Impounding Act 1955

Offences and penalties

59: Burden of proof in certain cases on poundkeeper

You could also call this:

"Poundkeepers must prove they didn't lose stock through their own carelessness."

If you are a poundkeeper and you are charged with losing impounded stock because you were careless on purpose, you have to prove that you did not lose the stock. If it is shown that the stock was in your care, it is assumed that you lost it unless you can prove otherwise. You have to show that you did not lose the stock through your own negligence.

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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=DLM294235.

Topics:

Environment and resources > Farming and fishing

58: Offences by other persons, or

"Breaking the rules about impounded animals can get you in trouble and cost you money"

60: Person using stock without consent of owner, or

"Using someone's impounded animal without their okay can get you in trouble"

Part 9Offences and penalties

59Burden of proof in certain cases on poundkeeper

Repealed
Where a poundkeeper is charged with losing any impounded stock through wilful and culpable negligence, and it is proved that any stock impounded was in the custody of the poundkeeper, the stock shall be deemed to have been so lost unless the poundkeeper proves the contrary.

Compare

1908 No 79 s 49

Notes

Section 59(1): repealed, on 23 October 1963, by section 3 of the Impounding Amendment Act 1963 (1963 No 91).