6 minute read
Companion Animals NZ update
DAVID llOyD, general Manager, CANZ
New Zealand Companion Animals Register (NZCAR) registration is the primary method of companion animal identification in Aotearoa, but what happens if the client presenting an animal is not the registered guardian on the NZCAR?
We have been pleased to discuss these situations with NZVA and VCNZ recently. In January, VCNZ posted some guidance on their website under News>technical Advice (full link here: https://www.vetcouncil.org.nz/Web/ News/technical_advice/technical_ advice__Microchipping_minefields. aspx ) the NZCAR allows implanters (that’s you) to transfer an animal from one person to another very easily, but occasionally ‘ownership disputes’ create difficult, time consuming and litigious situations. As owners of the NZ Companion Animal Register, we would like to reaffirm our offer to relieve veterinary staff of these tricky animal transfers. It is important to keep a good working relationship with your client (whether they are the registered guardian or not) and, after all, the contract for microchip registration services lies with NZCAR, rather than your vet clinic.
so, what can NZCAR support staff do with a dispute?
1. If the person in possession is
unaware the animal is already registered.
In most cases, a client who discovers they possess an animal that is registered to someone else will be agreeable to relinquish the animal, so the original guardian is happily reunited. If they are not, and you have their permission to alert us and share their details, you
Contact: https://www.companionanimals. nz/contact-us-
Monica Rodriguez from Pixabay
can pass the issue to our staff via 0508LoStPEt*. What will we do? a. With the permission of the person in possession of the animal, we will contact the registered guardian. b. If the registered guardian is happy to relinquish NZCAR guardianship to your client, we can do that and make a note as such in the back end of the NZCAR (visible only to
NZCAR staff) c. If they refuse to relinquish guardianship, we cannot change the NZCAR record to your client’s name. d. If they demand the animal back, we will not share your client’s details but will mediate between parties. e. If no resolution can be found, we will suggest pursuing a court decision. It is important to remember that animals are
‘property’ by law. While the SPCA and local council officers have power to seize and dispose of or rehome animals under the Animal
Welfare Act and Dog Control Act, the courts are the only entity who can determine who ‘owns’ an animal.
f. If we are officially directed to change an animal record by the courts, SPCA or Animal Control officer we will. For your protection, we recommend that clinic staff do not pursue this course of action. 2. If the person in possession asks
us to transfer the animal into their name.
Most commonly, we are asked to change the NZCAR listing by someone who is Not the registered guardian. In these cases, we follow a similar guideline as above. However, we have special protocols if the registered guardian does not respond to phone calls, texts or emails in a reasonable timeframe (this can take up to 3 weeks). We will also contact their secondary contact during this time, so please encourage your clients to add a second contact person to their account. 3. If the registered guardian is
deceased.
unfortunately, we have had ownership disputes over animals registered to guardians that have passed away. We have protocols in place to witness death certificates and also have a t&C that states that in the event of a guardian’s death the animal will be transferred to the secondary contact.
If we have established the guardian is indeed deceased, and there is no secondary contact, we will likely transfer the animal to the first person wanting to claim the animal.
Again, we strongly encourage people to list a trustworthy secondary contact on their account. 4. If there is a relationship breakup. often the partner or flatmate bringing the animal into a clinic will assign themselves as guardian and their partner or other flatmate as the secondary contact. In the event of a future ownership dispute, we will follow our protocols as above, which can cause some unhappiness.
Note: It is possible to list two or more names in the Guardian fields of the
NZCAR, however only one email address can be used to log in and manage the animal’s listing. In summary, we have seen and heard a wide variety of disputes about NZCAR listings and contested ownership of microchipped pets. We hear compelling tales from both parties, and it is impossible for us to be certain who is ‘right’ and who is ‘wrong’. So, we rely on a robust set of terms and conditions to determine our course of action.
key points
l Veterinary clinics can transfer animals from one guardian to another, but only with permission from the registered guardian. l You need your client’s permission to share their details with anyone (even us). l NZCAR staff rely on set rules to determine our course of action. l In unresolved disputes, NZCAR recommend the courts are the only way to ascertain ownership. l Scan and check your patients’ NZCAR records at vaccination time to ensure o chips are working, o chip numbers are registered correctly and o guardian details are correct. l Refer dispute cases to 0508 LoStPEt to save your staff time and angst. l updating NZCAR records is free for the lifetime the pet. It is funded by other registrations and our microchip sales. *Note our 0508 number – many clinics may have our old 0800 number listed on your websites and phone lists.
Did you know?
that more than one name can be entered in the guardian field? this is encouraged in cases of ‘shared custody’.
the NZCAR was previously managed by a third party. Now Companion Animals NZ manages the register directly – including selling our own scanners and microchips. to support animal charities, use the correct phone number – 0508 LoStPEt.
NZCAR Glossary
Agents: organisations that have Implanter or Enquirer status with the NZCAR.
Enquirer: organisations that can scan and search existing microchips on the NZCAR to help get animals home.
Guardian: a human that has an account on the NZCAR. Every animal must have a guardian and only that guardian can change, or consent to change, an animal listing.
Hazard icon: this icon denotes a hidden note about the animal.
Implanter: organisations that can search existing microchips, can register new microchips, and change records on the NZCAR. Veterinarians and Diploma-level veterinary nurses automatically qualify for this status. Lay people can apply after reading our best practice guide, completing an online test and being certified by a veterinarian. Owner: We avoid this term. Firstly, the NZCAR registration is not ‘proof of ownership’ so using the term ‘owner’ would be confusing and contradictory. Secondly, Companion Animals New Zealand prefers ‘guardian’ as it better reflects the status of companion animals as, well, companions.
In the event of the death of the sole registered guardian, our policy is to pass the registration on to the secondary contact.
