New Zealand Rodeo Cowboys Association (NZRCA) president and Wānaka resident Lyal Cocks says he is pleased a legal challenge against rodeo brought by animal advocate groups has been dismissed.

In July  2021, the New Zealand Animal Law Association (NZALA), together with Save Animals From Exploitation (SAFE), filed proceedings against the government and the National Animal Welfare Advisory Committee (NAWAC) intending “to bring an end to the unnecessary and unlawful practice of rodeo in New Zealand”.

They said the 2018 Code of Welfare, which governs rodeos, was unlawful; the government had failed to follow procedure when it was issued by neither notifying nor consulting the public; and it permitted rodeo activities which did not align with the Animal Welfare Act.

They wanted the code to be quashed.

The annual Wānaka Rodeo attracts hundreds of competitors and spectators. PHOTO: Wānaka App

The Decision

Last week (July 29) Justice Churchman dismissed the judicial review.

In his decision, he said the applicants’ (NZALA and SAFE) claims that the 2018 Code of Welfare: Rodeo was unlawful and that public consultation had been inadequate were unsubstantiated.

“The only unlawfulness that the applicants have established is the revocation and “reissue” of the [2018] code. This can properly be described as a minor defect or technical irregularity. It does not warrant…quashing the whole code,” Justice Churchman said.

It would be “a disproportionate response” to do so.

He said “this decision is not about the lawfulness of rodeos generally or whether rodeos should be banned. It relates to the consequences that should follow from agreed defects in procedure in issuing the 2018 Code”.

Protestors gather outside the Wānaka Rodeo grounds before the 2020 rodeo. PHOTO: Randall Richards

He said the 2018 Code of Welfare: Rodeo was amended as a direct result of the passing of the Animal Welfare (Care and Procedures) Regulations 2018 but he accepted there was no material difference between the 2014 and 2018 Codes (fireworks were banned at rodeos). 

The animal advocate applicants’ claim suggesting the purpose of issuing the 2018 Code was “to prevent the prosecution of rodeo organisers” was “untenable”, he said. 

Counsel for NAWAC said as both applicants (NZALA and SAFE) had been consulted on The Animal Welfare (Care and Procedures) Regulations 2018, then the applicants were “not deprived of the opportunity to ensure decisions were made lawfully”.

Justice Churchman said the applicants have not lost the opportunity to be consulted on any significant change to the Code. 

“They are, in fact, presently participating in a consultation process with NAWAC in relation to the current statutory review of the 2018 Code…,” he said. 

He validated the 2018 Code of Welfare: Rodeo, and encouraged the parties to settle costs.

Reaction to the decision

This was the second judicial review filed by NZALA and SAFE following their successful legal challenge of New Zealand’s pig farming industry which ruled farrowing crates unlawful.

SAFE said on social media that although the judge dismissed the judicial review the fact animal rights was brought before the court was “a win for the animals” and that SAFE will continue to work closely with NAWAC during the Code of Welfare: Rodeo consultation process.

The Wānaka App asked NZALA, which is established to improve the welfare of animals’ lives through the legal system, to comment on the decision and what its next steps might be. It didn’t respond.

NZRCA president Lyal Cocks said the NZRCA was pleased with the decision but believes the review should never have gone to court. 

“It was a frivolous waste of time and taxpayers dollars,” he said.

Before the review was even heard the parties had agreed whatever minor mistakes may have occurred in the issuing of the 2018 Code of Welfare could be remedied in the current Code review, he said.

“Both animal rights groups are participating in the current review and have the opportunity to make their views heard. The judicial review was just grandstanding,” he said.

He said he was looking forward to a new season of rodeo, which begins at Labour Weekend, including Wānaka’s annual rodeo scheduled for January 2, 2023.

The Act and Codes of Welfare

The Animal Welfare Act “adopts an animal welfare approach rather than an animal rights approach”, Justice Churchman said, which permits the use of animals for food, clothing,  entertainment or experimentation provided it occurs humanely. 

Codes of welfare (there are 18 codes covering a variety of animal interactions) establish minimum standards for persons caring for animals and include recommendations on best practice, he said. 

NAWAC is an advisory body of appointed experts in animal welfare and science and its purpose is to advise the government on issues relating to the welfare of animals and to develop the codes of welfare.

As well as the Animal Welfare Act (which was amended in 2015), the Ministry for Primary Industries (MPI) also undertook work to update the codes of welfare made under the Act.

In 2018, MPI introduced The Animal  Welfare (Care and Procedures) Regulations and, after consulting with NAWAC, it sought the minister's approval to “reissue” the 17 codes of welfare (including rodeo) that were amended by the new regulations. 

NZALA and SAFE were also consulted on the development of these 2018 Regulations.

As well as regular reviews of its Code of Welfare, every rodeo must be attended by a registered veterinarian and MPI inspectors, who monitor animal welfare, also attend.