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cc Group Director MAF Biosecurity

r--;.~~ ;~~~~n Animal Welare lnstilute of New Zealand l ~;,:.:·. ~ ,) ' ~~·_;_ ··

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+ P 0 Box SJ-2C8, Dtirangi, Waitakere City + New Zealand + PhCf1e: <-<34 9 811 8020 + Fax: +64 9 811 8010

+ Email: aWinz@amcom.co.nz

Neil Wells Trustee

? t .~ •• ~ 1 \f '0QQ ""· ' ( -' ' "·J•J

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ANIMAL WELFARE INSTITUTE Of N£W ZEALAND

Application to the Minister of Food, Fibre, Biosec~ and a~d.. Control to be an approved organisaw ~

Animal Welfare Act 1999 se~ ~

Introduction

Name of Applicant:

Registered Office:

Postal address: it~~d

• Graeme Coutts

• Neil Wells

The Deed of Trust is set out in Appendix V.

~~~te will operate nationally.

specifically in paragraph 10.

Procedures for Appointment of Inspectors Draft Memorandum of Understanding (MA.F) Draft Memorandum of Understanding (linked organisations) Draft Performance Contract Charitable Trust Deed Policies

The principal purpose of the Institute is to promote the welfare of animals.

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The Institute aims, inter alia. to provi.de a national body to which indivi.dual Inspectors will be properly answerable.

3. Waitakere City Pilot Programme

4.

lfate Services considered a number of strategic options­

No change

Change to a local authority trading enterprise (LATE)

Formation of a not-for-profit body to act as the interface between communjty and service delivery.

It was the third option that gained favour- the formation of a charitable trust.

Over the past 3 years the City Business Advisory Unit and Animal Welfare Services have been developing the concept of forming a charitable trust. This process commenced before

. the policy of "approved organisations .. was included in the Animal WeU'are Bill (No.2).

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5. Management systems

AWlNZ wi.ll be responsible to l'vL-\F Biosecuri.ty Authority for-

• the integrity of the system.

• the performance of employer groups (hnkecl organisations), and /(

the performance of each indiv1d~al Inspector. ;(/) A r?~

This will be achieved. rn a number ot ways. /'.... ~ '\:::::!) At the commencement of the pilot programme in 1995 AWSA~ ~ qu~urance system. The system is robust and it is against this quality~~ th~e ~as:: Compliance Group has carried. out tts audits. With ap~e arne this system will be taken up by AWU'!Z. ~ v ~

The integrity of the system will be maintained b~d/) ~~{;0 • a memorandum of understanding betwee ~ ·osecurity Authority;

• a performance contract between AWIN h ~t ; and

organisation) and A WTNZ. -;,. ~ • a memorandum of understanding b t ~I e ~ s employer (the linked

A;; well as a Board ofTrustees resp~f~ all functioning of the Institute. the Board will form advisory com~ for~~ liinctions such as-

• training and operatio;t}}~ds ()

• fundraising & /(~ • financial policy ~ ~

• strategic . ~ AWINZ will wi~s st)1ategic partners (including MAF) on any appointment to an adviso · e "\;............_ V

<2~ 6. · stems and Audit

6.1~a · y Systems

~~will establish a quality syste~, whic_h :nm include objective evidence of compliance ~he programme that can be audited. It IS mtended that eventually the quality systems will be certified to ISO 9002 or similar quality system.

6.2 Internal Audits

AW1NZ will carry out an internal audit of the performance of Inspectors and compliance with the terms of the contract between AWINZ and MAF Biosecurity Authority each 6 months during the programme. This audit will include an audit of the linked organisations' compliance with the memorandum of understanding.

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Where a linked organisation has more than L operational base or branch an audit wi.[l

include each operational base or branch.

This internal audit may be contracted to a suitably qualified consultant.

6.3 Extrinsic Audits

\l~ Compliance Group will conduct an extti.n~ic audit of AWINZ ~· Uy or~t ~er intervals as are agreed between :Vl-U' Btosecunty Authonty an~- . . p f s audit 0/l:.\.F Biosecurity Authority may carr.y out rando~ auctics o · . or~G'an -· · .

A :CVLAF audit may include an audit of the linked orgarusat~ ~ liance · e memorandwn of understanding. Where a linked organisat~ ~an operational

base or branch a MAF audit may mclucle each o:fW: ~ ~ 7. Linked organisations m 4~

~ a b~~~t ofW aitakere City

8. Other links

l>J-LUI3o.QI>J. t . Z. Its Inspectors will h that each Inspector will be

.,.,""'NJ"''~J.urmance contracts for the rntment under the Animal WeLfare

.. . t of AWS will be vested in AWINZ. All the

