The Short Title of this Act is “The Impounding Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

The Governor may from time to time by Proclamation exclude any portion of a district from the operation of this Act, or any of the provisions of this Act, and may similarly extend such operation to any part of a district formerly excluded therefrom; and may declare the time at which such operation shall take effect within the area to be so notified, and thereupon the Act shall take effect accordingly.

A local authority may from time to time by public notice alter any or all of the rates, charges, and fees under this Act, but not so as to exceed those set forth in the Schedules to this Act.

The occupier of any land trespassed on by cattle may impound the same; but, except as is hereinafter mentioned in respect of pigs or goats, the occupier of any unfenced land shall not be entitled to demand or recover any damages whatever by reason of the trespass thereon of any cattle, except fees for driving or for giving notice of the detention of such cattle, as provided in the Second Schedule hereto.

The occupier of any fenced land trespassed upon by cattle may claim on account of such trespass the trespass rates provided in the Second Schedule hereto, or he may claim in any Court of competent jurisdiction full satisfaction for any actual damage sustained by him in consequence of such trespass; but if he claims such actual damage, then, although the cattle have been impounded or dealt with as provided in sections eleven and twelve hereof, they shall not be detained in the pound until payment is made of such actual damages.

Sections five and six hereof shall not have operation within the Provincial Districts of Nelson, Marlborough, Westland, and Otago; but in lieu thereof the provisions set forth in the Appendix to this Act, and marked A and B, shall be in force respectively as in the said Appendix mentioned as if enacted herein:

Provided that the Governor, on resolution passed by not less than two-thirds of the members of any local authority of a district within any such provincial district, may by Proclamation declare the aforesaid sections five and six to be in force, as and from a day to be named in such Proclamation, in the district of such local authority:

Provided also that such resolution shall not be necessary where the Governor is the local authority of the district.

Every such Proclamation shall, from the day aforesaid, annul within the district of the local authority to which it relates the special provisions in the Appendix of this Act previously in force within such district.

Any such Proclamation may be revoked by the Governor in manner aforesaid, or by resolution of either House ‘of Parliament, and after such revocation no further Proclamation shall be issued in respect of the same district.

Every Proclamation made under section seven of “The Impounding Act, 1884,” shall be deemed to have been made under this section, and this section shall operate and be construed accordingly.

In respect of the trespass of any entire horse, entire ass, or entire mule, any bull, or any ram or boar, there shall be payable as a special trespass rate, in addition to any other sum fixed under this Act by way of trespass rate, any sum not exceeding ten pounds, to be recovered in a summary way.

The owner of impounded cattle may give notice in writing to the poundkeeper that he intends to complain to a Justice against the person impounding such cattle, that such impounding was illegal under this Act, or that the trespass rates or damages demanded for the trespass of such cattle are excessive; and on receipt of such notice, and, if trespass rates are demanded, on payment of such rates, with the pound and other authorised fees and charges, the poundkeeper shall release such cattle and retain such trespass rates to abide the order of Justices as hereinafter provided.

Every such complaint shall be made within ten days after the giving of such notice in writing, and shall be heard and determined in a summary manner before any two or more Justices.

The Justices may dismiss the complaint, or may find that the cattle were not trespassing, or that such impounding was illegal under this Act, or that the trespass rates or damages demanded for the trespass of such cattle are excessive; and may make an order against the defendant for the amount of damages sustained by the owner in consequence of such illegal impounding or excessive demand, and for the amount of all pound and other authorised fees and charges paid by the owner to the poundkeeper as aforesaid; and such order shall be an authority to the poundkeeper to pay such owner such trespass rates so retained by him.

The Justices may hear and determine the said complaint, notwithstanding any question of title to the property or suggestion of right that may be involved therein.

Except as hereinafter provided, cattle shall not be impounded under this Act except in the nearest accessible pound to the place where such cattle were found trespassing.

