Image Guardianz Animal Law PUBLIC ATTITUDES and EMERGING ISSUES Contact Us Image Animal Welfare and Food Safety FROM THE PADDOCK TO THE PLATE Contact Us Image Guardianz Animal Law ANIMAL PRODUCTS and FOOD SAFETY Contact Us Image Guardianz Animal Law WELFARE LAW OF ANIMALS ON LAND AND IN WATER Contact Us Guardianz Animal Law is a dedicated animal law practice Guardianz Animal applies a pro-active approach to practising law which specialises in matters which involve animals or animal products. There is an extensive and varied list of uses, interests and agendas which involve animals and Guardianz Animal Law assists with an equally varied number of animal-related criminal, civil, commercial, litigation, and legal reform issues. Examples of animal-related areas of law that we specialise in include: Animal welfare Animal productsAnimal servicesAnimal controlAgricultural Compounds and Veterinary MedicinesAquacultureBiosecurity issues involving animals and animal diseases Dog controlFisheries issuesFood safety associated with animals and animal productsSale and purchase of an animalUses of animals in agriculture, sports, entertainment, research, companion animals, and conservation. If it involves an animal then Guardianz Animal Law is uniquely qualified to assist clients and lawyers by providing pragmatic solution orientated legal options. CONTACT US "How do you navigate a minefield? One way is to cover your ears, close your eyes, then step forward hoping for the best. Alternatively, get a specialist to show you where the landmines are.” Criminal, civil and commercial animal law. Law governing the uses and care of animals is complex reflecting the money, opinions and vested interest in animals. Failing to comply with the law, the social license, and the wider expectations of related stakeholders, can result in a package of costly consequences including prosecution, loss of profits, and far-reaching criticism collectively referred to by Guardianz Animal Law as "landmines". The good news for clients of Guardianz Animal Law is that we have real-world, hands-on experience and insights that guide clients and lawyers so that they avoid those legal landmines. Clients of Guardianz Animal Law have access to lawyers and the wider networks of Guardianz Animal Law experts who know animals, regularly work alongside those in businesses that involve animals, and are very familiar with the stakeholders and big picture issues that inform decisions and judgments involving animals, animal products, practices, and policies. If you are a person or organisation that has care, supervision or control of an animal, then you're already on the minefield. Guardianz Animal Law is uniquely qualified to walk you safely through it. Animal Law "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 animalBiosecurity issues that involve an animalIssues of food safety involving animals and animal products such as meat, dairy products, and honeyThe full range of societal uses of animals in activities such as animal food production, companionship, research, entertainment and wildlifeMultiple 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 relevantAny 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 mattersCompliance and criminal law issuesAnimal law in commercial activitiesCivil disputes involving animalsEducationAdvocacy CONTACT US Animal Welfare 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 1999Review of existing policies and proposed strategies to facilitate compliance with animal laws, regulations and wider legal instrumentsCollaborative 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 lawsObjections, appeals and reviews of local and central government decisionsAssistance with compensation claimsDrafting of submissions associated with public consultations, enquiries and proposed reforms. CONTACT US Biosecurity involving animals and animal products 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 1999Investigation 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 productsInvestigation or prosecution under Wild Animal Control Act 1977 Risk management and compliance processes and contracts. CONTACT US Fisheries: Animal welfare in the water 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 managementAdvice and direction in respect of commercial and civil issues involving fish welfare and associated fisheries mattersInsightful and informed expertise on trends, reforms and fishing industry shifts relevant to the subject of fish welfare. CONTACT US Food Safety: Animals and animal products in the farm to fork process 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 1999Advice and direction in respect of commercial, defence and civil issues involving food safety mattersProactive input to preventative compliance and risk management programs CONTACT US Animal services, contracts and control 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 damagesIssues 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 petReview 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 animalCircumstances 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 animalsAnimal 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 FreedomsAssessing 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. CONTACT US If there's an animal involved, there's a law involved. Guardianz Animal Law is uniquely qualified to help.