WANDERING STOCK

Bay of Plenty Beacon, Volume 7, Issue 75, 23 May 1944, Page 4

WANDERING STOCK

QUESTION OF KIRKBRIDE'S ROAD DIFFICULT PRECEDENT FOR COUNTY Following the County Council's decision to refer Mr G. complaint re Avandering stock on his access road at Waimana, to the County Inspector for report the following has been submitted to the Council by Mr A. Carling:— Richardson's and Kirkbride's Roads Mr Kirkbride states that the stock trespass on Richardson's Road occurs chiefly after the milking at night when the gates are left open for the cows to wander into the paddocks at will, with the result that the 1 cows graze on Richardson's Road until after the milling is"'finished. He further complains that the newly erected fence should have been continued to the Raroa Bridge and that the gates erected in the new fence line are always left. open. He also complains of a pig sty near the bridge being on the road. Kirkbride's Road from, the Raroa Bridge to Kirkbridte's Gate Mr Kir'kbride complains that, stock is wandering on this road all the time and are a danger to> users of the road. He stated that he had collided three times one night with cows on this portion of the road. He also complained of Wardlaw's stock being a nuisance when he is taking stock in and out. Mr Kirkbride contends that this road should be fenced. Mr H. A. Wardlaw admits that the gates on Richardson's Road are left open to allow the cows to wander from the shed to the paddock and that sometimes" 1 cows wander and graze along the road but are put in i>ftd(ftrek- w4ieK J .h<? milkktg is finished,, but he says that there are other settlers in the. district under similar conditions, even on the main roads doing the. same thing. This is quite true, in Waimana district there being many examples and, also in Opouriao .

There are settlers in every district who do this, some continuously and some occasionally, but when I speak to them they dog them into the paddock and then tell me about drovers who graze mobs of up to 200 head all day on the; road. Kirkbridfe's Road! Mr Wardlaw states that his cows graze the river bank along this, road which is unfenced, but in his opinion such cows do not constitute any danger to a careful driver. He states that parts of his property are on both sides of the road. He admits his stock stray on the road going to and from the river' The position as stated by these two settle%Ms a good description of the. position. There was no stock on either of these roads: on the two days I visited this district. Section 17 of the Impounding Act 1908 deals with the impounding of stock and I would refer the Council to Section 17 S.S. 4. (c) which states that such section does not apply "To cattle owned by any person in the lawful occupation of land if they are depasturing on roads which are unfenced on. either or both sides and are bounded on both sides by the land of such occupier."

L have examined a plan of district No. 876 and I can only state after doing so that it appears to me that nothing short of a survey would- prove whether or not the land on both sides of thisj road belongs to Mr H._ A. Wardlaw.

Cr McCready said it seemed an invidious position for the Council to be in when a dedicated road was open for stock to wander on and graze about unchecked.

Cr Lux ton: For years past, this business of Kirkbride's road- has been thrashed by the Council. If it is a feud between neighbours, then let them settle it themselves. The only thing we can do is to notify them that we have got. no right to force, any settler to fence his road.

The Council after a brief discussion decided that Mr Kirkbride be furnished with a copy of. Inspector Carling's report and that the Council had no legal authority to compel any settler to fence his property off a public road further that the Council is not prepared to expend public funds re-defining the public roftd,-line ia this locality.