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Royal New Zealand Society for the Prevention of Cruelty to Animals v Wallace [2022] NZDC 541

Published 05 December 2023

Verdict — animal welfare — care of dogs — poor living conditions — neglect of dogs — Animal Welfare Act 1999 ss, 4, 10, 11, 12(a), 12 (b) & 25 — Criminal Procedure Act 2011 ss, 105, 106 & 147 — Animal Welfare (Dogs) Code of Welfare 2010 — RNZSPCA v Wallace [2022] NZDC 460 — Balfour v R [2013] NZCA 429. The two defendants faced 35 charges each under the Animal Welfare Act 1999 ("the Act"). They owned a kennel business that was breeding German Shepherd dogs. The first defendant was in charge of the dogs' day to day care and the second defendant was the owner of the dogs. Under the Act, people who were in charge of an animal were required to take all reasonable steps to ensure that the animals' physical, health and behavioral needs were met. The charges against the defendants included failure to meet the needs of the dogs through unsatisfactory tethering, unhygienic conditions, inadequate shelter and nutrition, no access to water and matted coats. The SPCA investigators issued instructions to fix the problems which included cleaning, ventilation and improvements for shelter. The inspections that followed showed lack of change or attempts at change but no meaningful improvement. Several dogs were seized as they were underweight, had signs of an ear infection and lived in dirty conditions. One dog's tether was tangled around its leg and could not move. Due to the injury, the dog was euthanized. The first defendant's credibility was challenged as the Court observed she failed to recount some details of the case and she was prone to exaggeration therefore her evidence was not accepted. The defendants were found guilty on 32 charges and not guilty on three charges. Judgment Date: 31 March 2022.