The Animal Welfare Act

• MPI receives and acts upon concerns involving sheep, pigs, cattle and other large animals, as well as emus, ostriches, and hens and chickens outside urban areas.
• SPCA receives and acts upon concerns involving small companion animals, most birds, hens and chickens in urban areas, and cases of cruelty to pets.

Enforcement options available to both MPI and SPCA include:  

• Education  

• Warnings  

• Enforcement orders  

• Infringement notices  

• Prosecution 

Sentience means animals can experience emotions, feelings, perceptions, and sensations that matter to them — from negative states like pain or boredom to positive ones such as pleasure or comfort.

The Five Freedoms is an internationally recognised framework defining the core conditions animals need to experience good welfare.

The Five Freedoms of animal welfare are:  

1. Freedom from hunger and thirst
   Access to fresh water and a diet that maintains full health
2. Freedom from discomfort
   An appropriate environment, including shelter and a comfortable resting area
3. Freedom from pain, injury, and disease
   Prevention or rapid diagnosis and treatment
4. Freedom to express normal behaviour
   Sufficient space, suitable facilities, and the company of animals of their own kind
5. Freedom from fear and distress
   Conditions and treatment that avoid mental suffering

The Animal Welfare Act itself does not provide detailed requirements, instead these are outlined in supporting codes and regulations:  

Codes of welfare

Developed by the National Animal Welfare Advisory Committee (NAWAC), codes of welfare set minimum standards and recommended best practice. They provide guidance on how to comply with the Animal Welfare Act, and failure to meet a minimum standard in a code may be used as evidence to support a prosecution.

Regulations

The Animal Welfare (Care and Procedures) Regulations 2018 are developed by MPI and enable enforcement of low to medium level animal welfare offending. They also specify who may perform certain surgical procedures and how these procedures must be carried out. Most regulations carry an associated penalty.

• Two committees – the National Animal Welfare Advisory Committee (NAWAC) and the National Animal Ethics Advisory Committee (NAEAC) – were established to advise the government on animal welfare. However both bodies are purely advisory, and ministers are under no obligation to adopt or act on their recommendations.

• NAWAC develops codes of welfare that outline minimum standards and best‑practice guidance for different species and activities. Yet loopholes and ambiguities within these codes can allow practices that undermine the intent and principles of the Animal Welfare Act.

• Enforcement capacity is also severely limited. MPI and the SPCA lack the resources needed to monitor animal welfare nationwide, leading to highly selective enforcement. MPI, for example, has 43 animal welfare inspectors responsible for overseeing the welfare of more than 160 million farmed animals.

• As a result, prosecutions for animal welfare offences are rare. With both MPI and SPCA operating under significant resource constraints, only the most extreme cases typically progress to legal action.

• Government funding allocated to animal welfare is minimal. Enforcement therefore frequently relies on public reporting and the work of charities to hold people accountable for cruelty and neglect.

• Animal welfare currently sits within the Minister of Agriculture’s portfolio. The Minister’s core role is to ‘support the New Zealand food and fibre sector to be productive and prosperous’ and ‘advance New Zealand’s agriculture and export opportunities’. This creates an inherent conflict between promoting agricultural production and safeguarding the animals used within those systems.

• The current Associate Minister for Agriculture with oversight of animal welfare is ACT MP Andrew Hoggard – a lifelong dairy farmer, former president of Federated Farmers and board member of the International Dairy Federation. Minister Hoggard is not an animal welfare expert, and his track record shows a clear bias toward industry rather than the welfare of animals (notable examples include his decision to reinstate the ban on live animal exports by sea, ignoring a High Court ruling to ban farrowing crates, and his outspoken support for rodeo).. In November 2025 SAFE laid a formal complaint against Minister Hoggard and called for the animal welfare portfolio to be reassigned. You can find out more here.

• MPI, which ‘operates across the whole supply chain of primary production’ is also charged with administering the Animal Welfare Act. This dual role means that the same agency responsible for promoting agricultural industries is also tasked with regulating them – a structural conflict that enables industry interests to shape animal‑welfare policy.

• Animal‑entertainment industries such as horse and greyhound racing largely self‑regulate, with minimal external oversight. MPI and the SPCA have limited jurisdiction over these sectors, leaving the welfare of racing animals largely in the hands of the industries themselves.

• The two advisory bodies created under the Act – the National Animal Welfare Advisory Committee (NAWAC) and the National Animal Ethics Advisory Committee (NAEAC) – are not fully independent. NAWAC, in particular, is heavily populated by farmers, veterinarians, and individuals involved in animal‑use industries rather than experts in animal ethics, welfare science, law, or policy.

• NAWAC is also not held accountable for delays in its work programme or in the development and updating of codes of welfare. As a result, outdated or incomplete codes remain in place for years, leaving many animals vulnerable to ongoing exploitation and neglect.

If you suspect a breach of the Animal Welfare Act or its minimum standards within the codes of welfare, you can report the matter through the following channels:

• For farmed animals
  Report the issue to MPI by calling 0800 00 83 33 or by submitting a report through MPI’s online complaint form

• For companion animals
  Contact your local SPCA centre for assistance and to report concerns