The person by whom or by whose order any cattle are sent to the pound shall specify in writing to the poundkeeper the description, number, brands or apparent brands, and ear-marks of such cattle, the place where they were found trespassing, and the amount of damage claimed for such trespass according to the provisions of this Act, and, so far as the person impounding can state the same, the name of the owner of such cattle.

The cattle may be either led, conveyed, or driven to the pound.

The occupier of any land trespassed on by cattle the owner whereof is known to him may impound and detain the same in any convenient place upon his own land; and in such case he shall, within sixteen hours of such impounding, give to the owner of the said cattle, either personally or by leaving the same at his usual or last known place of abode, the like written description of particulars as is hereinbefore required to be given to the keeper of any pound by any person sending cattle thereto.

Such occupier shall feed and maintain the cattle when so impounded, and shall not keep them impounded longer than two whole days of twenty-four hours each, and at the expiration of that time, if not sooner released by payment of the rates chargeable under this Act by the keeper of the nearest accessible pound for feeding and maintaining such cattle, he shall lead, convey, or drive the cattle to such pound.

For the purposes of this and the last preceding section “nearest accessible pound” means the pound which is most easily accessible having regard to distance and facilities of access at the time of impounding.

The occupier of any land trespassed on by cattle may restore the same to the owner thereof, and in such case may demand, and in case of non-payment recover in a summary way before any two Justices, from the owner of the cattle, the amount of any trespass rates that would be payable if the cattle were impounded in respect of the trespass thereof, together with the charges of driving the cattle to the residence of the owner.

The occupier of any fenced or unfenced land trespassed on by pigs or goats may recover from the owner of such pigs or goats trespass rates at the rate specified in the Second Schedule hereto; and if any pigs or goats the property of the same owner trespass on such land within the space of three months after the first trespass, such occupier may recover from the owner thereof, in respect of every separate time they so trespass, trespass rates at double the rate specified in the said Second Schedule.

The occupier of any fenced land in artificial grass or under cultivation may destroy any pigs, goats (other than branded Angora goats), or poultry found trespassing upon such land.

The occupier so destroying any such animal shall within twenty-four hours send in writing a description of the animal or animals so destroyed, and of the place where destroyed, to the owner thereof, if he is known, and, if he is unknown, then to the nearest police-station, and if he makes default in so doing he shall be liable to a fine not exceeding ten pounds:

Provided that it shall not be necessary to send such description in the case of wild pigs so destroyed.

If the carcase of any such animal is not claimed and removed by its owner within forty-eight hours after being destroyed as aforesaid, the occupier shall bury the carcase, and if he makes default in so doing he shall be liable to a fine not exceeding ten pounds.

Subsections two to four of this section may, by a vote of two-thirds of the members of a local authority, be declared to be not in operation in the district within which the local authority has jurisdiction.

Where a pound is too small to conveniently hold the number of cattle required to be impounded therein, the poundkeeper may place any such cattle in some paddock or convenient place near to such pound to be approved by the local authority; and such poundkeeper shall be responsible for the custody of such cattle in the same manner, and be entitled to the same fees, as if the cattle had been lodged in the pound.

The occupier of any land trespassed upon by cattle, whose fences have been broken by such cattle, may, when the amount claimed for the repair of such fence does not exceed two pounds, demand and charge the same as a trespass rate.

Any person authorised either by the local authority having charge of the roads, or by any person owning land adjacent thereto, may impound any cattle which at any time of the day or night are found wandering at large, or straying in or lying about or tethered in any road or other place of public resort, or so immediately adjoining thereto as to obstruct the same, and the owner of the cattle shall be liable to a fine not exceeding two pounds for every head thereof over and above any other rates and charges incident to the impounding of any such cattle.

If any cattle are found so wandering, straying, lying about, or tethered between sunset and sunrise, any constable, or occupier of land adjoining such road, or other person authorised by the local authority, may place any such cattle in any stable, yard, or enclosure during the night, and remove the. same as soon as conveniently may be after sunrise to the nearest pound.

