Bylaws Part 17: Stock droving
The objective of the Bylaw is to provide for the orderly droving of stock on roads through and within the district, with particular regard to traffic safety, and damage to roads. The bylaw also imposes conditions on droves and requires a permit for all droves over 20 km.
The Bylaw is made under the authority of the Local Government Act 2002. This bylaw does not apply to or impose controls over droving on State Highways (except where a permit is required under clause 5.3 of the bylaw). This activity is administered by Transit New Zealand.
1.0 Short title and commencement
1.1 The title of this bylaw is the Hastings District Council Stock
Droving Bylaw 2007, being part 17 of the Hastings District Council
Bylaws.
1.2 This bylaw comes into force on 1 October 2007 and the Stock Droving
Bylaw being Part 17 of the former Hastings District Council
Consolidated Bylaws 1995 is repealed.
2.0 Scope
2.1 The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.
2.2 This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
3.0 Definitions
CONTROLLING AUTHORITY means the authority, body, or person or persons having control of the road (and includes any person acting under and within the terms of any delegation or authorisation given by a controlling authority).
COUNCIL means the Hastings District Council or a duly authorised officer of Council.
DISTRICT means the area administered by the Hastings District Council.
DRIVE includes to lead.
DROVER means any person with the necessary skills and experience to lead or drive stock on a public road.
HOURS OF DARKNESS means any period of time between half an hour after sunset on any one day and half an hour before sunrise on the next day.
ROAD means a road as defined in Section 315 of the Local Government Act 1974.
STOCK means any horses, cattle, sheep, pigs, deer or other animals.
THROUGH THE DISTRICT means entering the district at one point and leaving at another point.
WITHIN THE DISTRICT means a drove which starts or finishes within the district.
4.0 Conditions for all droves
4.1 No person shall drive any stock on any road during the hours of darkness except with the written permission of the Council and in accordance with any special conditions the Council may prescribe or in the case of escape or emergency.
4.2 No drove shall commence when visibility is less than 100 metres.
4.3 The number of animals in any one mob shall not exceed 600 head of cattle or 3000 head of sheep.
4.4 For droves on all roads or parts of roads there shall be two competent drovers for every mob, one in front and one behind the mob, for the purpose of alerting traffic.
4.5 Every drover shall wear a bright coloured reflective jacket or vest for visibility.
4.6 The stock in a drove shall at all times be kept under adequate control.
4.7 The Council may define stock routes along which all driven stock will travel if the origin and destination makes use of such a stock route practical.
4.8 In order to promote the safety of the residents and travelling public the Council reserves the right to restrict the movement of stock on any drove, by stating the starting or finishing time of the drove each morning or evening.
4.9 Where required by the Council the Head Drover shall provide additional drovers while the drove is moving through defined areas such as built up areas, road works, planted roadsides and any other areas where Council deems it necessary. The passage of the drove beyond the start of the section so defined by Council shall not be commenced until the personnel specified by the Council are in attendance.
4.10 The Head Drover shall keep the stock in drove moving at all times so as to make progress towards the destination at a rate of not less than eight kilometres per day.
4.11 Where required by the Council, stock in a drove shall be identified by an ear tag or other approved marking.
4.12 The Council may prescribe such other conditions as it deems necessary.
4.13 The owner of any stock involved in a drove and the drover in charge of the drove are responsible for providing adequate warning for traffic. Nothing in this Bylaw, or any other Bylaw shall remove from the stock owner and drover their obligations to their employees and the public under the Health and Safety in Employment Act 1992.
5.0 Permits required for certain droves
5.1 Where any person intends to drive stock further than 20km through or within the district then before that drove commences and any stock enters the District the person in charge of the drove shall apply to the Council for a permit on the form prescribed in schedule one of this bylaw.
5.2 The applicant shall state:
(a) Stock owner's name and address & 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 Animal Status Declaration Card(s)
5.3 Any drove occurring on a State Highway or parts of a State Highway that requires a permit under clause 5.1 must have written approval from Transit New Zealand. Such approval must be obtained prior to an application for a permit being lodged with Council.
5.4 Overnight stops or stops less than forty eight hours duration shall not constitute a point of origin or destination for a drove.
6.0 Road closure
6.1 No road shall be closed for the droving of stock except that, if in the reasonable opinion of the Council the droving of any stock would likely to –
- Constitute a danger to road users; or
- Constitute a nuisance; or
- Cause damage to any road
6.2 The Council may, by public notice given generally or by notice in writing to an individual person or persons, prohibit for such a reasonable period and upon such conditions as the Council may prescribe, the droving of stock along any road.
7.0 Movement of dairy cattle
7.1 No road shall be used by a farmer for the purpose of regularly moving dairy cattle from one part of the farm to another for milking where the road does not bisect that person's farm.
7.2 Where one farming unit is split into two or more parts, dairy cattle may be moved from one part of the farm to another along a road where those parts of the farm are not adjacent to each other or are separated by a natural barrier or other obstruction, the nature of which renders it impractical to move the dairy cattle from one part of the farm without using the road.
7.3 Where a road transects a farm and it is necessary for dairy cattle to cross that road for the purpose of milking, the Council by written notice may require the farmer to use only specified points of access and exit to and from the farm as it considers necessary to ensure that danger to other road users or damage to the road will not arise. Provided that the points of access and exit shall be selected in a manner that ensures that the farmer can continue to conduct farming operations in an efficient manner.
7.4 A notice shall only be issued under clause 7.3 after the Council has discussed the matter with the farmer concerned in an effort to reach agreement on points of access and exit.
7.5 Every person using any road for the movement of dairy cattle shall place adequate signs on each side of every road crossing point to alert traffic to the stock at all times such stock are using the road.
8.0 Damage
8.1 The Council reserves the right to charge the owner and / or the drover for any damage caused to holding paddocks, for the replacing of marker posts and for any other damage associated with the droving of stock.
9.0 Animal health
9.1 To control animal health, all stock must comply with any directives given or implied by the Ministry of Agriculture and Forestry
9.2 All cattle entering the district must have the appropriate Animal Status Declaration Card(s) and drovers are required to present the card(s) to an officer of the Council upon request. Only cattle from a T/B free herd will be allowed to be driven through the district.
10.0 Fees
10.1
(a) A fee may be charged for the droving of stock through and within the district.
(b) The drove is to be completed within 15 days from entry into the district. Should a drover not complete the drove through the district within 15 days an additional fee may be charged.
(c) The Council may, by resolution publicly notified, vary the fees.
