8Animals to be provided with food, drink or shelter

#### 8 Animals to be provided with food, drink or shelter 8 Animals to be provided with food, drink or shelter > > (1) A person in charge of an animal shall not fail to provide the animal with food, drink or shelter, or any of them, which, in each case, is proper and sufficient and which it is reasonably practicable in the circumstances for the person to provide. > > > > Maximum penalty— > > > > > (a) for a corporation—750 penalty units, or > > > > > (b) for an individual—150 penalty units or imprisonment for 6 months, or both. > > > (2) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with clean water during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient drink during that period. > > > (3) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with food or shelter during a period of 24 hours (or, in the case of an animal of a class prescribed by the regulations, during the period prescribed for that class of animal) is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient food or shelter during that period. > > > (4) Before commencing proceedings for an offence against subsection (1) in respect of a stock animal depastured on rateable land (within the meaning of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051)), the prosecution must obtain advice from Local Land Services about the state of the animal (if practicable) and the appropriate care for it. > > > (5) The prosecution may, with leave of the court granted in such circumstances as the court considers just, commence or continue proceedings for an offence against subsection (1), despite having failed to comply with subsection (4). > > **s 8:** Am 1987 No 160, Sch 1 (4); 1992 No 112, Sch 1; 1997 No 83, Sch 1 \[6\] \[9\]–\[12\]; 2001 No 112, Sch 2.28; 2008 No 112, Sch 6.24; 2010 No 59, Sch 2.76 \[3\]; 2013 No 51, Sch 7.40 \[1\]; 2020 No 30, Sch 1.33\[1\]; 2021 No 15, Sch 1\[5\].