Any expenses, not exceeding one shilling per head for the first twenty head and sixpence per head for all over that number, incurred by the constable or other person in so doing shall be paid by the owner of the cattle over and above any other fine, rates, and charges as aforesaid.

This section shall not apply—

Any person may impound any bull, or entire horse, or entire ass, or entire mule respectively above the age of nine months, or any ram or boar respectively above the age of four months, found wandering at large on land not in the lawful occupation of the owner of such animal, or upon any road or other place of public resort, and the owner of the animals so found wandering shall be liable to a fine not exceeding twenty. pounds, in addition to any other fine, rates, and charges imposed by this Act in respect of cattle wandering at large.

Every male animal not completely castrated shall, for the purposes of this Act, be deemed to be an entire animal.

All unbranded cattle above the age of six months, or apparently above that age, which at any time are depasturing on Crown land, and which have no reputed or apparent owner, shall be and be deemed to be the property of His Majesty.

The Commissioner of Crown Lands of the land district wherein such cattle are depasturing may cause the same to be sold and disposed of in such manner as he thinks fit, or may authorise the killing of such cattle.

Where cattle are depasturing on private land, and cannot be impounded by reason of their wildness, the keeper of the nearest pound shall, on the request of the owner of the land and the tender of the cost and expenses of the advertisement, forthwith cause a public notice to be advertised once a week for two consecutive weeks calling upon the owner of the cattle forthwith to remove the same from the land where they are depasturing, and warning him that, if they are not so removed within three weeks from the date of the first of such notices, they will be sold at the expiration of the said three weeks by public auction in the same manner as if they had been impounded cattle sold by reason of not being released.

The poundkeeper shall sell such cattle accordingly, but on the express stipulation that they are to be removed forthwith from the land where they are depasturing, and that in default of such removal the occupier of such land may destroy the same without being answerable for damage occasioned thereby.

Every such sale shall in all respects be a pound sale, and the proceeds shall be applied accordingly.

In either of the cases mentioned in the two last preceding sections the purchaser of such cattle, on obtaining a written authority for that purpose from the Commissioner of Crown Lands or the pound-keeper, as the case may be, may, within such time and in such manner as are mentioned in such authority, with necessary and proper assistance, take possession of such cattle, and for that purpose may enter upon any Crown land or private land, as the case may be, where the cattle are depasturing, and may destroy any of such cattle that by their wildness prevent or impede him in the recovery of the remainder thereof.

Any such purchaser shall, in the removal or mustering of any such cattle, be liable for any damage occurring through such removal or mustering to any cattle other than the proper cattle that are so being removed or mustered.

No person shall drive any cattle from the land or out of the herds of any other person without first giving not less than twenty-four hours’ notice in writing to such last-mentioned person, his overseer or person in charge, of the time he intends to drive away such cattle.

Every person who fails to give such notice, or who enters upon any other person’s land for the purpose of driving any such cattle, or attempts to drive any such cattle without giving such notice, commits an offence, and is liable to the same penalties as are herein provided in respect of similar offences.

Nothing in this section shall affect the provisions of any Act relating to the removal of sheep.

Every poundkeeper may charge and receive for cattle impounded the several rates, charges, and fees specified respectively in the Second and Third Schedules hereto.

The person impounding cattle shall not be liable to pay to the poundkeeper any rates, charges, or fees in respect of the same.

All rates, charges, and fees not otherwise appropriated by this Act shall form part of the District Fund of the district in which the same are received; but in cases where the poundkeeper is paid by fees, he shall be entitled to retain for his own use, out of the whole amount of fees received by him, so much as is from time to time prescribed in that behalf by the local authority.

The owner of cattle impounded for trespass shall pay the trespass rates specified in the Second Schedule hereto, according to the description of cattle trespassing and according to the description of land or crop trespassed on, regard being had as to whether the land trespassed on was or was not fenced.