It is not intended that animal welfare compliance services operated by or for AWINZ will be delivered exclusively through officers employed by territorial authorities.

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Over the past t'ew years other groups have inciicated an interest in animal welfare compliance activities. For instance, the New Zealand Veterinary Association has confirmed that some individual veterinarians would be interested in becoming Inspectors.

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122. Criteria--(1) The Minister must. before declaring an organisation co be an approved

organisation for the purposes of this Act. be sacisf:ied. by the production to the Minister of

suiwble evidence. that-

(a) The principal purpose of the orpnisation is to promote the welfare·of animals: and

(b) The accountability arrangements, financial arrangements. and managemem of the

orga~ismion are such that, having regard to the int.erests of the public. the org94i(ation

is suitable to be declared to be an approved orgarusat1on; and~ ~ (c) The tunctions and powers of the organisation are not s~ch~h _ ·s~ c,0'\Jld

~ace a conflict of interest if it were to have ~och. those fun ·o s ow.~er~ ~ functions and powers of an approved orgarusatwn; an~ . \/

(d) The employment contracts or arrangements between g ~·on an e

organisation's Insp~tors and au..~~ry ~ffi.ce:s are such t . cr- egard to the

interests of the public, the orgarusatwn lS swt ~ e dec~ n approved organisation; and

(e) The persoflS who may be recommended fo en~ rs or auxiliary

offic(:~~ill have the relevant techni~@an~d e~ to be able to exercise competently the powers, duties, ~s c on Inspectors and auxiliary

(ii) Subject to section 108, . 8 erl ole to the organisation. officers under this Act; an~ ~

(2) The Minister may, in makin ar section 121, impose, as conditions of

the Minister's approval~~~ rela establishment by the organisation of

performance stand~~~c ~ for Inspectors and auxiliary officers.

10. The lnstitu~· The In~tu~:~ m~ . criteria in the following manner-

10.1 Prm~\!;p~ />

The a . p~~e Institute is to promote the welfare of animals (Deed of T 4-~~V). .

o~~ted purpose set out in the Deed, the way in which this purpose will ans ~ractical policies is set out in Appendix V.

,_...,~ .... "'untabi/ity arrangements

~ of Trustees will control the Institute.

~eed provides for the appointment of further trustees up to a ma.timum of 7. Before appointing additional Trustees the Board will consult with its strategic partners and have regard to the needs of the Trust, the Trust's activities and .the skills required by the Board, and the extent to which the appointee will enhance the balance of those skills.

The Deed provides that the Trust Board will prepare a report on the administration, performance and affairs of the Institute in respect of each 6·month period. The report will contain the matters specified from time to time and will be prepared within 6 weeks of the conclusion of each 6-month period to which the report relates.

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Further. the Trust Board will prepare an annual report on the administration. performance and affairs of the Institute within 3 months after the conclusion of each financial year. The report will include the annual business plan and operating budget.

These reports will be available to the Group Director, NlAF Biosecuri.ty Authority, and may be utilised by the i\'L\.F Compliance Group for audit purposes. /.(

A memorandum of.understanding :mu cover the responsibility of A~ t.._o 'IYL#~ Biosecuri.ty Authonty (see Appendix Il). /'..~ '-0 10.3 Financial ~rrangements . . . .· /J~ v ~ The. Institute Board .will keep true and taJ.r acco.unts~f ll ~~ r~. or expended. The accounts will be audited by an accountant appOinte ~ a~p ~ .

The Waitakere City. Cou.nc~l has pro.vide~ estab~~ n · Qt. e Institute. Future funding for the Institute :nu be denved fro~~/.(~

• Charitable donations · S) ~ , · • Fundraising activities ~ ~ • Grants from philanthropic ~~&~s-~ • Accruals from business act~~at ~al welfare • Fees for providing qu · assuranc

• Corporate sponsor · 0 rcy . • Bequests /(/)'-0

: ~:=ilgr~~· ~ . A WINZ will · 1£· its lon . financial robustness and reliable sources of funding by AWS con· · ~-~e;!._~~ a business unit ofWaitakere City Council. AWINZ will also en~e ~ y ~ed organisation has long term financial robustness.

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~~a. fs~o_n unit headed up by a Chief~xecutive Officer will. rr:anag~ the . t1 ~· will be accountable to the Institute Board. The ad.mnnstrative unit will

be e · y Neil Wells who has 28 years experience in animal welfare organisations.

