAC
for the purpose of the 2018 NAWAC report, as if pleaded in full; and
35.3
admits that a study in the USA in 2017 found that the bucking bul s
studied in that country were more likely to develop horn and sinus
disorders, and musculoskeletal issues; and
35.4
further says:
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35.4.1 NAWAC recommended to the Minister in 2018, in relation
to Bull or Steer Riding, the implementation of non-
regulatory actions to encourage recommended best practice,
Official
gather information, and monitor compliance with minimum
standards. Being:
the (a) increased monitoring and record keeping of the
animals being trained, including the number of
animals involved, and any animal injuries sustained;
and
under
(b)
monitoring and reporting injury rates 48 hours
post-event.
35.5
otherwise, does not know and therefore denies paragraph 35.
36.
In respect of paragraph 36:
Released
36.1
repeats paragraph 30.1 to 30.4 above; and further says:
12
36.1.1 NAWAC concluded in 2018 that the likelihood of pain and
injury during Team Roping was minimal and it
recommended to the Minister, in relation to Team Roping,
the implementation of non-regulatory actions to encourage
recommended best practice, gather information, and
monitor compliance with minimum standards. Being: 1982
(a)
increased monitoring and record keeping of
animals undergoing training for team roping; and
Act
(b)
the commissioning of research into alternative
equipment that would aim to reduce the impact
that the event has on the animal; and
36.2
Otherwise, does not know and therefore denies paragraph 36.
37.
In respect of paragraph 37:
Information
37.1
repeats paragraph 30.1 to 30.4 above; and further says:
37.2
NAWAC concluded in 2018 that the risk of injury caused by Barrel
Racing was low and it recommended to the Minister non-regulatory
Official
actions to encourage recommended best practice, gather information,
and monitor compliance with minimum standards. Being:
the
37.2.1 discussing with the industry the necessity of using curb bits,
spurs, and whips during this event, and to determine
whether there are alternatives that could be used; and
under 37.2.2 increased monitoring and record keeping of horses
undergoing training for Barrel Racing; and
37.2.3 the commissioning of research into injury rates in post-event
period; and
37.3
otherwise, does not know and therefore denies paragraph 37.
Released
38.
Does not know and therefore denies paragraph 38, and further repeats
paragraph 30.1 to 30.4 above.
13
RODEO CODE OF WELFARE
39.
Admits paragraph 39.
40.
Admits paragraph 40 and further says:
40.1
Consultation with representatives of the persons likely to be affected
by the draft Code (pre-consultation) took place between 25 May and
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29 June 2012 with Bull Riding NZ Inc, NZRCA, the NZ Veterinary
Association and the Royal Society for the Prevention of Cruelty to
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Animals ; and
40.2
Public consultation ran from 12 October to 26 November 2012,
following notices in newspapers in Auckland, Wellington,
Christchurch and Dunedin and direct contact with interest groups;
and
40.3
30 written submissions on the draft Code were received, as well as
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368 form letters from SAFE and 8 form letters from rodeo
supporters; and
40.4
NAWAC convened a subcommittee to consider the submissions. The
Official
subcommittee consulted with Ministry for Primary Industries (MPI)
Animal Welfare staff, visited rodeo events, and consulted with
the
industry. The subcommittee contracted experts Bernie Rollin,
philosopher and ethicist, and Professor Orivaldo Tenorio, a
veterinarian and regulator of rodeo in Brazil; and
40.5
under The draft Code was peer reviewed by Dr Cia Johnson of the
American Veterinary Medical Association’s Animal Welfare Division;
and
40.6
NAWAC recommended the draft Code to the Minister for Primary
Industries on 5 September 2013.
Released 41. Admits paragraph 41.
42.
In respect of paragraph 42:
14
42.1
admits the NZALA report provided a review of the practice of rodeo
in New Zealand, and set out the position in other jurisdictions, and
some evidence of the impact of rodeo on animals; but
42.2
otherwise denies paragraph 42 and denies that the NZALA report’s
conclusion is correct.
1982
43.
Denies paragraph 43 and further says:
43.1
the Minister sought advice from NAWAC on several aspects of
Act
rodeos, being the use of calves, tail twisting, rope burning, flank
straps, and electric prodders when she attended a NAWAC meeting
on 14 February 2018; and
43.2
to address the matters raised by the Minister, NAWAC assembled an
expert panel that utilised a Five Domains model approach to assess
the impact of individual rodeo events on the welfare of the animals
Information
involved; and
43.3
the expert panel did not consider ethical, social, or legal questions
relating to rodeos, nor carry out a statutory review of the 2014 Code.
Official
44.
Admits paragraph 44.
45.
In respect of paragraph 45:
the
45.1
admits the 2018 NAWAC report was dated May 2018; and further
says:
under 45.1.1 the NAWAC report was put on the NAWAC website in
October 2018; but
45.2
otherwise denies paragraph 45.
46.
Admits paragraph 46.
Released 47. Admits paragraph 47; and
47.1
relies on the 2018 NAWAC Report as if set out in full; and further
says:
15
47.1.1 NAWAC considered that the current minimum standards
and the new Animal Welfare (Care and Procedures)
Regulations 2018 that were being developed and were due to
come into force on 1 October 2018 adequately managed the
issues raised by the Minister; and
47.1.2 NAWAC recommended several non-regulatory actions to
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encourage recommended best practice, gather information,
and monitor compliance with minimum standards. These
Act
included the establishment of a Rodeo Animal Welfare
Committee, increased monitoring and record keeping;
proposing the commissioning of research to assess the
physical impact of events on animals; and discussions with
the industry to explore and introduce alternative instruments
and practices; and
Information
47.1.3 Subsequently:
(a)
NZRCA has established the Rodeo Animal Welfare
Committee (RAWC) in August 2019. The RAWC is
made up of representatives from NZRCA, SPCA,
Official
New Zealand Veterinary Association and MPI
Compliance. NAWAC sits on the RAWC as an
the
observer; and
(b)
RAWC passed a motion for the NZRCA Board to
consider ceasing the Rope and Tie event. This
under
motion was rejected at the NZRCA’s AGM in July
2021; and
(c)
RAWC passed a motion for the NZRCA Board to
consider banning the use of whips/crops in Barrel
Racing. This motion was rejected at the NZRCA’s
AGM in July 2021; and
Released
(d)
A more detailed record keeping system has been
established by NZRCA, under the guidance of
16
RAWC, in the form of updated veterinarian report
templates being completed by the on-site
veterinarian attending the rodeo on the day of the
rodeo; and
(e)
NZRCA now requires weights to be provided for
all animals used in Steer Wrestling events; and 1982
(f)
NZRCA has voluntary increased the liveweight of
Act
animals used in Calf Riding which has led to the
discontinuance of Calf Riding at NZRCA
sanctioned rodeo events. The event is now known
as “junior steer riding”; and
(g)
NAWAC understands, NZRCA is, on the advice of
RAWC, considering initiating a drug testing regime
to screen for the use of pain relief in competitors’
Information
horses in Barrel Racing; and
(h)
NAWAC provides the Minister with bi-annual
updates on Rodeos.
Official
48.
In respect of paragraph 48:
the
48.1
admits that NAWAC was consulted on the revocation of the 2014
Code and the issue
of the 2018 Code as required under section 76(2)
of the Act; and further says:
under 48.1.1 NAWAC informed the Minister on 16 August 2018 that it
supported the amendment and issue of 2018 Code; and
48.1.2 The 2018 Code contained only amendments of a minor
nature, made under s 76(1)(b); and
48.1.3 These amendments were consequential and minor
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amendments to incorporate the Animal Welfare (Care and
Procedures) Regulations 2018 (
Regulations), which came
into force on 1 October 2018; and
17
48.1.4 NAWAC participated in the process for developing the
Regulations including placing its members on a Regulations
working group, providing comment on the policy intent of
regulatory proposals, and commenting on the draft
regulations; and
48.1.5 The applicants and any affected party had an opportunity to
1982
be consulted and make submissions on the Regulations and
therefore to the amendments to the Code, because Part 2 of
Act
Schedule 2 of the Regulations set out the minor
amendments that were to be made to the Code.
48.2
otherwise denies paragraph 48.
49.
Admits paragraph 49, repeats paragraph 48 above and further says:
49.1
because the 2018 Code contained only minor amendments there was
Information
no requirement for NAWAC to publicly notify the 2018 Code or
produce a report under s 74(2); but
49.2
there was, in any case, adequate consultation and notification in
respect of the amendments that were made to the Code because the
Official
applicants and any affected party had the opportunity to be consulted
and make submissions during the extensive public notification and
the
consultation that took place for the Regulations.
50.
Admits paragraph 50 and repeats paragraphs 48 and 49 above.
51.
In respe
under ct of paragraph 51:
51.1
admits the 2018 Code was amended under s 76, with effect from 9
May 2021; and
51.2
admits paragraph 51(a); and
51.3
admits that a new chapter 7.1 Significant Surgical Procedures was
Released
introduced; but otherwise denies paragraph 51(b); and
51.4
denies paragraph 51(c); and
18
51.5
admits paragraph 51(d); and
51.6
admits paragraph 51(e); and
52.
Denies paragraph 52.
STATUTORY POWERS OF DECISION
1982
53.
Admits paragraph 53.
54.
Admits paragraph 54.
Act
GROUNDS OF REVIEW
First Ground of Review
55.
Denies paragraph 55.
56.
Denies paragraph 56.
Information
57.
Denies paragraph 57.
58.
Denies paragraph 58.
59.
Apprehends that it is not required to plead to paragraph 59, but if required to
Official
plead denies paragraph 59.
60.
Apprehends that paragraph 60 contains matters of law to which it is not
the
required to plead, but if required to plead denies paragraph 60.
Second Ground of Review
under
61.
Apprehends that paragraph 61 contains matters of law and/or legal submission
to which it is not required to plead.
62.
Apprehends that paragraph 62 contains matters of law and particulars to which
it is not required to plead, but if required to plead denies paragraph 62.
63.
Apprehends that it is not required to plead to paragraph 63, but if required
Released denies paragraph 63.
19
Relief
64.
Apprehends paragraph 64 contains matters to which it is not required to plead.
1982
This document is filed by Michel e Stapleton, solicitor for the second respondent, of
Wakefields Lawyers Ltd.
Act
The address for service of the second respondent is Wakefields Lawyers Ltd, Level 2,
Zephyr House, 82 Willis Street, Wellington 6011. Documents for service on the second
respondent may be left at this address for service or may be:
(a)
posted to the solicitor at PO Box 8091, Wellington 6140; or
(b)
emailed to the solicitor at [email address] provided the documents
are also emailed to [email address]
Information
Official
the
under
Released
20
Initial Disclosure Documents
No.
Date
Description
1
Undated
Letter from Minister of Agriculture to NAWAC
2
25/05/2012
NAWAC invitation Rodeo Code
1982
3
05/09/2013
Letter from NAWAC to Minister for Primary Industries
Act
4
2013
2014 Code Report
5
2014
Code of Welfare Rodeos
6
2017
Scientific article
7
2018
Code of Welfare Rodeos
8
14/02/2018
Minutes
Information
9
15/02/2018
Letter from NAWAC to Assoc Minister of Agriculture
10
01/03/2018
Press Release
11
31/05/2018
Letter from NAWAC to Assoc Minister of Agriculture
Official
12
16/08/2018
Letter from NAWAC to Assoc Minister of Agriculture
the
13
15/04/2019
Letter from NAWAC to Minister of Agriculture
14
19/09/2019
Letter from NAWAC to Minister of Agriculture
under
15
05/08/2020
Letter from NAWAC to Minister of Agriculture
16
05/08/2021
Letter from NAWAC to Assoc Minister of Agriculture
17
May 2018
Rodeo Events – How do they impact on the sentient
animal?
Released 18 2018
Summary and Analysis of Data from NZRCA for
2017/2018 rodeo season
19
September 2021 Rodeo Code Review Subcommittee Minutes
21
20
October 2021
Rodeo Code Review Subcommittee Minutes
21
March 2013
Rodeo Code Review Subcommittee Minutes
22
May 2018
NAWAC General Meeting Minutes
23
August 2018
NAWAC General Meeting Minutes
1982
24
2017/2018
Veterinary report statistics
Act
25
2016/2017
Veterinary report statistics
Information
Official
the
under
Released
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-000360
Under the
JUDICIAL REVIEW PROCEDURE ACT 2016
In the matter of
THE CODE OF WELFARE: RODEOS 2018
1982
Between
THE NEW ZEALAND ANIMAL LAW ASSOCIATION, a duly
incorporated society, having its registered office in
Act
Wellington
First Applicant
And
SAVE ANIMALS FROM EXPLOITATION, a duly
incorporated society, having its registered office in
Wellington
Second Applicant Information
And
THE ATTORNEY-GENERAL sued for and on behalf of the
Minister for Agriculture being the Minister responsible for the
administration of the Animal Welfare Act 1999
First Respondent
[Continued Overleaf]
Official
AMENDED STATEMENT OF CLAIM (APPLICATION FOR REVIEW)
the
Dated : 19 April 2022
under
Released Barristers and Solicitors
Wellington
Solicitor Acting:
Sebastian Bisley Email: [email address]
Tel 64 4 462 0839 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011
Counsel Acting:
Victoria Heine QC Tel 64 460 0638 PO Box PO Box 1530 Wellington 6140
And
THE NATIONAL ANIMAL WELFARE ADVISORY
COMMITTEE, a ministerial advisory committee established
under the Animal Welfare Act 1999
Second Respondent
And
THE NEW ZEALAND RODEO COWBOYS ASSOCIATION
INCORPORATED, a duly incorporated society having its
registered office in Dunedin
Third Respondent
1982
Act
Information
Official
the
under
Released
BF\62566408\1
AMENDED STATEMENT OF CLAIM (APPLICATION FOR REVIEW)
The applicants say:
PARTIES
1.
The first applicant, The New Zealand Animal Law Association Incorporated,
is an incorporated society registered under the Incorporated Societies Act
1908, and has its registered office at 7/101 Lambton Quay, Wellington. It is
1982
also a charitable entity registered under the Charities Act 2005.
2.
The primary purposes of the first applicant are to improve the welfare and
Act
lives of animals through the legal system, advance animal law education,
combat the prevalence of animal cruelty in New Zealand and uphold the rule
of law through litigation.
3.
The second applicant, Save Animals From Exploitation Incorporated, is an
incorporated society registered under the Incorporated Societies Act 1908,
and has its registered office at 32 Salamanca Road, Wellington. It is also a
charitable entity registered under the Charities Act 2005.
Information
4.
The second applicant’s purpose is to prevent the suffering, abuse and
exploitation of animals by raising public awareness and promoting education.
5.
The first respondent is the Attorney-General sued for and on behalf of the
Official
Minister for Agriculture (
Minister) in respect of the Animal Welfare Act 1999
(
Act). The Minister is responsible for the administration of the Act, including
the
the issuance, revocation, amendment and review of Codes of Welfare under
Part 5 of the Act.
6.
The second respondent is the National Animal Welfare Advisory Committee,
established under Part 4 of the Act (
NAWAC). NAWAC's functions include
under
making recommendations to the Minister concerning the issuance and review
of codes of welfare under the Act.
7.
The third respondent is the New Zealand Rodeo Cowboys Association
Incorporated (
NZRCA), an incorporated society that has as its purpose (inter
alia) to administer rodeo fixtures and to promote the practice of rodeo
activities.
Released
BF\62566408\1
Page 1
RELEVANT STATUTORY FRAMEWORK
Purposes, policy and object of the Act
8.
The purpose of the Act is to provide for the welfare of animals, in recognition
that animals are sentient.
9.
The Act contains a range of provisions which are intended to achieve that
purpose, including:
1982
(a)
imposing a mandatory obligation on owners and persons in charge of
animals to ensure that the physical, health, and behavioural needs of
Act
those animals are met (
section 10 obligation);
(b)
in section 4:
(i)
defining the term "physical, health, and behavioural needs" as
including
"opportunity to display normal patterns of behaviour",
"physical handling in a manner which minimises the likelihood of
unreasonable or unnecessary pain or distress" and
"protection
Information
from, and rapid diagnosis of, any significant injury or disease (…)
being a need which, in each case, is appropriate to the species,
environment, and circumstances of the animal";
(ii)
defining the term
"ill-treat" as
"causing the animal to suffer, by
Official
any act or omission, pain or distress that in its kind or degree, or
in its object, or in the circumstances in which it is inflicted, is
the
unreasonable or unnecessary"'
(c)
in Part 1:
(i)
regulating what surgical procedures may be performed on
under animals, and by whom; and
(ii)
imposing certain obligations in relation to the transport of animals;
(d)
in Part 2, providing that it is an offence:
(i)
under section 28, wilfully or recklessly to ill-treat animals with the
result that:
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(1)
the animal is permanently disabled; or
(2)
the animal dies; or
BF\62566408\1
Page 2
(3)
the pain or distress caused to the animal is so great that it
necessary to destroy the animal to end its suffering; or
(4)
the animal is seriously injured or impaired;
(ii)
under section 29(a), to ill-treat an animal;
(e)
in Part 3, mandating a regulatory regime for the regulation of animal
exports;
1982
(f)
in Part 5, establishing procedures for the development, issue,
amendment, review and revocation of codes of welfare; Act
(g)
in Part 6, regulating the circumstances in which animals may be used in
research, testing, and teaching and creating a penalty and offence
regime for non-compliance with the requirements of the Act, including:
(i)
the section 10 obligation; and
(ii)
the obligation to not ill-treat an animal (
the section 29
requirement).
Information
10. Part 9 provides that standards or requirements that do not fully meet the
section 10 obligation or the section 29 requirement may only be made:
(a)
by the Governor-General acting on the advice of the Minister by Order
Official
in Council under section 183A(1);
(b)
when the Minister is satisfied that either or both of the conditions in
the
section 183A(3) are satisfied; and
(c)
under section 183A(5) for a period of time that is reasonably necessary
to enable a transition from current practice to a practice that fully meets
under (inter alia) the section 10 obligation and the section 29 requirement,
and that does not exceed 10 years, unless requiring the practice to
meet those obligations would impose an unjustifiable limitation on a
cultural or religious practice.
