How our investigations work

Every report SPCA receives is assessed by our team to determine the validity and the level of urgency, it is then passed to an inspector as a complaint, and they respond accordingly.

What happens from there will depend on the circumstances. Many complaints can be resolved with an educative outcome by utilising the enforcement tools and options available to Inspectors under the Act and within the compliance framework.

Where the response detects offending or where higher scale, severity and complexity are found the matter will move to full investigation and, where appropriate, may result in an Infringement Offence Notice, Written Warning or Prosecution outcome.

When investigating, inspectors make enquiries and gather evidence to prepare a case file. This may include executing search warrants, speaking to and taking statements from witnesses, collecting evidence (such as photographs, CCTV or videos) and seeking advice from experts such as vets.

Case files that are recommended for prosecution are submitted to our prosecutions team who will review all of the evidence and consider whether the case should be prosecuted and progress to court. When determining this they use must comply with the Solicitor - General's Prosecution Guidelines. These guidelines outline a two-part test for deciding whether to prosecute a case. This test, known as the "Test for Prosecution," requires that

1. the evidence is sufficient to provide a reasonable prospect of conviction (Evidential Test), and
2. a criminal prosecution is required in the public interest (Public Interest Test).

This means that our review must take into account not only whether or not there is sufficient evidence to proceed, but also other factors such as the circumstances of the offending, the seriousness or prevalence of the conduct, the need to send a deterrent message, the circumstances of the offender and whether any proper alternatives to prosecution exist.

SPCA is a private prosecutor and files considered for prosecution are further reviewed by an independent external prosecuting solicitor’s office, who then conduct the prosecution.

The more detail we receive, the better. Key information includes:

• A clear location/address
• A description of the animals involved
• A description of the people involved
• What was witnessed and when
• Any photo or video evidence (if safe and appropriate to collect)

Once an investigation is underway, we must be very careful about what information we share. Privacy laws, and the potential for court proceedings, mean we cannot disclose certain details, even to the person who made the report.

We know this can be frustrating, but protecting the integrity of an investigation is essential. Sharing details too soon or with the wrong people can undermine a case or even result in it not proceeding or being thrown out of court.

We understand the desire to raise awareness or hold someone accountable. However, posting details of an alleged incident online can seriously compromise our ability to investigate and prosecute.

Public posts can:

• Alert offenders before action can be taken.
• Potentially jeopardise legal proceedings.
• Risk defamation or privacy breaches.
• Result in harassment or vigilantism.

If you have information, please report it directly to SPCA, not social media. Let us do the work necessary to ensure the best outcome for the animal.

Animal welfare investigations can be complex and often require:

• Ongoing monitoring and evidence gathering.
• Veterinary assessments or behavioural evaluations.
• Cooperation with other agencies.
• Legal processes that take time (e.g. court dates, legal reviews, etc.).

We aim to act as quickly as possible; while following due process and ensuring we collect the evidence needed for a successful outcome.

Not always. Inspectors work within a compliance framework and our preference is to work with owners to improve animal welfare through education, advice, support or direction. Prevention is the aim, and our goal is lasting change. Many people are willing to change their behaviour once they understand their obligations.

However, in cases of deliberate cruelty, serious neglect, or where individuals refuse to cooperate, or reoffend, we may pursue prosecution under the Animal Welfare Act 1999.

We are required to consider two key factors before prosecuting:

• Evidential sufficiency: there is available and admissible evidence sufficient to provide a reasonable prospect of conviction; and
• Public interest: whether the prosecution is in the public interest.

Factors relevant to public interest may include whether the offending was premeditated, whether the person has previous convictions, the seriousness or prevalence of the conduct, and the need to send a deterrent message.

If the court is likely to impose a low penalty, or there are proper alternative options available to achieve compliance, these are carefully weighed up.

Sentencing is a complex process, and it is ultimately the judge who decides on the sentence, not SPCA.

Judges take into account various factors and often rely on background reports prepared by probation officers. These reports provide insight into the offender’s personal circumstances and guide appropriate sentencing options.

In many cases, the goal is not only to hold the individuals accountable but also to secure meaningful outcomes, such as lengthy disqualification and, ideally, lasting behavioural change.

While some offenders are publicly named after prosecution, sometimes names are not included on our SPCA channels. There can be a number of reasons for this e.g. to protect members of the public who may have the same name. In the past, people have targeted those who they believed to be offenders and on occasion have mistaken identities.

We understand how upsetting it can be to see an animal in a situation that appears unacceptable, only to feel that nothing has been done. However, what happens behind the scenes isn’t always visible.

In many cases, our Inspectors are actively working with the animal’s owner to improve the situation. This might involve providing education, tailored advice, or formal instructions. These interventions often lead to better long-term outcomes without needing to remove the animal or go to court.

Sometimes, what one person considers unacceptable may still meet the minimum legal standards. While these standards are the legal baseline, we know they don’t always reflect best practice, and we always encourage better care wherever possible.

If you’ve reported a concern and are still unsure, or if the situation is continuing to upset you, please get in touch. We’re always happy to talk through your concerns and explain what we’re able to do.

Penalties for animal cruelty vary depending on the seriousness of the offending.

• Offences in Part One of the Act, which relate mainly to failing to properly care for your animal (such as failing to provide proper and sufficient food), have a maximum penalty of 12 months' imprisonment and/or a fine of up to $50,000 for an individual, or in the case of a body corporate to a fine not exceeding $250,000.
• Offences in Part Two of the Act, which include deliberate acts of cruelty, have a maximum penalty of 5 years’ imprisonment and/or a fine of up to $100,000 for an individual, or in the case of a body corporate to a fine not exceeding $500,000.

Sentencing decisions are made by the courts and are based on the facts of each case. While SPCA works hard to build strong cases and seek justice for animals, we do not control the final sentence imposed.

It costs approximately $66 million to run SPCA every year, and approximately $15 million to run our Inspectorate. We only receive around $6.6 million of Government funding towards our Inspectorate, less than 50% of the total cost to run this service.

These funds cannot be used to cover any of our other organisation’s costs including centre animal care, veterinary treatment, transporting animals, or the day-to-day running of our Centres. This is why we rely so heavily on donations to operate.

If you have an animal welfare emergency during SPCA operating hours, please call, call 0800 SPCA NZ.

For sick or injured animal emergencies outside of opening hours, please call your nearest after-hours vet clinic.

If you believe an animal's life is in immediate danger and the situation involves criminal offending, please dial 111 and request Police assistance. NZ Police have the same powers to act as SPCA. Please note that the decision to attend remains at the discretion of NZ Police.

To make a non-urgent animal welfare report, you can fill out our online form.

In some instances, involving larger numbers of livestock, MPI will investigate as opposed to SPCA. Learn more about who to contact.