Impounding Act 1955

1: Short Title and commencement
1: This Act may be cited as the Impounding Act 1955.
2: This Act shall come into force on 1 January 1956.
2: Interpretation
1: In this Act, unless the context otherwise requires,— district driving charges section 15 entire fence Fencing Act 1978 fenced land local authority Local Government Act 2002 nearest accessible pound occupier
a: in relation to any land, other than land of the Crown, includes any owner of the land; and also includes any tenant, licensee, agent, bailiff, or overseer of any owner or occupier:
b: in relation to unoccupied land of the Crown, means the Minister for the time being charged with the administration of the Department of State that has the control of the land:
c: in relation to any other land of the Crown, means any person occupying the land under lease, licence, or other authority granted by or on behalf of the Crown owner owned poultry pound public pound Part 6 poundkeeper public notice publicly notify ranger road
a: means any place open to or used by the public as of right; and
b: includes a river bed and riparian land under the control of any local authority or regional council, unless any occupier of land adjoining the river bed or riparian land is also the lawful occupier of that river bed or riparian land stock straying wandering temporary pound section 32 trespass rates Schedule 3
2: For the purposes of this Act a suckling of any species under 6 months old and its mother are to be considered as 1 animal.
3: A local authority may exercise its powers under this Act in respect of any regional road, State highway or motorway provided that no power shall be exercised by a local authority in respect of any river bed or riparian land if the occupier of any land adjoining the river bed or riparian land is also the lawful occupier of that river bed or riparian land. 1908 No 79 s 2 Section 2(1) borough repealed 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 2(1) driving charges replaced 1 April 1981 Impounding Amendment Act 1980 Section 2(1) fence fenced land replaced 1 April 1981 Impounding Amendment Act 1980 Section 2(1) local authority replaced 1 July 2003 Local Government Act 2002 Section 2(1) ordinary general fund repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) road replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) stock replaced 1 April 1981 Impounding Amendment Act 1980 Section 2(3) replaced 25 November 1968 Impounding Amendment Act 1968 Section 2(3) amended 1 April 1981 Impounding Amendment Act 1980
1: Establishment of pounds
3: Establishment of public pounds
Every local authority shall provide and maintain a public pound, which shall be properly fenced and enclosed and so adapted as to keep stock infected with any contagious disease separate and apart from other stock: provided that—
a: any 2 or more local authorities may jointly provide and maintain a public pound upon such terms and conditions as may be agreed upon:
b: any local authority may, if it so desires, provide and maintain more than 1 public pound:
c: if a Minister of the Crown is the local authority, nothing in this section imposes on that Minister any obligation to provide and maintain a public pound. 1908 No 79 ss 29, 30; 1941 No 26 s 33(2) Section 3 provisio paragraph (c) replaced 1 July 2003 section 262 Local Government Act 2002
4: Provisions as to joint pounds
1: Where any local authority has entered into an agreement to provide a joint pound, that local authority may make contributions in accordance with the agreement towards the cost of establishing, maintaining, and operating the joint pound.
2: All rates, charges, fees, and other money collected by a local authority in respect of the joint pound and not otherwise appropriated by this Act shall be held by the local authority on behalf of the parties to the agreement and, subject to the deduction or payment of such amount as remuneration or costs as may be agreed upon, shall be handed over to such local authorities as are entitled to receive the same in terms of the agreement. 1941 No 26 s 33(3), (4)
5: Location of pound to be publicly notified
The location of any new pound, or a change in the location of any pound, or the abolition of any pound shall be publicly notified, and a copy of the notice shall be prima facie evidence of the establishment or change in location or abolition of any pound. 1908 No 79 s 31
6: Notice to be placed on pound
The local authority shall erect and maintain on some conspicuous part of every pound a notice board on which shall be printed or otherwise affixed in some permanent manner a notice to the effect that the area is a public pound, and showing the name of the local authority having jurisdiction over the pound and the name and address of the poundkeeper. 1908 No 79 s 34
7: Local authority may acquire land for establishment of pounds
A local authority may take or otherwise acquire under the Public Works Act 1928
2: Poundkeepers and other staff
8: Appointment of poundkeepers, etc
The local authority shall appoint a poundkeeper for each public pound under its control, and may appoint rangers and such other persons as are necessary for the proper carrying out of the provisions of this Act. 1908 No 79 s 29
9: Appointment of deputies
1: The local authority may from time to time appoint a deputy of any poundkeeper.