11. The overall purposes, policy and object of the Act, as reflected in these
provisions, are to ensure that the physical, health and behavioural needs of
Released animals are met, to minimise the likelihood that animals are subject to
unnecessary or unreasonable pain or distress, and to prevent the wilful or
reckless ill-treatment of animals, ill-treatment being treatment that causes
pain or distress which is unreasonable or unnecessary.
BF\62566408\1
Page 3
Codes of welfare
12. The purposes of the codes of welfare are to:
(a)
establish minimum standards with regard to the way in which persons
care for animals and/or conduct themselves towards animals; and
(b)
provide recommendations on the best practice to be observed by
persons caring for animals and/or conducting themselves towards 1982
animals.
13. Any minimum standards contained in a code of welfare must be the minimum
Act
necessary to ensure that the purposes of the Act are met. That is, the
minimum standards must be such that if they are met:
(a)
the relevant animals are not:
(i)
subject to unnecessary or unreasonable pain or distress; or
(ii)
wilfully or recklessly ill-treated;
Information
(b)
the physical, health, and behavioural needs of the relevant animals are
met in a manner that is in accordance with both good practice and
scientific knowledge.
14. A draft code of welfare may be prepared by the Minister, or NAWAC, or any
Official
other person.
15. Section 71 of the Act provides that NAWAC must publicly notify a draft code
the
of welfare if the requirements of section 71(1) of the Act are met (including
that the draft complies with the purposes of the Act). As part of public
notification, NAWAC must provide an opportunity for submissions on the draft
code of welfare, and under section 72 may consult with persons who make
under
submissions.
16. Under section 73(1), NAWAC must, in considering the content of a draft code
of welfare, and before deciding whether to recommend to the Minister the
issue of that code:
(a)
be satisfied that the proposed standards are the minimum necessary to
Released
ensure that the purposes of the Act will be met; and
(b)
be satisfied that the recommendations for best practice (if any) are
appropriate.
BF\62566408\1
Page 4
17. In carrying out its functions under section 73(1), NAWAC must have regard
to:
(a)
the submissions made as part of public notification and the consultation
it has undertaken; and
(b)
good practice and scientific knowledge in relation to the management
of the animals to which the code relates.
1982
18. Following public notification and any consultation, NAWAC must decide
whether or not to recommend to the Minister that the Minister issue a code of
Act
welfare.
19. Any recommendation by NAWAC to the Minister must be accompanied by a
report from NAWAC under section 74(2) of the Act. That report must set out,
inter alia, the reasons for NAWAC’s recommendation.
20. The Minister may, after considering NAWAC’s recommendation, NAWAC’s
report, and after having regard to the matters specified in section 73, decide
to issue the code of welfare under section 75 of the Act.
Information
21. Section 76 of the Act provides that the Minister may:
(a)
revoke a code of welfare, or any part of a code of welfare; and/or
(b)
make minor amendments to a code of welfare, provided those minor
Official
amendments do not materially affect the purposes of the code.
the
22. A code of welfare may be used as rebuttable evidence, or as a defence, in
prosecutions involving offences against sections 21(b), 22(2) or 23 of the Act.
THE PRACTICE OF RODEO
under
23. The event known as "rodeo":
(a)
is undertaken in accordance with certain specific rules which
competitors are required to follow; and
(b)
comprises any or all of the following displays and contests of roping
and riding involving humans, cattle and horses (individually and
Released
collectively referred to in this amended statement of claim as "
rodeo
practices").
24. Steer wrestling:
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(a)
Steer wrestling is a rodeo event in which a horse-mounted rider chases
a steer, drops from the horse to the steer, then wrestles the steer to the
ground by grabbing its horns to pull it off balance and twisting its neck
until it falls onto the ground.
25. Calf roping:
(a)
Calf roping, also known as tie-down roping, or rope and tie, is a rodeo
1982
event that features a calf and a rider mounted on a horse.
(b)
Calf roping is a timed event in which the rider must catch the calf by
Act
throwing a loop of rope from a lariat around its neck, dismount from the
horse, run to the calf, and restrain it by tying three legs together in as
short a time as possible. Stopping the animals short as they seek to
escape is called "clotheslining."
26. Calf riding:
(a)
Calf riding is a children’s rodeo event.
Information
(b)
Calf riding involves a rider mounting a bucking calf and attempting to
stay mounted while the animal tries to buck the rider. To receive a
score, the rider must stay on top of the calf for eight seconds.
27. Bronc riding:
Official
(a)
Bronc riding involves a rodeo participant riding a bucking horse that
attempts to throw or buck off the rider.
the
(b)
The rider attempts to stay on the horse for eight seconds, without the
rider’s free hand touching the horse. Horses who buck in ways that
cause a visual spectacle garner more points for competitors.
under
(c)
Flank straps are tied around the horse's flank, just in front of the back
legs and are used to make bucking horses kick higher.
(d)
Riders must "mark the horse out". This is a stabbing motion requiring
riders to have the heels of their boots in contact with the horse (an
action called "spurring") at a point above the animal’s shoulders before
the horse’s front legs hit the ground.
Released
Then the spurs are 'raked' and on
completion of the rake the horses are spurred again in a stabbing
motion.
28. Bull/steer riding:
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(a)
Bull/steer riding is a rodeo event that involves a rider mounting a
bucking bull and attempting to stay mounted while the animal tries to
buck the rider.
(b)
To receive a score, the rider must stay on top of the bull for eight
seconds with the use of one hand gripped on a bull rope tied behind the
bul ’s forelegs. Spurring a bull adds to the contestant's score.
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(c)
Bulls are provoked into bucking by the tying of flank straps tightly
around their hindquarters.
Act
29. Team roping:
(a)
Team roping is a rodeo event which involves two riders (a header and a
heeler) and a steer.
(b)
The header ropes the steer around the neck, head or horns before the
heeler moves in to rope the hind legs. The rope is then dallied around
the saddle horn. Once secured, time is recorded when both horses are
facing each other with no slack in the rope.
Information
30. Barrel racing:
(a)
Barrel racing is a rodeo event where the riders guide their horses
around three barrels in a cloverleaf pattern in the shortest time
Official
possible.
(b)
Horses must move with speed and agility to enable riders to complete
the
the event in the least amount of time.
31. The practice of rodeo is undertaken for entertainment purposes only.
32. The rodeo practices result in animals who participate failing to have their
under
physical, health and behavioural needs met and/or experiencing unnecessary
or unreasonable pain or distress, and/or results in wilful or reckless ill-
treatment of animals, including as pleaded in the following paragraphs.
33. In steer wrestling, the steer experiences pain from the 'throwing' action when
the neck twist is applied using the horns and chin as leverage. Bruising
Released persists after the event.
34. In the case of calf-roping:
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(a)
calves are frequently injured, including suffering broken legs, by being
suddenly halted by the rope as they try and run away, as well as by
being roughly thrown to the ground;
(b)
the ropes used can be jerked forcefully, resulting in the animals falling
to the ground at high speed and injuring their necks and other body
parts; and
1982
(c)
physical and physiological distress is suffered by the animals involved.
35. Calf riding involves interaction between the rider and the calf that is both
Act
highly distressing for the calf and potentially harmful to the calf and the rider.
In calf riding, a chest flank and chest rope may be used on the calf. The flank
strap (if used) and chest rope cause discomfort or irritation to the calf. The
rider may also inflict pain. Calves suffer musculoskeletal injuries if they
stumble.
36. In the case of bronc riding:
(a)
bucking is an active coping strategy for horses in negative emotional
Information
situations, caused by anxiety, distress, fear and/or pain;
(b)
improperly used bucking straps can cause open wounds and burns if
hair is rubbed off and skin is chafed raw; and
Official
(c)
spurring results in trauma to the shoulders causing pain, bruising and
soft tissue damage.
the
37. In the case of bull/steer riding:
(a)
for anatomical reasons, flank straps have to be tightened across the
urethra, which can add to the bull's pain;
under
(b)
bulls sometimes buck beyond their physical capacity, resulting in
broken backs and legs;
(c)
bucking indicates that the bull/steer is in pain and distress and is trying
to escape from the environment causing that pain and distress;
(d)
bulls can suffer back injuries, fractures or luxations that require the bull
Released
to be euthanised; and
(e)
in the long term, bucking bulls are more likely to develop horn and
sinus disorders, and musculoskeletal issues.
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38. In the case of team roping the use of severe bits can cause significant levels
of pain. The excessive use of spurs and whips can cause pain that may last
after the event. Spurs are also likely to cause bruising that may not be visible
superficially.
39. In barrel racing, the use of severe bits can cause significant levels of pain.
The excessive use of spurs and whips can cause pain that may last after the
event. Spurs are also likely to cause bruising that may not be visible
1982
superficially.
40. Other injuries animals suffer during rodeo events include unseen injuries to
Act
neck muscles, internal bruising or haemorrhaging, bruising of the cartilage on
the larynx and trachea, spinal cord injuries from roping events, broken backs
from bronc riding events, and tails being ripped off.
RODEO CODES OF WELFARE
41. On 30 October 2014, the Minister issued the Code of Welfare: Rodeo 2014
(
2014 Code). The 2014 Code came into effect on 31 October 2014.
Information
42. The issuing of the 2014 Code by the Minister was preceded by:
(a)
public notification by NAWAC of the draft code of welfare and the
receipt of submissions;
Official
(b)
consultation by NAWAC with interested persons; and
(c)
a report to the Minister under section 74 of the Act by NAWAC "Report
the
to Accompany the Animal Welfare (Rodeos) Code of Welfare 2014".
43. In March 2018, the first applicant publicly released a report entitled "The
Legal Status of Rodeo in New Zealand" (
NZALA Report).
under
44. The NZALA Report:
(a)
provided a comprehensive review of rodeo in New Zealand; and
(b)
set out the position in other jurisdictions, and the recent evidence of the
impact of rodeo practices on animals.
Released 45. In or around March 2018 the Minister sought advice from NAWAC regarding
rodeo.
46. In or around May 2018, NAWAC commissioned a report entitled "How Rodeo
Impacts the Sentient Animal" (
NAWAC’s Report).
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47. Although dated May 2018, NAWAC’s Report was not publicly released until
October 2018.
48. NAWAC's Report was produced by a panel of experts using a "Five
Domains" model to assess the impact of individual rodeo practices on the
animals involved, based on scientific evidence and experience.
49. In relation to each of the rodeo practices listed at paragraphs 23 to 30 of this
1982
amended statement of claim, NAWAC's Report concluded that:
(a)
"steer wrestling" and "rope and tie" (calf roping) raise serious animal
Act
welfare concerns resulting in substantial negative impacts for the
animals concerned;
(b)
"calf riding", "bull/steer riding", "bronc riding", and "team roping" raised
moderate animal welfare concerns; and
(c)
"barrel racing" raised minor animal welfare concerns.
50. On a date unknown to the applicants but believed to be in or around August
Information
2018, NAWAC recommended to the Minister that the 2014 Code be revoked
and that the Minister issue what became the 2018 Code.
51. NAWAC:
(a)
did not publicly notify the 2018 Code; and
Official
(b)
did not provide the Minister with a report under section 74(2).
the
52. In a briefing paper dated 15 August 2018, the Ministry for Primary Industries
sought the Minister's approval to "re-issue" 17 codes of welfare, including the
2018 Code. Materially, the briefing paper:
under
(a)
provided, at paragraph 10, that:
MPI is satisfied that the minor and technical amendments proposed to
the Codes will not materially affect the purposes of the Codes and that
therefore [sic] fall within the scope of an amendment under section 76 of
the Act. Section 76 allows you to make amendments of a minor nature.
(b)
recorded that NAWAC had been consulted and recommended that the
Released
Minister "reissue" the Codes.
(c)
did not refer the Minister to the NZALA Report, or to NAWAC's Report.
BF\62566408\1
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(d)
did not advise the Minister of the animal welfare concerns with six of
the seven rodeo practices identified in those reports, or direct the
Minister to the section 10 obligation or the section 29 requirements.
53. In October 2018, the 2014 Code was revoked under section 76(1)(a) and the
Minister issued under section 75 the Code of Welfare: Rodeo 2018 (
2018
Code). When the Minister issued the 2018 Code, he:
1982
(a)
did not consider whether the 2018 Code met the requirements of the
Act, as pleaded at paragraph 13 above.
Act
(b)
did not make inquiries about the effects of each rodeo practice on the
animals involved in that practice, including the effects on their physical,
health, and behavioural needs as pleaded above at paragraph 9.
(c)
did not make inquiries about the value or benefit, if any, of those
practices.
(d)
proceeded on the basis that, as a matter of law, the Act permitted
people to cause moderate or serious pain and distress to animals in the
Information
interests of entertainment.
(e)
proceeded on the basis that, as a matter of law, if rodeo practices
required rodeo participants to cause moderate or serious pain and
distress to animals, it necessarily followed that:
Official
(i)
that pain and distress was reasonable and necessary.
the
(ii)
a standard in a code of welfare permitting that level of pain and
distress to be caused to an animal is the minimum necessary to
allow the purposes of the Act to be achieved.
under
Particulars
Letter from Peter McCarthy to Saar Cohen-Ronen dated 13 July 2021
54. The 2018 Code is materially identical to the 2014 Code.
55. On 9 May 2021 the 2018 Code was amended under section 76 of the Act, as
follows:
Released (a) a new clause (h) was inserted in Minimum Standard No. 4 – Handling:
"Animals must be handled at all times in such a way as to minimise the
risk of pain, injury or distress";
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(b)
the provisions relating to significant surgical procedures were amended
(in particular, by introducing a new chapter 7.1 Significant Surgical
Procedures);
(c)
two new example indicators were included in Minimum Standard No. 7
– Saddle and Bareback Bronc Riding;
(d)
amendments to the definition of "electric prodder" clarifying that it does
1982
not include
"electric devices used on animals by the New Zealand
Police"; and
Act
(e)
other minor amendments.
56. Regulation 46 of the Animal Welfare (Care and Procedure) Regulations 2018
prohibits the use of fireworks at rodeo events and practice events. No other
regulations have been made under section 183 in relation to rodeo.
STATUTORY POWERS OF DECISION
57. The making of a recommendation by NAWAC to the Minister under
Information
section 74 of the Act is the exercise of a statutory power of decision.
58. The issuing of a new code by the Minister under section 75 of the Act is the
exercise of a statutory power of decision.
GROUNDS OF REVIEW
Official
First Ground of Review: Failure to follow process
the
59. In exercising their statutory powers of decision the Minister and/or NAWAC
were required to:
(a)
comply with the procedural requirements of the Act for the promulgation
under of new codes;
(b)
make appropriate and sufficient inquiry to inform themselves of the
effect of each rodeo practice on the animals involved in that practice,
and the value or benefit of the rodeo practice (if any);
(c)
in the event that they considered that a rodeo practice caused pain and
Released
distress to animals, consider whether that pain and distress was
reasonable or necessary, by reference to the value or benefit of the
practice;
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(d)
in relation to each rodeo practice, consider whether the minimum
standards in the 2018 Code were such that, if they were met:
(i)
the animals involved in that rodeo practice would not be:
(1)
subject to unnecessary or unreasonable pain and distress;
and/or
(2)
wilfully or recklessly mistreated;
1982
(ii)
the physical, health, and behavioural needs of the relevant
animals would be met in a manner that is in accordance with both
Act
good practice and scientific knowledge;
(e)
be satisfied that the proposed standards are the minimum necessary to
ensure that the purposes of the Act are met;
(f)
be satisfied that the recommendations for best practice (if any) are
appropriate; and
(g)
have regard to good practice and scientific knowledge available at the
Information
relevant time in relation to the management of the animals to which the
code relates, and in particular to:
(i)
the NZALA Report.
Official
(ii)
NAWAC's Report, and in particular its conclusion that six of the
seven rodeo activities practised in New Zealand give rise to
the
serious or moderate animal welfare concerns.
(iii)
other evidence relating to the legal requirements pleaded above.
60. In making a recommendation to the Minister under section 74, NAWAC acted
under
unlawfully in failing to follow the procedural requirements of the Act. In
particular, by:
(a)
failing to publicly notify the code of welfare as a draft;
(b)
as a consequence, failing to consider whether to consult; and
(c)
failing to prepare and provide to the Minister a report as required under
Released
section 74 of the Act.
61. In making a recommendation to the Minister under section 74, NAWAC acted
unlawfully by:
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(a)
failing to have regard to available research regarding good practice
together with scientific knowledge in relation to the management of
rodeo animals available to it, including, but not limited to that contained
in:
(i)
NAWAC's Report;
(ii)
the NZALA Report; and
1982
(iii)
the 2016 study by the University of Queensland "Behavioral and
Physiological Responses of Calves to Marshalling and Roping in
Act
a Simulated Rodeo Event"; and
(b)
by virtue of its failure to publicly notify and consult, failing to have
regard to the views of interested persons and accordingly not acting on
the basis of the best available information.
62. As a result of the matters pleaded above, NAWAC was not and/or was not in
a position to be:
Information
(a)
satisfied that the proposed standards in the 2018 Code were the
minimum necessary to ensure that the purposes of the Act were met; or
(b)
satisfied that the recommendations for best practice were appropriate.
63. As a result of NAWAC’s failures as pleaded in paragraphs 60 to 62, the
Official
Minister acted unlawfully in failing to have regard to the matters in section 73,
as required under section 75(1).
the
64. By virtue of the matters pleaded above the 2018 Code is unlawful.
Second ground of review – error of law
under
65. The Minister and NAWAC failed to consider whether the minimum standards
in the 2018 Code met the requirements of the Act pleaded in paragraph 59
above, because they erroneously believed that they were not obliged to do
so when 're-issuing' a code of welfare.
66. The Minister and NAWAC failed to make proper or sufficient inquiries as to
the effect of rodeo practices on the animals involved in those activities, or to
Released have regard to the NZALA Report, NAWAC's Report, or any other relevant
evidence relating to the requirements of the Act pleaded in paragraph 59
above.
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67. The Minister made an error of law, because he:
(a)
misunderstood and therefore misapplied the legal test for issuing a
code of welfare.
