The law expert speaking up for animals

Some people are cat people while others prefer dogs. Animal law expert Marcelo Rodriguez Ferrere, however, is a goat person.

The associate law professor is an animal welfare and administrative law expert, a popular lecturer, keen tramper, film buff and vinyl collector. He’s also president of the New Zealand Animal Law Association.

Marcelo says his love of goats evolved while living on a Dunedin property where, in lieu of a lawnmower, the neighbours’ goats and sheep kept the grass under control.

“I did some general TLC for them, fixing a bit of footrot,” he says. “That was an education.”

He ended up far more attached to the goats than anticipated.

“They’re the best companion animals. They have the personality of a dog combined with the independence and self-sufficiency of a cat.”

Marcelo grew up on the Kāpiti Coast and was drawn to debate, articulating big ideas and “really thrashing them through”. His family would agree he is “pretty adept at arguing”, he says.

He studied law and arts, majoring in philosophy, politics and economics at the University of Otago, where he later taught. In LAWS101, his teacher was Professor Mark Henaghan, now a close colleague at Auckland Law School.

“I was inspired immediately,” he says. “That’s a pretty common story for people who have Mark as a lecturer.”

Marcelo’s interest in animal welfare grew gradually: first, from a desire to reduce his environmental impact; then, living in what was “basically a vegan commune” during his masters studies in Canada; and, finally, attending a talk at Otago University by retired Australian High Court Justice Michael Kirby, a staunch animal advocate, who encouraged Otago to introduce an animal law paper.

Marcelo took up the challenge in 2013.

Today, his research and teaching at Auckland Law School straddle public, administrative and animal law – the latter, a topic he helped revive after a hiatus of around 15 years.

His doctoral research argues that enforcement of our animal welfare legislation is failing to meet animals’ needs; it compares New Zealand and Alberta’s animal welfare systems and shows the worst-case scenario of under enforcement: systemic failure.

“We have some progressive legislation,” he says. “But we haven’t followed through with enforcement and funding.”

The enforcement of our Animal Welfare Act should be a joint effort between the police, SPCA and the Ministry for Primary Industries (MPI), says Marcelo. However, in practice, SPCA and MPI are generally left to shoulder the burden – and neither is sufficiently resourced to do so effectively.

“Not only does this directly harm animals, but it weakens the deterrent effect of the law, allowing a cycle of neglect and cruelty to continue. In this way, animal welfare under-enforcement frustrates the rule of law.”

In a recent think-piece for Newsroom, he pointed out the contradictory nature of this country’s animal welfare laws and international animal imports.

“It’s highly likely the 83 tonnes of liquid eggs we imported from China or the 4,600 tonnes of dairy we import from the US each year come from animals that likely did not have a good life. The animal welfare standards in these countries are woefully deficient, and while New Zealand is far from perfect, those standards would be far below what we require of our own farmers.”

He would like to see the role of a commissioner for animals created.

“We have one for children and for the environment. The common denominator is giving voice to vulnerable populations. A commissioner for animals could do that. It wouldn’t cost the earth, and it would show we actually mean what we say about animal welfare.”

Marcelo is equally passionate about administrative law, the legal frameworks that hold governments accountable.

“It has a terribly unsexy name, which is unfortunate because it’s crucially important.

“It’s about making sure the government, despite its significant power, stays within the limits set by parliament. Power isn’t unconditional; it must be exercised lawfully, with respect for human rights, due process and public engagement. Without those guardrails, the rule of law breaks down, and we risk a constitutional crisis.

“We can see the importance of this area of law at play in the US, and closer to home, there has been a lack of proper community engagement and abuse of urgency rules when enacting legislation, which disrespects the institutional safeguards we have in this country.”

Looking ahead, Marcelo is considering interdisciplinary work exploring New Zealanders’ complex relationships with animals – from national treasures like kiwi to introduced species such as stoats.

“I’d like to work with sociologists exploring how we relate to animals in New Zealand, not just through legal regulation, but through a sociological lens.”

As for his career highlight so far? It wasn’t finishing his PhD while teaching full-time, although that was “enormously satisfying”. It was surviving a live interview with veteran journalist Kim Hill for RNZ “and not looking like an idiot”, he laughs.

“Easily the scariest moment of my life.”

Sophie Boladeras