12 January 2010
Experienced farmer convicted on multiple cases of ill-treatment to animals
Rotorua farmer Mark Spitz was yesterday convicted in the Rotorua District Court on multiple counts of ill-treatment to farm animals in his care. Mr Spitz was sentenced to 250 hours community service and ordered to pay $9340 in reparations.
Mr Spitz, a former Rotorua farmer and experienced farm consultant, was visited by a Ministry of Agriculture and Forestry (MAF) Animal Welfare Investigator in July 2007 after a complaint was received about dead and starving cattle on properties in the Rotorua area that Mr Spitz farmed.
The initial visit by the Animal Welfare Investigator found animals in poor condition with insufficient feed available, and two recently dead beef cattle. Many animals had a Body Condition Score (BCS) of three or less on a scale of 1 – 10.
Mr Spitz was given written notice to improve animal welfare conditions on his properties. The notice included requests to get a veterinarian to assess stock, to act on that advice, and to make sure the nutritional needs of the animals were being met.
Between July and September 2007 MAF Animal Welfare Investigators visited Mr Spitz's properties and issued further formal notices under the Animal Welfare Act, to resolve the animal welfare concerns. Over this time period it was found that he had done very little, if anything, to alleviate the growing concern over his stock.
There was ongoing concern about pasture coverage of grazing paddocks, and a lack of supplementary feed. An independent farm consultant's assessment concluded that feeding levels over the properties could be termed controlled starvation. Most animals were in very poor body condition as there was very little feed available and some animals had died while others subsequently had to be euthanased by MAF investigators.
In September 2007, after many issues remained unresolved and with the advice of an independent Veterinarian and Farm Consultant, MAF obtained a Temporary Enforcement Order that directed Mr Spitz to comply with the instructions given by MAF Investigators. A follow up visit showed Mr Spitz to be substantially in breach of that order, leaving MAF Investigators with no choice but to obtain a further court order to de-stock Mr Spitz's properties.
MAF Enforcement Acting Director Jacqui Pate said that Mr Spitz not only repeatedly ignored court orders and requests from inspectors but also made the situation more difficult for inspectors by continually moving stock between properties.
"If he had taken the advice and support offered by MAF staff and veterinarians, and accepted that his animals were in a bad state, he may not be in this position now."
"New Zealand has an international reputation for excellence in animal welfare, partly due to an approach to deter others by holding offenders like Mr Spitz to account. This conduct impacts on the reputations of all good farmers in New Zealand who take the welfare of their animals seriously."
A number of photos are available on request
Media Contact:
- Lisa Gibbison, Communications Advisor, MAF Biosecurity New Zealand
Phone: 04 894 0432 / 029 894 0432
