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.
2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

district means the district under the administration of a local authority

driving charges means all charges payable under section 15

entire, in relation to any animal, means a male animal not completely castrated

fence means an adequate fence within the meaning of the Fencing Act 1978; and fenced land means land enclosed within such a fence

local authority means a territorial authority within the meaning of the Local Government Act 2002

nearest accessible pound means the pound which is most easily accessible having regard to distance and facilities of access at the time of seizure for impounding

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, in relation to any stock, includes the person having the charge of the stock or the management thereof; and owned has a corresponding meaning

poultry includes turkeys, geese, ducks, and domestic fowls of all descriptions

pound or public pound means a public pound established under this Act; and for the purposes of Part 6 includes a temporary pound

poundkeeper means the person for the time being in the authorized charge of any pound

public notice and publicly notify mean the insertion of a notice in 1 or more newspapers having general circulation in the district affected by the matter of the notice

ranger means any person appointed by the local authority to keep roads clear of straying or wandering stock

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 includes any horse, cattle, deer, ass, mule, sheep, pig, or goat of any description

straying or wandering, in relation to any stock on or near a road, includes being on or near the road without being under proper guidance and control; and also includes being herded or drafted or grazed upon or near the road other than in the course of being driven

temporary pound means a pound established under section 32

trespass rates means the rates specified in 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, river bed, or riparian land in its district whether or not that highway, river bed, or riparian land is under the control of the local authority:

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.

Compare: 1908 No 79 s 2

Section 2(1) borough: repealed, on 1 April 1980, by section 8(3) of the Local Government Amendment Act 1979 (1979 No 59).

Section 2(1) driving charges: replaced, on 1 April 1981, by section 2(1) of the Impounding Amendment Act 1980 (1980 No 59).

Section 2(1) fence and fenced land: replaced, on 1 April 1981, by section 2(2) of the Impounding Amendment Act 1980 (1980 No 59).

Section 2(1) local authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) ordinary general fund: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) road: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) stock: replaced, on 1 April 1981, by section 2(5) of the Impounding Amendment Act 1980 (1980 No 59).

Section 2(3): replaced, on 25 November 1968, by section 2(2) of the Impounding Amendment Act 1968 (1968 No 32).

Section 2(3): amended, on 1 April 1981, by section 2(6) of the Impounding Amendment Act 1980 (1980 No 59).