(b)
started from the position that the event of rodeo should continue and
that it therefore justified participants causing pain and distress to the
animals involved.
1982
(c)
did not inquire into or consider information about the value of rodeo
activities.
Act
(d)
did not inquire into or consider information about the effect of each
rodeo activity on the welfare of the animals involved in that rodeo
activity.
(e)
proceeded on the basis that, as a matter of law, the Act permitted
people to cause moderate or serious pain and distress to animals in the
interests of entertainment.
Information
(f)
proceeded on the basis that if rodeo practices required rodeo
participants to cause moderate or serious pain and distress to animals,
it necessarily followed that:
(i)
that pain and distress was reasonable and necessary.
Official
(ii)
a standard in a code of welfare permitting that level of pain and
distress to be caused to an animal is the minimum necessary to
the
allow the purposes of the Act to be achieved.
68. By virtue of the matters pleaded above the 2018 Code is unlawful.
Third ground of review – ultra vires or improper purpose
under
69. In exercising their statutory powers of decision as pleaded at paragraphs 57
and 58, the respondents must act so as to promote and not frustrate the
purpose for which those statutory powers have been conferred.
70. In exercising their statutory powers of decision in relation to the 2018 Code
the respondents failed to promote and/or frustrated the purpose for which
Released those powers were conferred. In particular:
(a)
the practice of rodeo is undertaken for the purposes only of
entertainment;
BF\62566408\1
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(b)
the rodeo practices result in the animals concerned experiencing;
(i)
unnecessary or unreasonable pain or distress; and
(ii)
wilful or reckless ill-treatment;
(c)
the minimum standards in the 2018 Code are not sufficient to prevent
the animals concerned from experiencing unnecessary or
unreasonable pain or distress, or ill-treatment; and
1982
(d)
the effect of the 2018 Code is to:
Act
(i)
permit conduct which does not fully meet the section 10
obligation or the section 29 requirement; and
(ii)
provide a defence to conduct which, but for the 2018 Code, would
be an offence under section 12(a) (failure to comply with section
10) and/or sections 28 to 29 (ill-treatment).
71. The issuing of the Code by the Minister was accordingly for an improper
purpose and/or ultra vires the Act. Information
Relief
72. The applicants seek the following relief against the respondents:
(a)
a declaration that the 2018 Code in its entirety or as it relates to
Official
particular rodeo practices is unlawful;
the
(b)
an order setting aside the 2018 Code in its entirety or as it relates to
particular rodeo practices; and
(c)
costs.
under
This document is filed by
Sebastian Bisley, solicitor for the applicant, whose
address for service is at the offices of Buddle Findlay, Level 17, Aon Centre, 1
Willis Street, Wellington 6011. Documents for service on the abovenamed may be
left at that address or may be:
1.
Posted to the solicitor at PO Box 2694, Wellington 6011; or
Released 2. Left for the solicitor at a document exchange for direction DX SP20201,
Wellington; or
3.
Transmitted to the solicitor by facsimile to 64 4 499 4141; or
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4.
Emailed to the solicitor at [email address] with a copy to
[email address].
1982
Act
Information
Official
the
under
Released
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Page 17
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-360
1982
UNDER THE
Judicial Review Procedure Act 2016
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
Act
BETWEEN
THE NEW ZEALAND ANIMAL LAW
ASSOCIATION
First applicant
AND
SAVE ANIMALS FROM EXPLOITATION
Second applicant
Information
AND
THE ATTORNEY-GENERAL
First respondent
AND
THE NATIONAL ANIMAL WELFARE ADVISORY
COMMITTEE
Official
Second respondent
the
FIRST RESPONDENT’S SECOND AMENDED STATEMENT OF DEFENCE
4 May 2022
under
CROWN LAW
TE TARI TURE O TE KARAUNA
PO Box 2858
WELLINGTON 6140
Tel: 04 472 1719
Fax: 04 473 3482
Released
Contact Person:
Ken Stephen / Rebecca Elvin / Hannah Bergin
[email address]/ [email address] /
[email address]
1
The first respondent by his solicitor says in response to the amended statement of
claim dated 19 April 2022:
PARTIES
1.
He admits paragraph [1].
1982
2.
He is not required to plead to paragraph [2].
3.
He admits paragraph [3].
Act
4.
He is not required to plead to paragraph [4].
5.
He admits paragraph [5].
6.
He admits paragraph [6].
7.
He denies paragraph 7 and says the “Aims and Objects” of the third
Information
respondent are set out in its Constitution.
RELEVANT STATUTORY FRAMEWORK
8.
In relation to paragraph [8], he says:
Official
8.1
The purposes of the Animal Welfare Act 1999 (
the Act) are set out
the
in Parts 1-7 of the Act, each of which Part has purpose statements;
8.2
The long title of the Act is (among other matters) to “reform the
law relating to the welfare of animals and the prevention of their
under ill-treatment; and, in particular, to recognise that animals are
sentient….” He relies on the long title as if set out in full; and
8.3
He otherwise denies paragraph [8].
9.
He denies paragraph [9] and relies on the relevant statutory provisions as if
Released set out in full.
Regulations under s 183A
10.
He denies paragraph [10] and says further:
6804782_7
2
10.1
Section
183A
allows
the
Governor-General,
on
the
recommendation of the Minister, to make regulations relating to
standards of care. This includes regulations under s 183A(2) and
(3) that may prescribe standards or requirements that do not fully
meet the obligations of s 10, or s 29 (among others).
1982
10.2
Unlike Codes of Welfare, Regulations are directly enforceable and
breach of a regulation is an offence.
Act
10.3
The Minister must consult with NAWAC when making regulations
under s 183A(10), but the procedural requirements in ss 71-75 do
not apply when making regulations which establish, amend,
revoke or replace any minimum standard which is part of a Code
of Welfare under Part 5. Information
10.4
The Minister must consult to the extent that is reasonably
practicable, having regard to the circumstances of the particular
case, the persons the Minister has reason to believe are
representative of interests likely to be substantially affected by
Official
proposed regulations before deciding whether to recommend the
making of regulations under s 183A.
the
11.
He denies paragraph [11], repeats paragraphs [8] and [9] above, and relies
on the relevant statutory provisions as if set out in full.
Codes of Welfare
under
12.
He admits paragraph [12] and relies on s 68 as if set out in full. He further
says:
12.1
The contents of Codes of Welfare is set out in s 69, which
provides:
Released
69 Contents
A code of welfare may relate to 1 or more of the following:
(a)
a species of animal:
(b) animals used for purposes specified in the code:
6804782_7
3
(c)
animal establishments of a kind specified in the code:
(d) types of entertainment specified in the code (being
types of entertainment in which animals are used):
(e)
the transport of animals:
(f)
the procedures and equipment used in the
management, care, or killing of animals or in the
carrying out of surgical procedures on animals.
1982
12.2
Codes of welfare elaborate on the general duty of care in the Act,
and help people in charge of animals understand and meet their
Act
statutory obligations;
12.3
Codes of welfare contain useful information about how to care for
animals, and explain both the minimum standards necessary to
meet animals’ needs as well as best practice guidance; and
12.4
Minimum standards in codes of welfare are not directly
Information
enforceable. However, breach of a minimum standard is prima
facie evidence of an offence (under ss 13(1A) and 30(1A)), and
compliance with a minimum standard is a defence to an alleged
offence (under s 13(2)(c) and 30(2)(c)).
Official
13.
He denies paragraph [13], repeats paragraphs [8] and [12] above and relies
on s 73 as if set out in full.
the
14.
He admits paragraph [14] and relies on s 70 as if set out in full.
15.
He denies paragraph [15] and relies on ss 71, 72 and 76 as if set out in full.
under
16.
He admits paragraph [16] and relies on s 73 as if set out in full.
17.
He admits paragraph [17] and relies on s 73 as if set out in full.
18.
He admits paragraph [18] and relies on s 74 as if set out in full.
Released 19. He admits paragraph [19] and relies on s 74 as if set out in full.
20.
He admits paragraph [20] and relies on s 75 as if set out in full.
21.
He denies paragraph [21] and relies on s 76 as if set out in full.
6804782_7
4
22.
He repeats paragraph [12.4] above, relies on s 24 as if set out in full, and
otherwise denies paragraph [22].
THE PRACTICE OF RODEO
23.
He denies paragraph [23] and relies on the descriptions of events as
outlined in the 2018 Code in full and the third respondent’s Rule Book. 1982
Steer wrestling
Act
24.
He admits that steer wrestling is a rodeo event. Otherwise he denies
paragraph [24], relies on paragraph [6.5] of the 2018 Code in full and
further says that:
24.1
In the steer wrestling event a mounted rider chases a steer, drops
from the horse to the steer and wrestles the steer to the ground.
The time is flagged when the steer has all four hooves off the
Information
ground and legs pointing out straight;
24.2
The steer needs to be healthy and in good physical condition to
withstand the physical stress during this event.
Official
Rope and tie
25.
He admits that rope and tie is a rodeo event. Otherwise he denies
the
paragraph [25], relies on paragraph [6.3] of the 2018 Code in full and
further says that:
25.1
Rope and tie is a time event that is performed at a fast pace over a
under set time period;
25.2
In the rope and tie event, a calf is released from the chute which
then triggers the release of the horse and rider, who will rope the
calf in the arena, dismount, put the roped calf on the ground and
tie three of the calves’ legs using a pigging string, while a well-
Released
trained horse will effectively maintain the tension on the rope.
The calf needs to remain tied for six seconds for the tie to be
considered successful. Calves used in these events can be
6804782_7
5
subjected to physical stressors and need to be fit, healthy and
without defects; and
25.3
Rope and tie was previously known as calf roping.
Calf riding
26.
He admits that calf riding is a children’s rodeo event. Otherwise he denies
1982
paragraph [26], relies on paragraph [6.6] of the 2018 Code in full and
further says that:
Act
26.1
The calf riding event is designed to enable younger and lighter
competitors to participate in rodeo;
26.2
Minimum standard number 12 provides that calves must not be
ridden more than once on any day; the rider’s weight must be
kept behind the shoulder of the calf; calves must not be ridden
Information
with the rider facing backwards; and calves must be habituated by
being walked or run through the arena from the release chute to
the exhaust pen prior to the event.
Official
Saddle and bareback bronc riding
27.
He accepts that saddle and bareback bronc riding is a rodeo event.
the
Otherwise he denies paragraph [27], relies on paragraph [6.1] of the 2018
Code in full and further says that:
27.1
Bronc riding involves releasing a horse from a chute into the
under arena, where it will buck in an attempt to dislodge the rider from
its back;
27.2
There are two types of this event: saddle bronc riding where the
horse is fitted with a saddle, and bareback bronc riding where the
horse is fitted with bareback rigging only;
Released 27.3 In both events the horse will be fitted with a flank strap which
runs around the body of the horse just in front of the back legs,
which will encourage the horse to buck;
6804782_7
6
27.4
Minimum standard number 7 provides that the flank strap must
not be so tight as to restrict the movement of the horse, and must
be removed from the horse as soon as it is practicable to do so
once the rider is off the horse.
Bull and steer riding
1982
28.
He accepts that bull and steer riding is a rodeo event. Otherwise he denies
paragraph [28], relies on paragraph [6.2] of the 2018 Code in full and
Act
further says that:
28.1
Bull and steer riding involves a bull or steer being released into the
arena where it will buck to dislodge the rider from its back;
28.2
The animal is fitted with a front ‘bull rope’ which wraps around its
body and which the rider holds onto to maintain his seating. This
bull rope needs to be a quick release type of rope that will fall
Information
away from the animal as soon as the rider is displaced or
dismounts;
28.3
The animal is also fitted with a flank strap to encourage bucking.
Official
Minimum standard number 8 requires that the flank strap must
not be so tight as to restrict the movement of the animal.
the
Team roping
29.
He accepts that team roping is a rodeo event. Otherwise he denies
paragraph [29], relies on paragraph [6.4] of the 2018 Code in full and
under
further says that:
29.1
Team roping involves two ropers, the header and the heeler, both
on horseback;
29.2
The header will rope the steer around both horns, the head and
Released
one horn, or the neck, and the heeler then ropes the steer around
the hind legs. The time recorded is that after the steer is stopped
and there is no slack in both the header and heeler’s ropes;
6804782_7
7
29.3
The rope is slackened immediately upon completion of the event
when the clock is stopped. This again is a fast paced event and the
steer needs to be in good physical condition with no defects.
Barrel racing
30.
He accepts that barrel racing is a rodeo event. Otherwise he denies
1982
paragraph [30], relies on paragraph [6.7] of the 2018 Code in full and
further says that:
Act
30.1
Barrel racing is an event where the riders guide their horses
around three barrels in a cloverleaf pattern in the least amount of
time as possible.
30.2
Horses are required to move at speed and turn quickly during this
event and it is important that they are fit, healthy and
appropriately trained to perform this event.
Information
31.
He admits that rodeo is undertaken for entertainment purposes but
otherwise denies paragraph [31] and further says:
Official
31.1
Rodeo is also referred to as a sport;
31.2
NAWAC has set up a separate subcommittee to develop a set of
the
principles to be considered when deciding if and how animals
should be used in the “3Es” - exhibition, entertainment, and
encounter, and has recently developed and published a Guideline
under on this issue.
Scrutiny of animal welfare and rodeo since 2013
32.
He denies paragraph [32] and further says that the issue of pain and
distress to animals under the
Code of Welfare: Rodeos has been regularly
reviewed and scrutinised since 2013:
Released 32.1 In the 2013 report, NAWAC concluded that that there was not a
high risk of injury to rodeo animals, and given the application of
the minimum standards and recommended best practices under
6804782_7
8
the Code, there were sufficient safeguards in place to protect
animals used in rodeos. The defendant relies on the 2013 NAWAC
report for its full effect;
32.2
In 2016 SAFE, Farmwatch and the Royal New Zealand Society for
the Prevention of Cruelty to Animals (
RNZSPCA) petitioned the
1982
Primary Production Select Committee, but the Committee was
satisfied with the minimum standards set out in the 2014 Code
Act
and declined to recommend further regulation. The Committee
encouraged NZRCA to work closely with MPI and NAWAC to work
towards increasing compliance with the animal welfare code
through self-monitoring. The defendant relies on the Committee’s
report for its full effect;
32.3
In 2018 the Animal Welfare (Care and Procedures) Regulations
Information
2018 created new offences for misuse of animals, including at
rodeo events, as set out at paragraph [50.2] below;
32.4
In February 2018 the Minister asked NAWAC for advice on the
Official
welfare of animals in rodeos. NAWAC commissioned its own
report
Rodeo events – How do they impact the sentient animal?
the
(
2018 NAWAC report)
and recommended a suite of non-
regulatory actions including scientific research and more intensive
monitoring of injuries. NAWAC did not recommend amending the
Code at that time. The defendant relies on the 2018 NAWAC
under report and advice for their full effect;
32.5
During its research in 2018, NAWAC considered the New Zealand
Animal Law Association (
NZALA) report;
32.6
In August 2019, the NZRCA established the Rodeo Animal Welfare
Released
Committee which is made up of representatives from the NZRCA,
SPCA, NZVA and MPI Compliance. NAWAC sits on the Committee
6804782_7
9
as an observer with no voting rights. NAWAC provides reports to
the Minister on progress on NAWAC’s recommendations;
32.7
Parts of the Animal Welfare (Care and Procedures) Amendment
Regulations 2020 apply to animals at rodeo events, as set out in
paragraph [55] below; and
1982
32.8
In early 2021 NAWAC reprioritised the review of the Code. A
subcommittee was formed, and is engaging with industry
Act
including the applicants and the NZRCA
33.
He denies paragraph [33] relating to steer wrestling, repeats paragraphs
[24] and [32] above and relies on the 2013 and 2018 NAWAC reports and
advice for their full effect.
34.
He denies paragraph [34] relating to rope and tie, repeats paragraphs [25]
Information
and [32] above and relies on the 2013 and 2018 NAWAC reports and advice
for their full effect.
35.
He denies paragraph [35] relating to calf riding, repeats paragraphs [26]
Official
and [32] above and relies on the 2013 and 2018 NAWAC reports and advice
for their full effect.
the
36.
He denies paragraph [36] relating to saddle and bareback bronc riding,
repeats paragraphs [27] and [32] above and relies on the 2013 and 2018
NAWAC reports and advice for their full effect.
under
37.
He denies paragraph [37] relating to bull and steer riding, repeats
paragraphs [28] and [32] above and relies on the 2013 and 2018 NAWAC
reports and advice for their full effect.
38.
He denies paragraph [38] relating to team roping, repeats paragraphs [29]
Released and [32] above and relies on the 2013 and 2018 NAWAC reports and advice
for their full effect.
6804782_7
10
39.
He denies paragraph [39] relating to barrel racing, repeats paragraphs [30]
and [32] above and relies on the 2013 and 2018 NAWAC reports and advice
for their full effect.
40.
He denies paragraph [40], repeats paragraph [32] above and relies on the
2013 and 2018 NAWAC reports and advice for their full effect.
1982
RODEO CODES OF WELFARE
Act
2014 Code
41.
He admits paragraph [41] and further says that the previous Code for
Rodeos was issued in December 2003.
42.
He admits paragraph [42].
NZALA report
Information
43.
He admits paragraph [43].
44.
In respect of paragraph [44], he admits the NZALA report provided a review
of the practice of rodeo in New Zealand, and set out the position in some
other jurisdictions. Further says the conclusion in the NZALA report is
Official
incorrect, and otherwise denies paragraph 44.
the
NAWAC 2018 report
45.
He denies paragraph [45], repeats paragraph [32] above, and further says
that the Minister discussed rodeos at the NAWAC quarterly meeting on 14
February 2018. NAWAC agreed to provide advice to the Minister after its
under
May 2018 meeting, focusing on calf events, flank straps, electric prodders
and the use/misuse of ropes.
46.
He admits paragraph [46].
47.
He admits that NAWAC’s report is dated May 2018 and was published on
Released the website in October 2018 but otherwise denies paragraph [47].
48.
He admits paragraph [48].
6804782_7
11
49.
He admits
paragraph [49] but relies on the NAWAC Report for its full effect.
