Impounding Act 1955

Procedure for disposing of unclaimed, suffering, or worthless impounded stock

55: Recovery of damages or trespass rates from residue of proceeds

You could also call this:

"Getting paid back for damage caused by impounded stock"

If you have stock that has been impounded and you are not known or cannot be found, the person who impounded the stock can apply to the District Court for an order to pay them for any damage they suffered. They can do this within 6 months after the stock is sold. The person who impounded the stock must tell the local community by putting a notice in a newspaper and give a copy of the application to the local authority at least 14 days before the court hearing.

When the court hears the application, it will decide how much damage the person who impounded the stock suffered and can order the local authority to pay them that amount, plus any costs. The court will also consider any money that has already been paid to the local authority from the sale of the stock. You can find more information about this process by looking at the District Court Act 2016 and the Local Government Act 2002.

If you want to make an application to the District Court, you must follow the court's rules and pay the required fees. The application must be made in a specific way, and you can find out more about this by looking at the rules of the District Court.

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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=DLM294223.

Topics:

Environment and resources > Farming and fishingHousing and property > Land useCrime and justice > Courts and legal help

54: Application of proceeds of sale of impounded stock, or

"What happens to the money when impounded animals are sold"

56: Deficiency of fees, charges, and trespass rates recoverable from owner, or

"Paying the remaining costs if your stock is sold and doesn't cover the fees"

Part 8Procedure for disposing of unclaimed, suffering, or worthless impounded stock

55Recovery of damages or trespass rates from residue of proceeds

Where the residue of the proceeds of any sale of impounded stock under this Act is not claimed by any person entitled thereto and the owner of the impounded stock is not known to the local authority or to the impounder of the stock or cannot be found, the impounder of the stock, if he has not claimed any trespass rates, may at any time within 6 months after the sale apply to the District Court in its civil jurisdiction for an order that the amount of any damages sustained by him in consequence of the trespass be paid to him out of the residue of the proceeds of the sale.
Notice of the application shall be published by the applicant in some newspaper circulating in the locality not less than 14 clear days before the time appointed for the hearing thereof, and a copy of the application shall be served by the applicant on the local authority.
On the hearing of the application the court shall determine the amount of the damage sustained by the applicant in consequence of the trespass, and may make an order that that amount, together with the costs and disbursements, or such smaller amount as may have been paid to the local authority as the residue of the proceeds of the sale, shall be paid by the local authority to the applicant.
Every application to the District Court under this section shall be made by way of originating application in accordance with the rules of that court, and the fees prescribed by those rules in respect of originating applications shall be payable.

Compare

1943 No 20 s 16

Notes

Section 55(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 55(3): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 55(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).