I~. ere will be 2 teams. one based in Waitakere City and the other on the North

~overall manager of AWS is Tom Didovich who is currently warr2.<1ted and who has been involved in management of animal welfare and control for over 10 years. :"

Tjle team lead~r in Waitakere is Darryl McLeod who is currently warr~ted.

The team leader on the North Shore is Jane Charles, who is qualified for appointment as an Inspector. ·

Each area has a team of 6 officers including the team leader.

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10.5 Conflict of interest

The minimum training standard will be the National Certificate in Compliance and Regulatory Control (Animal Welfare), a qualification developed by the Public Sector Training Orgap.isation, registered with the NZQA, and approved by the Group Director, MAF Biosecurity Authority.

An applicant will be required to gain the following unit standards to qualifY for an initial appointment-

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• L4:2:34-Demonstrate knowledge of animal welfare legislation as it applies to appointed fnspectors

• 422:3-Describe the powers of a compliance officer.

13. Operational research

One of the objects of the Institute is-

To support and encourage operational research into animal welfare, protection, control and conservation issues;

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Appendix I

15. Procedures for the Appointment of Inspectors ~

1 .. Requirements . ~® ©J The Minister for Food, Fibre. Biosecurity and Border Contr~a: p int ~persons

delegated to the Director, Animal Welfare, :Nf.AF Biosecurity Au ori _ · · tty of as Inspectors under section 1:24(2) of the Animal Welfare .. 4. 9. ~po':~a~ been

Agriculture and Forestry. ~ ~

::~a being considered for appointment the~~~~d the following

• The applicant is a person of good char ~ ~ • Testimonials from the applicant's er ~.~ ~~e~ persons of repute has been

submitted ~v

• The applicant is free~f an ·ction f~al offence may compromise the integrity of the progr T ap~~~uired to list any conviction and consent to A W1NZ seeking a rt. 0

• The applicant h · e · of having completed an approved course of training

3. Period of Appointment

An initial appointment will be made for a probationary period of 6 months and may be renewed each 12 mouths at the discretion of MAF Biosecurity Authority provided the

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(nspector remains in the employ of a linked organisation, is continuing studies for the National Certificate of Compliance and Regulatory Control (A..nimal Weli"are) and his/her performance has been satisfactory.

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Ministry of ,-\griculture and Forestry

DRAFT Form Number AWLNZ-001A

.-\nimal Welfare Institute of New ~aland · A APPLICATION FOR APPOINTMENT AS INSPE~ _kT~l)~~

SECTION 124(2) OF THE ."u'<11'!AL W~~~

Name: ________________________ ~

1.

3.

4.

5.

6.

7.

For .-\WtNZ purposes

For 1-JL>\F Biosec'llricy Authority

oses

Is Form AW1NZ-001D completed and signed?

Is a copy of training certificate attached?

Suitability of applicant checked and all forms in order

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MAF Biosecurity Authori ·

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Appointment made: _/ __ I _. :\ppointmenc expires: _/ __ ! __ .

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:Vlinistry of Agriculture and Forestry

DR.<-\FT Form Number AWINZ-OOlB

.-\.nimal Welfare Institute of New ~aland & APPLICATION FOR APPOINT:\'IENT AS INSPECTOR U?'r~RCTIP?~OF

THE .-'..c'HM.-\L WELFARE ACT ~~-'\;> ~

Family name:

Former name: (if applicable)

Place of Birth:

Present residential address:

Street:

Telephone numbers: Day: Night:

Present occupation:

2

aration by applicant:

PERSONAL DETAIL ~ v

~ationality:

Telephone numbers

Day:

Telephone numbers

Day:

Telephone numbers

Day:

(a) [declare that the information [have provided is correct.

Male 0 Female 0

Night:

Night:

0iight:

(b) I agree that I will perform the functions of an Inspector appointed under section 124(2) of the Animal Welfare Act 1999. ·

(c) I agree to execute a performance contract with the Animal Welfare Institute of :i"ew Zealand on appointment.

Signature: ____________ Date: __ / __ / __

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I DRAET Form Number AWL\fZ-00 lC

A.:.'H~L.'-\L vVELF.-\RE INSTITUTE OF L'fEvV ZEAJ.,..:\ .. 'fD

Officer in Charge Intelligence & Crl.minal History Police National Headquarters P 0 Box :3017 WELLI:NGTO N Attention: Projects & Liaison Officer

The person named has applied to be trained and ap of the Animal Welfare Act 1999. Please check thi Instruction Vl6(2) (2) (3) (5) and Appendi"< 15-

