WANDERING CATTLE

Grey River Argus, 6 December 1938, Page 12

WANDERING CATTLE

Motorists’ Concern AS TO LEGAL LIABILITY. At the quarterly meeting of the South Island Motor Union yesterday, the following report prepared by the North Island Union regarding wandering cattle was tabled: — 1. The Sub-Committee points out that there are already statutory provisions dealing with wandering cattle. These are (a) Under “The Public Works Act 1908” Section 176 Sub-section (o) Reprint Volume 7 Page 517, “every person is liable to a fine not exceeding £5 who permits any cattle to be at large, without proper guidance, or to wander, or to be herded or grazed upon the road, other than in the ordinary course of driving stock. (b) Under “The Police Offences Act 1908” Section 4, Sub-section (i) Reprint Volume 2, page 505, “every person is liable to a fine not exceeding £lO who, in or upon any public place permits any cattle to be at large or without proper guidance, or to wander- to be herded or grazed, or unlawfully obstructs or prevents the driving of cattle.” (c) Under “The Impounding Act 1908” Reprint Volume 1, page 220, the same offence is punishable with a fine of £2 in addition to the impounding charges, but Section 17 provides that the section shall not apply to persons who have received the sanction of the local authority to depasture cattle on the roads.

2. The Sub-Committee considers that the Union should urge that these provisions be co-ordinated, revised, on-, larged and improved and penalties in-| creased. Then active steps should be taken to see that enforcement is tightened up. 3. In this connection the Sub-Com-mittee recommends that the statutory authority for local authorities to permit cattle to depasture on roads should be revoked; that the provisions should be extended to all stock (including but not confined to horses, pigs and sheep): that, in addition to increasing fines, provision should be made for imprisonment as an alternative penalty in cases of second and subsequent offences, and a summary power to inspectors to impound stock found wandering unattended; and further, that the Transport Department be pressed to instruct traffic officers to be vigilant and diligent in enforcing these; statutory provisions, by laying informations, impounding stock (if| these powers are given), and prosecuting and pressing for penalties. 4. In regard to the larger question of amending the law to facilitate civil claims by injured parties against owners of stock which have caused damage, the Sub-Committee, owing to the difficulties which its investigations re-] veal, feels unable to make any recom-. mendations —at least, without further | deliberation. The Sub-Committee feels. that prosecution of its recommendations about the penal statutory pro-] visions and their enforcement would do a great deal towards eliminating] the menace which wandering stock. undoubtedly constitute. | The secretary (Mr P. Harvey) said that the North Island Union had decided to refer the matter to the Statutes Revision Committee, to enable legislation to be prepared. Mr F. W. Johnston (Canterbury) said that the offences outlined in clauses (b) and (c) were vastly different in spite of what the report cared to state. He moved that a sub-com-mittee be appointed to consult with the North Island Union on the matter. Dr. S. A. Gibbs (Nelson) seconded the motion. • I Mr C. M. Rout (Nelson) said that, the report omitted to mention the avenue by which motorists might es-| cape the unavoidable consequences of running into wandering stock. . He quoted a number of cases in his dis-J trict, and said that motorists could not get out of the difficulty at present ( as the matter involved a departure from the old common law. The report had only contemplated the socalled criminal liability of the carowner. It did not go to the question of civil liability. The fine in the Magistrate’s Court did not fix the liability for damage arising out of the accident. The fact that cattle were on a road was at present no excuse for a motorist to hit them. The question was most difficult to tackle. Mr A. Grayson (N.1.M.U.) said that they had done their best in the matter. If a sub-committee was appointed to confer with a North Island committee, the difficulty might be overcome. The resolution moved by Mr Johnston was carried, and on the motion of the chairman (Mr W. R. Carey), Messrs Rout and Johnston were appointed the sub-committee.