He further says:
49.1
NAWAC recommended a suite of non-regulatory actions to the
Minister, including establishment of a Rodeo Animal Welfare
Committee, including MPI and SPCA Animal Welfare Inspectors;
1982
increased monitoring and record keeping; research to assess the
physical impact of events on animals; and that the industry
Act
consider reducing or replacing higher impact events.
49.2
NAWAC recommended that if these non-regulatory actions are
not met with in a clear established time period, additional
regulatory options could be undertaken.
2018 Code incorporating Animal Welfare (Care and Procedures) Regulations
50.
Information
In respect of paragraph [50], the respondent:
50.1
Admits that NAWAC was consulted on the amendment and reissue
of seventeen codes of welfare, including the code of welfare for
rodeo, as required under s 76(2). NAWAC informed the Minister
Official
on 16 August 2018 that it supported the amendment and issue of
the codes of welfare.
the
50.2
Further says:
50.2.1 The 2018 Code contained only amendments of a minor
under
nature, made under s 76(1)(b);
50.2.2 These amendments were primarily consequential
amendments to incorporate the Animal Welfare (Care
and Procedures) Regulations 2018 (
Regulations), which
came into force on 1 October 2018. The relevant
Released
Regulations were appended to the 2018 Code and
referred to throughout.
6804782_7
12
50.2.3 The Regulations appended to the Code created several
offences, such as:
(a)
using equipment that may injure horses (r 19,
carrying a fine of $900);
(b)
a prohibition against striking a horse on its head
1982
(r 20, carrying fines between $500-$1,500);
Act
(c)
restrictions on transporting animals (rr 30-45,
carrying fines between $500-$7,500);
(d)
a prohibition on fireworks at rodeos (r 46,
carrying fines between $5,000-$25,000);
(e)
misuse of collars and tethers (r 47, carrying fines
Information
between $300-$900); and
(f)
a prohibition on the misuse of electric prodders
(rr 48 and 49, carrying fines between $500-
$7,500).
Official
50.2.4 NAWAC participated in the process for developing the
the Regulations including placing its members on a
Regulations working group, providing comment on the
policy intent of regulatory proposals and commenting on
the draft regulations.
under
50.2.5 In developing the proposals, MPI drew on the knowledge
and experience of the other members of this working
group. As well as NAWAC and MPI, the working group
consisted of representatives from the RNZSPCA and the
Released
Veterinary Council of New Zealand (
VCNZ).
50.2.6 MPI consulted on the regulatory proposals during 2015 to
2017, including public consultation in April and May 2016.
6804782_7
13
The regulatory proposals were outlined in two Discussion
Papers. Consultation included six public meetings
throughout New Zealand and an invitation to all
interested parties to provide written submissions on the
discussion documents. MPI also undertook follow-up
workshops and one-on-one meetings with affected
1982
industry and advocacy groups to understand the impacts
of the regulations and further refine their development.
Act
MPI received over 1400 submissions on the proposals
relating to Care and Conduct, Significant and Painful
Surgical Procedures and Live Animal Exports, including
submissions from NZALA and SAFE. Approximately 1000
submissions were from individuals and 400 submissions
were from organisations.
Information
50.3
And otherwise denies paragraph [50].
51.
He admits paragraph [51], repeats paragraph [50] above and further says:
Official
51.1
As the 2018 Code contained only minor amendments under s
76(1)(b), there was no requirement for NAWAC to publicly notify
the
the 2018 Code or produce a report under s 74(2); and
51.2
Even if any procedural error was made in issuing/reissuing the
2018 Code, there was extensive public notification and
under consultation during development of the Regulations, and
therefore in respect of the substantive amendments to the 2018
Code.
52.
He admits that the Ministry for Primary Industries prepared a briefing
paper for the Minister dated 15 August 2018 about reissuing existing codes
Released of welfare, relies on that paper in full, and otherwise denies paragraph 52.
6804782_7
14
53.
He admits that in October 2018, the 2014 Code was revoked under s
76(1)(a) and the Minister issued the 2018 Code under s 75, repeats
paragraphs [50]-[51] above, and otherwise denies paragraph [53].
54.
He admits paragraph [54].
2021 amendment incorporating Animal Welfare (Care and Procedures)
1982
Amendment Regulations
55.
In respect of paragraph [55]:
Act
55.1
He admits that by Notice in the Gazette on 5 May 2021, minor
amendments were made to the Code under s 76(1)(b), with effect
from 9 May 2021. These amendments incorporated relevant parts
of the Animal Welfare (Care and Procedures) Amendment
Regulations 2020 relating to surgical and painful procedures, the
majority of which came into force on 9 May 2021.
Information
55.2
He admits paragraph (a) but says this requirement was already
contained in the 2018 Code at Minimum Standard 4(a).
55.3
He admits that a new chapter 7.1 Significant Surgical Procedures
Official
was introduced but otherwise denies paragraph (b).
the
55.4
He denies paragraph (c) and further says that paragraph [6.1]
(saddle and bareback bronc riding) of the 2018 Code was
amended only to incorporate the amendment to regulation 19
(change from ‘horses’ to ‘horses and other equids’) introduced by
under the Animal Welfare (Care and Procedures) Amendment
Regulations 2020.
55.5
Admits paragraph (d).
55.6
Admits paragraph (e) and further says that these minor
Released
amendments incorporated relevant parts of the Animal Welfare
(Care and Procedure) Amendment Regulations 2020 relating to
6804782_7
15
surgical and painful procedures, the majority of which came into
force on 9 May 2021.
55.7
He repeats paragraph [50.2.5] above
and
further says that MPI
tested the regulatory proposals through two public consultation
periods: April – May 2016 and June – July 2019.
1982
Current NAWAC review of the Code
55.8
He further says that in early 2021 NAWAC reprioritised the review
Act
of the Code. A subcommittee was formed, and pre-consultation
with industry including the applicants and the NZRCAis underway
He otherwise denies paragraph [55].
56.
He denies paragraph [56], repeats paragraphs [50.2] and [55] above.
STATUTORY POWERS OF DECISION
Information
57.
He admits paragraph [57].
58.
He admits paragraph [58].
Official
GROUNDS OF REVIEW
First ground of review - failure to follow due process
the
59.
He denies paragraph [59] and refers to the relevant statutory requirements
for each power of decision, for their full effect.
under
60.
He denies paragraph [60] and repeats paragraphs [41]-[54] above.
61.
He denies paragraph [61] and repeats paragraphs [41]-[54] above.
62.
He denies paragraph [62] and repeats paragraphs [41]-[54] above.
63.
He denies paragraph [63] and repeats paragraphs [41]-[54] above.
Released
64.
He denies paragraph [64] and repeats paragraphs [32] and [41]-[54] above.
6804782_7
16
Second ground of review – error of law
65.
He denies paragraph 65 and repeats paragraphs [50]-[53] above.
66.
He denies paragraph 66 and repeats paragraphs [50]-[53] above.
67.
He denies paragraph 67 and repeats paragraphs [50]-[53] above.
1982
68.
He denies paragraph 68 and repeats paragraphs [32] and [50]-[53] above.
Third ground of review – ultra vires or improper purpose
Act
69.
He is not required to plead to paragraph [69] as it contains matters of law.
70.
He denies paragraph [70] and repeats paragraphs [32] and [41]-[54] above.
71.
He denies paragraph [71] and repeats paragraphs [32] and [41]-[54] above.
72.
He is not required to plead to paragraph [72].
Information
This document is filed by Kenneth Graham Stephen, solicitor for the first
respondent, of Crown Law.
The address for service of the first respondent is Crown Law, Level 3, Justice Centre,
19 Aitken Street, Wellington 6011. Documents for service on the first respondent
may be left at this address for service or may be:
Official
(a)
posted to the solicitor at PO Box 2858, Wellington 6140; or
the
(b)
left for the solicitor at a document exchange for direction to DX SP20208,
Wellington Central; or
(d)
emailed to the solicitor at [email address] provided that the
under
documents are also emailed to [email address] and
[email address]
Released
6804782_7
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-360
1982
UNDER THE
Judicial Review Procedure Act 2016
Act
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
BETWEEN
THE NEW ZEALAND ANIMAL LAW
ASSOCIATION
First Applicant
AND
SAVE ANIMALS FROM
EXPLOITATION
Second Applicant
Information
AND
THE ATTORNEY-GENERAL
First Respondent
CONT/…
Official
the
SECOND RESPONDENT’S SECOND AMENDED STATEMENT OF
DEFENCE
4 May 2022
under
Counsel acting:
Rachel Roff
Clifton Chambers
[email address]
Wakefields Lawyers Ltd
PO Box 8091
Released
Wellington 6143
04 909 7506
Contact person: Michel e Stapleton michel [email address]
1
AND
THE NATIONAL ANIMAL WELFARE
ADVISORY COMMITTEE
Second Respondent
AND
THE NEW ZEALAND RODEO
COWBOYS ASSOCIATION
INCORPORATED
Third Respondent
1982
Act
Information
Official
the
under
Released
2
The second respondent by its solicitor says in response to the amended statement of claim
(application for review) dated 19 April 2022:
PARTIES
1.
Admits paragraph 1.
2.
Apprehends paragraph 2 contains matters to which it is not required to plead.
1982
3.
Admits paragraph 3.
Act
4.
Apprehends paragraph 4 contains matters to which it is not required to plead.
5.
Admits paragraph 5.
6.
Admits paragraph 6.
7.
Admits paragraph 7.
Information
RELEVANT STATUTORY FRAMEWORK
Purposes, policy and object of the Act
8.
Apprehends paragraph 8 contains matters of law and/or submission to which it
is not required to plead.
Official
9.
Apprehends paragraph 9 contains matters of law and/or submission to which it
the
is not required to plead.
10.
Apprehends paragraph 10 contains matters of law and/or submission to which
it is not required to plead.
under
11.
Apprehends paragraph 11 contains matters of law and/or submission to which
it is not required to plead.
Codes of Welfare
12.
In respect of paragraph 12:
Released 12.1 admits codes of welfare establish minimum standards with regard to
the way in which persons care for animals and conduct themselves
towards such animals; and
3
12.2
admits codes of welfare include recommendations on the best practice
to be observed by persons in caring for such animals and in conducting
themselves towards such animals; and
12.3
relies on sections 68 and 69 of the Act as if set out in full; and
12.4
further says minimum standards in codes of welfare are not directly
1982
enforceable; but
12.5
otherwise denies paragraph 12.
Act
13.
Denies paragraph 13 and further says:
13.1
before making its recommendation on minimum standards in a code
of welfare, NAWAC must be satisfied the proposed standards are the
minimum necessary to meet the purposes of the Act; and
13.2
relies on section 73 of the Act as if set out in full.
Information
14.
Admits paragraph 14 and relies on section 70 of the Act as if set out in full.
15.
In respect of paragraph 15:
Official
15.1
admits NAWAC must publicly notify a draft code of welfare if
NAWAC is satisfied the requirements of section 71(1) of the Act are
met; and
the
15.2
admits NAWAC may consult with those persons who, in response to
a notice published or given under section 71(3) of the Act make draft
submissions on the draft code of welfare; and
under
15.3
relies on sections 71, 72 and 76 of the Act as if set out in full; but
15.4
otherwise denies paragraph 15.
16.
Admits paragraph 16 and relies on section 73 of the Act as if set out in full.
Released 17. Admits paragraph 17 and further says:
17.1
in carrying out its functions under section 73(1) NAWAC must also
have regard to:
4
17.1.1 available technology; and
17.1.2 any other matters considered relevant by NAWAC; and
17.2
relies on section 73 of the Act as if set out in full.
18.
Admits paragraph 18 and relies on section 74 of the Act as if set out in full.
1982
19.
Admits paragraph 19 and relies on section 74 of the Act as if set out in full.
20.
Admits paragraph 20 and relies on section 75 of the Act as if set out in full.
Act
21.
In respect of paragraph 21:
21.1
admits section 76 of the Act provides that the Minister may:
21.1.1 revoke a code of welfare or any part of a code of welfare; or
21.1.2 make amendments of a minor nature to a code of welfare
Information
(being minor amendments that would not material y affect the
purposes of the code); and
21.2
relies on section 76 of the Act as if set out in full; and
Official
21.3
otherwise denies paragraph 21.
22.
In respect of paragraph 22;
the
22.1
repeats paragraph 12.4 above;
22.2
relies on s 24 as if set out in full;
under
22.3
otherwise denies paragraph 22.
THE PRACTICE OF RODEO
23.
Denies paragraph 23 and refers to the 2018 Code of Welfare: Rodeos (2018
Code) definition of “rodeo” at Appendix 1 of the 2018 Code, and the
Released descriptions of rodeo events referred to therein.
24.
In respect of paragraph 24:
24.1
admits Steer Wrestling is a rodeo event; and
5
24.2
admits a horse-mounted rider chases a steer, drops from the horse to
the steer and wrestles the steer to the ground. The time is flagged when
the steer has al four hooves off the ground and legs pointing out
straight; and
24.3
relies on Part 6.5 and Appendix 1 of the 2018 Code as if set out in full;
but
1982
24.4
otherwise denies paragraph 24.
Act
25.
In respect of paragraph 25 says:
25.1
Calf Roping is a rodeo event now known as Rope and Tie; and
25.2
Rope and Tie is a timed rodeo event, where a calf is released from a
chute which then triggers the release of the horse and rider, who wil
rope the calf in the area, dismount, put the roped calf on the ground
and tie three of the calves’ legs together using a pigging string, while a
Information
wel -trained horse wil effectively maintain the tension on the rope.
The calf needs to remain tied for six seconds for the tie to be
considered successful; and
Official
25.3
relies on Part 6.3 and Appendix 1 of the 2018 Code as if set out in full;
but
the
25.4
otherwise denies paragraph 25.
26.
In respect of paragraph 26:
under
26.1
admits Calf Riding is a rodeo event; and further says:
26.1.1 Calf Riding is designed to enable younger and lighter
competitors to participate in rodeo; and
26.1.2 weight restrictions that apply are designed to ensure that the
animal involved in the event is not placed under undue stress;
Released
and
26.1.3 the voluntary increase by the New Zealand Rodeo Cowboys
Association (NZRCA) in the liveweight of animals used in
6
this event has led to the discontinuance of Calf Riding at
NZRCA sanctioned rodeo events.
26.2
relies on Part 6.6 of the 2018 Code as if set out in full; but
26.3
otherwise denies paragraph 26.
27.
In respect of paragraph 27:
1982
27.1
admits that Bronc Riding is a rodeo event; and
Act
27.2
admits that Bronc Riding involves a rodeo participant riding a bucking
horse that attempts to throw or buck off the rider; and further says:
27.2.1 there are two types of Bronc Riding: saddle bronc riding
where a horse is fitted with a saddle; and bareback bronc
riding where the horse is fitted with bareback rigging only; and
Information
27.2.2 in both events the horse is fitted with a flank strap which runs
around the body of the horse just in front of the back legs,
which wil encourage the horse to buck; and
27.3
relies on Part 6.1 and Appendix 1 of the 2018 Code as if set out in full;
Official
but
27.4
otherwise denies paragraph 27.
the
28.
In respect of paragraph 28:
28.1
admits that Bull or Steer Riding is a rodeo event; and further says:
under 28.1.1 Bull or Steer Riding involves a bul or a steer being released
into the arena where it wil buck to dislodge the rider from its
back; and
28.1.2 the animal is fitted with a front “bull rope” which wraps
around its body and which the rider holds onto to maintain
Released
his or her seating; and
7
28.1.3 the bul rope is a quick release type of rope that wil fall away
from the animal as soon as the rider is displaced or dismounts;
and
28.1.4 the animal is also fitted with a flank strap to encourage
bucking; and
1982
28.2
relies on Part 6.2 and Appendix 1 of the 2018 Code as if set out in full;
but
Act
28.3
otherwise denies paragraph 28.
29.
In respect of paragraph 29:
29.1
admits that Team Roping is a rodeo event; and
29.2
admits that Team Roping involves two riders a header and a heeler and
a steer; and says further Information
29.2.1 the header wil rope the steer around both horns, the head and
one horn, or the neck, and the heeler then ropes the steer
around the hind legs. The time recorded is that after the steer
is stopped and there is no slack in both the header and heeler’s
Official
ropes; and
the
29.2.2 the rope is slackened immediately upon completion of the
event when the clock is stopped; and
29.3
relies on Part 6.4 and Appendix 1 of the 2018 Code as if set out in full;
under but
29.4
otherwise denies paragraph 29.
30.
Admits paragraph 30 and relies on Part 6.7 and Appendix 1 of the 2018 Code as
if set out in full.
Released 31. In respect of paragraph 31:
31.1
admits the practice of rodeo is undertaken for entertainment purposes;
and further says:
8
31.1.1 the practice of rodeo is also a recognised sport; and
31.1.2 NAWAC has recently developed and published a Guideline
that will be applied by NAWAC in order understand why
people engage with activities using animals in exhibition,
entertainment, and encounter (the 3Es). It is anticipated that
the Guideline and principles therein wil guide NAWAC’s
1982
decision making for these uses.; but
Act
31.2
otherwise denies paragraph 31.
32.
Denies paragraph 32; and further says:
32.1
Rodeo practices that comply with the minimum standards set out in
the 2018 Code do not cause unnecessary or unreasonable pain or
distress and/or result in the wilful or reckless il -treatment of animals;
and
Information
32.2
The minimum standards set out in the 2018 Code are the minimum
standards necessary to ensure the purposes of the Act are met.; and
32.3
At a meeting on 19 May 2021 NAWAC decided to:
Official
32.3.1 reprioritise a statutory review of the 2018 Code; and
the
32.3.2 convene a NAWAC subcommittee (the Rodeo Code Review
Subcommittee) to undertake the statutory review; and
32.4
The Rodeo Code Review Subcommittee’s statutory review of the 2018
under Code has recently completed the pre-consultation stage of the review,
which has involved the Rodeo Code Review Subcommittee consulting,
or attempting to consult, with representatives of the persons likely to
be affected by the draft, including the applicants, in accordance with
section 71(1)(e) of the Act.
33.
