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Impounding Act 1955

Provisions for stock found straying or wandering on roads, and for wild stock - Special provisions as to stock too wild to impound

42: Disposal of wild stock straying on roads

You could also call this:

"What happens to wild animals found on roads that are too wild to catch"

Illustration for Impounding Act 1955

If you find wild animals like horses or cows on a road, and they are too wild to catch, the local authority can decide what to do with them. You need a written authority from two members of the local authority to destroy the animals. If a Minister of the Crown is in charge, the written authority can be signed by someone the Minister chooses. The local authority can get a poundkeeper or ranger to destroy the wild animals if they have the written authority. The animals are considered wild if they cannot be caught or handled because of how wild they are, and if nobody knows who owns them.

If a police officer thinks the wild animals are a danger to people using the road, they can destroy the animals right away. This can happen if the animals are too fierce and the danger is immediate, so there is no time to catch or handle them. In this situation, the police officer does not need a written authority to destroy the animals.

When the law talks about wild animals, it means horses, cows, bulls, and other similar animals. If any of these animals are destroyed, the local authority or the police officer will not be responsible for paying any damages to the owner.

The local authority can decide what to do with the dead animal's body, and any money they get from it will go to the local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM294203.

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Part 6Provisions for stock found straying or wandering on roads, and for wild stock
Special provisions as to stock too wild to impound

42Disposal of wild stock straying on roads

  1. Where stock is found straying or wandering on any road, or so near any road as to be reasonably likely to stray on to the road, not being a road in respect of which a declaration under section 34 is for the time being in force, and—

  2. the stock cannot be impounded or otherwise dealt with as provided in section 33 because of its wildness; and
    1. the ownership of the stock is not known to the local authority and cannot reasonably be ascertained,—
        1. then, on obtaining a written authority signed by any 2 members of the local authority, or, where a Minister of the Crown is the local authority, signed by any person authorised by that Minister to sign such a written authority, any poundkeeper or ranger employed by the local authority may forthwith destroy the stock.

      1. Where stock is found straying or wandering on any road or so near any road as to be reasonably likely to stray on to the road, and any constable has reasonable cause to believe that—

      2. by reason of its fierceness the stock is a danger to persons using the road; and
        1. the danger is so immediate that it is not possible or practicable for the stock to be impounded or to be dealt with under subsection (1),—
            1. the constable may forthwith destroy the stock.

          1. In this section the term stock means any horse, mare, gelding, colt, filly, or foal; and bull, cow, ox, steer, heifer, or calf; or any ass or mule.

          2. Where any stock is destroyed in accordance with subsection (1) or subsection (2), the local authority or any member or servant thereof or the constable, as the case may be, shall not be liable for any damages which may subsequently be claimed by any owner or reputed owner of the stock.

          3. The local authority may dispose in such manner as it thinks fit of the carcass of any stock destroyed in accordance with subsection (1) or subsection (2). The proceeds (if any) of the disposal of any such carcass shall form part of the funds of the local authority.

          Notes
          • Section 42(1): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).