2: On the occurrence from any cause of a vacancy in the office of poundkeeper (whether by reason of death, resignation, dismissal, or otherwise), and in case of the illness, absence, suspension, or temporary incapacity of the poundkeeper (from whatever cause arising), and so long as the vacancy, illness, absence, suspension, or temporary incapacity continues, the deputy shall have and may exercise all the powers, duties, and functions of the poundkeeper whose deputy he is.
3: The fact that the deputy of any poundkeeper exercises any power, duty, or function as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorizing him to do so.
10: Local authority may remove or suspend poundkeeper, etc
The local authority may at any time remove or suspend from duty any poundkeeper or deputy poundkeeper or any ranger or other person appointed for the purposes of this Act. 1908 No 79 s 29
11: Appointment, etc, of poundkeeper to be publicly notified
Every appointment, or suspension, or removal from office of any poundkeeper or any deputy poundkeeper shall be publicly notified, and a copy of the notice shall be prima facie evidence of any such appointment, suspension, or removal. 1908 No 79 ss 29, 31
3: Conduct of pounds
12: Provisions for health of impounded stock
1: The local authority shall cause every pound under its jurisdiction to be kept clean and in good order, and all stock from time to time impounded therein to be supplied with sufficient food and water and given all necessary care and attention.
2: The local authority shall cause any stock known to be infected with any contagious disease to be kept in a separate enclosure from stock not so infected, and any person for the time being in charge of a pound who knowingly allows any diseased stock to be confined in the same enclosure with other stock commits an offence under this Act. 1908 No 79 s 32
13: Records to be kept by local authority
1: The local authority shall keep or cause to be kept in respect of all stock impounded—
a: a Pound Book in the prescribed form in respect of each pound in its district:
b: an Impounding Register in the prescribed form.
2: The Pound Book shall be the initial record of stock impounded in the pound, and shall be kept by the poundkeeper, who, as soon as possible after stock has been impounded, shall make in duplicate all such entries as are required to be made therein, and forward a copy of those entries to the chief executive
3: The Impounding Register shall be kept at the office of the local authority, and shall be a record of all stock impounded, and of all fees, rates, and charges received in respect of that stock, and all disbursements required to be made therefrom under this Act.
4: The Pound Book and the Impounding Register shall at all reasonable times be open to inspection by any person free of charge. 1908 No 79 s 33 Section 13(2) amended 1 July 2003 section 262 Local Government Act 2002
4: Fees, rates, and charges
14: Poundage fees and sustenance charges
1: The local authority may, by resolution publicly notified, set reasonable poundage fees which shall be recoverable from the owner of stock impounded in its pound.
2: In setting poundage fees under subsection (1), the local authority may—
a: set different fees for different classes of stock:
b: set a graduated scale of fees for the repeated impounding of the stock of any particular owner.
3: In addition to any poundage fees recoverable by the local authority, that authority may also recover from the owner of stock impounded in its pound the actual costs, reasonably incurred, in the sustenance of the impounded stock of that owner.
4: The person impounding stock shall not be liable to pay to the local authority any fees or charges recoverable under this section. Section 14 replaced 1 April 1981 Impounding Amendment Act 1980
15: Driving charges
1: The owner of any stock that is found trespassing, straying or wandering on any road shall pay to the local authority or person having custody of the stock all reasonable costs incurred in leading, driving, or conveying the stock from the place where it is found to the pound or to the place where it is delivered to the owner.
2: The charges payable under subsection (1) shall be payable to the local authority in the first instance if the stock is impounded, or direct to the person having custody of the stock in any other case.
3: Without limiting the generality of subsection (1), the charge made may take account of—
a: the distance covered and the time involved in delivering the stock to the pound or the owner; and
b: the number and class or classes of stock delivered; and
c: where stock is conveyed by any vehicle, the reasonable cost of that conveyance, including the dispatch of the vehicle to the place where the stock is found and the return of the vehicle to the place of dispatch.
