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.

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Reprint as at 1 March 2017

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.

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18	Fees, rates, and charges to be paid into ordinary general fund [Repealed]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

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Impounding Act 1955

Impounding Act 1955

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