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Part 12 Stock Control

The objective of this part of the bylaw is to provide for the orderly droving and control of stock on roads through and within the District, with particular regard to traffic safety, damage to roads and minimising nuisance. This part of the bylaw reinforces among the rural community a growing need to adopt a ‘good neighbour policy’ to meet the needs of other road users when stock are on roads. This part of the bylaw is made under the authority of the Local Government Act 1974 and the Transport Act 1962.

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

DROVER means any person with the necessary skills and experience to lead or drive stock on a public road.

DRIVE includes to lead.

HOURS OF DAYLIGHT means any period of time between half an hour before sunrise on any one day and half an hour after sunset on that day.

INFREQUENT MOVEMENT OF STOCK means the movement of stock on a road on not more than one occasion in any three (3) week period.

2.0 General responsibilities of persons in charge of stock
2.1 Every person being the owner or having the care, custody or control of any stock:
a) Shall keep and prevent the same from wandering or being at large without proper control on any public place;
b) Shall enquire into and be aware of any public liability associated with the keeping or driving of stock (and includes the maintenance of adequate boundary fences and secure gates), together with any health and safety requirements pursuant to the Health and Safety in Employment Act 1992.

2.2 No person shall allow stock under their control or charge to loiter in any public place.

2.3 No person shall tether or otherwise put or place any animal for the purpose of depasturing or grazing the same, on any public place, except in areas zoned rural, or on any public place for which a current ‘grazing lease’ has been issued by the council. No person shall graze animal(s) on a public place in a rural zone, without first having made application to, and having received approval of the council. The council may impose such conditions as considered appropriate.

2.4 No person shall drive stock along any road unless during the hours of daylight as defined in this part of the bylaw. This part of the bylaw shall not apply in the case of returning stock to a secure paddock following their escape, or in an emergency situation.

2.5 While any stock are being driven on any road, or part thereof the driver or drivers shall keep them moving at a reasonable speed at all times so as to achieve a distance of at least two kilometres in an hour, not being over the same ground.
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2.6 No person shall drive or permit the driving of any stock on any road, or part thereof, unless the stock shall at all times be under the control of two or more persons, including one person in control at the front of the herd and a second person in control and located at the rear of the herd.

2.7 Any person, being the driver of any stock on any road or part thereof shall where reasonably necessary to allow any vehicle to proceed along such road or part thereof, take all reasonable practicable steps at the request of the driver of such vehicle, or Authorised Officer to make or allow a way for the vehicle to pass through the stock.

2.8 a) Any drover, farmer or other person in control of any stock on the road shall take all reasonable steps to clean the road free of faecal waste immediately after use by such stock.
b) This clause is not applicable in the situation involving the ‘infrequent movement of stock’ as defined in clause 1.0 of this part of the bylaw.
c) Reasonable steps shall include the adequate washing of road surfaces to remove faecal waste, or the reasonable removal of faecal waste using a flat mouth shovel or similar implement. Deposition of such waste shall be in a manner that does not cause annoyance or nuisance.
d) i) Any drover, farmer or other person in control of any stock on the road shall ensure they adopt a ‘good neighbour policy’ in regard to other road users;
ii) A ‘good neighbour policy’ involves being respectful, mindful and reacting positively to meet the needs of other road users.

3.0 Permits for droving
3.1 Where any person intends to drive stock further than 20km through or within the District then before that drove commences or any stock enters the District the person in charge of the drove shall apply in writing to the council for a permit to drove.

3.2 The applicant shall state:
a) Stock owner’s name and address and contact phone number;
b) Head drover’s name and address;
c) Number of stock;
d) Types of stock;
e) Identification marks of stock;
f) Number of drovers and dogs;
g) Intended route through the District;
h) Statement of daily stages and holding paddocks;
i) Details of Bovine TB Status Cards.

3.3 No drove shall be commenced under this part of the bylaw, unless a permit has been issued by an Authorised Officer, and subject to such conditions as considered appropriate.
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4.0 Driving stock on roads
4.1 No person shall drive or permit the driving of stock on any road within the New Plymouth District with the exception of:
a) Any permit issued by the council to drove stock.
b) The infrequent movement of stock up to twenty (20) km but not through an urban area.
c) The movement of dairy cattle subject to the conditions as outlined in clause 4.2 of this part of the bylaw.
d) Any horse which is being led or ridden or which is drawing a vehicle of any description.
e) Any stock which is being transported in a vehicle.

4.2 a) Movement on private land
No person shall move dairy cows across or along a road where they are able to move such cows on private land.
b) Cattle crossing roads
Where a road intersects a farm or associated grazing leases and it is necessary for dairy cattle to cross the road as a regular part of a dairy farming regime, the dairy herd shall not be permitted to cross the road unless through an underpass or crossing-place approved by the Council following receipt of a written application.
An approved crossing place will require appropriate location and adequate signage to warn motorists. The points of exit and access shall as nearly as practicable be opposite each other. This is likely to involve the provision of additional gates to enable exit and access points to be opposite each other on the same farm or adjacent grazing leases.
c) Separation of farming units
Where a farming unit or associated grazing lease is split in two or more parts (and not being adjacent to each other) dairy cattle shall not be moved from one part of the farm or lease to another along a road (except for the infrequent movement of stock), unless they are driven along the shortest practicable route using a properly constructed and approved race. The race shall be approved by council following receipt of a written application as outlined by clause 5.0 of this part of the bylaw. The construction, maintenance and liability for such race and fencing shall be the responsibility and at the cost of the farmer or person constructing or utilising the race. This part of the bylaw shall not apply to any bridge or similar construction which may need to be crossed, or where there is no available road reserve area. Where any proposed race will pass in front of any property (not owned by the applicant) approval for construction of the race along that part of the road reserve will be required from the appropriate landowner (or occupier).

5.0 Application for permit
Applications for permits under clauses 3.1 and 4.2 of this part of the bylaw shall be made in writing and otherwise shall comply with any form or procedure and application fee, which the council may prescribe.

5.1 Conditions of permit
The council may refuse or approve an application for a permit under clause 5.0 of this part of the bylaw, and may impose any conditions it thinks fit. Where a permit is obtained the conduct or activity permitted may be undertaken only in accordance with the permit and any conditions imposed.

5.2 a) Any person aggrieved by the decision of the council on any such application may within seven working days after the decision is made in writing, request a special committee of council in writing to review the decision. Pending completion of the review the decision on the permit and all conditions imposed, shall remain in effect.
b) The special committee of the council in the case of clause 5.2(a) of this part of the bylaw shall consist of a member of the council, the President (or nominee on his/her behalf) of Federated Farmers and an independent chairperson agreed by those parties.
c) The decision of the special committee of the council shall be made in writing, and shall be binding on all parties.
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