The legality of rodeo has been questioned today at the High Court.
There are around 35 rodeos taking place in New Zealand each year. Photo: 123rf
The New Zealand Animal Law Association (NZALA) and animal rights group SAFE want to bring an end to what they say is an "unnecessary and unlawful" sport.
While a judge decision won't ban the sport, the group say government might have its hands tied to do so if the case in in their favour.
SAFE and NZALA are taking the Agriculture Minister and National Animal Welfare Advisory Committee (NAWAC) to court over their code of welfare for rodeos, seeking a judicial review.
Their lawyers today argued proper process wasn't followed for adopting a 2018 rodeo-specific animal welfare code, and that rodeo under that code is in violation of the Animal Welfare Act.
Key principals of the act are that no animals should have unnecessary distress and pain inflicted on them.
Around 35 rodeos take place in New Zealand each year.
These events include activities such as calf roping, bareback bronc riding, steer wrestling, barrel racing, team roping, saddle bronc riding and bull riding.
A Code of Welfare (Rodeos) was set in 2014 by the Ministry for Primary Industry and updated in 2018.
SAFE and NZALA say the code normalises mistreatment of animals at these events and are therefore violating the Animal Welfare Act.
SAFE's chief executive Debra Ashton said animal welfare needs to be front of mind for legislation.
But the judicial review will not result in an outright ban on rodeo.
One of the group's lawyers, Victoria Heine QC, clarified for the court today.
"That is a matter for the legislature, but that assertion misunderstands the way in which the act operates," she said.
"The act does not explicitly, with a few limited exceptions, allow or prohibit particular activities and it certainly doesn't allow or prohibit rodeo."
High Court Judge Justice Churchman did question whether ruling in their favour will however make people hesitant to hold or participate in rodeo.
However, Ashton believes that if they win their bid, rodeo could be banned by government.
"If we win this case, it goes back to the government, essentially, and a draft code of welfare is redeveloped," she said
"Or, potentially, rodeo is put to an end because the government can't produce a code of welfare that would align with the act."
In 2020, SAFE and NZALA won a case against the government on similar grounds.
The High Court concluded that the use of farrowing crates and mating crates for pigs breached the Animal Welfare Act.
That case was referenced in much of today's arguments.
Crown Lawyer, Ken Stephen, told the court the government accepts it made a "blunder" with the some of the processes in adopting the welfare codes.
"Our theory of the case, which is different from our learned friends, is that what was intended, for example had it occurred, in the [20]18 code hadn't been put in place or labelled that, and the [20]14 code had two relatively minor amendments, then we wouldn't be here" he said.
The New Zealand Rodeo Society are the third applicants for the case, asking to be involved last year.
It's spokesperson says the group won't be commenting until a decision on the case has been made. The case will continue tomorrow.