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LEGAL SUBMISSIONS REGARDING INTENSIVE PIG FARMING

The Animal Welfare Act 1998 is by virtue of section 8 binding upon Crown. The purpose of the Animal Welfare legislation is expressed in section 9 which is to ensure that owners and persons in charge of animals attend properly to the welfare of those animals. ection 1! of the Act imposes obligation on owners and persons in charge of animals to must ensure that the physical" health" and behavioral needs of animals are met. ection # of the Act defines $$physical" health" and behavioral needs%% to include&&& 'a( )roper and sufficient food and water* 'c( +pportunity to display normal patterns of behaviour* 'e( )rotection from" and rapid diagnosis of" any significant in,ury or disease" -nder the .ational Animal Welfare Advisory Committee%s current code pigs are permitted to be /ept in such confined areas that they cannot even stand up" this is clearly inconsistent with their natural behaviour and breaches section 1! and section # 'c( of the Act. 0ore importantly pigs suffer physical health problems such as lung and heart disease" leg problems" lameness bruising" foot erosion due to bare concrete floors and lac/ of exercise which is in breach of section # 'c( of the Act. +nly under exceptional circumstances" may the .ational Animal Welfare Advisory Committee recommend minimum standards and recommendations for best practice that do not fully meet the obligations of the Act in particular

section 1!. 1t is submitted that he .ational Animal Welfare Advisory Committee have adduced no evidence and therefore have no grounds supporting circumstances sufficiently exceptional to create exemptions from section 1! of the Act in the welfare code. Thus the welfare code is ultra vires and intensive pig farming is illegal. 1ntensive pig farmers cannot rely upon section 2# of the Act and the welfare code to protect them from prosecution under section 12 or section 23 of the Act. Are you interested by legal submissions4 This contention is further supported by the .ational Animal Welfare Advisory Committee%s admission that dry sow stalls and farrowing crates breaches the Act when the committee reviewed the pig welfare code between 2!!1 and 2!!3. 1t is submitted that both the .ew 5ealand )or/ 1ndustry 6oard and The .ational Animal Welfare Advisory Committee '.AWAC( constitutes persons in charge of animals and therefore falls within the scope of section 1! of the Act. The .ational Animal Welfare Advisory Committee must therefore follow the spirit and letter of the act when drafting animal welfare codes and must ensure the physical" health" and behavioral needs of pigs are met. 6y .aomi Cramer

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