The owner of cattle impounded shall also be liable to pay the rates specified in the Second Schedule hereto, as fees for giving or sending notices, or as charges for leading or driving such cattle to the pound.

Except the special trespass rate specified in section eight hereof, all trespass rates payable in respect of impounded cattle shall be payable in the first instance to the poundkeeper, who shall hold the same subject to the provisions of this Act, and shall pay the same to the person entitled thereto.

Where cattle have been seized for trespass by any occupier for the purpose of impounding the same, if the owner of the cattle or some person on his behalf pays or tenders the trespass rate and the driving rate to the person seizing or having charge of the cattle before the same have been actually impounded, the person having charge shall forthwith deliver up the cattle to the owner or the person tendering on his behalf such trespass rate and driving rate.

The local authority may from time to time by public notice—

A local authority shall not notify any place as a public pound unless and until the same is properly fenced and enclosed, and provided with sufficient means of shelter for the animals impounded therein, and adapted, so far as may be, for keeping cattle infected with any contagious or infectious disease separate and apart from other cattle.

A copy of any public notice of the establishment or abolition of any pound, or of the appointment, suspension, or removal of any poundkeeper, or of any matter or thing required to be done by or under this Act, shall be prima fade evidence that such pound was duly established or abolished, or that such poundkeeper was duly appointed, suspended, or removed, or that such matter or thing has been duly done and performed.

Every poundkeeper shall keep his pound in good order and clean.

If the keeper of any pound does not keep the same clean, or knowingly keeps or permits to be kept any cattle infected with any contagious or infectious disease in the same enclosure with cattle not so infected, or does not keep the cattle from time to time impounded therein supplied with a sufficiency of wholesome food and water each day between the hours of six and nine o’clock in the forenoon and the hours of four and six o’clock in the afternoon, he shall, in respect of each separate case of neglect, be deemed to have committed a separate offence against the provisions of this Act.

Every poundkeeper shall keep a pound-book in the form in the Fourth Schedule hereto, and shall make all entries therein as soon after the doing of the several things required to be entered therein as possible, and shall not make any entry after any dispute as to the subject-matter of such entry has arisen.

The pound-book and a copy of this Act, which the pound-keeper is hereby required to keep, shall at all reasonable times be open to the inspection of any Justice, Registrar of Brands, Stock Inspector, ranger, owner of any impounded cattle, or constable free of charge, and of any other person upon payment of the sum of one shilling.

On the gate or some other conspicuous part of every pound there shall be erected and maintained a board having legibly painted thereon, in letters and figures not less than one inch in length, and either with white letters on a black ground or black letters on a white ground, the name of the poundkeeper and a table of all fees, charges, and rates he is authorised by this Act to receive.

Every poundkeeper shall receive and detain in his custody all cattle lodged in such pound until the trespass rates for which the same were impounded and all lawful fees and charges are paid, or until he receives notice of the decision or order of Justices as herein provided, or receives an order in writing, signed by the person impounding the cattle, for their release without payment of the trespass rates.

A poundkeeper shall not be required to deliver any cattle except between the hours of sunrise and sunset, nor, except as herein specially provided, to receive or allow any cattle to be impounded between the hours of sunset and sunrise unless the pound is more than five miles from the place where the cattle were trespassing, and the cattle have been driven that distance on the day they are brought to the pound.

When cattle are impounded the poundkeeper shall forthwith post a written notice on the gate or other conspicuous part of the pound, giving the number, particulars, brands or apparent brands, and ear-marks of the cattle; and such notice shall remain so posted until the cattle have been claimed or disposed of in due course of law.

It shall not be necessary to give any other or further notice when the cattle impounded consist of sheep, goats, pigs, or calves, and are not more than two in number.