. ~ Last name · st

PO Box 60208 Ticiran[i

~l'CL>..'ib

~ s ~~under section 124 .· ~ ~re with Police General

~---

..... ./ ......... / ..... . Date

CONSENT BY APPLICAJ.'iT

"'+-"+---------consent to the disclosure by the New Zealand Police of the details : any convictions I may have pursuant to this application to the Animal Welfare Institute of

clrew Zealand l

£ignature _____ _

I Date __ _

Police comments:

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DRAFT Form Number AWINZ-OOlC

Ministry of Agriculture and Forestry

Animal Welfare £nstitute of New Zealand

APPLICATION FOR APPOINTIIE~T _'-\5 INSPECTOR UN...., ....... v ..... TI~ I AU1'HORISE the di~l?sure of all_information desc~ein to, use of the information by, the Ministry of Agnculture and F~~ ~- rcy Tbis authorisation applies to all information~·e ~h ~eLfare Institute of New Zealand for the purpose of assessing m ~ · re mended for appointment as an Inspector under sec~C2/'J f t~ WeLfare Act 1999.

The information shall include but ~t~~.o~. ~ \) ~ (a) my application form; ~ ~~ v (b) written references; V. · (c) names of referee~; ~ (d) notes taken by the i sti te ofNew Zealand or tv'1AF Biosecurity

Authority during r re andlor interviews with me; (e) personal perfo ~or reports made by course instructors; (f) perso~al pe~ ~ reports made by my supervisors.

Fulln~~can~~~---Si~W,~~--·Date,_____: ~E PERSONAL INFORMATION

ON is_ hereby provided to individuals, in accordance with Principle 3 of the Privacy Act 1993, in ·6.1,a'I<J.OJZ to y information being collected that is personal information (being information identifying an

_,.,.lodf'<:nl'!:ual person):

0 e fact that personal information is being collected. . This information is being collected for the purposes related to the appointment of fnspectot'S under che Animal WeLfare .-\ct 1999. The recipients of this information are the .-\nimal WeLfare Institute of New Zealand and che l.lllinistrv of Agriculture and Forestry. · The agencies that are collecting and holding chis informacion are the .-\nimal Welfare [nsticute of ::-.iew Zealand, P 0 Box 60 208, 'I'itirangi, Auckland. and the llllinistry of Agriculture and Forestry. P 0 Box. 2526. Wellington. You are re,minded that under Principles 6 and 7 of the Privacy Act 1993 you have the right of access to. and correction of. any personal information that has been provided.

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Appendix II

DRAFT MEMORAl'IDUi.\I OF UNDERSTANDING ~

BETWEEN • ®> ~ The Ministry of Agriculture and Forestry, Bios a '1 :L-\F')

'liVHERE.A.S the ~linister for Food, Fibre, Biose-~--::rJF declare AWINZ to be an approved organisatio Animal Welfare Act 1999 ("the Act") on the -.v.v.L«L""'"-'

agreed to implement and administer a pro the criteria set out in section 105A ~f~

1. AWINZ agrees to: ~

(a) Establish a ~uality s

ol has agreed to ction 105 of the

Act and AWINZ has me") in compliance with

complian#/)~ro

(b) Imple(/9~li& after consultation and agreement with iYIAF;

(c) ~o ~ ~ appointing an additional Trustee or replacement

(d) · e~ ~~up Director, Biosecurity Authority, with periodic reports and ~ h ual ~n the administration, performance and affairs of the

~~ ~.ns ~d seek agreement with MAF before any new type of linked ~ -v. or ·sation is added to the programme.

-£ ~rovide or arrange for the necessary funding for the programme;

/(/)~ Ensure that training of Inspectors is carried out in accordance with the

© ~ pe:_formanc.~ standar~s and technical s~~dar?s in compliance_ with section

lODA. (l)(e)(u) and as 1m.posed by the Minister m accordance With section 105A(2) of the Act;

(h)

(i)

(j)

Ensure that each person appointed as an Inspector executes a performance contract as between the Inspector and AWINZ;

Ensure that a memorandum of understanding exists between the Inspector's primary employer and AWINZ;

Ensure as far as possible that no person nominated for appointment as an Inspector is actively involved with any animal rights group or activity;

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(k) Provide support services for Inspectors:

(l) Carry out regular internal audits of the quality system;

(m) Facilitate auditing of the quality system by i\'lAF and provid~ access~ documentation as requested by !Vlt\.F Compl1ance Gr~~tors: j~

Advise 0/L;\F by facsimile or e-mail when a decision ~rna t?a ('\.tiate (n)

wording of the charges and a surnmaiy of th which arges

(o)

a prosecution under the .-\..nimal WeLfare Act 19 N~~ will be based, and initiate such prosecution onl er~orki days have passed and wLA.F has not advised to th~trary; <I . . Record any decision not to prosec~· 6: tlie i~t on reveals that an offence has been com.IIl,itted butt ~t ~ant that no further action be taken or that a w~ en·

