"Animal law" broadly refers to any legal problem involving animals. It is a diverse area of practice and involves, for example:

• All regulatory standards of care and treatment involving an animal
• Biosecurity issues that involve an animal
• Issues of food safety involving animals and animal products such as meat, dairy products, and honey
• The full range of societal uses of animals in activities such as animal food production, companionship, research, entertainment and wildlife
• Multiple legal instruments relevant to the care, treatment, control, exchange and possession of animals including, for example, sales and purchases of animals, matrimonial splits considering who gets the family pet, and Wills and Trusts where the welfare of the animal is relevant
• Any criminal, civil or commercial activity involving an animal or animal products.

Animal law is important for a large number of reasons which include the fact that animals are involved in so many big-ticket items like the trade and the economy, environmental issues like water pollution from dairy run-offs and methane gas emission, and consumer expectations attaching to industry's "social license".

The list of animal interests, activities and uses is much longer than this, but in one way or another, Guardianz Animal Law has been involved in almost all of them.

A complex web of legislation faces anyone doing business or facing prosecution, in the area of animal law in New Zealand. The common starting point for "animal law" issues involves primary animal welfare legislation. But there's a broad net of potential liability associated with animal law that involves a vast number of additional pieces of primary legislation, regulation, codes, programmes and plans which are as varied as the number of animal species, animal uses and human interests involving animals. The Animal Welfare Act, Resource Management Act, Conservation Act, Animal Products Act, Biosecurity Act, and Food Safety Act are just a few of the many examples of primary legislation relevant to criminal law and New Zealand animals. They universally impact what, how and where animal activities can be carried out. In turn, that connects to a plethora of plans, policy statements and strategies, issued by local authorities and central government.

Central government proposals involving land care, waterways, political responses to animal husbandry practices, the shifting requirements of international trade markets, and issues relating to sustainability, biodiversity and environmental impacts of animal production tend to increase, rather than decrease, the level of complexity and uncertainty in animal-related laws.

The complexity of animal primary and secondary legislation and the broad powers of government to apply penalties, seize animals and wider assets, close businesses, ban industries and remove an individual's freedoms mean that properly dealing with animal-related welfare, biosecurity and food safety issues requires a high level of skill and understanding of the animals, the people and stakeholder relationships.

Sometimes we get approached about activities involving animals that are unusual and even a little bit of a surprise to us. For example, we've provided specialist input regarding the use of animals in defence programs, sting operations by enforcement, and the use of animals in bioterrorism. The point is, whatever the animal-related issue, Guardianz Animal Law is uniquely placed to help you with specialised insights, experience and resources covering:

• Representation on animal law matters
• Compliance and criminal law issues
• Animal law in commercial activities
• Civil disputes involving animals
• Education
• Advocacy

Animal welfare means there is an obligation on people and organisations who have animals in their care, supervision or control, to protect their animals from actual, and likely, suffering. The first part of that obligation demands a clear insight as to what constitutes suffering.

In this complex legal environment with a shifting benchmark of "animal welfare" informants, Guardianz Animal Law is uniquely placed to provide essential specialist advice and support to industry incumbents and prospective new entrants. Primary legislation, regulations, and codes are just the entry point to animal welfare compliance requirements that are frequently linked to other pieces of legislation and local/national authority plans and policies.

In particular Guardianz Animal Law can provide specialist advice regarding:

• Investigations or prosecutions under the Animal Welfare Act 1999
• Review of existing policies and proposed strategies to facilitate compliance with animal laws, regulations and wider legal instruments
• Collaborative networks of experts and support services with expertise in the vast array of animal uses, transactions and interactions which are all underpinned by one or more animal-related laws
• Objections, appeals and reviews of local and central government decisions
• Assistance with compensation claims
• Drafting of submissions associated with public consultations, enquiries and proposed reforms.

New Zealand's biosecurity system is designed to manage risks from harmful organisms, like pests and diseases, in order to protect New Zealand's economy, environment, human health, and a range of social and cultural values. Animals are a key component of many biosecurity issues where they may be, for example, legally classified as pests, or for their role as a vector of disease.

The Biosecurity Act 1993 is the primary piece of legislation governing this area of animal-related activity but understanding gaps, conflicts and vagaries inherent in the Act are important not simply to the functioning of the Act but also in defences to any alleged offending and disproportionate use of the deterrence principle by enforcement.

Like other pieces of animal-related legislation, the Biosecurity Act is closely associated with other government Acts, secondary legislation and inspector's powers including, for example, The National Animal Identification and Tracing Act 2012 (NAIT), the Hazardous Substances and New Organisms Act 1996, and the Wild Animal Control Act 1977.

Guardianz Animal Law provides specialist services in the areas of:

• Investigation or prosecution under Biosecurity Act 1993 involving animals or animal products
• Investigation or prosecution under Animal Products Act 1999
• Investigation or prosecution under The National Animal Identification and Tracing Act 2012 (NAIT)
• Investigation or prosecution under Hazardous Substances and New Organisms Act 1996 involving animals or animal products
• Investigation or prosecution under Wild Animal Control Act 1977
• Risk management and compliance processes and contracts.

Although stating what quickly becomes obvious upon reflection, animals don't occur just on land. Rivers, lakes and oceans contain animals that are the subject of very specific, highly regulated, law where enforcement operates heavily by application of the "deterrence" principle.

