Wellington Lawyers: Fencing, Trespassing, and Wandering Stock: Essential Considerations for Farmers

WELLINGTON, New Zealand - Aug. 13, 2024 - PRLog -- With calves and lambs active in the fields, stock control is a top priority for farmers. While on-farm stock control often comes down to proper fencing suited to the specific livestock, the legal responsibilities surrounding fencing and liability for escaped animals may be more complex than you think.

Understanding the Law on Stock Control

If your livestock escapes and damages a neighbor's property, you might assume that you're fully responsible. However, this isn't always the case. According to Section 21 of the Impounding Act 1955, a landowner can seize and impound trespassing stock but can only recover damages if their land was adequately fenced. This means that both parties share some responsibility.

What Constitutes Adequate Fencing?

The Fencing Act 1978 defines an "adequate fence" as one that is satisfactory in nature, condition, and repair for the purpose it serves. For example, if your property is near dairy farms and you build a fence suitable for sheep, but dairy cows break through, you may not be entitled to seek damages from the neighbor. If livestock types change, it's essential to discuss updating boundary fences with your neighbor to ensure they remain fit for purpose. The Fencing Act also outlines how costs for boundary fences should be shared.

Impounding and Trespassing Stock

If your livestock enters another person's property without permission, it can be considered trespassing. Failing to remove your stock when asked constitutes criminal trespass under the Trespass Act 1980. The Impounding Act allows you to impound trespassing stock either on your property or at the nearest accessible pound. You must notify the stock owner, or the police if the owner is unreachable, within 24 hours if you destroy trespassing stock, especially pigs, poultry, or goats, as per Section 31 of the Impounding Act.

Recovering Damages for Trespassing Stock

Section 26 of the Trespass Act covers the damages recoverable for stock trespassing. Alternatively, landowners can opt for 'trespass rates,' typically sought when stock has grazed rather than caused significant damage. Trespass rates vary depending on the type of stock and the land affected. For example, cows on cultivated crops will incur higher rates than a horse grazing on grass.

So, what happens when your stock wanders onto a neighbor's land? Your livestock might be impounded or even destroyed by the neighbor, but if their property wasn't adequately fenced, they might bear the cost of any damage.

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