NAWAC Guideline 04: Process for the development of codes of welfare

1. Introduction

This guideline is a procedural guide for those involved in the development of codes of welfare, and for members of the public intending to comment on such codes. It describes the procedures and processes that support the development of draft codes of welfare that meet the requirements of the Animal Welfare Act 1999 (the Act) including the requirements for consultation.

NAWAC emphasises that this is a guideline only and that it may be varied from time to time, depending on the circumstances surrounding a particular code.

2. Code requirements

The requirements of a code of welfare are set out in Part 5 of the Act.

3. Process for developing draft codes of welfare

The steps in the development of codes of welfare are illustrated in the flowchart (Figure 1). The actual process for each code may differ from the flowchart, but the key steps are:

  • NAWAC’s determination of development priorities for codes of welfare
  • The agreement between the code writing group and the Programme Manager Biosecurity NZ Animal Welfare on the terms of reference for the writing group, timetable, progress reporting and identification of the representatives of affected persons (including organisations) who should be consulted
  • Submission of the draft code to NAWAC
  • NAWAC’s determination that the draft code complies with the purposes of the Act, is clearly written and affected persons have been consulted
  • Public consultation, the analysis of submissions and NAWAC’s consideration of the submissions
  • Submission of the draft code and report on the code to the Minister

4. NAWAC’s role

In respect of a draft code of welfare, NAWAC:

  • will determine the priority for considering the draft code based on the resources it has available at the time, the importance of the welfare issues being addressed by the draft code and any other factors that it considers relevant;
  • will receive reports from the Programme Manager on the progress of the code-writing group:
  • will receive, via a face-to-face meeting if convenient, the draft code from the code-writing group;
  • will consider the draft code from the code-writing group, modify it as necessary to meet the requirements of the Act and approve it for public release for submissions;
  • will, in order to follow due process, and so as not to act in a biased or predetermined manner, not make any final decisions on the draft code until it has received and considered the public submissions;
  • will receive and consider, in consultation with any appointed subcommittee and/or facilitator, the public submissions and the summary of them;
  • will receive regular progress reports from any appointed subcommittee chairperson;
  • will determine, in consultation with any appointed subcommittee and/or facilitator, appropriate courses of action for major or complex issues arising from the consideration of the draft code, the public submissions and any submissions from the code-writing group;
  • will consider and approve, for forwarding to the Minister and the code-writing group, the final version of the draft code, and an accompanying report as required by section 74(2) of the Act; and

In order to expedite the production of a code, NAWAC

  • may, depending on the nature of the draft code, appoint a subcommittee and a chairperson to undertake the detailed analysis of the draft code, of the public submissions and of any submissions from the code-writing group. The membership of the subcommittee is to reflect the full range of NAWAC’s expertise appropriate to the draft code (see “5. Terms of reference for a code of welfare subcommittee”);
  • may appoint a facilitator to assist NAWAC and any subcommittee (see “6. Responsibilities of the code of welfare facilitator”);
  • may provide for, if it deems necessary (for example, due to substantial modification of a draft code as a result of the consideration of the public submissions), a second round of public or targeted consultation before making its recommendation to the Minister;
  • may, after the completion and gazetting of a code of welfare, seek comment from the code-writing group and other relevant parties on the code development process that took place, in order to review and improve its performance.

5. Terms of reference for a code of welfare subcommittee

The following terms of reference apply to any subcommittee appointed by NAWAC. The subcommittee will have the same powers to act as NAWAC, subject to ratification by NAWAC.

The subcommittee will:

  • establish, in consultation with the Programme Manager, a project schedule to be agreed by NAWAC.
  • consider the draft code from the code-writing group, and make a recommendation to NAWAC on its suitability for public release for submissions;
  • formally consider the public submissions and the summary of them, record its recommendations and note the reasons for them;
  • formally consider any original submission and any subsequent submissions from the code-writing group, record its recommendations and note the reasons for them; and
  • identify major or complex issues arising from its consideration of the draft code, the public submissions and any submissions from the code-writing group, and prepare a report for NAWAC to consider when determining appropriate courses of action.

To facilitate its work, the subcommittee may:

  • clarify points of uncertainty with the code-writing group (for example, scenario testing) as and when required;
  • access relevant expert advice, at its discretion, on issues under consideration in the draft code;
  • undertake site visits and face-to-face meetings relevant to the draft code under consideration. Other members of NAWAC, as appropriate, may also attend.

The subcommittee chairperson is to:

  • work closely with the Programme Manager throughout the consideration of the draft code;
  • provide regular progress reports to NAWAC; and
  • present the subcommittee’s final draft of the code, and an accompanying draft report as required by section 74(2) of the Act, to NAWAC for discussion and approval.

