Published 05 September 2019
Sentencing — animal welfare — animal transport — Animal Welfare Act 1999, ss 23 & 164 — New Zealand Code of Welfare. The defendant company faced sentence on a charge laid under ss 23(1) and 164 of the Animal Welfare Act (the Act), in regard to the transport of a jersey bull together with an aggressive horned bull, without making special provision to prevent injury from their horns occurring during transport. The defendant company's employee travelled to a farm to transport the two bulls, where he was informed they had been fighting and caused damage. The driver, an experienced stock truck driver, spoke to the boss of the defendant company as the only option available to him was to transport them together or not at all. The employee made a judgment call based on his experience. Partway through the drive the bulls resumed fighting, but there was no safe place to unload the animals. The driver continued the approximately 100 kilometres to the freezing works. The Judge noted that the defendant company is liable for the actions of their employees, per s 164 of the Act. However, the Judge found there was no practical means open to the defendant company to second guess the judgment of the employee, and accordingly the defendant was convicted and discharged. Judgment Date: 10 June 2019.
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