(p)

(q)

~ records secure in a~~th ~ Y cy Act 1993;

Not disclose any in£~~ ector other than to those who are entitled to the info ·o a with the provisions of the Privacy Act 1993 or for otn a

(r)

(s)

(e) Not disclose any information about an Inspector other than to those who are entitled to the information in accordance with the provisions of the Privacy Act l993 or for any other lawful purpose;

(f) Carry out such quality audits as are necessary and provide a report to AWINZ within 2 months of the audit;

(g) Where A W1NZ has advised MAF of a pending prosecution, contact AWINZ within 10 working days ifMAF has any reason to question the basis for the pro::;ecution;

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(h) Investigate . . the outcome a:dc~mplaint made aaal ~ any actlOn req . '=' n;:;t an Insper.t ulred. - or and report t o AvVI~Z

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SIGNED by - ---- ~ 5'~ 'Th1s a . greement is dated this .-dayof

~i~!~~~~-th·~d·~-~i~~i"\v~·ii~e r . ~l ~~ JfjJ an Ill the pre nstitute ~ \J . /\ :'~~;· .. . .. .. . --~-~c~-~f .. ) . ·/(;?;;: ~~ -~;;···· ............................. . ....... ; ~ .. @;···· ...... .

.~

by........ ~·~~ on behalf .... o .. f .. t.·h·····~:··············· ~ '/! ~v e lv.lini · · · · · · V.

:md Forest stry~-· ©) Ill th ry e

e presence of ~

;;;;;~~···;;· ........ ~ _/> ............. ) . . &v ~~··················

~~ ~~~

©

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Appendix Ill

vVHEREAS the Minister tor Food, Fibre, Biosec A WINZ to be an approved organisation in acco~2-~"''v

(b)

Facilitate auditing of the quality system by AWINZ and provide access to documentation as requested by AWINZ quality auditors;

(h) Advise AWINZ by facsimile or e-mail when an investigation is likely to result in a prosecution under the Animal Welfare Act 1999, and initiate such prosecution only when authorised to do so by AWINZ;

(i) Advise AWINZ of any decision not to prosecute where the investigation reveals that an offence has been committed but the circumstances warrant that no further action be taken or that a warning be given;

(j) Keep records secure in accordance with the Privacy Act 1993;

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2.

(k) Not disclose any information about the Inspector other than to those who are entitled to the information in accordance with the provisions of the Privacv Act 199.3 or for any other lawful purpose;

Refer to. AWlNZ any senous complaint made against~nspector ''~vise AWINZ of any trivial complaint made against an Ins and ~~ in which it was dealt with. . A.~ ~

AWINZagreesto: A~ v ~ (a) Establish a written quality system which indu~b~v~nce of

compliance with the programme; ~ ~

(b) Process appointment applications ~')lj;.;£ ~@yer without undue delay; ~A~ .

(c) Ensure that training of Ins ~ c~~ accordance with the performance standards ~-al t in compliance with section 105A(l)(e)(ii) and as · y the ·s in accordance with section 105A(2) of the Act;

(d) Maintain tr~cords fo~pector: (e) Provide l~JJ~ to@ Inspectors:

(±) Carry~~~· ~audits of its quality system:

(g) F~~~~ quality system by MAF and provide access to any ~~u.~.ation~ ted by MAF quality auditors;

(h) ~ re~ure in accordance with the Privacy Act 1993;

(1)

M~t ~~ an? inform~tio~ about the In~ectorlother.t~ru: to those who are e o the information m accordance With the provts1ons of the Privacy

~ ~ ct or for any other lawful purpose.

T~ent is dated this __ day of 20

~~ .. by···························· on behalf of the linked organisation in the presence of

signature

address

occupation

) ) ) ) ) ) ................................................................. . ) ) )

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SIGNED by........ I on beha·l·f·:o .. t·:·t .. h...................... ) e An .... of New zeal· d ~ lmal Welf~~ .. [ . ) an Lil the pre ns tl tu te )

sence of

::;:~' ... :·::::·:::·:·: ::: ::················· !··································~---··· .. ~ ;~~~;;;~ H 00 0 o>>o 0 00 .:·: 0 0 ) /(~~ ~-00000000000 v:;:;: v \0' _ (' . ~ ~ .

©({f)~© . . ~~~~

. :IP~ ~# ~~ .. ©

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Appendix IV

DRAFT PERFORlVIANCE CONTRACT /Z_

APPOINTIVIENT OF INSPECTOR UNDER sEJ6hoN ~1f9F THE ANIMAL WELFARE~~¥

'"the Inspecto~ f(j~_ AND ;?/)~ -v, '0

BETvV"EE:N

The Aruma! Welfare Institute of New Zeal~~

WHEREAS the Inspector has compl ap~o ~of training and has been appointed under section 124(2) of al ct 1999, "the Act", and under a memorandum of understanding bet A~ the l\llinistry of Agriculture and

