Impounding Act 1955

Remedies for stock trespassing - Damages for trespass and trespass rates

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

You could also call this:

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

If your land is trespassed on by stock and your fence is damaged, you can ask for the cost of repairs. You can do this if the cost of fixing the fence is $50 or less. In this case, you can charge the cost of repairs as if it were a trespass rate.

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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=DLM294176.

Topics:

Environment and resources > Farming and fishingHousing and property > Land use

27: Claiming trespass rates instead of damages, or

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

29: If impounding illegal or excessive trespass rates claimed, owner may pay under protest, or

"Paying trespass fees when you think they're unfair"

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

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

The occupier of any land trespassed upon by stock whose fence has been damaged by the stock may, when the estimated cost of the repair of the fence does not exceed $50, demand and charge that cost as if it were a trespass rate.

Compare

1908 No 79 s 16

Notes

Section 28: amended, on 1 April 1981, by section 9(b) of the Impounding Amendment Act 1980 (1980 No 59).