4: Notwithstanding anything in this section, the local authority or, as the case may be, the person having custody of the stock and delivering it to the owner, may make a minimum charge of $5. Section 15 replaced 1 April 1981 Impounding Amendment Act 1980
15A: Regulations as to trespass rates
1: Without limiting the general power to make regulations conferred by section 67
2: Any such regulations may prescribe different rates according to the description of the stock trespassing and according to the description of the land or crops trespassed upon. Section 15A inserted 1 April 1981 Impounding Amendment Act 1980
16: Trespass rates
Where trespass rates are payable under this Act, the owner of the stock trespassing shall pay the rates prescribed by regulations made under 1908 No 79 ss 24, 26, 27 Section 16 amended 1 April 1981 Impounding Amendment Act 1980
17: Special trespass rates for entire animals
In any case where trespass rates are payable in respect of the trespass of any entire animal, there shall be payable to the occupier of the land trespassed upon, as a special trespass rate in addition to any other trespass rate prescribed by regulations made under $200 the District Court 1908 No 79 s 8 Section 17 amended 1 March 2017 section 261 District Court Act 2016 Section 17 amended 1 April 1981 Impounding Amendment Act 1980 Section 17 amended 1 April 1981 Impounding Amendment Act 1980
18: Fees, rates, and charges to be paid into ordinary general fund
Section 18 repealed 1 July 2003 section 262 Local Government Act 2002
19: Local authority to pay trespass rates and driving charges to persons entitled thereto
Subject to the provisions of section 29 1908 No 79 s 27
20: Copy of Act and table of fees to be available for inspection
There shall be available for inspection by any person at all reasonable times at the office of the local authority and at the office or residence of the poundkeeper a copy of this Act and a table of the fees, rates, and charges that the local authority is authorized by this Act to receive. 1908 No 79 ss 33, 34
5: Remedies for stock trespassing
Impounding trespassing stock
21: Occupier may impound trespassing stock
The occupier of any land may seize and impound any stock trespassing on the land. 1908 No 79 s 5
22: Mode of impounding trespassing stock
1: Except as hereinafter provided, stock shall be impounded in the nearest accessible pound to the place where the stock was found trespassing.
2: The stock may be led, driven, or conveyed to the pound by the occupier of the land trespassed upon or his agent or, if so requested by the occupier and approved by the local authority, by a ranger.
3: Where the stock, while being taken to a pound, escapes on to any unfenced land, the person taking the stock to the pound or any other person on his behalf may enter upon the land and remove the stock therefrom. 1908 No 79 s 11
23: Stock to be released if trespass rates and driving charges tendered
Where stock has been seized for trespass by any occupier for the purpose of impounding the same, the owner of the stock or some person on his behalf may pay or tender the trespass rates (where trespass rates are payable) and driving charges to the person seizing or having charge of the stock before it has actually been impounded, and the person having charge of the stock shall on that payment or tender forthwith deliver up the stock to the owner or to the person acting on his behalf. 1908 No 79 s 28
24: Occupier may impound on his own land stock trespassing thereon
1: The occupier of any land trespassed upon by stock may, where the owner of the stock is known to him, impound and detain the stock in any convenient place upon his own land; and in that case he shall, within 24 hours of the impounding, notify the owner of the stock, either personally or by means of a written notice delivered to his usual or last-known place of abode, of the number, description, brands or apparent brands and earmarks of the stock, the place where the stock was found, and details of any trespass rates claimed.
2: The occupier shall feed and maintain and give all necessary care and attention to the stock so impounded and shall not keep it impounded longer than 2 whole days of 24 hours each, and at the expiration of that time, unless the stock is sooner released pursuant to subsection (3), he shall cause the stock to be led, driven, or conveyed to the nearest accessible pound.
3: Where stock has been impounded in accordance with subsection (1) and the owner or any person acting on his behalf pays or tenders the sustenance fees that would have been payable if the stock had been impounded in the nearest accessible pound and any trespass rates that may be payable, the occupier of the land shall release the stock to the owner or to the person acting on his behalf. 1908 No 79 s 12
25: Occupier may restore trespassing stock to owner
The occupier of any land trespassed on by stock may restore the stock to its owner, and in such a case may demand, and in case of non-payment recover as a debt, from the owner of the stock the amount of any trespass rates that would be payable if the stock was impounded for trespass, together with the charges for leading, driving, or conveying the stock to the residence of the owner. 1908 No 79 s 13 Damages for trespass and trespass rates
26: Damages for trespass
1: Except as otherwise provided in this Act, the occupier of land trespassed upon by stock shall not be entitled to demand or recover any damages whatsoever on account of the trespass thereon of any stock unless—
a: the land or the portion of the land trespassed upon is fenced; or
b: he proves that the trespass on to his land was not wholly or partly due to the fact that his land or the portion trespassed upon was not fenced; or
c: in any case where stock trespassing on any land adjoining his land and not fenced therefrom has trespassed on to his land from that adjoining land, he proves that the trespass on to the adjoining land was not wholly or partly due to the fact that that adjoining land was not fenced; or
d: the land (whether fenced or unfenced) is situated in a city or a part of a district that was formerly a city or borough provided that nothing in this paragraph shall apply with respect to the trespass by stock on to unfenced land having a frontage to a road declared by the local authority by bylaw to be a stock route, if the stock is being driven along the road at the time and subject to the conditions prescribed by the bylaw.
