district court logo

Ministry for Primary Industries v Ireland [2022] NZDC 20849

Published 12 December 2022

Sentencing — ill-treatment of animals — failure to register cattle — Animal Welfare Act 1999 — National Animal Identification and Tracing Act 2012 — Erickson v Ministry for Primary Industries [2017] NZCA 271, [2017] NZAR 1015. The defendant appeared for sentence, having pleaded guilty to three charges of illtreating animals, one representative charge of illtreating a mob of animals, and one further representative charge of failing to register cows. The defendant owned a dairy and beef farming operation. The ill-treatment charges arose as a result of her allowing cattle to become emaciated and die, and others requiring euthanasia. Veterinary evidence was that the cattle would have suffered unreasonably prior to their death. The Court assessed the offending as moderately serious. The Court adopted a starting point for fine of $27,000: $12,000 for the cattle needing to be put down, $5,000 for the dead cattle, a further $5,000 for ill-treatment of the mob, and $5,000 for failure to register. A full 25 per cent discount was given for an early guilty plea, 15 per cent for previous good character, and a further 15 per cent for remorse and personal impact and a further small discount as reparation was also imposed. A final fine of $15,000 and reparation of $11,179.29 was imposed. The Court made an order disqualifying the defendant from owning or exercising authority in respect of cattle for a period of 5 years. Judgment Date: 11 October 2022.