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Farmed Animal Welfare Law in New Zealand

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Farmed Animal Welfare Law in New Zealand FARMED ANIMAL WELFARE LAW IN NEW ZEALAND: INVESTIGATING THE GAP BETWEEN THE ANIMAL WELFARE ACT 1999 AND ITS DELEGATED LEGISLATION FEBRUARY 2021 A REPORT PREPARED WITH THE SUPPORT OF THE NEW ZEALAND LAW FOUNDATION AND LUSH NZALA.ORG This report has been written and compiled by Kari Schmidt (Solicitor, Gallaway Cook Allan) Danielle Duffield (Associate, Joseph Hage Aaronson) Marcelo Rodriguez Ferrere (Faculty of Law, University of Otago) Professor Andrew Knight (New Zealand Veterinary Specialist in Animal Welfare, Griffith University and University of Winchester) Research for this report was funded by the New Zealand Law Foundation Published with the assistance of Lush, a cosmetics company that supports projects focussed on animal welfare All photos in this report are from New Zealand except where stock images have been used which may be from overseas. Photos which display are stock images. These photos should not be reproduced in any capacity without the express permission of the photographers, which may be requested by contacting NZALA. CONTENTS Foreword 9 Acknowledgments 11 Executive Summary 12 Chapter 1 - Introduction 21 1.1 Overview 21 1.2 Context 24 1.2.1 New Zealand’s Trading Reputation 26 1.2.2 The Importance of Animal Welfare to New Zealanders 28 1.2.3 Limitations of ‘Free Range’ and Quality Assurance Schemes 30 1.2.4 Farmers’ Awareness of the Codes of Welfare and Regulations 31 1.3 Methodology 34 1.4 Scope and Limitations 38 1.5 Bias 42 Chapter 2 - The Legal Regime 44 2.1 Introduction 44 2.2 The Animal Welfare Act 1999 45 2.3 The Animal Welfare Amendment Act (No. 2) 2015 47 2.4 Codes of Welfare 49 2.4.1 Good Practice and Scientific Knowledge 50 2.4.2 Structure of the Codes of Welfare 53 2.4.3 When the Codes of Welfare and Regulations Fail 54 2.4.4 Taking Into Account ‘Economics’ and Practicality’ 57 2.4.5 Taking Into Account Opportunities for Behavioural Enrichment 57 2.5 The Role of the Ministry for Primary Industries 58 2.6 The Role of the National Animal Welfare Advisory Committee 60 2.6.1 The National Animal Welfare Advisory Committee’s Interpretation of the Act 61 2.6.2 The National Animal Welfare Advisory Committee’s Methodology 63 2.6.3 Inconsistency Between the Codes of Welfare 64 2.7 Public Consultation and Participation 65 2.8 Conclusion 67 Chapter 3 - Collaboration and Consultation with Industry 69 3.1 Overview 69 3.2 Industry-Led Measures 70 3.3 Other Perspectives 75 3.4 Providing an Independent Perspective 76 FARMED ANIMAL WELFARE LAW IN NEW ZEALAND | 3 Chapter 4 - Code of Welfare (Dairy Cattle) 2019 79 4.1 Overview 79 4.2 Shelter 81 4.2.1 Extreme Weather Events 84 4.3 Winter Grazing 85 4.4 Off-Paddock Facilities 87 4.4.1 Delays in Implementation of Minimum Standards Providing Guidance in Relation to Off-Paddock Facilities 87 4.4.2 Differences Between the Code of Welfare (Dairy Cattle) 2019 and Code of Welfare (Dairy Cattle) 2018 88 4.4.3 Concerns Regarding the Use of Off-Paddock Facilities 88 4.4.4 Proposal to Include Mandatory Requirements for Access to the Outdoors in Off-Paddock Systems 92 4.4.5 Off-Paddock Facilities and the Provision of Shelter 93 4.5 Maximum Stocking Densities 94 4.6 Ventilation 96 4.7 Other Behavioural Needs 97 4.7.1 Lying 97 4.7.2 Play 98 4.7.4 Maternal Behaviours 99 4.7.5 Food 100 4.8 Mixing of Dairy Cattle 101 4.9 Restraint 101 4.10 Use of Electric Prodders and Goads 102 4.11 Drying Off 103 4.12 Calving in Dairy Cattle 104 4.12.1 Induction 104 4.13 Lameness 105 4.14 Other Health Issues 106 4.14.1 Metabolic Disease, Mastitis and Johne’s Disease 106 4.14.2 Broken Shoulders 107 4.15 Elective Husbandry Procedures 108 4.15.1 Castration 108 4.15.2 Ear Tagging, Freeze Branding and Hot Branding 109 4.16 Selective Breeding 110 4.17 Bobby Calves 111 4 | NEW ZEALAND ANIMAL LAW ASSOCIATION Chapter 5 - Code of Welfare (Pigs) 2018 113 5.1 Overview 113 5.2 Farrowing Crates: Overview and Recent High Court Decision 115 5.2.1 Recent High Court Decision in The New Zealand Animal Law Association v The Attorney General [2020] NZHC 3009 116 5.2.2 Welfare Impact of Using Farrowing Crates 119 5.2.3 National Animal Weflare Advisory Committee’s Views on Farrowing Crates 121 5.2.4 Alternatives to Farrowing Crates 122 5.2.5 Provision of Nesting Material