~~~restry \MAF). fJ}) © ~"' (a) Carry o ponsibilities of an Inspector in accordance with the

Act · fav · , and accepts that these responsibilities extend to ~ s ~ n limited to any single species;

(b)~~~5t aJJainingm accordance with the performance standards and ·c ds in section 124(1)(e)(ii) and as imposed by the "Minister in

. ~ cc~ th section 124(2) of the Act;

;?/) ') A~ee.C direction of the Director-General of Agriculture and Forestry in the ~~ ex c· and performance of the powers, duties, and functions conferred or ~"V", ~ sed on him or her under the Animal Welfare Act 1999 .

•. ~"iiiS.ere to the procedures set out in the AWINZ quality system;

© (e) Resign ~s/her office as~ Inspector and surrender his~er documents of

appomtment to wfAF if for any reason the Inspectors employment with the Inspector's linked organisation is terminated whether by resignation, dismissal or howsoever. The Inspector acknowledges that his/her appointment as an Inspector under the Animal Welfare Act 1999 is not a condition of employment and a resignation of his/her warrant under this clause does not affect any personal dispute proceedings taken under the Employment Contracts Act 1991;

(f) The Inspector acknowledges that the first term of appointment is probationary in nature and that there is no assurance that the warrant will be renewed

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AW1NZ agrees to:

signarure

) ) ) ) ) ) ................................................................. . ) Inspector

) )

) ) ) ) ) ) ................................................................. . ) )

...................................................................... ) address

occupation

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Appendix V

Animal Welfare Institute of New Z~And ~ Charitable Trust Deed ~~ ~

DEED dated the day of 1999 ~ ~ ~ PARTIES . • .. ~ ~ Nuala Grove, of Auckland, retired~~ AND @ ~" Sarah Gil trap, of Au~~~ AND ~~~ Graeme Cout~~ment consultant

Al'ID ~) ~ /)

,~~s~&ard/.

() . provided for in this Deed.

B. The Settlor has accordingly paid or caused to be paid into the joint names of the Trustees the sum of ten dollars (S 10.00) (the receipt of which is acknowledged by the Trustees) to be held by the Trustees together with any further sums or other assets acquired or vested in the Trustees upon the trusts and with.and subject to the powers and discretions set out or implied in this Deed.

C. The Trustees have agreed to act as Trustees of the Trust and constitute the initial Trust Board of the Trust.

D. The parties have agreed to enter into this Deed specifying the purposes of the Trust and providing for its control and government.

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COVENANTS

1.

2. Name of Trust

The name of the Trust will be "The An· ( or such other name as the Board de

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3. Declaration of Trust

4.

de animal welfare services;

courage and develop by humane education individual responsibility for the welfare of animals, and the promotion of humane attitudes in society to animals and people;

0 (d) To establish a quality assurance body for the enhancement of quality assured \:::::::!) standards in animal welfare compliance activities, animal care and animal

utilisation;

(e) To support and encourage the study of animal welfare issues;

(f) To co-operate with Government agencies 'in the reform of laws for the welfare of animals. and the promotion of humane attitudes in society to animals and people;

(g) To advance the aims of the Trust by seeking the support and advice of all available moral. educational, legislative and scientific institutions, and strategic partners;

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(h) To maintain effective liaison and to seek co-operation with organisations in 0iew · Zealand and elsewhere in the world having similar objectives.

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7.

7.1

(k) To do ail things as may from time to time appear desirable to enable the Board to give effect to and to attain the charitable purposes of the Trust.

Trust Board

A Trust Board will administer the Trust.

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r::t::oard" or such other name as the~Bo~nn~s e to time.

where a vacancy occurs t:he remai · a- t es ct til a replacement (1) The Board will consist of not less t~ o~e · embers, pro...,ided that

Trustee is appointed. The init!~ of~ will be the four signatories

who signed this Deed as Trus~~~v - .

(2) The Trustees may appoin"'-~h'fee · · 1 Trustees. Before appointing additional Trustees unde~~ rd will consult with its strategic p~tners ~d have9to the n e Tru~t, the Trust'.s activities and the skills reqmred~b~ E d ~ . nt to which the appomtee will enhance the balance of s · /( /)'0

7.3 Alternates ~ ~ . .

A Truste. ~ , mth<tl\..~ t of the Boar:L appomt .any person to be an alternate Tru . m t e rus,:=ee~ e but such appomtment will have effect only during su · as ~T~e will be absent from New Zealand, and the Trustee may ~· v Board revoke or alter any such appointment of an alternate

K y of any term of any term of appointment each Trustee, unless a person to ;?;; hom any of the provisions of sub-clauses (a), (c), (d), (e) or (f) hereof applies, will ~ e eligible for reappointment. © (2) The office of a Trustee will become vacant if a Trustee-

(a) Dies or is found to be a mentally disor~ered pe:rson. ~ithin the meaning of the Mental Health Compulsory Assessment and Treatment Act 1992; or

(b) Resigns office as a Trustee by giving 30 days notice in writing to the Board; or

(c) If removed from office by unanimous resolution of the other Trustees, in the case of a Trustee appointed by the Board; or ·

(d) Is declared bankrupt or makes an assignment to creditors; or

(e) Faifs to attend 3 consecutive meetings; or

(f) If an event occurs as specified in section 43 of the Trustee Act 1956.

