s.85Powers of animal welfare officer
85
Section 85Part 9 — Protection of Animals and Wild Life

Powers of animal welfare officer

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An animal welfare officer shall, for the purpose of performing the animal welfare officer's duties under this Act, have all the rights and immunities of constables acting generally in the ordinary course of their duty, and every constable shall, for the purpose of enforcing this Act, have all the powers of an animal welfare officer.
The duties of an animal welfare officer shall include —
preventing cruelty or suffering to animals;
capturing and detaining any stray or vicious animals;
protecting game animals, ensuring the preservation of protected animals and supervising the closed seasons;
upon the receipt of a written complaint from the Director, the Committee or any named member of the public, entering and searching any premises to ensure that the provisions of this Act are not being contravened;
where the animal welfare finds a person is in contravention of this Act, notifying such person in writing of the possibility of prosecution;
collecting evidence, taking photographs and writing reports to be submitted to the Ministry for use in any criminal proceedings under the Law; and
testifying in court in any proceedings under this Act.
Each animal welfare officer shall be provided by the Ministry with a certificate of that animal welfare officer's appointment as an animal welfare officer signed by the Minister and bearing a photograph of the animal welfare officer.
An animal welfare officer shall, if requested to do so, produce that certificate for inspection to any person in relation to whom the animal welfare officer is about to exercise, is exercising or has exercised a power under this Act.
A certificate appearing to have been provided under subsection (3) is, without proof of the signature of the person who signed it or that person's authority to sign it, evidence of the appointment to which the certificate appears to relate.
An animal welfare officer may apprehend without warrant any person who commits or attempts to commit an arrestable offence in that animal welfare officer's view or whom the animal welfare officer reasonably suspects to have committed an arrestable offence.
An animal welfare officer may, in any public place, on any Crown lands, search any person whom the animal welfare officer has reasonable cause to suspect of having contravened this Act or any regulation, and may stop and search any vehicle, boat or other conveyance in or upon which the animal welfare officer has cause to suspect that there is any animal in respect of which any offence against this Act or any regulation has been committed or in or upon which the animal welfare officer has reasonable cause to suspect that there is any gun, catapult or any other weapon or trap used in the commission of any such offence.
Where a person having charge of a vehicle, boat or other conveyance or animal is apprehended by an animal welfare officer or a constable under this Act, it shall be lawful for that animal welfare officer, constable or any other constable to take charge of the vehicle, boat, or other conveyance or animal, and to deposit the vehicle, boat or other conveyance or animal in some place of safe custody until the termination of any proceedings relating to the animal or until the court makes an order as to the disposal of the vehicle or animal.
The reasonable costs of a detention under subsection (8), including the reasonable cost of veterinary treatment where such treatment is required, shall, in the event of a conviction in respect of the animal, be recoverable from the owner as a civil debt, or, where the owner themselves is convicted, shall be part of the costs of the case.

Defined Terms

animal welfare officer

Cross References