Impounding Act 1955

Remedies for stock trespassing - Damages for trespass and trespass rates

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

You could also call this:

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

If someone claims you owe too much money for your stock trespassing, you can pay the money, but say you do not think it is fair. You must tell the local authority in writing that you want to go to the District Court to sort it out. When you pay the money and any other fees, the poundkeeper will let your stock go, and the local authority will keep the money until the District Court makes a decision, as stated in section 30.

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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=DLM294178.

Topics:

Environment and resources > Farming and fishing

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"

30: Jurisdiction of District Court, or

"What the District Court can decide about impounded animals"

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

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

The owner of impounded stock may give notice in writing to the local authority that he intends to apply to the District Court for an order declaring that the impounding was illegal under this Act or that the trespass rates demanded exceed the amount payable under this Act; and on the giving of that notice and on payment of trespass rates (where trespass rates are demanded), together with all other authorized fees and charges, the poundkeeper shall release the stock, and the local authority shall retain the trespass rates to abide the order of the District Court as provided in section 30.

Compare

1908 No 79 s 9

Notes

Section 29: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).