WANDERING STOCK.

Auckland Star, Volume LXII, Issue 57, 9 March 1931, Page 9

WANDERING STOCK.

OWNERS' LIABILITY.

PROTECTION OF MOTORISTS

AMENDED LEGISLATION SOUGHT

(From Our Own Correspondent.)

WELLINGTON, Saturday,

In reply to representations by the North Island Motor Union urging that the Stock Act be amended in the direction of making the owner of stock responsible. for any damages incurred through the straying of his stock on a highway, the Director-General, Dr. C. J. Reakes, has written stating that his Department could not see its way clear to promote legislation to give effect to the wishes of the union.

"If damage is caused by stock straying upon a highway through the ncgligence of the person in custody of the stock, or if stock are allowed to stray in such numbers as to become a nuisance by reason of obstruction to the thoroughfare, or if damage is done through the mischievous tendency of an animal known to its custodian to have that tendency, then the Department is advised that liability already exists," said Dr. Reakes. "Any further burden on the person responsible for the stock would mean that he would be made liable although there was no nuisance, and no negligence, and no knoM'ledge of mischievous tendency on the part of an animal.

"The result of imposing such an absolute liability would be _to throw on stock-owners a burden which in the present economic position of the country would be difficult to justify. To avoid liability it would be necessary for every stock owner to fence not only his frontages to a highway, but also any other boundaries across which stock could indirectly reach a highway.

"There are hundreds, perhaps thousands, of miles of public roads in New Zealand not fenced, or fenced on one side only," added Dr. Reakes. "Even main highways are not always fenced, and where fences exist they have frequently been erected mainly for the protection of drivers of vehicles and not with the intention of being stock-proof. A person using a road must always be prepared to find it occupied by driven stock; it does not seem that his position is appreciably affected by having to be prepared also for wandering stock; preparation for the one risk necessarily includes, without requiring any further precautions, preparation for the other risk. From the foregoing reasons the Department regrets that it cannot see its way to promote the legislation suggested." Agreement with the sentiments in Dr. Reakes' letter was expressed by the meeting.