district court logo

SPCA v Hall [2019] NZDC 11859

Published 01 October 2019

Sentencing — failing to comply with enforcement order — Animal Welfare Act 1999, ss 152 & 172 — Summary Offences Act 1981 — resisting police — assault — Ministry of Agriculture and Forestry v Walker DC Dunedin CRI-2006-012-5463, 28 September 2007 — Ministry of Agriculture and Forestry v Scobie HC Invercargill CRI-2003-425-7, 16 December 2003. The defendant appeared for sentence having pleaded guilty to five charges. The charges related to the defendant failing to comply with enforcement orders stemming from SPCA investigations, resisting a constable and further assaulting a constable while they were executing their duties. Previously, the defendant had over 20 animals seized by animal welfare inspectors and were subject to enforcement orders sought by the SPCA. The SPCA conducted compliance assessments at the defendant's property and found he had breached a number of conditions. The incident involving police resulted from the defendant entering the Police Station and becoming enraged as the police were involved in a different matter and were not paying him sufficient attention. He swung at one constable and struck another, before being restrained. The Judge reviewed case law and the defendant's mitigating factors and imposed a sentence of 175 hours community work. Additionally, the Judge ordered reparations on the animal welfare charges of $1050 and disqualified the defendant from owning animals for three years and ordered forfeiture of any animals currently owned. Judgment Date: 19 June 2019.