Codes of welfare - how are they developed?

Zoo
A code of welfare covering animals
in zoos is one of eight codes
to have been issued under the
Animal Welfare Act 1993

Codes of welfare are an integral part of the framework and philosophy of the Animal Welfare Act 1999. In this article we background the work that goes into producing a code and their role in our legal framework for protecting animal welfare.

The function of a code of welfare

Codes are issued by the Minister of Agriculture on the recommendation of the National Animal Welfare Advisory Committee (NAWAC) following public consultation. They may be quite detailed as they are used to establish minimum standards, promote best practice in relation to animals owned or in a person's charge, and inform and identify future directions through research and development.

Such codes cover a variety of practices and procedures both within and outside farming. While codes are primarily an expression of what we as New Zealanders find acceptable, they also have a significant role in telling the rest of the world about our animal welfare standards. This can, and does, facilitate successful marketing of our exports. In particular, the minimum standards that they contain have an important status in the administration of the Act.

NAWAC

NAWAC is appointed by the Minister of Agriculture to provide independent, soundly based advice on animal welfare law, policy and practice. NAWAC members serve in a personal capacity, representing particular areas of expertise including veterinary, animal and agricultural science, the commercial use of animals, ethics, conservation, animal welfare advocacy, companion animals and public interest. One of NAWAC's key responsibilities is the development and recommendation of codes of welfare.

Why does it take so long to produce a code of welfare?

There are seven general steps in the development of codes of welfare. Each year, NAWAC determines priorities for code development. The priorities for 2007 are codes covering commercial slaughter, dairy cattle, dogs, transport in New Zealand, and sheep and beef cattle. These codes are all at varying stages of development. The Update section in each issue of Biosecurity magazine updates progress on these. A list of future codes to be developed is also maintained and discussed.

The Act allows any person or organisation to prepare a draft code of welfare. NAWAC believes that where a specific industry or animal species is represented by a particular group, their active involvement in the development of a code is crucial. The committee prefers that the group takes responsibility for drafting the code. This ensures that codes are practical and that the ownership and 'buy-in' of stakeholders (industry, animal owners, transporters, etc) continues. For example, Deer Industry New Zealand drafted the deer code, while the dog code was drafted by the Companion Animal Council. Where such a group is not easily recognised, and NAWAC believes that a code of welfare is desirable, it will develop such a code itself. The painful husbandry procedures code is one example of this.

However, codes or welfare do not simply codify current thinking and practice. The Act requires NAWAC to have regard to scientific knowledge, good practice (not current practice), available technology and submissions received and consultations undertaken. These processes ensure that improved animal welfare standards are either obtained or foreshadowed.

A dialogue between the code writing group and MAF is maintained to provide progress reporting and ensure that those affected by a code are consulted during its development.

Draft codes must be submitted to NAWAC for consideration. NAWAC determines that the draft code complies with the purposes of the Act, is clearly written and affected persons have been consulted. It then undertakes public consultation to ensure the range of community views is taken into account when standards are being determined for the care of animals. It is usual for aspects of a draft code to be challenged.

NAWAC then considers all submissions, prepares a summary of the submissions and makes a determination about the matters raised by each submission. The draft code is amended in the light of these determinations and the final draft is recommended for issue by the Minister. Accompanying each recommended code is an analysis of issues, particularly those involving significant differences of opinion, and the reasons for the committee's decisions. NAWAC strives to make its decisions by consensus but the report could include differences of view within the committee.

Finally, an independent policy review of the code is undertaken before the Minister recommends the issue of the code to Cabinet. The Minister then issues a code by a notice published in the Gazette and its release is publicised by the Minister, NAWAC, MAF and industry stakeholders.

Thus the development of codes is a long and exacting process, with each step taking several months. NAWAC's project management has shown that from submission to NAWAC to issue of a code takes a minimum of 63 weeks.

What do codes look like?

Because codes serve a number of purposes (legal, advisory and educational) it is important to understand how to read them. For each topic in a code there are usually four sections:

  1. An introduction: this backgrounds the topic and may explain some of the reasoning behind the minimum standards.
  2. Minimum standards: these are the part of the code that have legal effect.
  3. Recommended best practice: These are practices that we hope all farmers and animal owners will aspire to, and which, if followed, will lead to better welfare (and often economic) outcomes.
  4. General information: general advisory information on the topic.

Breaching a code of welfare is not of itself an offence under the Act, but failure to meet the minimum standards of a code may be used in evidence in prosecution of offences under the Act itself (e.g., failing to meet an animal's physical, health or behavioural needs). Only the minimum standards have legal effect.

Since minimum standards have legal effect, they must be legally sound, and the Act requires that they must be based on science, available technology and good practice. While there is general consensus on the meaning of the first two, interpretations of 'good practice' often vary. However, when the Act was being developed, Parliament took great pains to ensure that good practice was not necessarily the same as current or established practice.

Good practice certainly takes into account current practice, but in addition takes note of scientific knowledge and the experience of recognised good practitioners.

Science plays a major part in defining animal welfare standards. Animal welfare science has emerged during the past 10 to 15 years as a recognised discipline and covers nutritional, environmental, health, physiological, behavioural and cognitive sciences. While there have been major advances in this area, conflicting interpretations of scientific research can occur, as specific areas are explored in greater depth or in different ways. However, scientific knowledge is just one input and NAWAC's recommendations on minimum standards are broadly-based judgements of a range of inputs. As far as possible, the standards are written as welfare outcomes to be achieved rather than prescriptions of facilities or management practices.

To date, eight codes of welfare have been issued under the Animal Welfare Act 1999:

  • Broiler Chickens: Fully Housed 2003
  • Rodeos 2003
  • Pigs 2005
  • Layer Hens 2005
  • Zoos 2005
  • Circuses 2005
  • Painful Husbandry Procedures 2005
  • Companion Cats 2007

The deer code will be issued in May this year.

For more information on animal welfare in New Zealand:

For NAWAC's Guideline 04: Process for the Development of Codes of Welfare, and other guidelines:

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Page last updated: 30 April 2008