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(:3) Every vacancy occurring among the Trustees will be tilled as soon as is convenient. Subject to claLise 7.:2.2. the Board may appoint any suitable person to be a Trustee to till any vacancy in the office of Trustee.

8. Payments to Trustees

9.

Trustees wi.ll be honorary provi.ded that Trustees may be expenses incurred while on Board busmess at the soleA.U..:· "'-.l.o'Ci

··~-='""""'ii...U.UL.Uistration, performance and affairs of the Trust """'"'"'·"VV'-equired by clause 14.3.

· m~~~d management and risk management practices consistent ~ ~~mmercial business and the objects of the Trust.

Q~c ~

h~ tcers of the Board

~ The officers of the Board will consist of the following-

( a) A Chairperson who will be a Trustee and who will be appointed by the Board. The Chairperson will retire Erom that office at each annual meeting of the Trust and will be eligible for reappointment by the Board;

(b) A Deputy Chairperson who must be a Trustee and who must be appointed by the Board. The Deputy Chai.rperson must retire from that office at each annual meeting of the Trust and will be eligible for reappointment by the Board;

(c) A Secreta...] who must be appointed by the Board and whose duti8s will be to give notices of all meetings, to keep minutes and records of all meetings of the

29

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Board and of any committees, and perform such other duties as the Board may direct and as are normally incidental to the office of secretary. The Secretary may also carry out the duties of Treasurer. The Secretary must attend all meetings of the Board. unless the Trustees other"<Nise direct but will not be entitled to vote;

(d) A Treasurer who must be appointed by the Board and who must hav~stody of the books of account and financial records and. subJ~t the ~·re o/~~f the Board, will be responsible for the funds of the T . 1 b ty of the Treasurer to see that all statutory and other req ts wi renee to the financial affairs of the Trust are complie · tha:~ovisions of this Deed as to such matters are carried o · · he Trea er's powers, and perform such other duties as the Board may erm d s are normally incidental to the office of treas The Tre . ay attend all meetings of the Board unless the T~~ · but will not be

entitled to vote. ~ ~

12. ChiefExecutiveOfficer ~ ~- ..

The Board may appoint a c~· ~~~~o~ such terms and for such period and with such dutie d t such tion as the Trustees will determine. Such person may · ~ ppointment, also act as Secretary and/or Treasurer oft t resporr the Board but directly responsible to the Chairperson of . 0 The ChiefE~e · ce#)JS;t~

othe · · ; (a) Attend i~ipa ~eetings of the Board unless the Trustees

(b) r.e si le to t ard for the day to day functioning of the Trust and the ay~legate to the Chief Executive Officer any of the duties and powers

o oar subject to later confirmation by the Board or in a manner ;?/) "') ch d~ quire subsequent confirmation by the Board .. The Board will · & av~W~e to revoke the delegation to the Chief Executive Officer of any duty

~ (~nsib~ f::~ to day management of the Trust and must take every ~·~;; means to secure the due observance of the objects of the Trust and to ~ ~ pr teet the Trust Fund for rightful administration.

cg:; ~roceedings of the Board

13.1 Meetings

The Board must meet not less than 4 times per year, including the annual meeting, at such places and times as the Board will determine. Meetings other than the annual meeting and a special meeting will be·convened on no less than 14 days' notice in writing to each Trustee who is in New Zealand.

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13.2 Annual Meeting

13.5 Chairperson

At every meeting of the Board, the Chairperson or in the Chairperson's absence, the Deputy Chairperson must preside as chairperson. If at any meeting the Chairperson or Deputy Chairperson is not present within 10 minutes after the time appointed for

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the holding of such meeting or is preSBnt but unwilling or unable to act as chairperson, the Trustees present will appoint one of their number to act as chairperson of the meeting ..

13.11 Minutes of Meetings

Minutes of all resolutions and proceedings of all meetings of the Trustees must be prepared by the Secretary and, if confirmed at a subsequent meeting of the Trustees, must be signed by the chairperson of the meeting as a true and correct record of those proceedings

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14. Accounts and Reporting

14.1 True and fair accounts

15.