In respect of paragraph 33:
Released
33.1
repeats paragraphs 32.1 to 32.4 above; and
9
33.2
admits it is likely there is at least moderate pain experienced by the steer
from the ‘throwing’ action imposed by the contestant when the neck
twist is applied using the horns and chin as leverage; and further says:
33.2.1 NAWAC assumes that some bruising would persist after the
event; and
1982
33.2.2 NAWAC recommended to the Associate Minister of
Agriculture, the Hon Meka Whaitiri (the Minister) in May
Act
2018, in relation to Steer Wrestling, the implementation of
non-regulatory actions to encourage recommended best
practice, gather information and monitor compliance with
minimum standards. These included:
(a)
the commissioning of further research into the
impact of experiences in the rodeo arena; and
Information
(b)
increased monitoring and record keeping of the
animals being trained and used over a season,
including the number of animals involved, and any
animal injuries sustained; and
Official
33.3
otherwise, does not know and therefore denies paragraph 33.
the
34.
In respect of paragraph 33:
34.1
repeats paragraph 25.1 to 25.3 above; and
34.2
repeats paragraph 32.1 to 32.4 above; and
under
34.3
admits that some physical and brief physiological stress may be suffered
by some of the animals involved; and further says
34.3.1 NAWAC concluded in 2013, in relation to Rope and Tie, that
in the absence of evidence that the event causes calves’
significant pain and distress, the event should not be
Released
discontinued; and
10
34.3.2 NAWAC recommended to the Minister in 2018, in relation to
Rope and Tie, the implementation of non-regulatory actions
to encourage recommended best practice, gather information
and monitor compliance with minimum standards. These
included:
(a)
the implementation of methods and instruments
1982
that may have less of a negative impact on calves e.g.
bungee ropes/breakaway ropes; and Act
(b)
the commissioning of further research into
investigating the type and severity of damage to the
necks of calves arising from this event; and
(c)
discussing with the industry options to reduce the
number of calves used at rodeos or alternatively, to
implement a voluntary phase out and cessation of
Information
this calf event; and
34.4
otherwise, does not know and therefore denies paragraph 34.
35.
In respect of paragraph 35:
Official
35.1
repeats paragraph 32.1 to 32.4 above; and
the
35.2
admits there is likely to be discomfort or irritation caused to the calf
from the flank strap (if used) and the chest rope;
35.3
admits the presence of the rider may inflict some discomfort to the calf,
under and there may be potential for musculoskeletal injuries if the calf
stumbles;
35.4
admits the calf may experience moderate pain, but that it is not
expected to persist after the event; and further says:
35.4.1 there are no scientific studies that examine the effects of Calf
Released
Riding as it is practiced in New Zealand;
11
35.4.2 NAWAC concluded in 2013, in relation to Calf Riding, that
calves are of a sufficient weight and maturity that they will not
be subjected to unreasonable pain or distress in this event;
35.4.3 NAWAC recommended to the Minister in 2018, in relation to
Calf Riding, the implementation of non-regulatory actions to
encourage recommended best practice, gather information,
1982
and monitor compliance with minimum standards. Being:
Act
(a)
increased monitoring and record keeping of animals
used, including reporting injury rates 48 hours post-
event; and
(b)
ensuring children are weighed at each event before
they ride calves to make sure that they comply with
the maximum weight requirements; and
Information
(c)
the voluntary increase by NZRCA in the liveweight
of animals used in this event has led to the
discontinuance of Calf Riding at NZRCA
sanctioned rodeo events.
Official
35.5
otherwise, does not know and therefore denies paragraph 35.
the
36.
In respect of paragraph 36:
36.1
repeats paragraph 32.1 to 32.4 above; and further says:
36.1.1 NAWAC concluded in 2013, in relation to Bronc Riding, that
under
the spurs used on animals in bucking events are adequately
dulled and rotate sufficiently that they wil not cause the
animals undue pain or distress; and
36.1.2 NAWAC recommended to the Minister in 2018, in relation to
Bronc Riding, the implementation of non-regulatory actions
Released
to encourage recommended best practice, gather information,
and monitor compliance with minimum standards. Being:
12
(a)
increased monitoring and recording keeping of
training of animals, including the number of animals
involve, and injuries sustained; and
(b)
monitoring and reporting injury rates 48 hours post-
event; and
1982
(c)
discussing with the industry the necessity of spurs
and whether alternative equipment can be used;
Act
36.2
otherwise, does not know and therefore denies paragraph 36.
37.
In respect of paragraph 37:
37.1
repeats paragraph 32.1 to 32.4 above;
37.2
admits that, very occasionally, bulls can suffer back injuries, fractures,
or luxation’s that require the bull to be euthanised; but says NAWAC
Information
concluded in 2018 that the frequency of these injuries was low; and
relies on the NAWAC commissioned Report entitled “Rodeo events –
how do they impact the sentient animal” dated May 2018 (2018
NAWAC report), veterinary report statistics supplied by NZRCA for
Official
the 2017/2018 rodeo season, and an analysis of the 2017/2018
veterinary report statistics prepared by the Chairperson of NAWAC
the
for the purpose of the 2018 NAWAC report; and
37.3
admits that a study in the USA in 2017 found that the bucking bulls
studied in that country were more likely to develop horn and sinus
under disorders, and musculoskeletal issues; and further says:
37.3.1 NAWAC recommended to the Minister in 2018, in relation to
Bull or Steer Riding, the implementation of non-regulatory
actions to encourage recommended best practice, gather
information, and monitor compliance with minimum
standards. Being:
Released
(a)
increased monitoring and record keeping of the
animals being trained, including the number of
13
animals involved, and any animal injuries sustained;
and
(b)
monitoring and reporting injury rates 48 hours post-
event.
37.4
otherwise, does not know and therefore denies paragraph 37.
1982
38.
In respect of paragraph 38:
Act
38.1
repeats paragraph 32.1 to 32.4 above; and further says:
38.1.1 NAWAC concluded in 2018 that the likelihood of pain and
injury during Team Roping was minimal and it recommended
to the Minister, in relation to Team Roping, the
implementation of non-regulatory actions to encourage
recommended best practice, gather information, and monitor
compliance with minimum standards. Being:
Information
(a)
increased monitoring and record keeping of animals
undergoing training for team roping; and
(b)
the commissioning of research into alternative
Official
equipment that would aim to reduce the impact that
the event has on the animal; and
the
38.2
Otherwise, does not know and therefore denies paragraph 38.
39.
In respect of paragraph 39:
under
39.1
repeats paragraph 32.1 to 32.4 above; and further says:
39.2
NAWAC concluded in 2018 that the risk of injury caused by Barrel
Racing was low and it recommended to the Minister non-regulatory
actions to encourage recommended best practice, gather information,
and monitor compliance with minimum standards. Being:
Released
39.2.1 discussing with the industry the necessity of using curb bits,
spurs, and whips during this event, and to determine whether
there are alternatives that could be used; and
14
39.2.2 increased monitoring and record keeping of horses
undergoing training for Barrel Racing; and
39.2.3 the commissioning of research into injury rates in post-event
period; and
39.3
otherwise, does not know and therefore denies paragraph 39.
1982
40.
Does not know and therefore denies paragraph 40, and further repeats
paragraph 32.1 to 32.4 above.
Act
RODEO CODE OF WELFARE
41.
Admits paragraph 41.
42.
Admits paragraph 42 and further says:
42.1
Consultation with representatives of the persons likely to be affected
Information
by the draft Code (pre-consultation) took place between 25 May and
29 June 2012 with Bull Riding NZ Inc, NZRCA, the NZ Veterinary
Association and the Royal Society for the Prevention of Cruelty to
Animals ; and
Official
42.2
Public consultation ran from 12 October to 26 November 2012,
following notices in newspapers in Auckland, Wel ington, Christchurch
the
and Dunedin and direct contact with interest groups; and
42.3
30 written submissions on the draft Code were received, as well as 368
form letters from SAFE and 8 form letters from rodeo supporters; and
under
42.4
NAWAC convened a subcommittee to consider the submissions. The
subcommittee consulted with Ministry for Primary Industries (MPI)
Animal Welfare staff, visited rodeo events, and consulted with industry.
The subcommittee contracted experts Bernie Rollin, philosopher and
ethicist, and Professor Orivaldo Tenorio, a veterinarian and regulator
of rodeo in Brazil; and
Released
42.5
The draft Code was peer reviewed by Dr Cia Johnson of the American
Veterinary Medical Association’s Animal Welfare Division; and
15
42.6
NAWAC recommended the draft Code to the Minister for Primary
Industries on 5 September 2013.
43.
Admits paragraph 43.
44.
In respect of paragraph 44:
44.1
admits the NZALA report provided a review of the practice of rodeo
1982
in New Zealand, and set out the position in other jurisdictions, and
some evidence of the impact of rodeo on animals; but Act
44.2
otherwise denies paragraph 44 and denies that the NZALA report’s
conclusion is correct.
45.
Denies paragraph 45 and further says:
45.1
the Minister sought advice from NAWAC on several aspects of rodeos,
being the use of calves, tail twisting, rope burning, flank straps, and
Information
electric prodders when she attended a NAWAC meeting on 14
February 2018; and
45.2
to address the matters raised by the Minister, NAWAC assembled an
expert panel that utilised a Five Domains model approach to assess the
Official
impact of individual rodeo events on the welfare of the animals
involved;
the
45.3
the report produced by the expert panel was entitled “Rodeo events –
how do they impact the sentient animal?” (NAWAC’s Report); and
under
45.4
the expert panel did not consider ethical, social, or legal questions
relating to rodeos, nor carry out a statutory review of the 2014 Code.
46.
Admits paragraph 46.
47.
In respect of paragraph 47:
Released 47.1 admits NAWAC’s Report was dated May 2018; and further says:
47.1.1 NAWAC’s Report was put on the NAWAC website in
October 2018; but
16
47.2
otherwise denies paragraph 47.
48.
Admits paragraph 48.
49.
Admits paragraph 49; and
49.1
relies on NAWAC’s Report as if set out in full; and further says: 1982
49.1.1 NAWAC considered that the current minimum standards and
the new Animal Welfare (Care and Procedures) Regulations
Act
2018 that were being developed and were due to come into
force on 1 October 2018 adequately managed the issues raised
by the Minister; and
49.1.2 NAWAC recommended several non-regulatory actions to
encourage recommended best practice, gather information,
and monitor compliance with minimum standards. These
included the establishment of a Rodeo Animal Welfare
Information
Committee, increased monitoring and record keeping;
proposing the commissioning of research to assess the
physical impact of events on animals; and discussions with the
industry to explore and introduce alternative instruments and
Official
practices; and
the
49.1.3 Subsequently:
(a)
NZRCA has established the Rodeo Animal Welfare
Committee (RAWC) in August 2019. The RAWC is
under
made up of representatives from NZRCA, SPCA,
New Zealand Veterinary Association and MPI
Compliance. NAWAC sits on the RAWC as an
observer; and
(b)
RAWC passed a motion for the NZRCA Board to
consider ceasing the Rope and Tie event. This
Released
motion was rejected at the NZRCA’s AGM in July
2021; and
17
(c)
RAWC passed a motion for the NZRCA Board to
consider banning the use of whips/crops in Barrel
Racing. This motion was rejected at the NZRCA’s
AGM in July 2021; and
(d)
A more detailed record keeping system has been
established by NZRCA, under the guidance of
1982
RAWC, in the form of updated veterinarian report
templates being completed by the on-site
Act
veterinarian attending the rodeo on the day of the
rodeo; and
(e)
NZRCA now requires weights to be provided for al
animals used in Steer Wrestling events; and
(f)
NZRCA has voluntary increased the liveweight of
animals used in Calf Riding which has led to the
Information
discontinuance of Calf Riding at NZRCA
sanctioned rodeo events. The event is now known
as “junior steer riding”; and
Official
(g)
NAWAC understands, NZRCA is, on the advice of
RAWC, considering initiating a drug testing regime
to screen for the use of pain relief in competitors’
the
horses in Barrel Racing; and
(h)
NAWAC provides the Minister with bi-annual
updates on Rodeos.
under
50.
In respect of paragraph 50:
50.1
Denies paragraph 50, and further says:
50.2
NAWAC was consulted about the proposed minor amendments and
reissue
of the 2018 Code as required under section 76(2) of the Act;
Released
and
50.2.1 NAWAC informed the Minister on 16 August 2018 that it
agreed the proposed amendments to a number of codes of
18
welfare, including the 2014 Code, were minor and technical in
nature, and that it supported the amendment and reissue of
all the codes; and
50.2.2 The 2018 Code contained amendments of a minor and
technical nature relating to formatting and to ensure
consistency with regulations, that were enacted by section
1982
76(1)(b); and
Act
50.2.3 The 2018 Code also contained consequential and minor
amendments to minimum standards 4 and 5 and the
definitions section at Appendix 1 to incorporate the Animal
Welfare (Care and Procedures) Regulations 2018
(
Regulations), which came into force on 1 October 2018,
that were enacted by Part 2 of Schedule 2 of the Regulations,
through section 183A(1)(b) of the Act; and
Information
50.2.4 NAWAC participated in the process for developing the
Regulations including placing its members on a Regulations
working group, providing comment on the policy intent of
regulatory proposals, and commenting on the draft
Official
regulations; and
50.2.5 The applicants and any affected party had an opportunity to
the be consulted and make submissions on the Regulations and
therefore to the amendments to the Code, because Part 2 of
Schedule 2 of the Regulations set out the consequential
under
andminor amendments that were to be made to the Code.
50.3
otherwise denies paragraph 50.
51.
Admits paragraph 51, repeats paragraph 50 above and further says:
51.1
There is no requirement for NAWAC to publicly notify a code of
Released
welfare or produce a report under s 74(2) where amendments to a code
are enacted by section 76(1)(b) or by regulation through section
183A(1)(b) of the Act; and
19
51.2
any procedural error made in issuing or reissuing the 2018 Code was a
minor defect or technical irregularity only that is not reviewable and
does not warrant any relief being granted to the applicants as there was
adequate consultation and notification in respect of the amendments
that were made to the 2018 Code due to the extensive public
notification and consultation that took place for the Regulations. 1982
52.
In respect of paragraph 52:
Act
52.1
admits that in a briefing paper dated 15 August 2018, the Ministry for
Primary Industries sought the Minister’s approval to reissue 17 Codes
of Welfare, including the 2018 Code;
52.2
admits paragraph 52(a), but says the correct reference to the extract
provided paper is paragraph 14 of the briefing paper, not paragraph 10;
52.3
admits paragraph 52(b) to the extent that the briefing paper says
Information
NAWAC had been consulted and recommended that the Minister
reissue the Codes; and further says:
52.3.1 NAWAC did not make a recommendation to the Minister
under section 75 of the Act to reissue the Codes;
Official
52.4
admits paragraph 52(c); and further says:
the
52.4.1 the Ministry for Primary Industries briefed the Minister on
the NZALA Report and NAWAC’s Report in a briefing paper
dated 19 June 2018;
under
52.5
admits paragraph 52(d); and
52.6
relies on the 15 August 2018 briefing paper as if set out in full;
52.7
otherwise denies paragraph 52.
Released 53. In respect of paragraph 53:
20
53.1
admits that in October 2018, the 2014 Code was revoked under section
76(1)(a) and the Minister issued under section 75 the Code of Welfare:
Rodeo 2018 (2018 Code);
53.2
repeats paragraphs 50 and 51 above; and
53.3
otherwise denies paragraph 53.
1982
54.
Admits paragraph 54.
Act
55.
In respect of paragraph 55:
55.1
admits the 2018 Code was amended under s 76, with effect from 9 May
2021; and
55.2
admits paragraph 55(a); and
55.3
admits that a new chapter 7.1 Significant Surgical Procedures was
Information
introduced; but otherwise denies paragraph 55(b); and
55.4
denies paragraph 55(c); and
55.5
admits paragraph 55(d); and
Official
55.6
admits paragraph 5(e); and
the
56.
Denies paragraph 56.
STATUTORY POWERS OF DECISION
57.
Admits paragraph 57.
under
58.
Admits paragraph 58.
GROUNDS OF REVIEW
First Ground of Review
59.
Denies paragraph 59.
Released 60. Denies paragraph 60.
61.
Denies paragraph 61.
21
62.
Denies paragraph 62.
63.
Apprehends that it is not required to plead to paragraph 59, but if required to
plead denies paragraph 63.
64.
Apprehends that paragraph 64 contains matters of law to which it is not required
to plead, but if required to plead denies paragraph 64.
1982
Second Ground of Review
Act
65.
Denies paragraph 65 and repeats paragraphs 50 and 51 above.
66.
Denies paragraph 66.
67.
Apprehends that it is not required to plead to paragraph 67, but if required to
plead denies paragraph 67.
68.
Denies paragraph 68.
Information
Third Ground of Review
69.
Apprehends that paragraph 69 contains matters of law and/or legal submission
to which it is not required to plead, but if required to plead denies paragraph 69.
Official
70.
Apprehends that paragraph 70 contains matters of law and particulars to which
it is not required to plead, but if required to plead denies paragraph 70.
the
71.
Apprehends that it is not required to plead to paragraph 71, but if required to
plead denies paragraph 71.
Relief
under
72.
The second respondent denies the applicants are entitled to the relief sought at
paragraph 72.
Released
22
This document is filed by Michel e Stapleton, solicitor for the second respondent, of
Wakefields Lawyers Ltd.
The address for service of the second respondent is Wakefields Lawyers Ltd, Level 2,
Zephyr House, 82 Willis Street, Wellington 6011. Documents for service on the second
respondent may be left at this address for service or may be:
(a)
posted to the solicitor at PO Box 8091, Wellington 6140; or
(b)
emailed to the solicitor at michel [email address] provided the documents
1982
are also emailed to [email address]
Act
Information
Official
the
under
Released
23
Initial Disclosure Documents
No.
