I. INTRODUCTION

In November 2019, the Ministry for Primary Industries (MPI) published a discussion paper on a review of the Livestock Export Rules.

 The consultation closed on 22 January 2020, with a release of decisions expected to be published following review of the submissions, of which will be published on the MPI website in due course.

 The consultation undertakes a review of New Zealand’s current livestock export rules, concerning cattle, sheep, goats and deer, with the export of horses, poultry and seafood falling out with the scope of the review.

 The aim of the consultation is to reflect on how New Zealand can improve the welfare of the livestock being exported, while protecting New Zealand’s reputation as a responsible exporter.

 The consultation puts forward four options for consideration:

1. A total ban on the export of livestock;

2.  A conditional ban on the export of livestock;

3. The introduction of new regulations to enhance the system; or

4. Continuous improvement of the current rules

II. ANIMAL EXPORT INDUSTRY IN NEW ZEALAND

Since 2008, New Zealand has prohibited the export of livestock (cattle, deer, goats and sheep) for slaughter, without prior approval of the Director-General, promulgated by the Animal Welfare (Export of Livestock for Slaughter) Regulations 2016 [1].

 Accordingly, animals are only exported for breeding purposes, and this is undertaken mainly to improve the genetics of stock in the importing country and provide assistance to developing countries.

 Bearing this in mind, it has been queried why New Zealand does not merely export animal genetics (embryos and semen) only,[2] and this was addressed in the consultation paper, specifying that:

• Animal genetics are only useful to importers if they have suitable recipient animals i.e. animals that are healthy, of an appropriate age, and physically able;

• Using animal genetics requires specialist skills and technology, which is costly;

• There is a risk that successful pregnancies and the birth of healthy animals will not result; and

• Embryo collection can be difficult.

 Notably, despite the challenges of exporting genetics, the consultation paper notes that the overseas demand for deer is largely satisfied through genetics exports, although this is mainly owing to the challenges of exporting live deer.

 Accordingly, cattle, goats and sheep make up the majority of New Zealand’s livestock exports.

  

III. CURRENT LIVESTOCK EXPORT RULES

As noted, the 2016 Regulation has effectively brought exports of livestock for slaughter to an end, albeit
exports for breeding continues.

 Livestock exports for breeding are governed by the following legislation and regulation:

• The Animal Welfare Act 1999;

• The Animal Welfare (Care and Procedures) Regulations 2018; and

• The Code of Welfare 2018: Transport within New Zealand.

 In order for an export to be approved, exporters must meet all relevant requirements, which will include the following steps:  

Step 1: OMAR

• If the importing country requires a government guarantee, i.e. a veterinary certificate that the animals are healthy and suitable for export, then the requirements for obtaining a veterinary certificate must be agreed between the importing country and the MPI and issued as an Overseas Market Access Requirement (OMAR).

 Step 2: Register as an Exporter with the MPI

• Commercial exporters are obliged to be registered as an exporter under the Animal Products Act 1999 (APA).
  Where the application is approved, the exporter will be added to the publicly available list of registered exporters.

 Step 3: Prepare Livestock for Export

• Exporters must work with recognised agencies and the MPI verification services to prepare the livestock for export.

 Step 4: Apply for AWEC

• The exporter must apply for an Animal Welfare Export Certificate (AWEC) at least 20 working days prior to the intended date of shipment, however where the travel time is less than 6 hours (i.e. exports to Australia and the Pacific Islands) an AWEC is not required.

• If the application is acceptable, the exporter will be notified that an AWEC can be issued and they must comply with any conditions imposed therein.

• In assessing the application, the MPI will consider a variety of criteria depending on the mode of export (i.e. whether it is by air or by sea).

• Where the export is by air, the crate design and any refueling stops may be considered.

• Where the export is by sea, the vessel’s ventilation system, the pen design and length journey may be considered.

 Step 5: Veterinary Check and Animal Health Export Certificate

• All livestock must be checked by a veterinarian prior to the date of shipping and the exporters must supply a completed animal health export certificate with details of the livestock to be exported.

  
  

 Following the export, the exporter must then complete the following:

 1. Post Voyage Report  

• The post-voyage report must record any illnesses or deaths of the animals and must be sent to the MPI within 20 working days of arrival

2. Post-Arrival Report

• The post-arrival report must outline the conditions of the animals in the first 30 days following arrival in the importing country and must be provided to the MPI within 60 days of arrival.

  
  

IV PROPOSALS

(i) Total Ban on Live Exports

The first proposal outlined in the consultation paper is a total ban on the export of livestock, entailing there would be no discretion for the Director-General to approve the exports in any circumstances.

 The MPI state that a total ban could however take a variety of shapes, such as banning live exports of certain species or certain aspects of exports e.g. journey length, export by sea or export by air.

(ii) Conditional Ban on Live Exports

 The second proposal outlines a conditional ban on live exports, where exports would ordinarily not be allowed unless the approval of the Director-General is obtained, and much like the proposal for a total ban, a conditional ban could similarly take different forms.

 The first option is a broad conditional ban, achieved by removing “for slaughter” from the 2016 Regulations and thereby prohibiting live exports for slaughter AND for breeding, where the approval of the Director-General is not obtained.

 The benefits of a broad ban include, simplicity, certainty and ease of implementation, but comparatively, is inflexible as it will risk regulating exports where the risk to animal welfare is low.

 The second option is a narrow conditional ban, namely a ban on the export of deer by sea. This option is compelling given the susceptibility of deer to stress and temperature changes in transit.

(iii) New Regulations

The third proposal suggests new regulations tackling matters that are not addressed by the AWEC process, involving regulation to set up an independent monitoring system and an exporter registration scheme.

Independent Monitoring System

• Regulation would be created under s.183(c)(h) of AWA establishing independent monitors, selected from a pool of suitably qualified independent animal welfare professionals

• The independent monitors would provide reports on the exports that would be publicly available.

• While this has the potential to increase transparency and accountability, it would also be costly, intrusive and there would be a significant limit on the extent to which New Zealand could empower independent monitors beyond their territorial waters.

Exporter Registration Scheme

• Regulation would be created under s.183(c)(h) of AWA establishing an exporter registration scheme, whereby those wanting to export live animals must apply to the Director-General to be registered.

• In order to be registered successfully, the exporter must be specified criteria as regards being a fit and proper person, of good financial standing, and provide evidence that the risks to animal welfare are likely to be managed appropriately and that previous exports have had successful outcomes.

• This scheme would increase accountability and public confidence, while also decreasing the number of one-off exports and encourage more exporters to forge long-term partnerships, which would be easier for the MPI to monitor.

• On the other hand, an exporter registration scheme would entail increased compliance costs.

(iv) Continuous Improvement of the Current Regime

 The fourth proposal suggests improvements to the current livestock export rules, with the first suggested reform being removal of the current AWEC exemptions. 

 As noted above, livestock exports can currently proceed without an AWEC where the journey is under six hours, therefore exempting live exports to Australia and the Pacific Islands. By removing the exemption, all exports, regardless of duration, would require an AWEC.

 The second suggested reform is an export destination approval process, which would involve more information being gathered about the transport and facilities at the final destination.

——————

Footnotes.

[1] Section 5 of the Regulation states that livestock must not be exported for slaughter without the approval of the Director-General.

[2] New Zealand does export animal genetics, mainly to Europe and Central and South America. Exports of animal genetics must comply with the requirements of the Animal Products Act 1999.

[3] Data sourced from the November 2019 MPI Discussion Paper and