Reserved judgment — disposal of animals seized or taken — commercial kennels — dog breeder — animal cruelty — Purina Body Score Chart — Animal Welfare Act 1999, ss 124, 127, 136A & 166 — State Sector Act 1988, ss 28 & 41 — New Zealand Bill of Rights Act 1990. The applicant, on behalf of the SPCA, sought orders pursuant to s 136A of the Animal Welfare Act ("the Act") relating to the disposal of animals seized or taken into custody. The respondents owned a commercial kennel where they bred German Shepherd dogs. The applicant had investigated information received about dogs barking, and found six dogs on the respondents' 549-acre property which had been tied up to trees some 1.8 kilometers away from the homestead without water or shelter. After removal, the dogs were assessed by a vet as being thin and having various ailments. The respondents contended that the applicant had not been properly appointed under s 166 of the Act and that therefore the proceedings were invalid. The Judge rejected this argument and determined that the applicant had been appropriately appointed. With regards to making orders under s 136A, the criteria in s (4)(a)-(i) must be satisfied. The Judge noted that both respondents were identified as the owners of the animals, there were six dogs which were the subject of the application, the animals were kept for breeding purposes, the cost of holding the animals by the SPCA to date was around $170,000, the animals were in poor physical condition and it was therefore inappropriate for the animals to be returned to the respondents' property and the SPCA could reasonably retain possession of the animals until fostered out. There was no evidence of loss to the respondents as they claimed they did not make money from breeding. The Judge was therefore satisfied it was appropriate to make orders for the dogs subject to the conditions that the proceeds of sale be held by the applicant after deducting costs incurred; and that the applicant pay the balance of the proceeds of sale (if any) to the owners after the determination of the proceedings. Judgment Date: 5 December 2019.