Date
Description
1
Undated
Letter from Minister of Agriculture to NAWAC
2
25/05/2012
NAWAC invitation Rodeo Code
1982
3
05/09/2013
Letter from NAWAC to Minister for Primary Industries
4
2013
2014 Code Report
Act
5
2014
Code of Welfare Rodeos
6
2017
Scientific article
7
2018
Code of Welfare Rodeos
8
14/02/2018
Minutes
Information
9
15/02/2018
Letter from NAWAC to Assoc Minister of Agriculture
10
01/03/2018
Press Release
11
31/05/2018
Letter from NAWAC to Assoc Minister of Agriculture
Official
12
16/08/2018
Letter from NAWAC to Assoc Minister of Agriculture
the
13
15/04/2019
Letter from NAWAC to Minister of Agriculture
14
19/09/2019
Letter from NAWAC to Minister of Agriculture
under
15
05/08/2020
Letter from NAWAC to Minister of Agriculture
16
05/08/2021
Letter from NAWAC to Assoc Minister of Agriculture
17
May 2018
Rodeo Events – How do they impact on the sentient
animal?
18
2018
Summary and Analysis of Data from NZRCA for
Released
2017/2018 rodeo season
19
September 2021 Rodeo Code Review Subcommittee Minutes
24
20
October 2021
Rodeo Code Review Subcommittee Minutes
21
March 2013
Rodeo Code Review Subcommittee Minutes
22
May 2018
NAWAC General Meeting Minutes
23
August 2018
NAWAC General Meeting Minutes
1982
24
2017/2018
Veterinary report statistics
Act
25
2016/2017
Veterinary report statistics
26
12/2021
NAWAC Guideline #15
27
15 August 2018 NAWAC Memorandum 59/18
Information
Official
the
under
Released
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
CIV-2021-485-360
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA TOHE
UNDER THE
Judicial Review Procedure Act 2016
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
1982
BETWEEN
THE NEW ZEALAND ANIMAL LAW
ASSOCIATION
First Applicant
Act
AND
SAVE ANIMALS FROM EXPLOITATION
Second Applicant
AND
THE ATTORNEY-GENERAL
First Respondent
AND
THE NATIONAL ANIMAL WELFARE
Information
ADVISORY COMMITTEE
Second Respondent
AND
NEW ZEALAND RODEO COWBOYS
ASSOCIATION INCORPORATED
Official
Third Respondent
the
STATEMENT OF DEFENCE OF THE THIRD RESPONDENT TO AMENDED
STATEMENT OF CLAIM (APPLICATION FOR REVIEW)
4 May 2022
under
Next Event Date: Hearing 11 July and 12 July 2022
Judicial Officer:
Tavendale and Partners
Counsel: J V Ormsby
Lawyers
Plymouth Chambers
Level 3, Tavendale and Partners
Level 2, 112 Cashel Street
Centre 329 Durham Street North
P O Box 363
P O Box 442
Christchurch 8140
Released Christchurch 8140
Tel: (03) 365 1192
Tel: (03) 374 9999
Email: [email address]
Fax: (03) 374 6888
Solicitor acting:
S J Jamieson Email: [email address]
1
STATEMENT OF DEFENCE OF THE THIRD RESPONDENT TO AMENDED
STATEMENT OF CLAIM (APPLICATION FOR REVIEW)
The Third Respondent says in answer to the Amended Statement of Claim dated
19 April 2022:
Parties
1982
1
It admits paragraph 1.
Act
2
It admits that the Rules of the First Applicant contain similar purposes but
otherwise denies paragraph 2.
3
It admits paragraph 3.
4
It denies paragraph 4 and says further that the Second Applicant’s objectives,
as contained in its Rules, are to raise public awareness of the suffering, abuse
and exploitation of animals and promote education on human-animal relations.
Information
5
It admits paragraph 5.
6
It admits paragraph 6.
7
It admits paragraph 7.
Official
Relevant Statutory Framework
8
It denies paragraph 8 and says that the purposes of the Animal Welfare Act
the
1999 (
Act) are set out in Parts 1-7 of the Act, with each Part having a purpose
statement.
9
It denies paragraph 9 and says further that it relies on the Act as if set out in
full.
under
10
It denies paragraph 10 and says further that:
(a)
section
183A
empowers
the
Governor-General,
on
the
recommendation of the Minister, to make regulations relating to
standards of care, including regulations that do not fully meet the
obligations of sections 10 and 11 or the obligations that a person would
Released
need to observe in the treatment, transport, or killing of animals if that
person were to avoid an offence under other sections including section
29.
2
(b)
Unlike Codes of Welfare, regulations are directly enforceable, and
breach of a regulation is an offence.
(c)
Section 183A(1)(b) provides for the establishment, amendment,
revocation, or replacement of minimum standards.
(d)
Section 183A(10) provides that the Minister must consult with NAWAC
before recommending the making of any regulations under section
1982
183A(1)(b) but nothing in sections 71 to 75 applies in relation to the
making of such regulations under subsection (1)(b).
Act
(e)
Section 184 imposes further consultation requirements to the extent
reasonably practicable in relation to proposed regulations.
11
It denies paragraph 11 and repeats paragraphs 8 and 9.
Codes of Welfare
12
It admits paragraph 12 save to clarify that minimum standards in codes of
welfare are not directly enforceable and relies on section 68 of the Act as if set
Information
out in full. It says further that section 69 provides that codes of conduct may
relate to a range of purposes and activities and relies on section 69 as if set
out in full.
13
It denies paragraph 13 and says further that:
Official
(a)
in considering the content of a draft code of welfare and before
deciding to recommend to the Minister the issue of the code, NAWAC
the
must be satisfied the proposed standards are the minimum necessary
to meet the purposes of the Act and that the recommendations for best
practice (if any) are appropriate; and
(b)
it relies on section 73 of the Act as if set out in full.
under
14
It admits paragraph 14 and relies on sections 70 of the Act as if set out in full.
15
It denies paragraph 15 and relies on sections 71 and 76 as if set out in full.
16
It admits paragraph 16 and relies on section 73 as if set out in full.
17
It admits paragraph 17 and relies on section 73 as if set out in full.
Released
18
It admits paragraph 18 and relies on section 74 as if set out in full.
19
It admits paragraph 19 and relies on section 74 as if set out in full.
3
20
It admits paragraph 20 and relies on section 75 as if set out in full.
21
In respect of paragraph 21:
(a)
it admits that section 76 of the Act provides that the Minister may from
time to time revoke a code of welfare or any part of a code of welfare;
or make amendments of a minor nature to a code of welfare (being
minor amendments that would not materially affect the purposes of the
1982
code);
(b)
relies on section 76 of the Act as if set out in full; and
Act
(c)
otherwise denies paragraph 21.
22
It admits paragraph 22 and says further that section 13(2)(c) provides that if a
defendant equals or exceeds minimum standards contained in a code of
welfare, together with other requirements, then the defendant may have a
defence to any prosecution brought under section 12 (for breach of sections
10 and 11). Conversely, if a minimum standard contained in a code of welfare
was breached by a defendant then there is rebuttable evidence under 13(1A)
Information
that the person failed to comply with the provisions of the Act.
The Practice of Rodeo
23
It denies paragraph 23 and relies on the descriptions of the rodeo events
Official
defined in the Code of Welfare: Rodeos 2018 (the “
2018 Code”) as if set out in
full. the
Steer wrestling
24
It admits steer wrestling is a rodeo event, where a horse-mounted rider chases
a steer, drops from the horse to the steer and wrestles it to the ground, it
otherwise denies paragraph 24 and says further:
under
(a)
it relies on paragraph 6.5 of the 2018 Code as if pleaded in full; and
(b)
says that in the steer wrestling event a mounted rider chases a steer,
drops from a horse to the steer and wrestles the steer to the ground.
The time is flagged when the steer has all four hooves off the ground
and legs pointing out straight. The animals involved in this event are
Released
often bred specifically for this event and need to be in good physical
condition with no defects and must be trained and familiarised with the
arena before competing.
4
Calf roping
25
It denies paragraph 25 and says further:
(a)
calf roping is now known as rope and tie;
(b)
it relies on paragraph 6.3 of the 2018 Code as if pleaded in full; and
(c)
says in the rope and tie event, an animal is released from the chute
1982
which then triggers the release of the horse and rider, who will seek to
rope the animal in the arena, dismount, put the roped animal on the
Act
ground and tie three of the animal’s legs using a pegging string, while
a well-trained horse will effectively maintain the tension on the rope.
The animal needs to remain tied to the judge’s satisfaction for the tie
to be considered successful. Animals used in these events can be
subjected to physical stressors and need to be fit, healthy and without
defects, and must be trained and familiarised with the arena before
competing.
Calf riding
Information
26
It admits calf riding is a children’s rodeo event, otherwise denies paragraph 26
and says further:
(a)
it relies on paragraph 6.6 of the 2018 Code as if pleaded in full;
Official
(b)
calf riding is designed to enable younger and lighter competitors to
participate in rodeo; and
the
(c)
its voluntary increase in the liveweight of animals used in this event
has led to the discontinuance of calf riding at rodeo events sanctioned
by it.
under
Bronc riding
27
It admits bronc riding is a rodeo event that involves a rodeo participant riding a
bucking horse that attempts to throw or buck off the rider, otherwise denies
paragraph 27 and says further:
(a)
it relies on paragraph 6.1 of the 2018 Code as if pleaded in full;
Released
(b)
there are two types of this event, saddle bronc riding, where the horse
is fitted with a saddle, and bareback bronc riding, where the horse is
fitted with bareback rigging only;
5
(c)
in both events the horse will be fitted with a flank strap which runs
around the body of the horse just in front of the back legs, which is a
que for the horse to buck and promotes consistent and safe bucking
rather than wild and uncontrolled bucking; and
(d)
minimum standard number 7 provides that the flank strap must not be
so tight as to restrict the movement of the horse and must be removed
from the horse as soon as it is practicable to do so.
1982
Bull and steer riding
Act
28
It admits bull and steer riding is a rodeo event that involves a rider mounting a
bucking bull/steer and attempting to stay mounted while the animal tries to buck
and dislodge the rider, otherwise denies paragraph 28 and says further:
(a)
it relies on paragraph 6.2 of the 2018 Code as if pleaded in full;
(b)
that the bul or steer is fitted with a front ‘bull rope’ which wraps arounds
its body and which the rider holds on top to maintain their seating. This
bull rope is required to fall away from the animal as soon as the rider
Information
is displaced or dismounts; and
(c)
that the animal is also fitted with a flank strap which is a que for the
bull to buck and promotes consistent and safe bucking. Minimum
standard number 8 requires that the flank trap must not be so tight as
Official
to restrict the movement of the animal.
Team roping
the
29
It admits team roping is a rodeo event which involves two riders (a header and
a heeler) and a steer, otherwise denies paragraph 29 and says further;
(a)
it relies on paragraph 6.4 of the 2018 Code as if pleaded full;
under
(b)
that the header will rope the steer around both horns, the head and
one horn, or the neck, and the heeler then ropes the steer around the
hind legs. The time recorded is the time at which the steer is stopped
and there is no slack in both the header and heeler’s ropes; and
(c)
the rope is slackened immediately upon completion of the event when
Released
the clock is stopped. The animals involved in this event are often bred
specifically for this event and need to be in good physical condition
with no defects and must be trained and familiarised with the arena
before competing
6
Barrel racing
30
It admits barrel racing is a rodeo event where riders guide their horses around
three barrels in a cloverleaf pattern in the shortest time possible, otherwise
denies paragraph 30 and says further:
(a)
it relies on paragraph 6.7 of the 2018 Code as if pleaded in full; and 1982
(b)
that given the requirements for this event, the animals participating
need to be well trained and in good physical condition.
Act
31
It denies paragraph 31 and says that rodeo is a well-established sport in New
Zealand and also serves an educational function.
32
It denies paragraph 32 and further says that:
(a)
the issue of pain and distress to animals in rodeo has been regularly
reviewed and scrutinised under the Act and in the development of the
2014 and 2018 Codes of Welfare: Rodeo. Such scrutiny has included
a full review of the most up to date scientific research and evidence,
Information
independent expert input, and submissions and information provided
by third parties including the Third Respondent as well as the
allegations now made by the Applicants in their pleadings and
contained in the First Applicant’s earlier report by Catriona
MacLennan.
Official
(b)
the Third Respondent has developed rules to ensure that rodeo
practices comply with the minimum standards set out in the 2018
the
Code.
(c)
Rodeo practices that comply with the current Code of Welfare: Rodeo
and the Rules of the Third Respondent do not cause unnecessary or
under unreasonable pain or distress and/or result in the wilful or reckless ill-
treatment of animals and there are substantial safeguards in place to
provide for the welfare of the animals involved in rodeo.
(d)
the Animal Welfare (Care and Procedure) Regulations 2018 created
new offences for the misuse of animals including at rodeo events.
(e)
in 2019, the NZRCA established the Rodeo Animal Welfare Committee
Released
to review, assess and make recommendations on animal welfare
issues to the NZRCA Board. Membership of the Committee is limited
to a minimum of six representatives and consists of an independent
7
chairperson, a senior member of the NZRCA who has knowledge of
the Animal Welfare policies and their administration, a senior member
of the NZRCA who has knowledge of the Association’s rules and
policies and their administration, a person nominated by and
representing the Ministry of Primary Industries with responsibility for
Animal Welfare (MPI) who has knowledge of regulations and
compliance, a person nominated by and representing the Royal New
1982
Zealand Society for Prevention of Cruelty to Animals who has
knowledge of the science of Animal Welfare, and a veterinarian
nominated by and representing the New Zealand Veterinarian
Act
Association who has knowledge of the veterinary care of rodeo
animals and of the science of Animal Welfare. A NAWAC observer
must be present at each meeting.
(f)
every rodeo in New Zealand requires an Animal Welfare Officer and a
veterinarian experienced in treating horses and cattle. The officer and
veterinarian must inspect and approve each animal prior to
participation and monitor the event.
Information
(g)
parts of the Animal Welfare (Care and Procedures) Amendment
Regulations 2020 apply to animals at rodeo events.
33
It denies paragraph 33 and repeats paragraphs 24 and 32.
34
It denies paragraph 34 and repeats paragraphs 25 and 32.
Official
35
It denies paragraph 35 and repeats paragraphs 26 and 32.
the
36
It denies paragraph 36 and repeats paragraphs 27 and 32.
37
It denies paragraph 37 and repeats paragraphs 28 and 32.
38
It denies paragraph 38 and repeats paragraphs 29 and 32.
39
It denies paragraph 39 and repeats paragraphs 30 and 32
under
40
It denies paragraph 40 and repeats paragraph 32.
Rodeo Codes of Welfare
41
It admits paragraph 41.
42
It admits paragraph 42.
Released 43 It admits paragraph 43.
44
It admits the text of the NZALA report and otherwise denies paragraph 44.
8
45
It has insufficient knowledge and therefore denies paragraph 45.
46
It admits paragraph 46.
47
It admits the NAWAC’s report is dated May 2018 and that it was published on
NAWAC’s website in October 2018, and otherwise has insufficient knowledge
and denies paragraph 47.
1982
48
It admits paragraph 48.
49
It denies paragraph 49 and relies on the NAWAC report in full.
Act
50
It apprehends that the matters pleaded at paragraph 50 relate to the conduct
and interests of the First and Second Respondents and that it is not required
to plead to the allegations therein.
51
It apprehends that the matters pleaded at paragraph 51 relate to the conduct
and interests of the First and Second Respondents and that it is not required
to plead to the allegations therein. Information
52
It apprehends that the matters pleaded at paragraph 52 relate to the conduct
and interests of the First and Second Respondents and that it is not required
to plead to the allegations therein.
53
In respect of paragraph 53 it:
Official
(a)
admits that in October 2018, the 2014 Code was revoked under
section 76(1)(a) and the Minister issued the Code of Welfare: Rodeo
the
2018 under section 75 of the Act; and
(b)
otherwise apprehends that the matters pleaded at paragraph 53 relate
to the conduct and interests of the First and Second Respondents and
that it is not required to plead to the allegations therein.
under
54
It admits paragraph 54.
55
It respect of paragraph 55:
(a)
it admits that it is aware the Code was amended under section 76 of
the Act.
Released
(b)
it admits paragraph (a) but says that this requirement was already
contained in the 2018 Code at Minimum Standard 4(a).
9
(c)
it admits that a new chapter 7.1 Significant Surgical Procedures was
introduced but otherwise denies paragraph (b).
(d)
it denies paragraph (c).
(e)
it admits paragraph (d).
(f)
it admits paragraph (e)
1982
56
It denies paragraph 56.
Statutory powers of decision
Act
57
It apprehends that the matters pleaded at paragraph 57 relate to the conduct
and interests of the First and Second Respondents and that it is not required
to plead to the allegations therein.
58
It apprehends that the matters pleaded at paragraph 58 relate to the conduct
and interests of the First and Second Respondents and that it is not required
to plead to the allegations therein. Information
First ground of review – Failure to follow process
59
It apprehends that the matters pleaded at paragraph 59 relate to the conduct
and interests of the First and Second Respondents and that it is not required
to plead to the allegations therein.
Official
60
It apprehends that the matters pleaded at paragraph 60 relate to the conduct
and interests of the First and Second Respondents and that it is not required
the
to plead to the allegations therein.
61
It apprehends that it is not required to plead in respect of the process followed
by the Second Respondent but says further that to the extent paragraph 61
seeks to allege or intimate that NAWAC had inadequate information, research,
under and scientific knowledge such that conduct consistent with the 2018 Code may
result in rodeo practices that contravene the Act then it denies the allegations
pleaded therein.
62
It apprehends that it is not required to plead in respect of the process followed
by the Second Respondent but says further that to the extent paragraph 62
seeks to allege or intimate that NAWAC had inadequate information, research,
Released
and scientific knowledge such that conduct consistent with the 2018 Code may
result in rodeo practices that contravene the Act then it denies the allegations
pleaded therein.
10
63
It apprehends that it is not required to plead in respect of the processes
followed by the Minister or Second Respondent but says further that to the
extent paragraph 63 seeks to allege or intimate that NAWAC had inadequate
information, research, and scientific knowledge such that conduct consistent
with the 2018 Code may result in rodeo practices that contravene the Act then
it denies the allegations pleaded therein.
64
It apprehends that it is not required to plead in respect of the processes
1982
followed by the Minister or Second Respondent but says further that to the
extent paragraph 64 seeks to allege or intimate that rodeo practices are
Act
unlawful under the Act itself then it denies the allegations pleaded therein.
