Edmonds Judd

Animals

Over the fence

Requirements when transporting livestock

The Animal Welfare Act 1999 outlines the standards and guidelines when transporting all live animals.

All animals must be provided with reasonably comfortable and secure accommodation when being transported. Animals must not be transported in a manner that causes unnecessary pain or distress, and regular welfare checks must be completed.

The legislation is supported by the Animal Welfare Regulations 2018 that outline the regulations that must be followed at each stage of transporting an animal, including but not limited to:

  • Requirements for a transportation vehicle
  • Preparing animals for transport
  • Loading and unloading
  • The journey
  • Special requirements depending on the mode of transportation, and
  • Documentation required.

Animals must not be transported where they are unfit for travel unless a veterinary certificate is obtained. This includes where the animal has:

  • Ingrown horns
  • Bleeding horns or antlers
  • Lameness
  • Late-term pregnancy
  • Injured or diseased udders, or
  • Eye cancer.

In such cases, a veterinarian should be consulted. The veterinarian, at their discretion, may certify in writing that they consider the animal to be fit for transportation. The certification is only valid for seven days from the date of examination.

It is important to understand the requirements, as transportation of an unfit animal will constitute an infringement offence to the owner of the animal.

 

Recent NZ-UAE free trade agreement

The United Arab Emirates (UAE) is one of New Zealand’s largest markets in the Middle East, with goods and services exports totaling NZ$1.1 billion for the year ended 30 June 2024. Negotiations for a trade agreement, to be known as the Comprehensive Economic Partnership Agreement (CEPA), between New Zealand and the UAE concluded in Wellington on 26 September 2024.

The agreement will now undergo legal verification to prepare it for signature and public release. Once signed, both New Zealand and UAE will still need to take further steps before it becomes enforceable.

The key outcomes of the CEPA include:

  • A significant expansion of New Zealand’s free trade
  • New Zealand will have the best available access to the UAE market, with New Zealand goods exporters able to access the market duty-free. The CEPA will eliminate tariffs on 98.5% of exports to the UAE. This is planned to increase to 99% after three years. The initial access includes all New Zealand dairy, meat, horticulture and industrial products, and
  • The UAE is a key export destination and hub in the Gulf region. It offers significant opportunities to enhance cooperation across many areas, including agriculture and sustainable energy.

The UAE’s high-value market offers export growth for New Zealand companies, aligning with the government’s ambitious goal of doubling export value to the region within the next decade. Importantly, this also benefits our rural sectors, driving economic benefits across the country.

 

Employment contracts for seasonal workers

In September, important changes were announced to the Recognised Seasonal Employee Scheme (RSE) to support the growth of New Zealand horticulture and viticulture.

A notable change is the increase for the 2024–25 season RSE cap where 1,250 more workers can obtain an RSE Visa, thus increasing the cap to 20,750 workers.

 

Changes for employers

Employers are no longer required to offer their employees an average of 30 hours per week. Instead, they must offer a 30-hour minimum week calculated over a four-week period, for example: 120 hours within a four-week period. This is to account for fluctuation of working hours for weather-dependent roles and to minimise the number of hours having to be paid for unworked hours.

Previously all workers had to be paid at least 10% above the minimum wage. This is now only applicable where the worker is returning for their third or subsequent season, otherwise RSE workers only need to be paid at least minimum wage.

Employers may now impose a temporary increase on accommodation costs of 15% or $15.00, whichever is lesser of the two, for a 12-month period. If, however, the RSE employee was offered an accommodation cost agreement before 2 September 2024, then an increase cannot be imposed.

An employee’s ability to move between employers/regions has now increased from 14 to 21 days either side of the worker’s current move date where it is approved by the Agreement to Recruit (ATR). This is beneficial for employers with multiple worksites.

 

Changes for employees

RSE employees are now eligible for multi-entry visas, allowing them to return home for important events without needing to apply for another visa.

RSE employees may also be able to train, study or develop their skills while living in New Zealand, even if it does not directly relate to their role. They will, however, need to ensure they still meet their employment agreement requirements.

There is also no longer a requirement to be screened for HIV.

In response to these changes, RSE employer/employee actions may differ, depending on where you are in the ATR process.

If you are unsure of your obligations, don’t hesitate to contact us.

 

 

 

 

DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Rural eSpeaking may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2022.     Editor: Adrienne Olsen.       E-mail: [email protected].       Ph: 029 286 3650


The popularity of virtual fencing is increasing quickly amongst dairy farmers, as an efficient method to contain and move stock.

The technology works through a collar around, say, a cow’s neck that moves it by sounds and guides it from left to right. If the cow steps over the virtual boundary, it is first guided back by sound and, if that cue is ignored, it is given a low energy shock (significantly weaker than an electric fence). It is also capable of guiding cows to walk themselves to the milking shed.

It’s not difficult to see why farmers around the country are inspired by this technology. It potentially removes the need for human labour which is not only in short supply, but is also accompanied by overwhelming regulation (think Health and Safety at Work Act 2015, Employment Relations Act 2000, Immigration Act 2009 – to name a few).

 

No brainer. . . why the opposition?