6. Responsibilities of the code of welfare facilitator

On the recommendation of NAWAC, MAF may appoint a facilitator to assist NAWAC, or a subcommittee of NAWAC, in the development of a draft code. This may occur at the time of establishment of the code writing group or at the time NAWAC receives the draft code from the writing group. The facilitator may be a NAWAC member, the Programme Manager, another MAF employee, or an external contractor to MAF Animal Welfare Group. External facilitators will be required to sign a confidentiality agreement.

The facilitator should declare any potential conflicts of interest and have the relevance of these adjudged by the NAWAC chairperson

The facilitator:

  • has, as his or her primary function, the support of NAWAC in its preparation of a particular draft code;
  • reports to, and receives operating instructions from, the Programme Manager and liaises with any subcommittee chairperson;
  • is to:
    • have an understanding of the subject matter of the draft code
    • have analytical, writing and editing skills
    • have code-writing experience or familiarity with codes of welfare structure and format

The facilitator:

  • may, depending on the number and complexity of the public submissions on the draft code, be asked to prepare the summary of those submissions;
  • may be asked to attend NAWAC meetings and teleconferences for any period when the draft code is being discussed;
  • will attend any subcommittee meetings and teleconferences;
  • will assist the Programme Manager to review and supply relevant technical information to NAWAC and any subcommittee;
  • may be responsible for editorial changes to the draft code, as directed by NAWAC or any subcommittee;
  • will assist with the preparation of the draft report required by section 74(2) of the Act. This may include the preparation of draft material to highlight points to be included in the report, and the drafting of NAWAC’s responses to the public submissions; and
  • must clearly “flag” his or her own comments in the preparation of any analysis or report in relation to the draft code.

7. Duties and responsibilities of the Programme Manager

The Programme Manager is responsible for supervising the process for the development of codes of welfare. His or her responsibilities will include:

  • preparing, in concert with NAWAC, a 3-5 year priority schedule of code development to be considered in each calendar year;
  • providing regular updates to NAWAC on progress towards completing the priority schedule;
  • liaising with, and providing information to, potential code-writing groups;
  • establishing, in consultation with the code writing group and NAWAC (or any subcommittee), a project plan and schedule, including indicative dates for reporting progress to NAWAC;
  • maintaining regular contact with the code-writing group;
  • coordinating the organisation and management of seminars for code-writing groups; and
  • supervising and liaising closely with any facilitator

8. NAWAC interaction with the code-writing group

NAWAC views positive interaction with the code-writing group to be essential to the successful consideration of any draft code. NAWAC will therefore:

  • ensure that appropriate advice is provided to the convenor of the code-writing group on the structure and format of codes of welfare;
  • supply to the code-writing group a protocol detailing the nature and sequence of steps in the process of considering the draft code and the points at which contact is expected with the code-writing group. This will be updated as required;
  • provide the code-writing group with the names and contact details of the Programme Manager and any other persons who have been designated to have contact with the group concerning the progress of the draft code;
  • inform the code-writing group that NAWAC has access to appropriate expertise in relation to the draft code;
  • clarify points of uncertainty with the code-writing group (for example, scenario testing); and
  • provide the code-writing group with a copy of the final version of the draft code and the accompanying report at the same time as NAWAC’s recommendation is made to the Minister.

9. Processing of submissions on draft codes of welfare

In respect of submissions made on draft codes, NAWAC:

  • will consider all the submissions received during the public submission period before considering any further submissions that might be received;
  • will prepare a summary of public submissions to assist NAWAC members to focus on the major points raised in each submission.
  • where further submissions are received, only new information will be considered;
  • may seek to clarify points made in submissions, by way of correspondence, teleconferences, face-to-face meetings, etc but will not enter into negotiation with submitters; and
  • asks that submitters concentrate on succinctly arguing their own points of view rather than spending time either criticising the expected views of other submitters or tailoring their submission on the basis of second-guessing what NAWAC’s concerns might be.

10. Code-writing seminars

NAWAC may, from time to time, conduct seminars for those organisations or individuals that have been identified as having an interest in drafting codes of welfare. The purpose of these seminars would be to:

  • promote a uniform approach to code drafting;
  • disseminate current ideas and thinking in relation to codes;
  • ensure that codes are initially drafted in a comprehensive manner, thereby reducing the need for substantial redrafting by NAWAC when considering them; and
  • introduce code writers to each other to provide a platform for the development of “working relationships”, allowing the discussion and review of future issues and ideas.

This guideline was originally approved by NAWAC on 11 February 2004, and has since been updated. This guideline is not a legal interpretation of the Animal Welfare Act 1999. It is anticipated that this guideline will be updated from time to time in light of experience gained by NAWAC during its deliberations.

Page last updated: 9 February 2009