2: In any case where damages are payable under this section the amount of any damage shall be recoverable by action from the owner of the stock.
3: Where stock has been impounded for trespass and the occupier of the land trespassed upon notifies the poundkeeper that he intends to claim actual damages instead of trespass rates pursuant to section 27 1908 No 79 ss 5, 6 1939 No 39 s 32 Section 26(1)﻿(d) amended 1 July 2003 section 262 Local Government Act 2002
27: Claiming trespass rates instead of damages
Where in any of the cases specified in paragraphs (a) to (d) of subsection (1) of section 26 prescribed by regulations made 1908 No 79 ss 5, 6 1939 No 39 s 32 Section 27 amended 1 April 1981 Impounding Amendment Act 1980
28: Occupier whose fence is damaged may recover damages as trespass rate
The occupier of any land trespassed upon by stock whose fence has been damaged by the stock may, when the estimated cost of the repair of the fence does not exceed $50 1908 No 79 s 16 Section 28 amended 1 April 1981 Impounding Amendment Act 1980
29: If impounding illegal or excessive trespass rates claimed, owner may pay under protest
The owner of impounded stock may give notice in writing to the local authority that he intends to apply to the District Court the District Court section 30 1908 No 79 s 9 Section 29 amended 1 March 2017 section 261 District Court Act 2016
30: Jurisdiction of District Court
1: Every application under section 29 the District Court
2: If the court finds that the stock was not trespassing, or that the impounding was illegal under this Act, or that the trespass rates demanded are in excess of the amount payable under this Act, it may make an order against the defendant for the amount of damages sustained by the owner of the stock in consequence of the illegal impounding or excessive demand, and for the amount of all other authorized fees and charges paid by the owner to the local authority; and that order shall also be an authority to the local authority to pay the trespass rates retained by it in accordance with the order.
3: The court may hear and determine the application notwithstanding any question of title to the property or suggestion of right that may be involved therein. 1908 No 79 s 10 Section 30 heading amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 30(1) amended 1 March 2017 section 261 District Court Act 2016
31: Special remedies for trespass by pigs, goats, or poultry
1: Notwithstanding anything in section 27 prescribed by regulations made under prescribed by regulations made under this Act
2: The occupier of any fenced land sown in grass or under cultivation may destroy any poultry or pigs or goats, other than branded Angora or Saanen or Toggenburg goats, found trespassing upon the land.
3: The occupier so destroying any such animal or bird shall within 24 hours send in writing a description of the animal or bird so destroyed, and of the place where it was destroyed, to the owner thereof if he is known, and, if he is unknown, then to the nearest police station, and if he makes default in so doing he is liable on conviction provided that it shall not be necessary to send any description in the case of any wild animal or wild bird so destroyed.
4: If the carcass of any animal or bird so destroyed is not claimed and removed by its owner within 48 hours after being destroyed, the occupier shall bury or otherwise dispose of the carcass, and if he makes default in so doing he is liable on conviction 1908 No 79 s 14 Section 31(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 31(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 31(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Provisions for stock found straying or wandering on roads, and for wild stock
Temporary pounds
32: Temporary pounds
1: The local authority may from time to time, with the consent of the occupier thereof, declare any fenced paddock or yard adjacent to a road to be a temporary pound for use as a place for impounding stock seized for impounding under the provisions of section 33
2: No stock other than stock seized for impounding under the provisions of section 33
3: The local authority shall appoint a keeper for each temporary pound.
4: The local authority shall cause to be affixed on some conspicuous part of the temporary pound a notice to the effect that it is a temporary pound, and showing the name of the local authority having jurisdiction over that temporary pound, and the name and address of the person appointed by the local authority to act as keeper thereof.
