Impounding Act 1955

  • This version was replaced on 2 May 2017 to make a correction to section 43 under section 25(1)(j)(ii) of the Legislation Act 2012.

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Impounding Act 1955

Public Act
 
1955 No 108
Date of assent
 
28 October 1955
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

Contents

Title
1Short Title and commencement
2Interpretation
3Establishment of public pounds
4Provisions as to joint pounds
5Location of pound to be publicly notified
6Notice to be placed on pound
7Local authority may acquire land for establishment of pounds
8Appointment of poundkeepers, etc
9Appointment of deputies
10Local authority may remove or suspend poundkeeper, etc
11Appointment, etc, of poundkeeper to be publicly notified
12Provisions for health of impounded stock
13Records to be kept by local authority
14Poundage fees and sustenance charges
15Driving charges
15ARegulations as to trespass rates
16Trespass rates
17Special trespass rates for entire animals
18Fees, rates, and charges to be paid into ordinary general fund [Repealed]
19Local authority to pay trespass rates and driving charges to persons entitled thereto
20Copy of Act and table of fees to be available for inspection
21Occupier may impound trespassing stock
22Mode of impounding trespassing stock
23Stock to be released if trespass rates and driving charges tendered
24Occupier may impound on his own land stock trespassing thereon
25Occupier may restore trespassing stock to owner
26Damages for trespass
27Claiming trespass rates instead of damages
28Occupier whose fence is damaged may recover damages as trespass rate
29If impounding illegal or excessive trespass rates claimed, owner may pay under protest
30Jurisdiction of District Court
31Special remedies for trespass by pigs, goats, or poultry
32Temporary pounds
33Stock straying or wandering on roads
34Section 33 not to apply in certain cases
35Stock straying on roads may be impounded in a temporary pound
36Recovery of stock that escapes while being taken to a pound
37Stock to be delivered up on payment of expenses before impounding
38Wild stock trespassing on land
39Purchaser of wild stock may pursue and take the same
40Occupier may destroy wild stock unsold or not removed by purchaser
41Stray stock not to be taken away without notice
42Disposal of wild stock straying on roads
43Poundkeeper to receive stock tendered for impounding
44Provision where pound is of insufficient size
45Occupier or other person to supply particulars of stock impounded
46Notice to owner of stock impounded
47Poundkeeper to detain stock until all charges paid
48Hours for release of stock
49Stock not claimed to be sold at auction
50Sales of impounded stock
51Purchaser of stock not bound to prove regularity of sale
52Destruction of worthless or suffering animals
53Disposal of unsold stock
54Application of proceeds of sale of impounded stock
55Recovery of damages or trespass rates from residue of proceeds
56Deficiency of fees, charges, and trespass rates recoverable from owner
57Offences by poundkeepers
58Offences by other persons
59Burden of proof in certain cases on poundkeeper
60Person using stock without consent of owner
61Offences punishable on summary conviction [Repealed]
62Application of fines [Repealed]
63Delegation of local authority’s powers
64Service of notices
65Unclaimed trespass rates, charges, and residue of sale
66Cost of administration of Act [Repealed]
67Regulations
68Repeals, savings, and consequential amendments
[Repealed]
[Repealed]
[Repealed]
Reprint notes

An Act to consolidate and amend the law relating to the establishment and management of public pounds, trespassing and wandering stock, and the impounding of stock