Impounding Act 1955

Remedies for stock trespassing - Damages for trespass and trespass rates

31: Special remedies for trespass by pigs, goats, or poultry

You could also call this:

"What to do if pigs, goats, or poultry trespass on your land"

If pigs or goats trespass on your land, you can claim trespass rates from their owner. You can claim these rates even if your land is not fenced. If the same owner's pigs or goats trespass on your land again within three months, you can claim double the trespass rates. You can find the trespass rates in the regulations made under the Impounding Act 1955, which is linked to section 27. If you have land with grass or crops and pigs, goats, or poultry trespass on it, you can destroy them if they are not certain types of goats.

If you destroy an animal or bird, you must tell its owner within 24 hours if you know who they are. If you do not know who the owner is, you must tell the police. You must describe the animal or bird and where you destroyed it. If you do not do this, you might have to pay a fine.

If the owner of the destroyed animal or bird does not collect it within 48 hours, you must bury or dispose of it. If you do not do this, you might have to pay a fine.

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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=DLM294182.

Topics:

Environment and resources > Farming and fishingCrime and justice > Criminal law

30: Jurisdiction of District Court, or

"What the District Court can decide about impounded animals"

32: Temporary pounds, or

"A temporary pound is a special fenced area where the local authority can hold seized animals."

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

31Special remedies for trespass by pigs, goats, or poultry

Notwithstanding anything in section 27, the occupier of any fenced or unfenced land trespassed on by pigs or goats may recover from the owner of those pigs or goats trespass rates at the rates prescribed by regulations made under this Act; and, if any pigs or goats the property of the same owner trespass upon that land within 3 months after the first trespass, the occupier may recover from the owner thereof, in respect of every separate time they so trespass, trespass rates at double the rates prescribed by regulations made under this Act.
The occupier of any fenced land sown in grass or under cultivation may destroy any poultry or pigs or goats, other than branded Angora or Saanen or Toggenburg goats, found trespassing upon the land.
The occupier so destroying any such animal or bird shall within 24 hours send in writing a description of the animal or bird so destroyed, and of the place where it was destroyed, to the owner thereof if he is known, and, if he is unknown, then to the nearest police station, and if he makes default in so doing he is liable on conviction to a fine not exceeding 10 pounds: provided that it shall not be necessary to send any description in the case of any wild animal or wild bird so destroyed.
If the carcass of any animal or bird so destroyed is not claimed and removed by its owner within 48 hours after being destroyed, the occupier shall bury or otherwise dispose of the carcass, and if he makes default in so doing he is liable on conviction to a fine not exceeding 10 pounds.

Compare

1908 No 79 s 14

Notes

Section 31(1): amended, on 1 April 1981, by section 10(4) of the Impounding Amendment Act 1980 (1980 No 59).
Section 31(1): amended, on 1 April 1981, by section 10(5) of the Impounding Amendment Act 1980 (1980 No 59).
Section 31(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 31(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).