5: The provisions of Parts 3 4 Parts 7 to 10 Stock straying or wandering on roads
33: Stock straying or wandering on roads
1: Where at any time of the day or night any stock is found straying or wandering on any road, or tethered on any road in such a manner as to obstruct or be reasonably likely to obstruct the road, any person may seize the stock, and may either impound it or, where the owner thereof is known to him, return it to the owner; and in any such case the owner of the stock, in the case of entire animals, is liable on conviction $100 for every head thereof and, in the case of other animals, to a fine not exceeding $50
2: Where any stock is found so straying or wandering or tethered between sunset and sunrise, any person may, with the consent of the owner of the yard or paddock, place it in any yard or fenced paddock for the night and shall, as soon as possible after sunrise, either return it to the owner or remove it or cause it to be removed to the nearest accessible pound.
3: Any expenses reasonably
4: For the purposes of this section stock straying or wandering or tethered so near a road as to be reasonably likely to stray on to the road shall be deemed to be straying or wandering or tethered on the road. 1908 No 79 ss 17, 18 Section 33(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 33(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 33(3) amended 1 April 1981 Impounding Amendment Act 1980
34: Section 33
1: Where—
a: a local authority is satisfied that any road or any portion of a road within its district is so infrequently used by motor traffic that stock depasturing on or near the road will not constitute an inconvenience or danger to the users thereof; and
b: the road or portion thereof is unfenced or only partially fenced on one side only or on both sides,— the local authority may, by resolution publicly notified, declare that the provisions of section 33
2: Where any such declaration is made under this section, the occupier of the land by which the road or portion thereof is bounded shall—
a: erect and maintain in some permanent manner and in some conspicuous place at each entrance to the road or, as the case may be, at each end of the portion thereof, a warning notice in a form approved by the local authority to the effect that stock is depasturing on or adjacent to the road; and
b: if the local authority so requires, and subject to section 344 and the declaration shall have effect only so long as those notices and the cattle stops and swing gates required by the local authority are so erected and maintained.
3: 1908 No 79 s 17(4) Section 34(2)﻿(b) replaced 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 34(3) repealed 1 February 1982 section 51(1) Summary Offences Act 1981
35: Stock straying on roads may be impounded in a temporary pound
Where any ranger seizes stock for impounding under the provisions of section 33
36: Recovery of stock that escapes while being taken to a pound
Where any person has seized any stock for impounding under section 33
37: Stock to be delivered up on payment of expenses before impounding
Where stock has been seized by any person for impounding under section 33 subsection (3) of section 33 provided that no such delivery shall exempt any person from any penalty for which he is liable under the said section 33 1908 No 223 s 2 Special provisions as to stock too wild to impound
38: Wild stock trespassing on land
1: Where stock is trespassing on land, and cannot be impounded because of its wildness, the local authority within whose district the land is situated shall, at the request of the occupier of the land, and the tender of the cost and expense of the advertisement, forthwith cause a public notice to be advertised calling on the owner of the stock to remove the same from the land where it is trespassing, and warning him that if it is not removed within 7 days from the date of the advertisement of the notice it will be sold by public auction at the time and place specified in the notice.
2: Where the stock has not been removed within the said 7 days the local authority may cause it to be sold by public auction at the time and place so specified, and every such sale shall be conducted, and the proceeds of the sale shall be applied, in the same manner as provided in this Act in respect of the sale of impounded stock not released from the pound. 1908 No 79 s 21
39: Purchaser of wild stock may pursue and take the same
1: Where stock is sold in accordance with the provisions of subsection (2) of section 38
2: Any such purchaser shall be liable for any damage occasioned to any property of the occupier incurred while recovering or mustering his stock in accordance with subsection (1). 1908 No 79 s 22
40: Occupier may destroy wild stock unsold or not removed by purchaser
Where any wild stock has been offered for sale pursuant to subsection (2) of section 38 1908 No 79 s 21
41: Stray stock not to be taken away without notice
1: Except as provided in subsection (3) of section 22 section 36
2: Every person who fails to give that notice, or who enters upon any other person's land for the purpose of driving any such stock, or attempts to drive any such stock without giving that notice, commits an offence against this Act.
