Impounding Act 1955

2: Interpretation

You could also call this:

"What special words mean in the Impounding Act 1955"

Illustration for Impounding Act 1955

When you read the Impounding Act 1955, some words have special meanings. A district is the area a local authority is in charge of. A local authority is a group that helps run your area, as described in the Local Government Act 2002.

You need to know what some other words mean too. A fence is what the Fencing Act 1978 says is an adequate fence. Stock includes horses, cattle, and other animals.

A road is any place people can use, like a street or a river bed. If you have stock, like horses or cows, you are considered the owner if you are in charge of them. A pound is a place where animals are kept if they are found wandering.

A local authority can make decisions about roads and other areas in their district. They can do this even if the road or area is not directly controlled by them, except in some cases. For example, if someone's land includes a river bed, the local authority may not be able to make decisions about that river bed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293869.


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1: Short Title and commencement, or

"What the Impounding Act 1955 is called and when it started"


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3: Establishment of public pounds, or

"Local councils must provide a safe area to hold animals, called a public pound."

2Interpretation

  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

                1. 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:
                  1. 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:
                    1. 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

                                  1. means any place open to or used by the public as of right; and
                                    1. 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.

                                            1. 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.

                                            2. 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
                                            Notes
                                            • Section 2(1) borough: repealed, on , by section 8(3) of the Local Government Amendment Act 1979 (1979 No 59).
                                            • Section 2(1) driving charges: replaced, on , by section 2(1) of the Impounding Amendment Act 1980 (1980 No 59).
                                            • Section 2(1) fence and fenced land: replaced, on , by section 2(2) of the Impounding Amendment Act 1980 (1980 No 59).
                                            • Section 2(1) local authority: replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                            • Section 2(1) ordinary general fund: repealed, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                            • Section 2(1) road: replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                                            • Section 2(1) stock: replaced, on , by section 2(5) of the Impounding Amendment Act 1980 (1980 No 59).
                                            • Section 2(3): replaced, on , by section 2(2) of the Impounding Amendment Act 1968 (1968 No 32).
                                            • Section 2(3): amended, on , by section 2(6) of the Impounding Amendment Act 1980 (1980 No 59).