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Royal New Zealand Society for the Prevention of Cruelty to Animals v Tuapiki [2018] NZDC 6174

Published 05 June 2019

Ill-treatment of animal — horse — ownership of animal — Animal Welfare Act 1999, ss 2 & 28A(1)(c). The defendant faced a charge of recklessly ill-treating a horse. The charge arose when an animal control officer with the local council got a phone call about a horse in poor condition. An animal control officer, SPCA inspector and a vet went to inspect the animal and determined that it it was in such poor condition that they euthanised it immediately. The vet was of the opinion that the animal had been in this condition for at least three or four weeks. The animal control officer and SPCA inspector then spoke to a group of locals, and according to the inspector the defendant admitted to owning the horse. At trial the defendant denied owning the horse and denied telling the inspector that he did. The Court rejected this argument, finding the evidence of the inspector more credible, and determined that the defendant was the owner. The Court also accepted the vet's evidence that the horse had been ill-treated and that it was necessary to euthanise it, and found that the defendant was aware of the horse's condition. The defendant was convicted of the charge. Judgment Date: 20 March 2018 .