Proposed regulations on prolonged tethering of dogs and subgingival dental procedures in dogs and cats

What currently exists to address this behaviour?

The Animal Welfare Act 1999 (the Act), is the principal legislation on animal welfare in New Zealand. It requires owners and people responsible for animals to ensure that the animals' physical, health, and behavioural needs are met, and that appropriate treatment is provided for any ill or injured animals under their care. Information on how people can meet the requirements of the Act are contained in the codes of welfare.

The code of welfare for dogs sets minimum standards and recommended best practices for the care and management of dogs. There are minimum standards in the code of welfare for dogs relating to containment, tethering and exercise. Dogs must not be contained or tethered in a way that causes them injury or distress. They must also receive sufficient daily exercise to maintain their health and wellbeing. Minimum standards in codes of welfare are not directly enforceable, but can be used as evidence to support a prosecution for an offence under the Act.

Regulations under the Act, which are directly enforceable, set out detailed rules and penalties for specific circumstances. They also provide that a person can be issued with an infringement if they:

1. collar or tether a dog in a way that causes injuries or prevents the dog from breathing normally, panting or drinking, or
2. fail to provide a dog with dry, shaded shelter and access to water (except where the dog is temporarily tethered or confined).

Would new regulations allow penalties to be handed to owners who permanently tether or confine their dogs?

Minimum standards in the code of welfare can currently be used to support a prosecution for an offence under the Animal Welfare Act. For example, that could happen if a dog was contained or tethered in a way where they were injured or in distress.

Regulations are directly enforceable and set out detailed rules and penalties for specific circumstances and would allow penalties to be handed to owners who permanently tether their dogs.

MPI has worked with SPCA and other relevant stakeholders to develop the draft regulations, which are aimed at achieving the desired outcomes.

What are the likely penalties under the proposed regulations?

A range of penalties are proposed for the 6 proposed regulations:

• No prolonged tethering to the point of distress: prosecutable regulatory offence – up to $5,000 for an individual.
• Time off tether: infringement offence $500.
• No tethering to a fixed stationary point: infringement offence $500.
• Categories of dog must not be tethered: infringement offence $300.
• No tethering of dogs with certain physical signs: infringement offence $500.
• Run line with requirements: infringement offence $300.

What about dogs that are kept in cages?

MPI understands the need to address the issue of dogs that are kept in cages for prolonged periods. However, this issue is likely to need more deliberation with stakeholders, as this issue will involve dog breeders. Because of this, once the proposed regulations on prolonged tethering are complete, we will begin work on the best possible approaches to prolonged confinement of dogs in cages.

What are the next steps?

After public consultation, we will finalise the proposed regulations, taking into account the input received during public consultation. The Associate Minister of Agriculture (Animal Welfare), will present the finalised proposals to Cabinet for their approval, after which the regulations will be drafted and put into force.  

What is the issue?

Currently, subgingival dental procedures in dogs and cats are likely to be significant surgical procedures. Because of this, only veterinarians can carry them out. This means that animals with more serious welfare concerns must wait longer than necessary for veterinary attention. Veterinarians have requested a regulation allowing them to delegate subgingival dental procedures to veterinary nurses.

What is being done to address this issue?

MPI has been working with relevant veterinary and veterinary nurse stakeholders on a draft regulation to address this issue. 

What are the next steps?

After public consultation, MPI will finalise the proposed regulations, taking into account the input received during public consultation. The Associate Minister of Agriculture (Animal Welfare), will present the finalised proposals to Cabinet for their approval, after which the regulations will be drafted and put into force.