Published 23 May 2023
Sentencing — failing to register animals — failing to declare death of animals — National Animal Identification and Tracing Act 2012 — Animal Welfare Act 1999 — Ministry of Primary Industries v Ashley Michael Darryl Klenner [2022] NZDC 9771 — Erikson v Ministry for Primary Industries [2017] NZCA 271. The defendant appeared for sentence on various animal welfare and animal tracing offences. He had set up an intensive calf-rearing operation in a converted piggery. The property housed some 454 calves, who were cared for by a person who lacked the knowledge and skills to look after them properly. The calf-rearing sheds were overheated and improperly-ventilated. The defendant attempted to treat any sick animals by using a lavender extract that he believed would cure them, rather than by seeking professional help. Animal inspectors visited the defendant's property to find the calves suffering poor health. Forty of the calves had to be euthanised, and many of the others required veterinary treatment. The inspectors also found other calves that had already died, and the defendant lacked adequate means to trace his animals. The Court commented that the set-up of the rearing sheds meant that diseases spread quickly through the defendant's herd. On the animal welfare offending, the start point was a fine of $40,000. The defendant got credits for his guilty plea, co-operation with the investigation, lack of previous convictions, and the fact that he had ceased his farming operation. For the tracing offences, the start point was $36,100, with the same reductions applied as for the animal welfare offending. The final fine was $50,000, along with medical costs of $5523.20 and court costs of $780. The defendant was also disqualified for two years from owning animals. Judgment Date: 1 July 2022
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