Every such delegation will be revocable at will and no such delegation will prevent the exercise of any power or the performance of any duty by the Board.

15.4 Delegate need not be a Trustee

rt will not be necessary that any person who is appointed to be a member of any committee or to whom any delegation is made be a member of the Board.

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C.

16. No private Pecuniary Profit and Exceptions

17.

~:l'O'W:IJ;tl may by consensus or pursuant to a motion decided by a two-thirds j y of votes by supplemental deed make alterations or additions to the terms ;<>;; d provisions of this Deed provided that no such amendment 'Nill-

~ (a) Take effect unless it is confirmed in writing by the board;

~ (b) ~etr~ct ~om t~e exclusively ~ha~table na~e of ~he trust or result in the '\:::::!) d.istnbut10n of tts assets on wmding up or d.issolut1on for any purpose that is not

exclusively charitable.

(c) Be made to clause Error! Reference source not found. unless the Inland Revenue Department first approves it in writing.

19. Common Seal

(1) The board must have a common seal which will be kept in the custody of the secretary, or such other officer as will be appointed by the Board and must be used only as directed by the Board.

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20.

(2) The common seal must be affixed to documents only in the presence of and accompanied by the signatures of two members of the Board.

21.

"Board" ' st~~ ' eans the Trust Board of the Trust constituted in acco~e~ · thisu~

"Ch~on~a.p-S)the person appointed by the board as chairperson pursuant . ~ !O~~rson appointed to act as chairperson at a meeting of the

957 and the Income Tax Act 1994 and also means and includes every - · · · · e purpose (whether religious, educational or otherwise) within New

an and which will be regarded as charitable by the law for the time being in Zealand. provided that any such charitable purpose will al.sO be regarded as

haritable under any statute. regulation or ordinance of New Zealand relating to · come ta."<, estate duty, gift duty or any other relevant statute for the time being in force in New Zealand.

"Chief Executive Officer" means the person appointed by the board as Chief Executive Officer pursuant to clause 12.

"Deputy Chairperson" means the person appointed by the board as Deputy Chairperson pursuant to clause lO(b).

"Deed" means this Deed of Trust as amended from time to time in accordance with clause 18 or as amended in any other manner permitted by law.

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"Financial year" means the year ending on 30 .June or any other date adopted by the trustees as the date up to which accounts will be made in each year for the trust

"Secretary'' means the person appointed by the board as secretary pursuant to

clause ll(c). /(

'"Strategic partn~r'' i.ncludes any corporate sole or any bo<W?f?eJ:_son~, ~~ corporate or unincorporate, with which the Trust has are ~or an e commercial or otherwise.

means of electronic communication.

"Treasurer'' means the person appointe~d~d ~ r puxsuant to clause ll(d). ~~~~ '"Trust" means the animal welfare ~ J. :~~as constituted by this

Deed. ~~ ~ "Trustees" means the ~~~~the trust whether original. additional or substituted. ~. ~ v

'"Trust fund" mean V • (a) All property of

vested, future

(b) All moneJji5..-i=l. ~S..14ll received pte

(c) The in~nts

~'«b)~ Ex~~ ~Wr~dWells ~~or~sence of

~·;;;;r1i· ... ······· ·············· ..... . @~ ........ : .......................... . occupa~ion

right, claim or interest, contingent or uitable;

property, both real and personal, which may be stees as part of the trust fund; and

erties from time to time representing the above and ments and properties.

) ) ) ) ) ) ................................................. . ) )

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( ~. ....... .

Signed by [ as Trustee in t~:ch o~ the Trustees] presence of

......... Witness

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Appendix VI

Draft Policies of the Animal Welfare Institute of N

aTX~~O'Q,>indiuidual responsibility for the ne attitudes in society to animals

The claims and interests of science, sport, entertainment, production of food and business do not exempt society from the obligation to eliminate ill treatment and avoid causing pain, suffering and injury to animals.

All animals under the control of or dependent on the owner or person in charge should be kept in circumstances appropriate to their species and under conditions that meet their needs for: (i) Proper and sufficient food and water (ii) Adequate shelter

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24.

(v)

The Institute is opposed to the infliction of pain, suffering and injury on any animal and that includes animals in laboratories.

The Institute strongly advocates the development and adoption of methods of research and testing that do not involve the use of live animals and to that end supports the principles of the 3-Rs -

(a) reduction of animals used

(o) repiacement of animal::; with non-animal alternatives

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(c) refinement of scientific technique.

'The Institute advocates that persons employed to care for laboratory animals should

26.

~:~~u::ir:::: in the necessary skills appropriate to the needs of the a~~

~L'ISl/U!e to killing wild animals, skilled d and animals must be killed without

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