Impounding Act 1955

Remedies for stock trespassing - Damages for trespass and trespass rates

27: Claiming trespass rates instead of damages

You could also call this:

"Claiming a set fee for stock trespassing on your land instead of claiming for the damage"

If you are the occupier of land and stock has trespassed on it, you can claim trespass rates from the owner. You can find these rates in the regulations made under the Impounding Act 1955. If you claim these rates, you cannot also claim for the actual damage the trespass caused you, as stated in section 26 of the Act.

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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=DLM294174.

Topics:

Environment and resources > Farming and fishing

26: Damages for trespass, or

"Getting paid for damage caused by animals trespassing on your land"

28: Occupier whose fence is damaged may recover damages as trespass rate, or

"Fixing a damaged fence: you can claim repair costs if someone's animals trespass on your land"

Part 5Remedies for stock trespassing
Damages for trespass and trespass rates

27Claiming trespass rates instead of damages

Where in any of the cases specified in paragraphs (a) to (d) of subsection (1) of section 26 the occupier of the land has impounded stock for trespass thereon, he may claim from the owner of the stock on account of the trespass the trespass rates prescribed by regulations made under this Act, and in that case he shall not be entitled to recover the actual damage sustained by him on account of the trespass.

Compare

1908 No 79 ss 5, 6
1939 No 39 s 32

Notes

Section 27: amended, on 1 April 1981, by section 10(3) of the Impounding Amendment Act 1980 (1980 No 59).