You are on page 1of 11
a~ Enforcement Directorate INVESTIGATION SUMMARY Nol: The template headings clsplayed inthis document are the minimum planing requirement fr any, criminal investigation progressed. You mey include atonal information which would assist the INCIDENT: 10 2119200 Gas, hp Nein ww Date: 24 February 2009 BR ‘ qi ee ke S Gray Road, & © Kamo, Whangarei ©) me ‘Team Manager:Aian Wilson During the course of during the winter of 2006-4 is oT arge feids at Zion Wikdife Gardens Limited 1 aware that the routine front pad declawing of 10. This routine front pad declawing had occurred ‘and subsequently at the Grey Road, Kamo, lids constitutes a restricted surgical procedure as defined Animat Welfare Act 1999. The Act requires that the responsible isfy himsalf or herself thatthe performance ofthe declawing ferests ofthe animal which isto be declawed 's with SENN he Zoo Owner and Operator both atthe Keriker '0ad, Kamo, Whangarei, t appeared thatthe rationale behind the front Tot stricly comply withthe requirements of the Act. rt vanced by AINE incu the folowing: olecting the tees in each enclosure, nnancing the animals’ environment by permiting interaction with him, eermiting interaction with the public in general on interactive tours, limiting the ebilty of the animals to do damage to each other in the enclosures ‘© limiting the ability ofthe animals to do damage to each other when traveling for promotional purposes. On the face of it, the routine font pad declawing procedures adopted by Zion Widlte Gardens Limited did not conform withthe requirements ofthe Act which require that a net ‘animal welfare benefit accrue tothe animal on which the restricted surgical procedure isto be carried out, Le. directly to the specific animal that is to be declawed. Investigaton Summary template 180808, 1 Enforcement Directorate Wen further questioned eng the wit spectons INN sited that he wes cf the view thatthe deciaving was permits ard sppronits. Ho sposticnly advsod MAF EO AVY that MAE vetsnaians ere present tte intel Gecawing operation et Kerker and subsequently at Gray Road, Kamo, Whongar an a ten ra ae gm ticorer ecm beceereen om ieee See naan at ss ie err nt ee tt roe no eter lege abnor ce |S eee wn a ate io a eee | nover mentonedin any aust reports comics by MAF, ~~ . = a han fact 9 2007, js and Ina formal report to MAF ED AW foliowing the 2008 (a previous MAF Animal Wellare Te ‘Oseussed declawing with Craig Busch in gent SNE 29 2500 that ho soussed their involvement in dectawin inka aia eect deceeion, EE he Je the declawing isu wih Was ite any support for fur tion ever took place, | (eo 5210-10 Marder inspections nd cociaing cute thatthe proved. immediatly eur es (Bu prérence was s130 present dusing the 2008 | ef MAF ED AW. Following research on declawing | BAF ED AW QE confirmed his view Crounetancee Cet °Y MINED ard should be 0 of the view that this restricted surgical procedure would result in long ¢ large feds which had already been deciawed at Zion se dbedmpiications. report, furtver enguitios at MAF's behest wore made of ‘association, of ir encorsement of the position taken In sport that the ids at Zion was notin the best interests of tha lage felis unless it could rated by the veterinarian performing the procedure on behalf of Zion ens Limited, that a net animal welfare benefit accrued tothe particular animal eds there was required to be a medically justified rationale forthe ceciawing of the (Greist on ite arson into, by corso over opeeton! ‘cional reasons scvenced by RENN in support of routine front pad dectawing of the lions and tigers. \Whitst the Animal Welfare Act 1999 generally focuses onthe obligations of owners and persons in charge of animals, the carying out ofa restricted surgical procedure may only be performed by a veterinarian, ‘The owner or person in charge may not be prosecuted as a principal where a restricted surgical procedure is inappropriately performed by a veterinarian but may be prosecuted as a Investigation Summary template 180808 2 a Enforcement Directorate party to ofending againat the restricted surgical procedures provisions by the veterinarian oncemed, ‘The owner or person in charge and potential the veterinarian inappropriately cerying out @ resbicted surgical procedure may also fall foul ofthe section 28 and 29 offence provisions of the Act where it could be proved thatthe owner or person in charge or vatrinarian concerned wily treated an animal or i-trested en animal by declawing, ‘The Animal Welfare Act 1999 by vitue of section 130 provides that where the Act forms a view that an owner or person In charge of an animal h ‘bigatons imposed by he Act, he or she may issue in writing a statu gumerrperson in charge ofthe animal tmitgete or