Legality of rodeo challenged in the High Court at Wellington

Animal welfare groups say rodeo goes against the Animal Welfare Act and should have stricter guidelines. Photo / Supplied

Rodeo has come under the scrutiny of the higher courts, as animal welfare groups say the activity violates the Animal Welfare Act.

The New Zealand Animal Law Association (Nzala) and Safe say rodeo violates the Act set up to protect animals, and have taken their case against the Agriculture Minister and the National Animal Welfare Advisory Committee to the High Court at Wellington today.

They are seeking a judicial review of animal welfare codes they say normalise the mistreatment of animals in rodeos.

Around 35 rodeos take place in New Zealand each year. They involve events including calf roping, bareback riding, steer wrestling, barrel racing, team roping, saddle bronc and bull riding.

The groups argue that New Zealand rodeos, upon first glance, contravene several sections of the Animal Welfare Act 1999, including section 10, which says there is "obligation in relation to physical, health, and behavioural needs of animals".

They say the Code of Welfare (Rodeos) 2014 set down by the Ministry for Primary Industry, looks to sanction and normalise the mistreatment of animals at rodeos and the 2018 review of the code isn't up to standard.

Safe chief executive Debra Ashton said at the heart of what they are doing are the animals and their welfare.

The National Animal Welfare Advisory Committee (Nawac) is responsible for making recommendations about codes to the Minister for Primary industries.

Nzala and Safe argue that there were procedural errors in Nawa's conduct in issuing the Code of Welfare for Rodeos. For example, a failure to consult on the Code.

Ashton said the group, along with Nzala, believe that when Nawac rewrote the code, didn't follow proper process. Both say they have made their voice loud as advocates for animals and their welfare.

"We've petitioned in Parliament, we've protested, tried to make that voice really really loud for animals but it hasn't been heard," Ashton said.

"Proper process hasn't been followed; we can't see a continuation of this occurring. Animals are at the heart of this. We have an animal welfare act that must be adhered to."

Lead counsel for the welfare groups Victoria Heine QC said the practice of rodeo is one that attracts great public interest and both support and opposition to the controversial form of "entertainment" are polarising.

Heine said the groups weren't in court to seek a legal ban on rodeo, but for a review of the laws around the Animal Welfare Act, and how the sport of rodeo goes against the welfare act.

"This court is not being asked to ban rodeo, that is a matter for the legislature," Heine said. "[It is] not something the court can do and not something we are seeking from the court today."

In a Horizon Research opinion poll commissioned by Safe in June 2020, results found that 51 per cent of respondents would support a ban on the use of animals in rodeo in New Zealand.

Twenty-five per cent were opposed to the ban and when poll takers were asked if they agreed that rodeo caused pain and suffering to animals and that suffering wasn't worth it for entertainment, 66 per cent agreed.

Justice Peter Churchman asked Heine about the success of their bid, and whether that would lead to a ban on rodeos.

Heine said there was nothing stopping rodeo from continuing, provided those who are practising don't breach the obligations they are under from the Act.

When Justice Churchman probed Heine on their stance regarding the 2014 welfare code, she said there were "serious questions of validity" to do with it.

Nzala and Safe will also argue that The Code of Welfare for Rodeos does not meet the purpose of the Animal Welfare Act.

They say that because the Code allows rodeo events such as steer wrestling and calf roping to occur, it is inconsistent with the principles of the Animal Welfare Act - which deems the creation of unnecessary pain or distress of animals to be illegal.

"A correct application of The Animal Welfare Act would therefore make Rodeos unlawful," the group say on the Safe website.

Justice Churchman acknowledged there was a "blunder" in the process in 2018, and this was accepted by the Crown and the activist groups.

Heine and her team went so far as to say the code and the improper process it went through deemed it quashable and should be set aside.

Ken Stephen, Crown lawyer acting on behalf of the Attorney-General, accepted that the lack of consultation for the 2018 code review was blundered.

Stephen said they accepted there was an error in the way the 2014 code was revoked and the way the 2018 code was issued.

However, he asked Justice Churchman to use his discretion and decline relief to Safe and Nzala.

"It's easy to say in hindsight how things should have been done," Stephen said.

The hearing will continue in the High Court at Wellington tomorrow. Photo / File

Justice Churchman asked Stephen how far away from a new code Nawac was, considering the previous two had been spaced four years apart.

"Are we talking months or years," Justice Churchman said.

Despite Nawac addressing the timeline later in the afternoon, Stephen said it would be months, not years when we can expect a new code for rodeo.

Defence counsel for Nawac Rachel Roff said their positions align with Stephen and the Attorney General.

Roff said progress was running behind in terms of a new code due to covid and preparation for this week's judicial review.

In terms of developing a new code, science underpins everything, according to Roff. The foundation of the process is set in scientific understanding.

Roff said the impact if relief is granted to the groups, who seek to have the code set aside, would be significant.

She continued and said the argument against relief was not only the impact, but putting away a safeguard of legislation and education to do with guidelines around rodeo.

The changes between the 2014 and 2018 codes "were materially identical" according to Roff.

This is the second time the two organisations have challenged the Codes of Welfare legally.

Nzala and Safe filed a judicial review in 2019 which challenged the continued use of farrowing crates, used to confine mother pigs for a week before giving birth.

Their bid was successful and the courts ruled that the Minister of Agriculture and Nawac acted illegally when they failed to phase out the contraptions.

The group say there has been growing criticism of rodeo in public opinion and said two bulls were killed during rodeo events in the 2019/2020 season.

A bull was euthanised at the Mid-Northern rodeo after an injury during the 2020/2021 season.

Safe CEO Debra Ashton says they're raising their voices for the voiceless. Photo / Safe Website

Safe chief executive Debra Ashton said at the heart of what they are doing are the animals and their welfare.

Ashton said the group, along with Nzala believe that when Nawac rewrote the code, didn't follow proper process. Both say they have made their voice loud as advocates for animals and their welfare.

"We've petitioned in Parliament, we've protested, tried to make that voice really really loud for animals but it hasn't been heard," Ashton said.

"Proper process hasn't been followed; we can't see a continuation of this occurring. Animals are at the heart of this. We have an animal welfare act that must be adhered to."