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Impounding Act 1955

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

34: Section 33 not to apply in certain cases

You could also call this:

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

Illustration for Impounding Act 1955

If you have stock that sometimes goes on a road, there are rules to follow. You might not have to follow these rules if the road is not used much and your stock won't cause problems for people using the road. The local authority can decide this and tell everyone about it.

When the local authority makes this decision, you will have to put up warning signs at the road entrances to let people know your stock is nearby. You might also have to put up cattle stops or swing gates if the local authority asks you to, as stated in section 344 of the Local Government Act 1974. You have to keep these signs and gates up and working for the decision to apply.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM294192.

Topics:
Environment and resources > Farming and fishingTransport and travel > Driving
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33: Stock straying or wandering on roads, or

"What to do with animals found wandering on roads"

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35: Stock straying on roads may be impounded in a temporary pound, or

"Animals found on roads can be put in a temporary holding area"

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

34Section 33 not to apply in certain cases

  1. Where—

  2. a local authority is satisfied that any road or any portion of a road within its district is so infrequently used by motor traffic that stock depasturing on or near the road will not constitute an inconvenience or danger to the users thereof; and
    1. the road or portion thereof is unfenced or only partially fenced on one side only or on both sides,—
        1. the local authority may, by resolution publicly notified, declare that the provisions of section 33 shall not apply with respect to that road or portion thereof.

      1. Where any such declaration is made under this section, the occupier of the land by which the road or portion thereof is bounded shall—

      2. erect and maintain in some permanent manner and in some conspicuous place at each entrance to the road or, as the case may be, at each end of the portion thereof, a warning notice in a form approved by the local authority to the effect that stock is depasturing on or adjacent to the road; and
        1. if the local authority so requires, and subject to section 344 of the Local Government Act 1974, erect cattle stops or swing gates at such places on the road or portion thereof, as the case may be, as the local authority specifies,—
            1. and the declaration shall have effect only so long as those notices and the cattle stops and swing gates required by the local authority are so erected and maintained.

          1. Repealed
          Compare
          • 1908 No 79 s 17(4)
          Notes
          • Section 34(2)(b): replaced, on , by section 8(3) of the Local Government Amendment Act 1979 (1979 No 59).
          • Section 34(3): repealed, on , by section 51(1) of the Summary Offences Act 1981 (1981 No 113).