New Dairy Cattle Code of Welfare issued

Last week (23 September), Minister Nicola Grigg announced an updated Code of Welfare for dairy cattle. While the consultation draft in 2022 had proposed a number of stronger protections for New Zealand’s dairy cows, many of these changes have not been carried through into the final code, representing a missed opportunity to respond to key issues and changing expectations around farm animal welfare.

Codes of welfare set minimum standards and recommended best practices for the care of animals in New Zealand and are issued under the Animal Welfare Act 1999.

The new Code of Welfare: Dairy Cattle (the Code) comes into force in April 2027 and is available to read on the MPI website.

The Code and associated regulations were publicly consulted in 2022, with more than 3,500 submissions received. Public consultation is an important part of New Zealand's animal welfare system. The Government's Animal Welfare Strategy recognises that New Zealanders have a role in shaping animal welfare standards and that the public has high expectations for the treatment of animals.

SPCA participated in the consultation process and encouraged members of the public to have their say, particularly on issues such as intensive winter grazing and the welfare of calves.

The final Code released in 2026 differs substantially from the version on which New Zealanders were asked to comment in 2022.

SPCA's review has found that all but one minimum standard has been amended in some way, while the overall number of minimum standards has been reduced by approximately one-third (49 fewer standards in total). Amendments have been made through consolidation, streamlining, redrafting and moving standards to recommended best practice.

It is difficult to understand whether these changes are a result of submissions from the public, as a summary of submissions has not been published yet.

Some of the more significant changes include:

• Intensive winter grazing: None of the three proposed regulations relating to intensive winter grazing will proceed. These proposals would have required access to drinking water, prohibited calving in muddy conditions, and required a clean, dry lying area. This may impact enforceability of intensive winter grazing rules.

• Shade and shelter: Specific references to shelter have been removed from the proposed minimum standards, except for calves. The final code instead relies on a general requirement to minimise thermal stress. This means there is less clarity about how the Animal Welfare Act requirement for shade and shelter should be met across a range of environmental conditions.

• Lying areas: Proposed requirements for a "compressible, well-drained" lying surface have been removed and replaced with broader references to a "suitable" lying surface. The final code also permits small stones, such as pea gravel, to be used as bedding for calves. The broader wording may make enforcement more challenging. For calves, research suggests those housed on stones show less play behaviour and may experience poorer welfare outcomes than calves provided with softer bedding.

• Virtual fencing: No new minimum standards have been introduced to regulate virtual fencing systems or the use of electricity on animals. Compliance with a voluntary industry standard is included as recommended best practice. As virtual fencing becomes more widely used, the absence of enforceable welfare safeguards may lead to inconsistent protections for cattle and greater variation in how these systems are applied.

• Transport of young calves: The minimum age for transporting calves remains four days. This is despite the National Animal Welfare Advisory Committee noting that the acceptability of transporting very young calves is likely to come under increasing scrutiny from both New Zealanders and overseas consumers. Young calves can continue to be transported at an age when they are particularly small and vulnerable, increasing the risk of stress, fatigue, injury and bruising during transport.
  

These examples are not exhaustive. Changes have been made throughout the document, including to sections relating to calf rearing, grazing and foraging behaviour, off-paddock housing, and statements around the bobby calf trade.

Minister Grigg is proposing future consultation on two regulations (around tethering of dairy cattle and prohibiting electrified backing gates). The status of a proposed prohibition for electroimmobilisation devices is unclear. We will alert supporters to future opportunities to submit on animal welfare legislation.

SPCA is concerned about a number of changes made to the Code since public consultation and continues to believe there are opportunities to strengthen protections for dairy cattle. At the same time, we recognise that most dairy farmers care deeply about the animals in their care and are already meeting or exceeding New Zealand’s standards.

We know many in the dairy sector are already working to improve animal welfare in line with the expectations of New Zealanders, and we encourage continued investment in improved animal welfare practices. SPCA looks forward to working alongside the sector to support further progress in dairy cattle welfare.