Second Ground of Review – error of law
65
It apprehends that the matters pleaded at paragraph 65 relate to the conduct
and interests of the First and Second Respondents and that it is not required
to plead to the allegations therein.
66
It apprehends that it is not required to plead in respect of the processes
Information
followed by the Minister or Second Respondent but says further that to the
extent paragraph 66 seeks to allege or intimate that NAWAC had inadequate
information, research, and scientific knowledge such that conduct consistent
with the 2018 Code may result in rodeo practices that contravene the Act then
it denies the allegations pleaded therein.
Official
67
It apprehends that it is not required to plead in respect of the processes
followed by the Minister but says further that to the extent paragraph 67 seeks
the
to allege or intimate that rodeo practices breach provisions within the Act or
are otherwise unlawful under the Act itself then it denies the allegations
pleaded therein.
68
It denies paragraph 68.
under
Third ground of review – ultra vires or improper purpose
69
It denies paragraph 69.
70
It denies paragraph 70.
71
It denies paragraph 71.
Released
Relief
72
It is not required to plead to paragraph 72.
11
This Document is filed by
SARA JOY JAMIESON solicitor for the Third Respondent,
of the firm Tavendale and Partners. The address for service of the Third Respondent
is at the offices of Tavendale and Partners, Level 3, 329 Durham Street, Christchurch.
Documents for service on the Third Respondent may be delivered to that address or
may be:
1982
(a)
posted to the solicitor at PO Box 442, Christchurch 8140.
(b)
left for the solicitor at a document exchange for direction to DX WX11145,
Act
Christchurch
(c)
Emailed
to
the
solicitor
for
the
Third
Respondent
at
[email address]
/
[email address]
and
to
[email address].
Information
Official
the
under
Released
IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE WHANGANUI-A-TARA ROHE
CIV-2021-485-360
1982
UNDER THE
Judicial Review Procedure Act 2016
Act
IN THE MATTER OF
The Code of Welfare: Rodeos 2018
BETWEEN
THE NEW ZEALAND ANIMAL LAW
ASSOCIATION
First Applicant
AND
SAVE ANIMALS FROM
EXPLOITATION
Second Applicant
Information
AND
THE ATTORNEY-GENERAL
First Respondent
CONT/…
Official
the
SECOND RESPONDENT’S THIRD AMENDED STATEMENT OF
DEFENCE
16 May 2022
under
Counsel acting:
Rachel Roff
Clifton Chambers
[email address]
Wakefields Lawyers Ltd
PO Box 8091
Released
Wellington 6143
04 909 7506
Contact person: Michel e Stapleton michel [email address]
1
AND
THE NATIONAL ANIMAL WELFARE
ADVISORY COMMITTEE
Second Respondent
AND
THE NEW ZEALAND RODEO
COWBOYS ASSOCIATION
INCORPORATED
Third Respondent
1982
Act
Information
Official
the
under
Released
2
The second respondent by its solicitor says in response to the amended statement of claim
(application for review) dated 19 April 2022:
PARTIES
1.
Admits paragraph 1.
2.
Apprehends paragraph 2 contains matters to which it is not required to plead.
1982
3.
Admits paragraph 3.
Act
4.
Apprehends paragraph 4 contains matters to which it is not required to plead.
5.
Admits paragraph 5.
6.
Admits paragraph 6.
7.
Admits paragraph 7.
Information
RELEVANT STATUTORY FRAMEWORK
Purposes, policy and object of the Act
8.
Apprehends paragraph 8 contains matters of law and/or submission to which it
is not required to plead.
Official
9.
Apprehends paragraph 9 contains matters of law and/or submission to which it
the
is not required to plead.
10.
Apprehends paragraph 10 contains matters of law and/or submission to which
it is not required to plead.
under
11.
Apprehends paragraph 11 contains matters of law and/or submission to which
it is not required to plead.
Codes of Welfare
12.
In respect of paragraph 12:
Released 12.1 admits codes of welfare establish minimum standards with regard to
the way in which persons care for animals and conduct themselves
towards such animals; and
3
12.2
admits codes of welfare include recommendations on the best practice
to be observed by persons in caring for such animals and in conducting
themselves towards such animals; and
12.3
relies on sections 68 and 69 of the Act as if set out in full; and
12.4
further says minimum standards in codes of welfare are not directly
1982
enforceable; but
12.5
otherwise denies paragraph 12.
Act
13.
Denies paragraph 13 and further says:
13.1
before making its recommendation on minimum standards in a code
of welfare, NAWAC must be satisfied the proposed standards are the
minimum necessary to meet the purposes of the Act; and
13.2
relies on section 73 of the Act as if set out in full.
Information
14.
Admits paragraph 14 and relies on section 70 of the Act as if set out in full.
15.
In respect of paragraph 15:
Official
15.1
admits NAWAC must publicly notify a draft code of welfare if
NAWAC is satisfied the requirements of section 71(1) of the Act are
met; and
the
15.2
admits NAWAC may consult with those persons who, in response to
a notice published or given under section 71(3) of the Act make draft
submissions on the draft code of welfare; and
under
15.3
relies on sections 71, 72 and 76 of the Act as if set out in full; but
15.4
otherwise denies paragraph 15.
16.
Admits paragraph 16 and relies on section 73 of the Act as if set out in full.
Released 17. Admits paragraph 17 and further says:
17.1
in carrying out its functions under section 73(1) NAWAC must also
have regard to:
4
17.1.1 available technology; and
17.1.2 any other matters considered relevant by NAWAC; and
17.2
relies on section 73 of the Act as if set out in full.
18.
Admits paragraph 18 and relies on section 74 of the Act as if set out in full.
1982
19.
Admits paragraph 19 and relies on section 74 of the Act as if set out in full.
20.
Admits paragraph 20 and relies on section 75 of the Act as if set out in full.
Act
21.
In respect of paragraph 21:
21.1
admits section 76 of the Act provides that the Minister may:
21.1.1 revoke a code of welfare or any part of a code of welfare; or
21.1.2 make amendments of a minor nature to a code of welfare
Information
(being minor amendments that would not material y affect the
purposes of the code); and
21.2
relies on section 76 of the Act as if set out in full; and
Official
21.3
otherwise denies paragraph 21.
22.
In respect of paragraph 22;
the
22.1
repeats paragraph 12.4 above;
22.2
relies on s 24 as if set out in full;
under
22.3
otherwise denies paragraph 22.
THE PRACTICE OF RODEO
23.
Denies paragraph 23 and refers to the 2018 Code of Welfare: Rodeos (2018
Code) definition of “rodeo” at Appendix 1 of the 2018 Code, and the
Released descriptions of rodeo events referred to therein.
24.
In respect of paragraph 24:
24.1
admits Steer Wrestling is a rodeo event; and
5
24.2
admits a horse-mounted rider chases a steer, drops from the horse to
the steer and wrestles the steer to the ground. The time is flagged when
the steer has al four hooves off the ground and legs pointing out
straight; and
24.3
relies on Part 6.5 and Appendix 1 of the 2018 Code as if set out in full;
but
1982
24.4
otherwise denies paragraph 24.
Act
25.
In respect of paragraph 25 says:
25.1
Calf Roping is a rodeo event now known as Rope and Tie; and
25.2
Rope and Tie is a timed rodeo event, where a calf is released from a
chute which then triggers the release of the horse and rider, who wil
rope the calf in the area, dismount, put the roped calf on the ground
and tie three of the calves’ legs together using a pigging string, while a
Information
wel -trained horse wil effectively maintain the tension on the rope.
The calf needs to remain tied for six seconds for the tie to be
considered successful; and
Official
25.3
relies on Part 6.3 and Appendix 1 of the 2018 Code as if set out in full;
but
the
25.4
otherwise denies paragraph 25.
26.
In respect of paragraph 26:
under
26.1
admits Calf Riding is a rodeo event; and further says:
26.1.1 Calf Riding is designed to enable younger and lighter
competitors to participate in rodeo; and
26.1.2 weight restrictions that apply are designed to ensure that the
animal involved in the event is not placed under undue stress;
Released
and
26.1.3 the voluntary increase by the New Zealand Rodeo Cowboys
Association (NZRCA) in the liveweight of animals used in
6
this event has led to the discontinuance of Calf Riding at
NZRCA sanctioned rodeo events.
26.2
relies on Part 6.6 of the 2018 Code as if set out in full; but
26.3
otherwise denies paragraph 26.
27.
In respect of paragraph 27:
1982
27.1
admits that Bronc Riding is a rodeo event; and
Act
27.2
admits that Bronc Riding involves a rodeo participant riding a bucking
horse that attempts to throw or buck off the rider; and further says:
27.2.1 there are two types of Bronc Riding: saddle bronc riding
where a horse is fitted with a saddle; and bareback bronc
riding where the horse is fitted with bareback rigging only; and
Information
27.2.2 in both events the horse is fitted with a flank strap which runs
around the body of the horse just in front of the back legs,
which wil encourage the horse to buck; and
27.3
relies on Part 6.1 and Appendix 1 of the 2018 Code as if set out in full;
Official
but
27.4
otherwise denies paragraph 27.
the
28.
In respect of paragraph 28:
28.1
admits that Bull or Steer Riding is a rodeo event; and further says:
under 28.1.1 Bull or Steer Riding involves a bull or a steer being released
into the arena where it wil buck to dislodge the rider from its
back; and
28.1.2 the animal is fitted with a front “bull rope” which wraps
around its body and which the rider holds onto to maintain
Released
his or her seating; and
7
28.1.3 the bull rope is a quick release type of rope that wil fall away
from the animal as soon as the rider is displaced or dismounts;
and
28.1.4 the animal is also fitted with a flank strap to encourage
bucking; and
1982
28.2
relies on Part 6.2 and Appendix 1 of the 2018 Code as if set out in full;
but
Act
28.3
otherwise denies paragraph 28.
29.
In respect of paragraph 29:
29.1
admits that Team Roping is a rodeo event; and
29.2
admits that Team Roping involves two riders a header and a heeler and
a steer; and says further Information
29.2.1 the header wil rope the steer around both horns, the head and
one horn, or the neck, and the heeler then ropes the steer
around the hind legs. The time recorded is that after the steer
is stopped and there is no slack in both the header and heeler’s
Official
ropes; and
the
29.2.2 the rope is slackened immediately upon completion of the
event when the clock is stopped; and
29.3
relies on Part 6.4 and Appendix 1 of the 2018 Code as if set out in full;
under but
29.4
otherwise denies paragraph 29.
30.
Admits paragraph 30 and relies on Part 6.7 and Appendix 1 of the 2018 Code as
if set out in full.
Released 31. In respect of paragraph 31:
31.1
admits the practice of rodeo is undertaken for entertainment purposes;
and further says:
8
31.1.1 the practice of rodeo is also a recognised sport; and
31.1.2 NAWAC has recently developed and published a Guideline
that will be applied by NAWAC in order understand why
people engage with activities using animals in exhibition,
entertainment, and encounter (the 3Es). It is anticipated that
the Guideline and principles therein wil guide NAWAC’s
1982
decision making for these uses.; but
Act
31.2
otherwise denies paragraph 31.
32.
Denies paragraph 32; and further says:
32.1
Rodeo practices that comply with the minimum standards set out in
the 2018 Code do not cause unnecessary or unreasonable pain or
distress and/or result in the wilful or reckless il -treatment of animals;
and
Information
32.2
The minimum standards set out in the 2018 Code are the minimum
standards necessary to ensure the purposes of the Act are met.; and
32.3
At a meeting on 19 May 2021 NAWAC decided to:
Official
32.3.1 reprioritise a statutory review of the 2018 Code; and
the
32.3.2 convene a NAWAC subcommittee (the Rodeo Code Review
Subcommittee) to undertake the statutory review; and
32.4
The Rodeo Code Review Subcommittee’s statutory review of the 2018
under Code has recently completed the pre-consultation stage of the review,
which has involved the Rodeo Code Review Subcommittee consulting,
or attempting to consult, with representatives of the persons likely to
be affected by the draft, including the applicants, in accordance with
section 71(1)(e) of the Act.
33.
In respect of paragraph 33:
Released
33.1
repeats paragraphs 32.1 to 32.4 above; and
9
33.2
admits it is likely there is at least moderate pain experienced by the steer
from the ‘throwing’ action imposed by the contestant when the neck
twist is applied using the horns and chin as leverage; and further says:
33.2.1 NAWAC assumes that some bruising would persist after the
event; and
1982
33.2.2 NAWAC recommended to the Associate Minister of
Agriculture, the Hon Meka Whaitiri (the Minister) in May
Act
2018, in relation to Steer Wrestling, the implementation of
non-regulatory actions to encourage recommended best
practice, gather information and monitor compliance with
minimum standards. These included:
(a)
the commissioning of further research into the
impact of experiences in the rodeo arena; and
Information
(b)
increased monitoring and record keeping of the
animals being trained and used over a season,
including the number of animals involved, and any
animal injuries sustained; and
Official
33.3
otherwise, does not know and therefore denies paragraph 33.
the
34.
In respect of paragraph 33:
34.1
repeats paragraph 25.1 to 25.3 above; and
34.2
repeats paragraph 32.1 to 32.4 above; and
under
34.3
admits that some physical and brief physiological stress may be suffered
by some of the animals involved; and further says
34.3.1 NAWAC concluded in 2013, in relation to Rope and Tie, that
in the absence of evidence that the event causes calves’
significant pain and distress, the event should not be
Released
discontinued; and
10
34.3.2 NAWAC recommended to the Minister in 2018, in relation to
Rope and Tie, the implementation of non-regulatory actions
to encourage recommended best practice, gather information
and monitor compliance with minimum standards. These
included:
(a)
the implementation of methods and instruments
1982
that may have less of a negative impact on calves e.g.
bungee ropes/breakaway ropes; and Act
(b)
the commissioning of further research into
investigating the type and severity of damage to the
necks of calves arising from this event; and
(c)
discussing with the industry options to reduce the
number of calves used at rodeos or alternatively, to
implement a voluntary phase out and cessation of
Information
this calf event; and
34.4
otherwise, does not know and therefore denies paragraph 34.
35.
In respect of paragraph 35:
Official
35.1
repeats paragraph 32.1 to 32.4 above; and
the
35.2
admits there is likely to be discomfort or irritation caused to the calf
from the flank strap (if used) and the chest rope;
35.3
admits the presence of the rider may inflict some discomfort to the calf,
under and there may be potential for musculoskeletal injuries if the calf
stumbles;
35.4
admits the calf may experience moderate pain, but that it is not
expected to persist after the event; and further says:
35.4.1 there are no scientific studies that examine the effects of Calf
Released
Riding as it is practiced in New Zealand;
11
35.4.2 NAWAC concluded in 2013, in relation to Calf Riding, that
calves are of a sufficient weight and maturity that they will not
be subjected to unreasonable pain or distress in this event;
35.4.3 NAWAC recommended to the Minister in 2018, in relation to
Calf Riding, the implementation of non-regulatory actions to
encourage recommended best practice, gather information,
1982
and monitor compliance with minimum standards. Being:
Act
(a)
increased monitoring and record keeping of animals
used, including reporting injury rates 48 hours post-
event; and
(b)
ensuring children are weighed at each event before
they ride calves to make sure that they comply with
the maximum weight requirements; and
Information
(c)
the voluntary increase by NZRCA in the liveweight
of animals used in this event has led to the
discontinuance of Calf Riding at NZRCA
sanctioned rodeo events.
Official
35.5
otherwise, does not know and therefore denies paragraph 35.
the
36.
In respect of paragraph 36:
36.1
repeats paragraph 32.1 to 32.4 above; and further says:
36.1.1 NAWAC concluded in 2013, in relation to Bronc Riding, that
under
the spurs used on animals in bucking events are adequately
dulled and rotate sufficiently that they wil not cause the
animals undue pain or distress; and
36.1.2 NAWAC recommended to the Minister in 2018, in relation to
Bronc Riding, the implementation of non-regulatory actions
Released
to encourage recommended best practice, gather information,
and monitor compliance with minimum standards. Being:
12
(a)
increased monitoring and recording keeping of
training of animals, including the number of animals
involve, and injuries sustained; and
(b)
monitoring and reporting injury rates 48 hours post-
event; and
1982
(c)
discussing with the industry the necessity of spurs
and whether alternative equipment can be used;
Act
36.2
otherwise, does not know and therefore denies paragraph 36.
37.
In respect of paragraph 37:
37.1
repeats paragraph 32.1 to 32.4 above;
37.2
admits that, very occasionally, bulls can suffer back injuries, fractures,
or luxation’s that require the bull to be euthanised; but says NAWAC
Information
concluded in 2018 that the frequency of these injuries was low; and
relies on the NAWAC commissioned Report entitled “Rodeo events –
how do they impact the sentient animal” dated May 2018 (2018
NAWAC report), veterinary report statistics supplied by NZRCA for
Official
the 2017/2018 rodeo season, and an analysis of the 2017/2018
veterinary report statistics prepared by the Chairperson of NAWAC
the
for the purpose of the 2018 NAWAC report; and
37.3
admits that a study in the USA in 2017 found that the bucking bulls
studied in that country were more likely to develop horn and sinus
under disorders, and musculoskeletal issues; and further says:
37.3.1 NAWAC recommended to the Minister in 2018, in relation to
Bull or Steer Riding, the implementation of non-regulatory
actions to encourage recommended best practice, gather
information, and monitor compliance with minimum
standards. Being:
Released
(a)
increased monitoring and record keeping of the
animals being trained, including the number of
13
animals involved, and any animal injuries sustained;
and
(b)
monitoring and reporting injury rates 48 hours post-
event.
37.4
otherwise, does not know and therefore denies paragraph 37.
1982
38.
In respect of paragraph 38:
Act
38.1
repeats paragraph 32.1 to 32.4 above; and further says:
38.1.1 NAWAC concluded in 2018 that the likelihood of pain and
injury during Team Roping was minimal and it recommended
to the Minister, in relation to Team Roping, the
implementation of non-regulatory actions to encourage
recommended best practice, gather information, and monitor
compliance with minimum standards. Being:
Information
(a)
increased monitoring and record keeping of animals
undergoing training for team roping; and
(b)
the commissioning of research into alternative
Official
equipment that would aim to reduce the impact that
the event has on the animal; and
the
38.2
Otherwise, does not know and therefore denies paragraph 38.
