NZALA and SAFE file High Court proceedings against rodeos
On 19 July 2021, the New Zealand Animal Law Association (NZALA) and Save Animals From Exploitation (SAFE) filed proceedings against the Government and the National Animal Welfare Advisory Committee (NAWAC) relating to the practice of rodeo in New Zealand.
Background
Around 35 rodeos take place in New Zealand each year. These events include activities such as calf roping, bareback bronc riding, steer wrestling, barrel racing, team roping, saddle bronc riding and bull riding. Most rodeo activities involve conduct that causes animals pain and/or distress.
Animals used in rodeo can suffer from both physical injuries and psychological stress. Physical injuries can include broken bones from roping or bucking during riding, or bruising and ruptured skin from the use of spurs and ropes.
In March 2018, NZALA published Catriona McLennan's paper The Legal Status of Rodeo in New Zealand, which scrutinised the legality and regulation of rodeo in New Zealand in the context of the Animal Welfare Act 1999 (Act).
In recent times, public criticism of rodeos has mounted because of concerns about the pain and distress animals suffer solely for entertainment purposes. States and cities around the world have already banned rodeo.
The present proceedings
Rodeo activities are sanctioned through the Code of Welfare: Rodeos 2018 (2018 Code). The 2018 Code replaced the 2014 Code and is materially identical to it. NZALA has filed judicial review proceedings in the High Court challenging the legality of the 2018 Code on both procedural and substantive grounds.
Procedurally, NZALA and SAFE consider that the proper statutory process was not followed in issuing the 2018 Code. These procedural errors include a failure to publicly notify the 2018 Code, and as a result, a failure to consult on the 2018 Code.
Substantively, NZALA and SAFE consider that the 2018 Code permits activities that do not meet the purpose of the Act. The effect of this is that otherwise unlawful (under the Act) activities are treated as 'lawful' in the 2018 Code.
The proceedings seek declarations from the High Court to this effect.
This will be the second judicial review filed by NZALA and SAFE, following the successful High Court decision in The New Zealand Animal Welfare Association v the Attorney-General [2020] NZHC 3009.
In that decision, Justice Cull determined that the minimum standards and regulations allowing the use of farrowing crates for mother pigs were unlawful and inconsistent with the Act, and accordingly directed the Government to consider phasing out the use of farrowing crates.
By bringing these proceedings, NZALA and SAFE hope to bring an end to the unnecessary and unlawful practice of rodeo in New Zealand.
Read the joint NZALA and SAFE press release here.