Impounding Act 1955

Provisions for stock found straying or wandering on roads, and for wild stock - Stock straying or wandering on roads

33: Stock straying or wandering on roads

You could also call this:

"What to do with animals found wandering on roads"

If you find stock straying or wandering on a road, you can seize it and either impound it or return it to the owner if you know who they are. The owner of the stock may have to pay a fine, which can be up to $100 for each entire animal and up to $50 for each other animal. You may also have to pay other rates and charges.

If you find stock straying or wandering on a road at night, you can put it in a nearby yard or paddock with the owner's consent, and then return it to the owner or take it to a pound the next day. If you have to pay to impound or deal with the stock, you can recover those expenses from the owner, on top of any other fees, charges, and fines they have to pay.

If stock is near a road and might stray onto it, it is considered to be straying or wandering on the road. You can find more information about changes to this law by looking at the Criminal Procedure Act 2011 and the Impounding Amendment Act 1980.

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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=DLM294189.

Topics:

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

32: Temporary pounds, or

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

34: Section 33 not to apply in certain cases, or

"Some roads have special rules if you let your animals use them, but not all roads need these rules"

Part 6Provisions for stock found straying or wandering on roads, and for wild stock
Stock straying or wandering on roads

33Stock straying or wandering on roads

Where at any time of the day or night any stock is found straying or wandering on any road, or tethered on any road in such a manner as to obstruct or be reasonably likely to obstruct the road, any person may seize the stock, and may either impound it or, where the owner thereof is known to him, return it to the owner; and in any such case the owner of the stock, in the case of entire animals, is liable on conviction to a fine not exceeding $100 for every head thereof and, in the case of other animals, to a fine not exceeding $50 for every head thereof, in addition to any other rates and charges payable under this Act.
Where any stock is found so straying or wandering or tethered between sunset and sunrise, any person may, with the consent of the owner of the yard or paddock, place it in any yard or fenced paddock for the night and shall, as soon as possible after sunrise, either return it to the owner or remove it or cause it to be removed to the nearest accessible pound.
Any expenses reasonably incurred by any person impounding or otherwise dealing with stock under this section, shall be recoverable by action from the owner of the stock over and above any other fees, charges, and fines payable under this Act.
For the purposes of this section stock straying or wandering or tethered so near a road as to be reasonably likely to stray on to the road shall be deemed to be straying or wandering or tethered on the road.

Compare

1908 No 79 ss 17, 18

Notes

Section 33(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 33(1): amended, on 1 April 1981, by section 9(c) of the Impounding Amendment Act 1980 (1980 No 59).
Section 33(3): amended, on 1 April 1981, by section 8 of the Impounding Amendment Act 1980 (1980 No 59).