Plain language law

New Zealand law explained for everyone

Reserves Act 1977

Miscellaneous provisions - Offences

96: Trespassing animals

You could also call this:

"What happens if your animals wander onto a reserve without permission"

Illustration for Reserves Act 1977

If you let your animals roam free on a reserve without your name on them, they can be taken by someone in charge. You are not allowed to let your animals trespass on a reserve. If your animals are on a reserve and you do not remove them, they can be destroyed, sold, or disposed of.

If your animals have your name on them or someone knows they belong to you, and they are found on a reserve, the people in charge will put a notice in the newspaper telling you to remove them. If you do not remove your animals within 14 days, they can be destroyed, sold, or disposed of.

You can be fined and have to pay for the costs of removing your animals and any damage they caused if you are found guilty of letting them trespass on a reserve. The costs will be decided by a District Court Judge.

This rule does not apply to wild animals, which are defined in the Wild Animal Control Act 1977.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM444996.

Topics:
Environment and resources > ConservationEnvironment and resources > Land useHousing and property > Land useCrime and justice > Police and safety
Previous

95: Seizure and forfeiture of property, or

"What happens if you take or keep something in a reserve that you're not allowed to have"

Next

97: Damage by fire, or

"Don't light fires on reserves without permission or you might have to pay for the damage"

Part 5Miscellaneous provisions
Offences

96Trespassing animals

  1. All cattle, sheep, horses, or other animals of any kind whatsoever which are unbranded and have no reputed owner and are found trespassing on a reserve—

  2. may be seized by any person generally or specifically authorised in writing in that behalf by the administering body of the reserve or, if the reserve is not under the control and management of an administering body, by any person similarly authorised by the Commissioner; and
    1. shall thereupon be deemed to be forfeited to the administering body or the Crown, as the case may be, and the administering body or the Commissioner may cause them to be destroyed, sold, or otherwise disposed of as it or he or she thinks fit.

      1. Where cattle, sheep, horses, or other animals of any kind whatsoever which are branded or which have a reputed owner are found trespassing on a reserve,—

      2. the administering body of the reserve or, if the reserve is not under the control and management of an administering body, the Commissioner may issue once a week for 2 consecutive weeks, in some newspaper circulating in the locality, a notice calling on the owner or reputed owner to remove the cattle, sheep, horses, or other animals from the reserve, or from any other place to which they may have been transferred pending their removal by the owner or their disposal pursuant to the provisions of this subsection, and giving warning that if they are not removed within 14 days from the date of the first notice they will be destroyed, sold, or otherwise disposed of; and
        1. if any such cattle, sheep, horses, or other animals are not removed within the time mentioned in the notice, the administering body or the Commissioner, as the case may be, may cause them to be destroyed, sold, or otherwise disposed of, and no liability shall attach to the administering body or the Crown or the Commissioner or any other person for any damage occasioned thereby.

          1. Any person convicted of an offence against section 94(1)(b) shall, in addition to any penalty for which he or she may be liable for that offence, pay any costs incurred by the administering body or the Commissioner in advertising or issuing notices calling on the owner or reputed owner of the cattle, sheep, horses, or other animals to remove them from the reserve, and the expenses of mustering, destroying, selling, or otherwise disposing of the said stock and the value of any damage done to the reserve. The costs incurred or value of damage shall be assessed by a District Court Judge, and shall be recoverable in like manner as a fine.

          2. Nothing in this section applies to wild animals (as defined in section 2 of the Wild Animal Control Act 1977).

          Compare
          • 1953 No 69 s 84(6)
          Notes
          • Section 96(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 96(3): amended, on , pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
          • Section 96(4): inserted, on , by section 7 of the Reserves Amendment Act 1994 (1994 No 110).