Impounding Act 1955

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Reprint as at 18 December 2013

Impounding Act 1955

Public Act1955 No 108
Date of assent28 October 1955
Commencementsee section 1(2)

Note

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

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18 Fees, rates, and charges to be paid into ordinary general fund [Repealed]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