On 17 October 2024, submissions were heard before Parliament’s petitions committee from industry leaders (Ministry for Primary Industries (MPI), New Zealand Veterinary Association (NZVA) and the SPCA) after a Golden Bay dairy farmer lodged a petition due to the impacts of virtual fencing on animal welfare. The petition received 414 signatures, with concerns that the technology was cruel and could have a long term ‘brainwashing’ effect on stock. The petitioners want cows to be left to be cows, and not made to behave like robots.

One of the companies that provides virtual fencing (Halter), has said in its own submissions that there are safeguards in place to protect animal welfare and, that when cows learn the system (estimated to be within a week), they only experience the cues for 96 seconds of the day. Compared with the conventional methods of herding cattle with quad bikes or dogs, virtual technology arguably induces less stress. Cows can walk at their own pace and experience less lameness.

 

Efficient and ethical farming or dystopian nightmare?

Neither MPI nor the NZVA have identified any evidence that virtual fencing is a risk to animal welfare.

MPI has only received one complaint and on investigation found no concerns for the safety of animals. That being said, the industry leaders are still seeking regulations for the technology to mitigate welfare risks from any new agri-technologies, as that industry develops fast.

At this stage, there is no suggestion that virtual fencing systems do not already meet the requirements of the Animal Welfare Act 1999, Regulations or Codes of Welfare. There is already a legal requirement that wearable collars, such as those used for virtual fencing, do not cause injury to animals and are handled in a way that minimises risk of pain, injury or distress.

However, a draft code specific to virtual fencing and best farming practice has been prepared by the National Animal Welfare Advisory Committee that will amend minimum standards to safeguard cattle welfare even further in respect to emerging technologies.

Following the hearing of submissions, recommendations will be decided by the petitions committee and presented to Parliament. The government will then decide what action, if any, will be taken within 90 days. Ultimately, though, the risk of harm seems extremely low, with changes unlikely to impact those already using the technology.

 

 

 

 

DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Rural eSpeaking may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2022.     Editor: Adrienne Olsen.       E-mail: [email protected].       Ph: 029 286 3650


When your livestock are grazing away from your property, your legal obligations as their owner under the Animal Welfare Act don’t go on holiday. It’s your duty to ensure their care meets the required standards, and that means staying actively involved in their well-being.

Here’s why regular checks and oversight are non-negotiable:

  1. Weighing and Monitoring
    Insist that the grazier regularly weighs your animals and provides detailed reports. But don’t just rely on the numbers—attend these weighing sessions periodically to verify the accuracy of the data and get a firsthand look at your animals’ condition.
  2. Feed and Water
    Livestock require enough feed to maintain good health and condition. Check that they have consistent access to high-quality, clean water to prevent dehydration and support overall well-being.
  3. Safe Surroundings
    Ensure the grazing environment is safe, free from hazards, and appropriate for the type of stock being grazed. Unsafe conditions can lead to injuries, poor health, and stress for your animals.
  4. Signs of Illness or Injury
    Early detection is key to preventing long-term issues. Look for signs of lameness or other health concerns. Timely treatment can make the difference between a full recovery and chronic problems like susceptibility to bone damage or ongoing mobility issues.
  5. Correct Handling
    Observe how your animals are being handled. Poor handling practices can lead to stress, injuries, or behavioural issues. It’s your responsibility to ensure they’re treated with care and respect.
  6. Accountability
    Don’t take a “set and forget” approach to sending livestock out for grazing. Visit them regularly to ensure the care described by the grazier matches the reality. This keeps the grazier accountable and ensures you’re meeting your obligations as an owner.
  7. Development of Young Stock
    For young stock, this period is critical to their growth and development. Regular monitoring ensures they’re meeting weight targets, growing at a healthy pace, and building the foundation for a productive future.

Ultimately, livestock owners must remain hands-on, even when animals are in someone else’s care. Regular checks safeguard their well-being and ensure you’re compliant with the Animal Welfare Act. After all, your animals rely on you to advocate for their welfare, wherever they are.


As the summer sun blazes, it’s a timely reminder to step up and meet our animal welfare responsibilities, whether you’re a dedicated farmer or a devoted pet owner. The Ministry for Primary Industries (MPI) Codes of Welfare provide the essential roadmap, setting minimum standards for animal care and offering best practices to help you go above and beyond.

Summer brings unique challenges for animals, and heat stress is a major concern. For pets, never leave them in cars, even for a short time—internal temperatures skyrocket, creating a life-threatening situation. Adequate ventilation and shade are equally crucial indoors to keep your furry friends comfortable.

For farmers, the stakes are high, especially for dairy cows. According to DairyNZ, cows thrive in temperatures between 4-20°C. Above this, they begin to experience heat stress, exacerbated by the energy-intensive process of digesting food and producing milk. As temperatures rise, they absorb more heat from their surroundings, making it harder to maintain their body weight and productivity.

Combatting heat stress means getting strategic. Ensure your grazing plan allows cows access to shade, such as tree cover, during the hottest parts of the day. Keep plenty of fresh, clean water available and adjust feeding practices to help them stay cool and maintain their condition.

This summer, let’s prioritise our animals’ comfort and well-being. To ensure you are on the right track, dive into the Codes of Welfare on MPI’s website. And if you are after expert advice tailored to your needs, our friendly team at Edmonds Judd is just a call away. Let’s make this summer safe and stress-free for all!

 

Fiona Jack