3: Nothing in this section shall affect the provisions of any Act relating to the removal of sheep. 1908 No 79 s 23
42: Disposal of wild stock straying on roads
1: Where stock is found straying or wandering on any road, or so near any road as to be reasonably likely to stray on to the road, not being a road in respect of which a declaration under section 34
a: the stock cannot be impounded or otherwise dealt with as provided in section 33
b: the ownership of the stock is not known to the local authority and cannot reasonably be ascertained,— then, on obtaining a written authority signed by any 2 members of the local authority, or, where a Minister of the Crown is the local authority, signed by any person authorised by that Minister to sign such a written authority
2: Where stock is found straying or wandering on any road or so near any road as to be reasonably likely to stray on to the road, and any constable has reasonable cause to believe that—
a: by reason of its fierceness the stock is a danger to persons using the road; and
b: the danger is so immediate that it is not possible or practicable for the stock to be impounded or to be dealt with under subsection (1),— the constable may forthwith destroy the stock.
3: In this section the term stock
4: Where any stock is destroyed in accordance with subsection (1) or subsection (2), the local authority or any member or servant thereof or the constable, as the case may be, shall not be liable for any damages which may subsequently be claimed by any owner or reputed owner of the stock.
5: The local authority may dispose in such manner as it thinks fit of the carcass of any stock destroyed in accordance with subsection (1) or subsection (2). The proceeds (if any) of the disposal of any such carcass shall form part of the funds of the local authority. Section 42(1) amended 1 July 2003 section 262 Local Government Act 2002
7: Procedure for impounding stock in a pound
43: Poundkeeper to receive stock tendered for impounding
The poundkeeper of any public pound shall receive all stock tendered for lodgement therein and shall allow the stock to be impounded at any time of the day or night. 1908 No 79 s 35(1)
44: Provision where pound is of insufficient size
Where a pound is too small to hold conveniently the number of stock required to be impounded therein, the poundkeeper may place any such stock in some paddock or convenient place near the pound to be approved by the local authority; and every such paddock or place while so used shall be deemed to be part of the pound. 1908 No 79 s 15
45: Occupier or other person to supply particulars of stock impounded
The person by whom or by whose order any stock is delivered to a pound shall specify in writing to the poundkeeper of that pound the description, number, brands or apparent brands and earmarks of the stock, the name of the owner (if known to him), the place where the stock was found, and details of any trespass rates and driving charges claimed. 1908 No 79 s 11
46: Notice to owner of stock impounded
1: As soon as possible after any stock has been impounded in a pound the local authority shall, if the owner is known or the stock is branded or marked with any registered brand or mark, cause to be delivered at or posted to the address of the owner or, as the case may be, the person in whose name the brands or marks are registered, a notice in the prescribed form that the stock has been impounded and unless claimed by the owner will be sold under the provisions of this Act.
2: If the owner of the stock is not known, or cannot be identified from the brands or earmarks on the stock, or if following the delivery or posting of a notice as required in subsection (1) the stock is not claimed within 48 hours, the local authority shall insert a notice in the prescribed form in 1 or more newspapers circulating in the district that the stock has been impounded and unless claimed by the owner will be sold under the provisions of this Act at the time and place specified in the notice, being not less than 7 days after the date of the first publication of the notice in a newspaper. 1908 No 79 ss 36, 37, 38
47: Poundkeeper to detain stock until all charges paid
The poundkeeper shall detain in his custody all stock impounded until the fees, rates, and charges payable under this Act and any expenses incurred by the local authority in connection with the proposed sale have been paid: provided that he shall not detain the stock pending payment of any trespass rates or driving charges where he has received an order in writing signed by the person by whose order the stock was impounded for its release without payment of the trespass rates or driving charges. 1908 No 79 s 35(1)
48: Hours for release of stock
The poundkeeper shall not be obliged to release stock from the pound on any Sunday, or on any other day except between the hours of 8 am and 5 pm. 1908 No 79 s 35(2)
8: Procedure for disposing of unclaimed, suffering, or worthless impounded stock
49: Stock not claimed to be sold at auction
Where stock has not been released from the pound before the time fixed for the sale thereof in the notice referred to in subsection (2) of section 46 1908 No 79 s 38
50: Sales of impounded stock
1: Sales of impounded stock shall be held at the time and place specified in the notice referred to in subsection (2) of section 46
2: At every such sale the poundkeeper or any other person authorized by the local authority shall act as auctioneer, and any such auctioneer is not required to be an auctioneer registered under the Auctioneers Act 2013
3: The local authority or any poundkeeper employed by the local authority or any person conducting the sale on its behalf shall not either in person or through an agent purchase any stock at any such sale, or have any interest of any kind in the stock so purchased.