Subject as last aforesaid, when cattle are impounded the poundkeeper shall forthwith, if the cattle are branded or marked with any registered brand or mark, or if the owner is known to the pound-keeper, deliver at or post to the address of the owner or person in whose name such brands or marks are registered a notice in the form in the Fifth Schedule hereto, and shall insert such notice in one or more newspapers published in the district.

When cattle have not been released from the pound within fourteen days in the case of neat cattle, horses, asses, or mules, and seven days in the case of sheep, pigs, or goats, after the giving or inserting the notice mentioned in the last preceding section, the same shall be sold by public auction.

Such sale shall be made on the first day appointed for a pound sale next after the expiration of such fourteen or seven days respectively.

Any Justice not interested in the matter may authorise—

Where an order for the sale of cattle is made by any Justice under the authority of this Act, such order may be in the form or to the effect set forth in the Sixth Schedule hereto.

Pound sales shall be held at such times in every month as the local authority prescribes by public notice.

At every such sale the poundkeeper shall act as auctioneer (who in respect of such sales shall not be required to take out an auctioneer’s license).

Such sale shall be held at the pound, and shall commence at the hour of noon, and not more than one head of great cattle, nor more than ten sheep or goats, nor more than five pigs shall be sold in one lot.

The poundkeeper shall not, either in person or by his agent, purchase any cattle at any such sale or have any interest of any kind in cattle so purchased.

Where any cattle have been offered for sale at any pound sale, and no bid has been made at such sale for the same, and they are not worth the sustenance fees that would be payable in respect thereof during the interval between such sale and the next day appointed for holding a sale at such pound, the poundkeeper may cause such cattle to be destroyed, and dispose of the carcases in such way as he thinks best, and the proceeds of sale of such carcases or any portion thereof shall be deemed the proceeds of the sale of impounded cattle.

In the case of each sale of impounded cattle sold under this Act the proceeds of such sale shall be applied in payment—

If within fourteen days after any pound sale any person entitled to any trespass rates or to any residue of the proceeds of such sale has not claimed payment thereof, the poundkeeper shall pay the amount of such trespass rates or residue into the District Fund.

Such payment into the District Fund shall not prejudice the right of any person to the amount so paid or any part thereof:

Provided that if such rates or residue are not claimed by any person entitled thereto within one year after such sale the same shall form part of the District Fund.

A purchaser of cattle sold under the provisions of this Act shall not be bound to prove that such sale was regular, or that the terms and conditions required by this Act were complied with, or be affected by any default or irregularity in respect of such sale; and no pound-keeper shall be liable for any penalties for selling by auction as herein provided.

If the proceeds of the sale of any cattle sold under this Act are insufficient to satisfy the fees and charges of the poundkeeper respecting the same, the deficiency shall be recoverable by the poundkeeper from the owner of the cattle; and if any cattle have been destroyed under the provisions of section forty-two hereof, the poundkeeper shall be entitled to recover his fees and charges against the owner of the cattle

Every poundkeeper is liable to a fine not exceeding fifty pounds who—

Every poundkeeper is liable to a fine not exceeding ten pounds who—

Every person other than a poundkeeper is liable to a fine not exceeding fifty pounds who—

Every such person is liable to a fine not exceeding ten pounds who—

Where a poundkeeper is charged with neglecting to provide sustenance for cattle impounded, the burden of proving that proper sustenance was provided for such cattle shall be on the poundkeeper.

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

Every person who, without the authority or consent of the owner thereof, works or uses whilst in pound any horse, mare, gelding, ass, mule, bull, bullock, steer, or heifer is liable to a fine not exceeding twenty pounds, together with such sum as the convicting Court considers reasonable and adjudges to be paid to the owner for his compensation and costs in that behalf.

All fines incurred under this Act may be recovered in a summary manner before a Magistrate or any two or more Justices, and shall be paid to the Public Account and form part of the Consolidated Fund.

All fees payable under this Act, except where otherwise provided, shall be paid to the District Fund.

All expenses and costs incurred by a local authority in the administration of this Act shall be defrayed out of the District Fund.