in Farrowing Crates 126 5.3 Sow Stalls 129 5.3.1 Recent High Court Decision in The New Zealand Animal Law Association v The Attorney General [2020] NZHC 3009 130 5.4 Space 131 5.5 Shelter 135 5.6 Behavioural Needs 136 5.7 Weaning 140 5.8 Elective Husbandry Procedures 141 5.8.1 Tail Docking 141 5.8.2 Clipping and Grinding Teeth 141 5.8.3 Use of Nose Rings and Clips 142 5.8.4 Identification Procedures 143 5.8.5 Tusk Trimming 143 5.8.6 Castration 143 5.9 Use of Electric Prodders and Goads 144 5.10 Ventilation 145 5.11 Lighting 146 5.12 Mixing of Pigs 147 5.13 Genetic Selection 148 FARMED ANIMAL WELFARE LAW IN NEW ZEALAND | 5 Chapter 6 - Code of Welfare (Meat Chickens) 2018 151 6.1 Overview 151 6.2 Selective Breeding and High Growth Rates 154 6.3 Stocking Density 159 6.4 Behavioural Needs 164 6.5 Access to the Outdoors 166 6.6 Temperature and Ventilation 169 6.6.1 Contingency Planning 169 6.6.2 Other Issues Associated with Temperature and Ventilation 171 6.7 Catching 173 6.8 Lighting 174 6.8.1 Insufficient Hours of Continuous Darkness in a 24 Hour Period 174 6.8.2 Lux 176 6.9 Litter Management 177 6.10 Lack of a Code of Welfare for Meat Chicken Breeder Birds 179 6.11 Mortality 180 Chapter 7 - Code of Welfare (Layer Hens) 2018 182 7.1 Overview 182 7.2 Housing Systems 184 7.3 Conventional (Battery) Cages 184 7.4 Colony Cages 186 7.4.1 Artificial Enhancements in the Colony Cage 188 7.4.1.1 Secluded Nesting Areas 188 7.4.1.2 Perches 188 7.4.1.3 Dust Bathing and Foraging 189 7.4.2 The National Animal Welfare Advisory Committee’s Justification for the Use of Colony Cages 190 7.4.3 Alternatives to Colony Cages 192 7.4.4 The National Animal Welfare Advisory Committee’s Consideration of Public Opinion on Colony Cages 193 7.5 Stocking Densities 194 7.6 Behavioural Needs 197 7.6.1 Access to Environmental Enrichment 198 7.6.2 Access to the Outdoors 198 7.6.3 “Essential” and “Non-essential” Behaviours 199 7.7 Shade and Shelter 201 7.8 Ventilation 202 7.9 Lighting 203 7.10 Catching 205 7.11 Beak Trimming 206 7.12 Live Gassing and Maceration of Male Chicks 207 7.13 Selective Breeding 208 6 | NEW ZEALAND ANIMAL LAW ASSOCIATION Chapter 8 - A Code of Welfare for Farmed Fish 211 8.1 Overview 211 8.2 Fish Sentience 213 8.3 Welfare Issues for Farmed Fish 216 8.3.1 Handling 216 8.3.2 Stocking Density 217 8.3.3 Holding Facilities 219 8.3.4 Bone Deformities 220 8.3.5 Vaccinations and Veterinary Medicines 221 8.3.6 Food 221 8.3.7 Water Quality 223 8.3.8 Lighting 224 8.4 Development of a Code of Welfare for Farmed Fish 225 8.5 Inhumane Methods of Slaughter 227 8.5.1 Farmed Finfish and Wild-Caught Fish Held For Killing At a Later Time 227 8.5.2 Wild Fish Caught for Imminent Destruction 228 Chapter 9 - Recommendations for Reform 232 9.1 Introduction 232 9.2 Codes of Welfare and Regulations 234 9.2.1 A Comprehensive Review of the Codes of Welfare and Regulations Is Needed 234 9.2.3 Development of a Code of Welfare for Farmed Fish and Amendments to the Code of Welfare (Slaughter) 2018 235 9.2.4 Recommendations For Implementation at the Farm Gate 235 9.2.5 Regular Review of the Codes of Welfare 236 9.3 Amendments to the Animal Welfare Act 1999 237 9.4 Improvements to the National Animal Welfare Advisory Committee’s Processes 239 9.4.1 Independent Oversight of the National Animal Welfare Advisory Committee’s 240 9.4.2 Establishment of an Independent Committee for Animal Welfare or Independent Commissioner for Animal Welfare 241 9.4.3 Increase in Funding for Development of Animal Welfare Law and Policy 243 9.5 A Public or Government Inquiry 244 9.6 Other Recommendations 244 9.6.1 Subsidies 244 9.6.2 Collaboration Between Industry, the National Animal Welfare Advisory Committee and Advocacy Organisations 245 Reference List 247 FARMED ANIMAL WELFARE LAW IN NEW ZEALAND | 7 FOREWORD Kia ora koutou, The High Court’s recent decision in New Zealand Animal Law Association v The Attorney-General [2020] NZHC 3009 marks the first judicial examination of the legality of subordinate legislation under theAnimal Welfare Act 1999. Concerns about inconsistencies between the Codes and their empowering Act have been raised by scholars and commentators since the Act’s early days. Gaps between the Act and its Codes became more discernible after the Act was amended in 2015. That amendment also improved the legislative vehicle for dealing with inconsistencies.
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