4: Any sale of impounded stock by public auction notified to be subject to a reserved or upset price shall be subject to a reserved or upset price not exceeding the amount of costs and charges to which the local authority is entitled under this Act. 1908 No 79 s 41 Section 50(2) amended 18 December 2013 section 28(3) Auctioneers Act 2013 Section 50(4) inserted 25 November 1968 Impounding Amendment Act 1968
51: Purchaser of stock not bound to prove regularity of sale
A purchaser of stock sold under the provisions of this Act shall not be bound to prove that the sale was regular, or that the terms and conditions required by this Act were complied with, or be affected by any default or irregularity in respect of the sale; and no poundkeeper or other person authorized to conduct the sale shall be liable for any penalties for selling by auction as herein provided. 1908 No 79 s 45
52: Destruction of worthless or suffering animals
1: Notwithstanding section 46
a: any Justice, constable, Inspector of Stock, or registered veterinarian (being a person not interested in the matter) certifies in writing that an impounded animal—
i: is so diseased, injured, or sick that it is in a state of continual suffering; or
ii: is of insufficient value to defray the poundage and sustenance fees of keeping the animal during the time prescribed by this Act; and
b: the local authority having jurisdiction over the pound is unable to find the owner of the animal within a reasonable time after the Justice, constable, Inspector of Stock, or registered veterinarian has given such a certificate,— the local authority may arrange for the destruction of the animal and the disposal of the carcass in such manner as it thinks fit.
2: The local authority may not destroy an impounded animal to which subsection (1)﻿(a)﻿(ii) relates, unless—
a: the local authority has given written notice to the owner of its intention to destroy the animal; and
b: the owner of the animal has not, within 48 hours after the giving of the notice, paid to that local authority all fees, trespass rates, and charges necessary to secure the release of the animal from the pound.
3: Any proceeds from the sale of a carcass of an animal destroyed under subsection (1) must be dealt with in the same manner as is provided in sections 54 55 65 Section 52 replaced 1 January 2000 section 194 Animal Welfare Act 1999
53: Disposal of unsold stock
Where any stock has been offered for sale in accordance with the provisions of this Act, and has not been sold, the local authority may sell or otherwise dispose of the stock as it deems fit, and any proceeds resulting therefrom shall be dealt with in the same manner as is provided in sections 54 55 65 1908 No 79 s 42
54: Application of proceeds of sale of impounded stock
The proceeds of the sale of impounded stock sold under this Act shall be applied in payment—firstly, of any costs and charges incidental to the sale; secondly, of all poundage and sustenance fees payable in respect of the stock; thirdly, to the impounder of the stock of rates due to him for the trespass thereof, and the driving charges due to him; and fourthly, to the owner of the stock of any residue. 1908 No 79 s 43
55: Recovery of damages or trespass rates from residue of proceeds
1: Where the residue of the proceeds of any sale of impounded stock under this Act is not claimed by any person entitled thereto and the owner of the impounded stock is not known to the local authority or to the impounder of the stock or cannot be found, the impounder of the stock, if he has not claimed any trespass rates, may at any time within 6 months after the sale apply to the District Court in its civil jurisdiction
2: Notice of the application shall be published by the applicant in some newspaper circulating in the locality not less than 14 clear days before the time appointed for the hearing thereof, and a copy of the application shall be served by the applicant on the local authority.
3: On the hearing of the application the court shall determine the amount of the damage sustained by the applicant in consequence of the trespass, and may make an order that that amount, together with the costs and disbursements, or such smaller amount as may have been paid to
4: Every application to the District Court 1943 No 20 s 16 Section 55(1) amended 1 March 2017 section 261 District Court Act 2016 Section 55(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 55(4) amended 1 March 2017 section 261 District Court Act 2016
56: Deficiency of fees, charges, and trespass rates recoverable from owner
If the proceeds of the sale of any stock sold under this Act are insufficient to satisfy the fees and charges of the local authority relating thereto and the trespass rates and driving charges payable to any other person, the deficiency shall be recoverable by the local authority or by that other person, as the case may be, by action from the owner of the stock, and if the stock has been destroyed under the provisions of section 52 1908 No 79 s 46
9: Offences and penalties
57: Offences by poundkeepers
1: Every poundkeeper is liable on conviction $500
a: illegally impounds or assists or incites any person illegally to impound any stock; or
b: purchases, in person or by his agent, unclaimed impounded stock caused to be sold by the local authority by which he is employed; or
c: demands or receives any fees, charges, rates, or other sums of money knowing the same not to be authorized by or under this Act.
