animal control

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6 months 3 weeks ago #559125 by burty
animal control was created by burty
1. Is it acceptable for the neighbour to shoot my goats on his place.? he has done nothing to maintain the boundary fence.
2 Is it acceptable for the neighbour to shoot my goat in the leg - not to kill, but to wound, and then not tell me he has done it, so the goat is walking around with a broken leg.  And then do it again to another goat and still not tell me he has done it. He then told me today that he will do it again.
3. is it acceptable to shoot my cattle.
4. is it acceptable to shoot my dogs.

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6 months 3 weeks ago #559129 by bmt
Replied by bmt on topic animal control
Hi Burty,

I'm in the similar situation but mine is a lot more complicated (5++ LARGE full grown bulls) and still ongoing dispute.
I'm on the other side of the fence thou, the shooter side.

I love to hear what other has to say about this situation.

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6 months 3 weeks ago #559130 by bmt
Replied by bmt on topic animal control
Here are my 2 cent for your questions

Is it acceptable for the neighbour to shoot my goats, cattle and dogs on his place.?

Advises that I got it YES,
if they caused nuisance, damages or enjoyment to the other land owner.

Boundary fences is both parties responsible,
however, its my best interest to keep my stock and investment inside my property.

Shoot to injure is not acceptable

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6 months 3 weeks ago - 6 months 3 weeks ago #559131 by Hertz Donut
Replied by Hertz Donut on topic animal control
Boundary fences are a shared responsibility, but personally i take full responsibility myself first rather than relying on anyone else to keep my stock in and theirs out. I don't fancy your chances in reaching an amicable agreement with your neighbour on that front, but given it's your stock escaping maybe you should take the initiative. 

As far as I'm aware dogs can be shot without warning if they are attacking stock/people, otherwise warnings should be issued first. I'm curious as to how you've reached this point with your neighbour, surely this isn't the starting position. 

Shooting to wound is sadistic and almost certainly criminal. Shooting stock should be an absolute last resort.

This sounds like a very volatile situation, proceed with extreme caution, and perhaps engage Police to de-escalate.

Don't ask me, it was on its side when I got here.
Last edit: 6 months 3 weeks ago by Hertz Donut.
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6 months 3 weeks ago - 6 months 3 weeks ago #559132 by kate
Replied by kate on topic animal control
Hi Burty

There are a few issues here: Boundary fences, roaming stock & firearms. This is not a good mix and there are legal aspects to each of the issues.

Boundary fences are the joint responsibility of neighbours but you have goats and as a goat farmer myself I know that standard fencing may not be enough to keep them contained. Your neighbour only has to contribute to standard fencing, not necessarily goat-proof fencing so that will come down to you.

See here for some information on roaming stock. Again, goats make things more difficult. While the impounding Act sets out remedies for trespassing livestock there is a special mention in Section 31(2) that says: The occupier of any fenced land sown in grass or under cultivation may destroy any poultry or pigs or goats, other than branded Angora or Saanen or Toggenburg goats, found trespassing upon the land. So he may be within his rights to shoot your goats if they trespass onto his land.

The Dog Control Act section 60(1) states "The owner of any stock or poultry or that owner’s agent or employee, or any constable, dog control officer, or dog ranger acting at the request of that owner, may forthwith either seize or destroy any dog running at large among that stock or poultry." So your neighbour can destroy your dog if, and only if, it is 'running at large among stock or poultry'

He can't shoot your cattle.

Finally, your neighbour has certain responsibilities as a firearms owner which mean he has to behave responsibly.

You have a few options but they may make things worse. You could talk to the local police, they may be willing to have a word with him. You can organize to improve the boundary fence and send him a bill for his share.

The best thing you can do it to make sure your animals stay on your property. That is not an unreasonable expectation for your neighbour to have. We lost months of good grazing when a large cattle herd trespassed onto pasture we were saving and demolished the lot in a couple of hours. Shooting at trespassing stock is certainly not normal, or helpful, or at all condusive to good neighbourly relations.  But if all the animals he is threatening are on his land then you must share the responsibility.

Deliberately wounding animals is despicable and is definitely a crime but again if they're on his land it's very messy.

I hope this is helpful.
Kate

Web Goddess
Last edit: 6 months 3 weeks ago by kate.

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6 months 3 weeks ago #559134 by tonybaker
Replied by tonybaker on topic animal control
seems like your fences are bad and the neighbour is sick of your stock getting onto his land. I don't know of any fence that can keep goats in so get rid of the goats. Sheep need sheep netting and cattle are ok with 7 wires.

