Regulations 15A (Prolonged tethering of dogs) and 56F (Subgingival dental procedures on cats and dogs) were developed following this consultation. MPI has published the summary of submissions.
Summary of submissions [PDF, 360 KB]
The regulations are available on the New Zealand Legislation website:
The Ministry for Primary Industries (MPI) consulted on:
MPI sought public feedback on the proposed regulations, their likely impacts, and any other issues that may have informed the creation of these regulations.
On the prolonged tethering of dogs, MPI asked which of these regulations, or combinations of them, were preferred to address this issue. Note that this did not include the caging or temporary tethering of dogs.
On the proposed regulation on subgingival dental procedures in dogs and cats, this would have allowed non-veterinarians (such as veterinary nurses) with experience or training to perform these procedures. Prior to changes to the Animal Welfare Act 1999 in May 2021, veterinary nurses could perform this procedure.
Full details were in the consultation document and we also prepared answers to frequently asked questions
Code of Welfare: Dogs [PDF, 592 KB]
Animal Welfare (Care and Procedures) Regulations 2018
The prolonged tethering of dogs is a daily issue encountered by animal welfare inspectors, which causes significant welfare compromise and distress for dogs.
Dogs kept under these conditions can also be associated with nuisance behaviours such as excessive barking and an increased risk of aggression.
Current provisions under the Animal Welfare Act 1999, the Animal Welfare (Care and Procedures) Regulations 2018, and the Code of Welfare for Dogs did not directly address this issue.
MPI proposed regulations for dog owners who tether their dogs. The proposed regulations were:
Since May 2021, only veterinarians were able to carry out subgingival dental procedures.
After receiving feedback from the veterinary sector, MPI had noted that veterinary nurses were previously able to carry out these procedures. Allowing veterinary nurses to carry out these procedures would help to relieve pressure on veterinarians, enabling them to respond to more serious companion animal issues in a timely manner.
The purpose of the proposed regulation was to allow non-veterinarians who have received training or experience in the procedure, such as a veterinary nurse, to carry out subgingival dental procedures.
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 is 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:
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 worked with the SPCA and other relevant stakeholders to develop the draft regulations, which were aimed at achieving the desired outcomes.
A range of penalties were proposed for the 6 proposed regulations:
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.
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.
MPI worked with relevant veterinary and veterinary nurse stakeholders on a draft regulation to address this issue.
Note that all, part, or a summary of your submission may be published on this website. Most often this happens when we issue a document that reviews the submissions received.
People can also ask for copies of submissions under the Official Information Act 1982 (OIA). The OIA says we must make the content of submissions available unless we have good reason for withholding it. Those reasons are detailed in sections 6 and 9 of the OIA.
If you think there are grounds to withhold specific information from publication, make this clear in your submission or contact us. Reasons may include that it discloses commercially sensitive or personal information. However, any decision MPI makes to withhold details can be reviewed by the Ombudsman, who may direct us to release it.
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