In addition to issues of fisheries quotas, fishing agreements, and associated criminal and civil litigation that has relevance to EEZ jurisdictions, the high seas and wider environmental and water quality issues, the subject of fish welfare is gaining increasing attention. For example, a 2019 study of 9,000 people showed 78% of people would also like to see evidence of fish welfare standards on fish packaging product labels.

The welfare of fish is where Guardianz Animal Law comes in. The strategic alliances of Guardianz Animal Law enable clients to be provided with skills and resources that address relevant fisheries issues. Concurrently, Guardianz Animal Law provides clients and colleagues with insights as to the latest science and emerging trends of fish welfare impacting the future of the fishing industry.

Guardianz Animal Law provides:

• Assistance in the event of clients being investigated or prosecuted under the Fisheries Act 1996 and other legislation relating to fisheries management
• Advice and direction in respect of commercial and civil issues involving fish welfare and associated fisheries matters
• Insightful and informed expertise on trends, reforms and fishing industry shifts relevant to the subject of fish welfare.

The introduction of standards by the International Standards Organisation (ISO) resulted in food and manufacturing industries across the world having to rapidly respond to meet the ISO requirements in regard to standards development and implementation.

• The shift to international operation standards had key regulatory bodies like New Zealand’s Ministry for Primary Industries (MPI) and Food Standards Australia and New Zealand (FSANZ) recognising gaps in areas such as risk management requirements, improper use of HACCP and inconsistencies amongst EHO's throughout NZ.
• The Food Act​ 2014 was meant to address the inconsistencies and bring food safety and OHS standards into the 21st century.
• However, as anyone with experience in the food industry knows, the mix of food industry legislation, regulations, policies, agreements and administrative burdens remains "complex".

Guardianz Animal Law provides:

• Specialist assistance and representation where companies are being investigated, or have been charged with alleged offences under the Food Act 2014 or other food safety regulatory requirements.
• Assistance where there is investigation or prosecution under Animal Products Act 1999
• Advice and direction in respect of commercial, defence and civil issues involving food safety matters
• Proactive input to preventative compliance and risk management programs

Because of the insights and understanding Guardianz Animal Law has of the wide range of animals and multiple uses of animals (e.g. in entertainment, sports, research, working animals, agriculture/production and companionship) Guardianz Animal Law has provided guidance in respect of a wide range of criminal, civil and commercial matters relating to an animal.

For example, Guardianz Animal Law provides input to CONTRACTS AND DISPUTES involving animals and their welfare, such as:

• Checking agreements involving a range of species that address issues such as ownership vs co-ownership, clear breeding rights, and distinguishing wish lists from reasonable contractually binding criteria. This includes sales and purchase agreements involving an animal. Whether the transaction involves a $5,000 dog or a $5,000,000 horse, the fact that the exchange involves an animal means that it is in the interests of the vendor and purchaser to have the sale and purchase agreement legally reviewed by someone who knows the practicalities associated with the animal and the animal industry.
• Assistance regarding the application of law to legal claims and criteria such as valuations, as they apply to issues such as compensation schemes and emotional damages
• Issues involving the control of animals across multiple species involving, for example, dog control through to wandering stock.
• Matrimonial splits applying legal elements of animal welfare to determinations about who gets the family pet
• Review of Wills and Trusts focusing on the animal-related portions of the documents because the welfare of "a dog" is different to the welfare considerations of "two dogs" who have been raised together which is different to the welfare considerations of a horse, or a parrot, or the goats, or other circumstances involving different species of animal
• Circumstances where an animal has been impounded or there has been injury or death of an animal

TESTIMONIAL: "My beloved dog was uplifted and impounded. We were left to feel lost and alone. After countless interviews, I am so thankful that family friends of ours referred us to Stuart Gloyn and animal law specialist Ian Robertson. It was so relieving to be able to not only talk to people that care but furthermore specialised in both the legal side of these matters as well as the animal welfare aspects. For the first time in the entire ordeal, someone had taken some time to talk with us as people and understand. Their meticulous strategy, diligent planning, and endeavour to really fight for us resulted in a far better result than any of us had expected - my dog was released from the pound and home in time for Christmas. I offer gratitude, admiration, and acknowledgement that there are good people in this world that will stick up for the little man. Stuart and Ian, along with their hard-working colleagues and associates are glowing exemplars of this. I could not recommend their services highly enough and thank them for the greatest Christmas present that we have ever received”. Ehara tōku toa i te toa takitahi. Ēngari, tōku toa he toa takitini. Timi Tapara , Tu Tonu

In addition to criminal, contractual and dispute resolution matters, Guardianz Animal Law also assists with a wide range of other CIVIL AND COMMERCIAL matters involving animals which include, for example:

• Quarantine and transport issues involving undue delay or issues associated with the release of animals
• Animal services assisting the providers or the animal's owners in matters involving veterinary care, transport, boarding, and the provision of other animal-related services like animal physio and behavioural training.
• Animal product issues where, for example, banning or regulating animal training products needs strong and clear advocacy skills to communicate concepts of animal welfare, stakeholder relationships and outcomes.
• Advising on the design of animal housing facilities that take into account not just the law, but also public expectations and contemporary science e.g. the Five Domains in contrast to the Five Freedoms
• Assessing welfare components in contrasting commercial and private uses of animals for entertainment, working animals, research, conservation, and as companions
• Advising charities, shelters and non-government organisations on legal responsibilities, vulnerabilities and potential liabilities.
• ... and more.

If there's an animal involved, there's a law involved.
Guardianz Animal Law is uniquely qualified to help.