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)

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6 months 3 weeks ago #559135 by kate
Replied by kate on topic animal control
LOL Tony, there are fences that keep in goats, I have lots of them

Web Goddess

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6 months 3 weeks ago #559138 by LongRidge
Replied by LongRidge on topic animal control
With boundary fences, they must be kept adequate to keep your stock in by your. They must be kept adequate to keep his stock in by him. So if he has trees, they don't tend to wander, so he does not have to contribute to the fencing. But as soon as he gets animals to run in with his trees, then he must contribute to fencing.
You must attempt to keep your animals in. Goats, deer and pigs, unless they are obviously domesticated, can be shot on sight. Dogs can be shot if they are in the paddock with his animals and scaring any of them. Other domesticated animals can not be harmed.
Talk to your Council Animal Control Officer.

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6 months 3 weeks ago #559139 by bmt
Replied by bmt on topic animal control
Hi Burty, I'm sorry if I hijacked your post.

Hi team

Just wondering, why can't we shoot cattle, does this apply to feral cattle?

We have been in contact with several local authorities
but none were interested in animal trespassing or civil matters.

The most helpful "unofficial opinion" was from MPI officer,
I was guided on how to enforce the Impound Act 1955 without getting him involved in the situation.

One of the steps that I had to do was to organise a qualified stockman and send them the bill but we all know that bull owners will not pay,
hence I'm the one who does the shooting and there are more bulls hiding somewhere on my land.

Some mentioned here, that cattle and domesticated animals can not be harmed.

Does this apply to feral bulls?

Thank you

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6 months 3 weeks ago #559140 by Muz1
Replied by Muz1 on topic animal control
BMT, as we all know bulls can be dangerous so make sure you have a risk problem before shooting. This would give reason for your action. The new gun laws give strength to police to remove firearms and cancel license if a person is deemed unfit to own a firearm. This covers so many situations so if you value your firearms license (you do have one?) be careful not to draw too much attention to yourself..

Everything Must be Somewhere
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6 months 3 weeks ago #559141 by LongRidge
Replied by LongRidge on topic animal control
There are not "supposed" to be feral cattle and sheep in NZ .... because they are supposed to be kept within their boundary ...
You can be fairly certain that if you start shooting untagged cattle then the "owner" will complain to the police that you are stealing his animal. Under the Impound Act you are supposed to put wandering animals onto a safe place on your property .... which with a feral bull is dangerous and very difficult.
I would discuss this with the local Animal Control Officer. He should give notification to every cattle owner that if nothing is done within a certain time frame at his expense then the problem will be dealt with, preferably by him. If he won't do anything then WorkSafe might be able to stir him up.
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6 months 3 weeks ago #559142 by bmt
Replied by bmt on topic animal control
Yes, I did try to contain the bulls (twice) but ended up ruining my paddocks.
They easily weigh over a ton each but they jump fences like a hula hoop.

MPI and local authorities knew about it as people around me also have some issues,
but none wanted to deal with my difficult neighbour,
as he would get ugly and aggressive if anyone confronted him about the situation.

Yes I agree, firearm is not the answer but my kid's safety is more important than some feral bulls.
I haven't tried Animal Control Office and WorkSafe but I will email them hopefully I get better luck this time.

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6 months 3 weeks ago #559143 by bmt
Replied by bmt on topic animal control
Update...

Rang Animal Control and the answer that I got was the same as the council (same organisation I think)
There is nothing they can do unless the bull is in a public space and it's a civil matter.

I reached out to my contact at OSH and she was very apologetic because OSH (WorkSafe) only deal with human and not animal.

So now, I'm back at the Impound Act of 1955 step which is to organise a qualified stockman and send them the bill.

If these bulls manage to get to the public road, it will be catastrophic.

Any other suggestions?

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6 months 3 weeks ago #559146 by tonybaker
Replied by tonybaker on topic animal control
I guess you have considered talking to the police?

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)

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6 months 3 weeks ago - 6 months 3 weeks ago #559147 by bmt
Replied by bmt on topic animal control
Hi Tony,
No, I didn't call 105 myself but my other affected neighbour did.
Feedback was similar, it was a civil matter, no crime was committed and Police would help if the animal was on a public area.

This loose cattle falls into a grey area of the law
no authority wants or can do anything until the beast is on the public road or the beast hurts somebody.
Last edit: 6 months 3 weeks ago by bmt.

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