prevertihe ‘at animal on to date 3s tothe nature of the bei that is required to be held bp the vbtri to carry oul the procedure, Comprises eujectve elo, an objective ok cbjeeve belt “There appears howeve o be no OS Ntwould aio appear hat teres rb responsible for commision irelovnt (oe beet hl ‘elena tothe re Drier or person in charge of the animal lan to carry out the proceguce are te ultimate decision made by the swing procedure. It's up tothe inaivdual veterinarian vious tha vps. eaIDY in charge of he anal may be parsussve and taken ino see Putte mate dain as to wheter he resid for carying outa restricted surgical procedure ae limited to 1d do not apply to the owner or person in charge, there remains iblty that an owner or person in charge could be considered a iced surgial procedures or potentially fll foul of he Hl treats ‘et out at sections 28 and 29 ofthe Act. j@of the MAF ED AW inspections carried out during 2008 the majority of 1igors at Zion appeared to have previously been dectawed, there remained a ds including the adolescent tigers and the wild pride which at tat tme had yet ‘As already noted above section 130 ofthe Animal Welfare Act 1999 provides that an Inspector may issue in wrting a statutory instruction to an owner or person in charge of an animal (where the inspector has reasonable grounds to believe that and animals likely to suffer unreasonable pain or distress) requiring that person to take such steps as the Inspector | ‘considers necessary or desirable ta prevent oF miigate the suffering of an imal Investigation Summary template 160608 3 ~~ Enforcement Directorate In order to limit the routine front pad dectawing of felids at Zion Witdife Gardens Limited statutory AWS 130 instruction was drawn up by MAF ED AW which required the owners and operators of Zion Widlife Gardens Limited (at that tim when contemplating or seeking eny future declawing, to provide thelr veterinarlan's reasons {nd rationale forthe declawing of any arge felids, for review by two independent veterinarians nominated by the New Zealand Veterinary Association, The provision of the AWS 130 instruction requiring the review of the ve ion Provided by Zion’s veterinarian was discussed with and endorsed by the feof Ne Zealand Veterinary Associaton > To ensure that MAF records as to which elds had already motors fang.ay whe, the AWS 130 Notice served on Zion Wildife Gardens Limited also roquired't {o provide the ‘The AWS 130 Notice was then served on Limited in accordance with the provisions ofthe Ct A subsequent held at Zion Wildife Gardens Limited and tl ‘The iss identified four lions and three juve with the leopards and cheetahs which e ‘as being appropriate or necessary far the deca ‘The ists provided by Zion W) ne MAF ED AW that Practice which had carrie Limited dite Gardens dedhits ofall arge flids vraas regards declawing ad been the principal veterinarian med nfomal advice receved by | reson bana offen Wide Gardens | ‘An investigation he MAF ED AW Team to establish the background to, and justification on ‘declawing ofits feds, and to ascertain possible offenders ang of offending under the Animal Welfare Act 1998. An informal i with Messer's SEE. orincina's anc veteri e' aciice situated at} Auckiand, Tad frbapals at the veterinary practice had been involved in the declawing of ited lions and tigers tT request, in approximately, Sawing of felds was Insttuted by Zion, 3n Wildlife Gardens Limited Zoo operation and wildife park was stated on property at Kerker! The land and building which comprised the Zoo were ng ease6 by Kor SN. Veterinarian principals advised thal NMA had been a previous the practice before he purchased the Zoo facilty and operation at Kerikeri. The frst between! 2 ne \ternaianpracioe occured when | EERE 2c formerly resided in Papakura and had been a client of the practice in a private capacly (eam V 2's contre that at some time in 2000 SENN approached them Garyetnceunie: Trerosnetiie ey dina nenterete tastiomrior Seguahacateg s ery ty pasion, They sare oer rahe! sprees peeores SAAMI. because ho was anare tat thy had extensive large seal experience due Ciaran racic Ivcvement wi hon, Investigation Summary template 180608 4 ~ Enforcement Directorate Ingicated atthe tine ven TIE Vets were fist approached, that Tig nepal rationale for font pad decawing of the Teles wes ‘To protect them from damage by and to each other when traveling and when in cose proximity with each other ‘© Protection of himself given a need to interact physically with the animals f umber of reasons such as vaterinary intervention and er | environment “The need to interact physically withthe animals in preservation ofthe endangered species as a grou Vets advised that they had undertaken anu

You might also like