39.
In respect of paragraph 39:
under
39.1
repeats paragraph 32.1 to 32.4 above; and further says:
39.2
NAWAC concluded in 2018 that the risk of injury caused by Barrel
Racing was low and it recommended to the Minister non-regulatory
actions to encourage recommended best practice, gather information,
and monitor compliance with minimum standards. Being:
Released
39.2.1 discussing with the industry the necessity of using curb bits,
spurs, and whips during this event, and to determine whether
there are alternatives that could be used; and
14
39.2.2 increased monitoring and record keeping of horses
undergoing training for Barrel Racing; and
39.2.3 the commissioning of research into injury rates in post-event
period; and
39.3
otherwise, does not know and therefore denies paragraph 39.
1982
40.
Does not know and therefore denies paragraph 40, and further repeats
paragraph 32.1 to 32.4 above.
Act
RODEO CODE OF WELFARE
41.
Admits paragraph 41.
42.
Admits paragraph 42 and further says:
42.1
Consultation with representatives of the persons likely to be affected
Information
by the draft Code (pre-consultation) took place between 25 May and
29 June 2012 with Bull Riding NZ Inc, NZRCA, the NZ Veterinary
Association and the Royal Society for the Prevention of Cruelty to
Animals ; and
Official
42.2
Public consultation ran from 12 October to 26 November 2012,
following notices in newspapers in Auckland, Wel ington, Christchurch
the
and Dunedin and direct contact with interest groups; and
42.3
30 written submissions on the draft Code were received, as well as 368
form letters from SAFE and 8 form letters from rodeo supporters; and
under
42.4
NAWAC convened a subcommittee to consider the submissions. The
subcommittee consulted with Ministry for Primary Industries (MPI)
Animal Welfare staff, visited rodeo events, and consulted with industry.
The subcommittee contracted experts Bernie Rollin, philosopher and
ethicist, and Professor Orivaldo Tenorio, a veterinarian and regulator
of rodeo in Brazil; and
Released
42.5
The draft Code was peer reviewed by Dr Cia Johnson of the American
Veterinary Medical Association’s Animal Welfare Division; and
15
42.6
NAWAC recommended the draft Code to the Minister for Primary
Industries on 5 September 2013.
43.
Admits paragraph 43.
44.
In respect of paragraph 44:
44.1
admits the NZALA report provided a review of the practice of rodeo
1982
in New Zealand, and set out the position in other jurisdictions, and
some evidence of the impact of rodeo on animals; but Act
44.2
otherwise denies paragraph 44 and denies that the NZALA report’s
conclusion is correct.
45.
Denies paragraph 45 and further says:
45.1
the Minister sought advice from NAWAC on several aspects of rodeos,
being the use of calves, tail twisting, rope burning, flank straps, and
Information
electric prodders when she attended a NAWAC meeting on 14
February 2018; and
45.2
to address the matters raised by the Minister, NAWAC assembled an
expert panel that utilised a Five Domains model approach to assess the
Official
impact of individual rodeo events on the welfare of the animals
involved;
the
45.3
the report produced by the expert panel was entitled “Rodeo events –
how do they impact the sentient animal?” (NAWAC’s Report); and
under
45.4
the expert panel did not consider ethical, social, or legal questions
relating to rodeos, nor carry out a statutory review of the 2014 Code.
46.
Admits paragraph 46.
47.
In respect of paragraph 47:
Released 47.1 admits NAWAC’s Report was dated May 2018; and further says:
47.1.1 NAWAC’s Report was put on the NAWAC website in
October 2018; but
16
47.2
otherwise denies paragraph 47.
48.
Admits paragraph 48.
49.
Admits paragraph 49; and
49.1
relies on NAWAC’s Report as if set out in full; and further says: 1982
49.1.1 NAWAC considered that the current minimum standards and
the new Animal Welfare (Care and Procedures) Regulations
Act
2018 that were being developed and were due to come into
force on 1 October 2018 adequately managed the issues raised
by the Minister; and
49.1.2 NAWAC recommended several non-regulatory actions to
encourage recommended best practice, gather information,
and monitor compliance with minimum standards. These
included the establishment of a Rodeo Animal Welfare
Information
Committee, increased monitoring and record keeping;
proposing the commissioning of research to assess the
physical impact of events on animals; and discussions with the
industry to explore and introduce alternative instruments and
Official
practices; and
the
49.1.3 Subsequently:
(a)
NZRCA has established the Rodeo Animal Welfare
Committee (RAWC) in August 2019. The RAWC is
under
made up of representatives from NZRCA, SPCA,
New Zealand Veterinary Association and MPI
Compliance. NAWAC sits on the RAWC as an
observer; and
(b)
RAWC passed a motion for the NZRCA Board to
consider ceasing the Rope and Tie event. This
Released
motion was rejected at the NZRCA’s AGM in July
2021; and
17
(c)
RAWC passed a motion for the NZRCA Board to
consider banning the use of whips/crops in Barrel
Racing. This motion was rejected at the NZRCA’s
AGM in July 2021; and
(d)
A more detailed record keeping system has been
established by NZRCA, under the guidance of
1982
RAWC, in the form of updated veterinarian report
templates being completed by the on-site
Act
veterinarian attending the rodeo on the day of the
rodeo; and
(e)
NZRCA now requires weights to be provided for al
animals used in Steer Wrestling events; and
(f)
NZRCA has voluntary increased the liveweight of
animals used in Calf Riding which has led to the
Information
discontinuance of Calf Riding at NZRCA
sanctioned rodeo events. The event is now known
as “junior steer riding”; and
Official
(g)
NAWAC understands, NZRCA is, on the advice of
RAWC, considering initiating a drug testing regime
to screen for the use of pain relief in competitors’
the
horses in Barrel Racing; and
(h)
NAWAC provides the Minister with bi-annual
updates on Rodeos.
under
50.
In respect of paragraph 50:
50.1
Denies paragraph 50, and further says:
50.2
NAWAC was consulted about the proposed minor amendments and
reissue
of the 2018 Code as required under section 76(2) of the Act;
Released
and
50.2.1 NAWAC informed the Minister on 16 August 2018 that it
agreed the proposed amendments to a number of codes of
18
welfare, including the 2014 Code, were minor and technical in
nature, and that it supported the amendment and reissue of
all the codes; and
50.2.2 The 2018 Code contained amendments of a minor and
technical nature relating to formatting and to ensure
consistency with regulations, that were enacted by section
1982
76(1)(b); and
Act
50.2.3 The 2018 Code also contained consequential and minor
amendments to minimum standards 4 and 5 and the
definitions section at Appendix 1 to incorporate the Animal
Welfare (Care and Procedures) Regulations 2018
(
Regulations), which came into force on 1 October 2018,
that were enacted by Part 2 of Schedule 2 of the Regulations,
through section 183A(1)(b) of the Act; and
Information
50.2.4 NAWAC participated in the process for developing the
Regulations including placing its members on a Regulations
working group, providing comment on the policy intent of
regulatory proposals, and commenting on the draft
Official
regulations; and
50.2.5 The applicants and any affected party had an opportunity to
the be consulted and make submissions on the Regulations and
therefore to the amendments to the Code, because Part 2 of
Schedule 2 of the Regulations set out the consequential and
under
minor amendments that were to be made to the Code.
50.3
otherwise denies paragraph 50.
51.
Admits paragraph 51, repeats paragraph 50 above and further says:
51.1
There is no requirement for NAWAC to publicly notify a code of
Released
welfare or produce a report under s 74(2) where amendments to a code
are enacted by section 76(1)(b) or by regulation through section
183A(1)(b) of the Act; and
19
51.2
any procedural error made in issuing or reissuing the 2018 Code was a
minor defect or technical irregularity only that is not reviewable and
does not warrant any relief being granted to the applicants as there was
adequate consultation and notification in respect of the amendments
that were made to the 2018 Code due to the extensive public
notification and consultation that took place for the Regulations. 1982
52.
In respect of paragraph 52:
Act
52.1
admits that in a briefing paper dated 15 August 2018, the Ministry for
Primary Industries sought the Minister’s approval to reissue 17 Codes
of Welfare, including the 2018 Code;
52.2
admits paragraph 52(a), but says the correct reference to the extract
provided paper is paragraph 14 of the briefing paper, not paragraph 10;
52.3
admits paragraph 52(b) to the extent that the briefing paper says
Information
NAWAC had been consulted and recommended that the Minister
reissue the Codes; and further says:
52.3.1 NAWAC did not make a recommendation to the Minister
under section 74 of the Act to reissue the Codes;
Official
52.4
admits paragraph 52(c); and further says:
the
52.4.1 the Ministry for Primary Industries briefed the Minister on
the NZALA Report and NAWAC’s Report in a briefing paper
dated 19 June 2018;
under
52.5
admits paragraph 52(d); and
52.6
relies on the 15 August 2018 briefing paper as if set out in full;
52.7
otherwise denies paragraph 52.
53.
In respect of paragraph 53:
Released 53.1 admits that in October 2018, the 2014 Code was revoked under section
76(1)(a) and the Minister issued under section 75 the Code of Welfare:
Rodeo 2018 (2018 Code);
20
53.2
repeats paragraphs 50 and 51 above; and
53.3
otherwise denies paragraph 53.
54.
Admits paragraph 54.
55.
In respect of paragraph 55:
1982
55.1
admits the 2018 Code was amended under s 76, with effect from 9 May
2021; and
Act
55.2
admits paragraph 55(a); and
55.3
admits that a new chapter 7.1 Significant Surgical Procedures was
introduced; but otherwise denies paragraph 55(b); and
55.4
denies paragraph 55(c); and
55.5
admits paragraph 55(d); and
Information
55.6
admits paragraph 5(e); and
56.
Denies paragraph 56.
Official
STATUTORY POWERS OF DECISION
57.
Admits paragraph 57.
the
58.
Admits paragraph 58.
GROUNDS OF REVIEW
under
First Ground of Review
59.
Denies paragraph 59.
60.
Denies paragraph 60.
61.
Denies paragraph 61.
Released 62. Denies paragraph 62.
63.
Apprehends that it is not required to plead to paragraph 59, but if required to
plead denies paragraph 63.
21
64.
Apprehends that paragraph 64 contains matters of law to which it is not required
to plead, but if required to plead denies paragraph 64.
Second Ground of Review
65.
Denies paragraph 65 and repeats paragraphs 50 and 51 above.
66.
Denies paragraph 66.
1982
67.
Apprehends that it is not required to plead to paragraph 67, but if required to
Act
plead denies paragraph 67.
68.
Denies paragraph 68.
Third Ground of Review
69.
Apprehends that paragraph 69 contains matters of law and/or legal submission
to which it is not required to plead, but if required to plead denies paragraph 69.
Information
70.
Apprehends that paragraph 70 contains matters of law and particulars to which
it is not required to plead, but if required to plead denies paragraph 70.
71.
Apprehends that it is not required to plead to paragraph 71, but if required to
Official
plead denies paragraph 71.
Relief
the
72.
The second respondent denies the applicants are entitled to the relief sought at
paragraph 72.
under
This document is filed by Michel e Stapleton, solicitor for the second respondent, of
Wakefields Lawyers Ltd.
The address for service of the second respondent is Wakefields Lawyers Ltd, Level 2,
Zephyr House, 82 Willis Street, Wellington 6011. Documents for service on the second
respondent may be left at this address for service or may be:
Released (a) posted to the solicitor at PO Box 8091, Wellington 6140; or
(b)
emailed to the solicitor at michel [email address] provided the documents
are also emailed to [email address]
22
Initial Disclosure Documents
No.
Date
Description
1
Undated
Letter from Minister of Agriculture to NAWAC
2
25/05/2012
NAWAC invitation Rodeo Code
1982
3
05/09/2013
Letter from NAWAC to Minister for Primary Industries
4
2013
2014 Code Report
Act
5
2014
Code of Welfare Rodeos
6
2017
Scientific article
7
2018
Code of Welfare Rodeos
8
14/02/2018
Minutes
Information
9
15/02/2018
Letter from NAWAC to Assoc Minister of Agriculture
10
01/03/2018
Press Release
11
31/05/2018
Letter from NAWAC to Assoc Minister of Agriculture
Official
12
16/08/2018
Letter from NAWAC to Assoc Minister of Agriculture
the
13
15/04/2019
Letter from NAWAC to Minister of Agriculture
14
19/09/2019
Letter from NAWAC to Minister of Agriculture
under
15
05/08/2020
Letter from NAWAC to Minister of Agriculture
16
05/08/2021
Letter from NAWAC to Assoc Minister of Agriculture
17
May 2018
Rodeo Events – How do they impact on the sentient
animal?
18
2018
Summary and Analysis of Data from NZRCA for
Released
2017/2018 rodeo season
19
September 2021 Rodeo Code Review Subcommittee Minutes
23
20
October 2021
Rodeo Code Review Subcommittee Minutes
21
March 2013
Rodeo Code Review Subcommittee Minutes
22
May 2018
NAWAC General Meeting Minutes
23
August 2018
NAWAC General Meeting Minutes
1982
24
2017/2018
Veterinary report statistics
Act
25
2016/2017
Veterinary report statistics
26
12/2021
NAWAC Guideline #15
27
15 August 2018 NAWAC Memorandum 59/18
Information
Official
the
under
Released
1982
Act
Information
Official
the
under
Released
Step 1. Write down your details
RNZ
Media organisation
Responsible person
Name Soumya Bhamidipati
1982
Business address
Radio New Zealand House, Level 2, 155 The Terrace, Wellington, 6011
Act
Postal address, if different from business address
[email address]
Email
(9)(2)(a)
04 474 1758
Contact phone numbers
business
mobile
Information
Official
the
under
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MOJ0148.1-OCT19_APPLICATION FOR IN-COURT MEDIA COVERAGE
2
Step 2. Write down what you want to record
NZALA, SAFE v Agriculture Minister, National Animal Welfare Advisory Committee
Case name
Case number (if known)
11 and 12 July 2022
Scheduled start date
Wellington High Court
Court (such as Wellington District Court)
1982
We want to cover:
✔ the trial
Act
✔ sentencing (if the defendant is convicted)
✔ the appeal
other (please give details)
Any other related hearings
11 and 12 July 2022
Information
Expected dates of coverage
We ask permission to:
✔ film
✔ take photos
✔ record sound
Official
Conditions
the
The following conditions of coverage should apply:
✔ standard conditions
standard conditions as modified (please specify)
under
Released
MOJ0148.1-OCT19_APPLICATION FOR IN-COURT MEDIA COVERAGE
3
Step 3. Where may the recordings or photos
be used?
Name of the tv or radio programmes on which the recordings or photos may be used:
Morning Report, Midday, hourly bulletins, Checkpoint, First Up
1982
Name of the publications in which the photos may be used:
Act
Name and address (url) of the website on which the recordings or photos may be used:
RNZ website - rnz.co.nz
Write down the details of any syndication arrangements:
Please see next page(s) for a list of RNZ's syndication partners
Information
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the
under
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MOJ0148.1-OCT19_APPLICATION FOR IN-COURT MEDIA COVERAGE
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Step 4. Sign and date the form and send it in
This form should be sent in at least 10 working days (or 3 working days in the District Court)
before you want access, unless it is for a first appearance on a criminal matter
This application has been sent in at least 10 working days in advance (or 3 working days in the District Court)
✔ This application has
not been sent in 10 working days in advance (or 3 working days in the District Court)
because:
1982
Apologies, RNZ has just realised this case was being heard on this date.
Act
Although this application has
not been sent in 10 working days in advance (or 3 working days in the District
Court), it should be approved because:
This case is in the public interest and we intend to report on the outcome of the
hearing. It is in the interests of the general public for people to have access to
information about the judicial process and for justice to be seen to be done.
Information
✔ (Please tick) Our organisation and our staff have been trained in our obligations under the
In-court media coverage guidelines and will abide by them.
Official
(9)(2)(a)
the
Responsible person’s signature
Date
(If you’re emailing this form, you will need to print out the page, sign it and then scan it.)
Send in this form
under
This form should be sent in at least 10 working days before you want access to the court (or 3 working days in
the District Court). You can email, post or hand it in to the court where you want to record or take photos.
Contact details for courts are on our website at justice.govt.nz/contact-us/find-us
What happens next?
A judge at the relevant court will review your application and decide if your request will be approved and if any
Released
conditions will be applied. You will be contacted as soon as possible with their decision.
MOJ0148.1-OCT19_APPLICATION FOR IN-COURT MEDIA COVERAGE
5
1982
Act
Information
Official
the
under
Released
1982
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Information
Official
the
under
Released
Step 1
Write down your details
Media organisation TELEVISION NEW ZEALAND
Responsible person
Name JESSICA SWAN
1982
Business address
LEVEL 5, 86 LAMBTON QUAY, WELLINGTON
Act
Postal address, if different from business address
Email [email address]
Contact phone numbers
business 04 914 5095
mobile
Information
Official
the
under
Released
MOJ0148.1-APR18_APPLICATION FOR IN-COURT MEDIA COVERAGE
2
1982
Act
Information
Official
the
under
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Step 3
Where may the recordings or photos be used?
Name of the tv or radio programmes on which the recordings or photos may be used:
ALL TVNZ PROGRAMMING incl BREAKFAST, MIDDAY, 1NEWS AT 6, 1NEWS
TONIGHT, SUNDAY, KE KARERE, SEVEN SHARP, ONLINE & SOCIAL MEDIA
Name of the publications in which the photos may be used:
1982
Act
Name and address (url) of the website on which the recordings or photos may be used:
1NEWS.CO.NZ, STUFF.CO.NZ
Write down the details of any syndication arrangements:
FAIRFAX MEDIA
Information
Official
the
under
Released
MOJ0148.1-APR18_APPLICATION FOR IN-COURT MEDIA COVERAGE
4
1982
Act
Information
Official
the
under
Released
1982
Act
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Official
the
under
Released
