sec.143Power to give animal welfare direction

### sec.143 Power to give animal welfare direction The police officer may give a written direction (an animal welfare direction ) requiring stated action about the animal or its environment. See the Animal Care and Protection Act , section 161 (Failure to comply with animal welfare direction) and the schedule, definition animal welfare direction . The direction may be given to— a person in charge of the animal; or a person whom the police officer reasonably suspects is a person in charge of the animal; or if the animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) — a person who, immediately before the seizure, was a person in charge of the animal; or a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal. Also, the direction may be given to a person who holds a mortgage or other security interest in the animal only if the person has taken a step to enforce the mortgage or other security interest. Without limiting subsection (1) , the direction may require any of the following action to be taken— care for, or treat, the animal in a stated way; provide the animal with stated accommodation, food, rest, water or other living conditions; consult a veterinary surgeon about the animal’s condition before a stated time; move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ; not to move the animal from the place where it is situated when the direction is given. However, action may be required only if the police officer considers it to be necessary and reasonable in the interests of the animal’s welfare. The direction may state how the person given the direction may show that the stated action has been taken. s 143 ins 2001 No. 64 s 226 amd 2003 No. 82 s 88 sch ; 2004 No. 27 s 28 ; 2005 No. 64 s 15 (sec.143-ssec.1) The police officer may give a written direction (an animal welfare direction ) requiring stated action about the animal or its environment. See the Animal Care and Protection Act , section 161 (Failure to comply with animal welfare direction) and the schedule, definition animal welfare direction . (sec.143-ssec.2) The direction may be given to— a person in charge of the animal; or a person whom the police officer reasonably suspects is a person in charge of the animal; or if the animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) — a person who, immediately before the seizure, was a person in charge of the animal; or a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal. (sec.143-ssec.3) Also, the direction may be given to a person who holds a mortgage or other security interest in the animal only if the person has taken a step to enforce the mortgage or other security interest. (sec.143-ssec.4) Without limiting subsection (1) , the direction may require any of the following action to be taken— care for, or treat, the animal in a stated way; provide the animal with stated accommodation, food, rest, water or other living conditions; consult a veterinary surgeon about the animal’s condition before a stated time; move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ; not to move the animal from the place where it is situated when the direction is given. (sec.143-ssec.5) However, action may be required only if the police officer considers it to be necessary and reasonable in the interests of the animal’s welfare. (sec.143-ssec.6) The direction may state how the person given the direction may show that the stated action has been taken. - (a) a person in charge of the animal; or - (b) a person whom the police officer reasonably suspects is a person in charge of the animal; or - (c) if the animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) — (i) a person who, immediately before the seizure, was a person in charge of the animal; or (ii) a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal. - (i) a person who, immediately before the seizure, was a person in charge of the animal; or - (ii) a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal. - (i) a person who, immediately before the seizure, was a person in charge of the animal; or - (ii) a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal. - (a) care for, or treat, the animal in a stated way; - (b) provide the animal with stated accommodation, food, rest, water or other living conditions; - (c) consult a veterinary surgeon about the animal’s condition before a stated time; - (d) move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ; - (e) not to move the animal from the place where it is situated when the direction is given.