Impounding Act 1955

Remedies for stock trespassing - Impounding trespassing stock

24: Occupier may impound on his own land stock trespassing thereon

You could also call this:

"You can catch and keep animals that wander onto your land, but you must follow the rules."

If stock trespasses on your land, you can impound it on your own land if you know who the owner is. You must then notify the owner within 24 hours, telling them how many animals there are, what they look like, where they were found, and any fees you are charging for the trespass. You have to look after the impounded stock, making sure it has food and water, and you cannot keep it for more than two days. After two days, you must take the stock to the nearest pound, unless the owner pays the fees first, in which case you can release the stock to them.

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This page was last updated on 19 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM294168.

Topics:

Environment and resources > Farming and fishing

23: Stock to be released if trespass rates and driving charges tendered, or

"Get your stock back by paying trespass and driving fees"

25: Occupier may restore trespassing stock to owner, or

"Returning trespassing animals to their owner and getting paid back"

Part 5Remedies for stock trespassing
Impounding trespassing stock

24Occupier may impound on his own land stock trespassing thereon

The occupier of any land trespassed upon by stock may, where the owner of the stock is known to him, impound and detain the stock in any convenient place upon his own land; and in that case he shall, within 24 hours of the impounding, notify the owner of the stock, either personally or by means of a written notice delivered to his usual or last-known place of abode, of the number, description, brands or apparent brands and earmarks of the stock, the place where the stock was found, and details of any trespass rates claimed.
The occupier shall feed and maintain and give all necessary care and attention to the stock so impounded and shall not keep it impounded longer than 2 whole days of 24 hours each, and at the expiration of that time, unless the stock is sooner released pursuant to subsection (3), he shall cause the stock to be led, driven, or conveyed to the nearest accessible pound.
Where stock has been impounded in accordance with subsection (1) and the owner or any person acting on his behalf pays or tenders the sustenance fees that would have been payable if the stock had been impounded in the nearest accessible pound and any trespass rates that may be payable, the occupier of the land shall release the stock to the owner or to the person acting on his behalf.

Compare

1908 No 79 s 12