2: Every poundkeeper is liable on conviction $100
a: loses any stock impounded
b: omits or neglects to make entries in the Pound Book as required by this Act or wilfully makes any incorrect or untrue entry in that book; or
c: fails to comply with or commits any offence against the provisions of this Act in respect of which no fine is specifically provided herein. 1908 No 79 s 47 Section 57(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 57(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57(2) amended 1 April 1981 Impounding Amendment Act 1980 Section 57(2)﻿(a) amended 23 October 1963 Impounding Amendment Act 1963
58: Offences by other persons
1: Every person other than a poundkeeper is liable on conviction $500
a: rescues or attempts to rescue or interferes with stock impounded or seized for the purpose of being impounded; or
b: destroys or injures or attempts to destroy or injure any pound, or any lock or bolt belonging thereto, whether any stock is impounded therein or not; or
c: illegally impounds any stock; or
d: illegally removes stock from any one place to any other place for the purpose of impounding the stock from the last-mentioned place; or
e: purchases, in person or by his agent, unclaimed impounded stock at a sale conducted by him on behalf of the local authority.
2: Every such person is liable on conviction $100
a: refuses to disclose or states untruly the name and address of the owner of any stock of which he is in charge or assisting in driving, or the name of the agent or overseer of the owner, on demand by any constable or ranger or by or on behalf of any person upon whose land the stock is trespassing; or
b: illegally drives stock from any land not in his occupation on to the land of any other person or on to any road; or
c: wilfully leaves open any gate or slip panel, or makes a gap in any fence, for the purpose of permitting or causing any stock to trespass or to stray or wander on to any road or otherwise wilfully causes any stock to trespass or to stray or wander on to any road; or
d: fails to comply with or commits any offence against the provisions of this Act in respect of which no penalty is herein specifically provided. 1908 No 79 s 48 Section 58(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 58(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(2) amended 1 April 1981 Impounding Amendment Act 1980
59: Burden of proof in certain cases on poundkeeper
1:
2: Where a poundkeeper is charged with losing any impounded stock through wilful and culpable negligence, and it is proved that any stock impounded was in the custody of the poundkeeper, the stock shall be deemed to have been so lost unless the poundkeeper proves the contrary. 1908 No 79 s 49 Section 59(1) repealed 23 October 1963 Impounding Amendment Act 1963
60: Person using stock without consent of owner
Every poundkeeper and every other person who, without the authority or consent of the owner thereof, works or uses any horse, mare, gelding, ass, mule, bull, bullock, steer, or heifer while it is impounded is liable on conviction 1908 No 79 s 50 Section 60 amended 1 July 2013 section 413 Criminal Procedure Act 2011
61: Offences punishable on summary conviction
Section 61 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
62: Application of fines
Section 62 repealed 2 October 1958 Public Revenues Amendment Act 1958
10: Miscellaneous
63: Delegation of local authority's powers
1: A local authority may from time to time delegate any of its powers under this Act (not being powers conferred by section 14(1)
2: Subject to any general or special directions given or conditions attached by the local authority, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
3: Every person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
4: Any delegation under this section may be made to a specified person or persons or to the holder or holders for the time being of a specified office or offices.
5: Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the local authority making the delegation. Section 63(1) replaced 1 July 2003 section 262 Local Government Act 2002
64: Service of notices
Any notice required or authorized to be given to any person under this Act may be served by delivering it personally to that person, or by leaving it addressed to him at his usual or last known address, or by sending it by post in a letter addressed to that person at his usual or last known address, and in the last-mentioned case it shall be deemed to have been received when in the ordinary course of post it would be delivered.
65: Unclaimed trespass rates, charges, and residue of sale
If within 1 year after any sale of impounded stock, or, where the owner of any stock has obtained the release of the stock on payment of fees and any trespass rates or charges, within 1 year after that payment, any person entitled to any trespass rates or driving charges or the residue of the proceeds of the sale has not claimed payment thereof, the same shall be paid to 1908 No 79 s 44 Section 65 amended 1 July 2003 section 262 Local Government Act 2002
66: Cost of administration of Act
Section 66 repealed 1 July 2003 section 262 Local Government Act 2002
67: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Regulations under this section are secondary legislation ( see Part 3
2: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67(2) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
68: Repeals, savings, and consequential amendments
1: The enactments specified in Schedule 4
2: Without limiting the provisions of the Acts Interpretation Act 1924
3: Section 68(3) repealed 1 February 1982 section 248(1) Public Works Act 1981