Stock Droving Bylaw 1993

1. THIS Bylaw shall be know as the Hurunui District Council Stock Droving Bylaw 1993 and shall come into force on the 5th day of March 1993.
   
2. THIS Bylaw is made under the authority of Section 72  of the Transport Act 1962 in respect of any road under the control of the Council.
   
3. IN this Bylaw, except where inconsistent with the context:
   "Hours of daylight" means any period of time between half an hour before sunrise on any one day and half an hour after sunset on that day.
   "Road" means a road a defined in Section 2 of the Transport Act 1962.
   
4. NO person shall drive any agricultural livestock along any road except:
   a) during the hours of daylight; or
   b) in the case of escape or an emergency;  or
   c) in the case of dairy cattle, for the purpose of moving the cattle from one part of a farm to another part of that farm for milking purposes and subject to Clause 5 of this Bylaw.
   
5. NO person shall move dairy cattle across or along a road where that person may reasonably move the cattle along a race on private land or road reserve.
   
   Where it is not reasonable to move cattle along a race on private land or road reserve, those cattle shall not be moved across or along a road unless:
   1. the cattle are attended by a drover stationed on the road reserve to ensure that continuous progress is made towards the destination.
   2. the cattle are driven in such a manner, and use only such points of access and exit to and from the road, as will ensure that danger to other road users and damage to the road and road flanks will be minimised.
   3. warning signs are erected and maintained by the landowner.
   4. the landowner implements a maintenance programme to cleanse the road pavement of debris and matter which may cause inconvenience to road users.
      
6. EVERY person who wishes to construct a race for the purposes of moving dairy cattle along a road, or who wishes to regularly move cattle across a road from one part of his farm to another, must have prior approval of the Council.  Construction of the race and/or crossing place shall comply with the terms and conditions determined by the Council form time to time and such terms and conditions shall deem to be incorporated in and to be part of this bylaw, and the applicant shall be responsible for all costs of construction and maintenance.
   
7. EVERY person committing any breach of this Bylaw shall be liable upon conviction to a fine not exceeding $500.

Pursuant to a resolution of the Hurunui District Council made at the Ordinary Council Meeting on 25 February 1993.

Notes to accompany stock droving Bylaw 1993

The Council's "Stock Droving Bylaw 1993" limits the movement of dairy cattle on roads for the purpose of moving from one part of a farm to another for milking.

The Bylaw requires reasonable utilisation of races on private land or road reserve instead of use of the road at free will.  Clause 5 of the Bylaw specifies conditions where use of the road cannot be reasonably avoided.

Clause 6 specifies a requirement for Council approval for races and crossing places on road reserves.

The following guidelines are intended to formulate conditions to any approval given under Clause 6.

ROAD CROSSING

• A direct route perpendicular to road alignment shall apply.
• Gates shall be erected at race entrance on each boundary.
• Entrance and race itself shall be constructed of hardfill material with a cambered free draining profile for at least 15 square metres form edge of seal or road formation on each side of road.
• Obstructions impairing road user visibility of full width of road reserve shall be avoided.
• Crossing shall be sited to permit effective, safe stopping sight distance for road users relevant to the speed environment of the road (ie. 100m for 70kph; 170m for 100kph).
• Conditions included in Clause 5 of Bylaw relevant to drover attendance, warning signs and debris cleansing shall apply.

HEAVY USE CROSSINGS
Where heavy use stock crossings apply (and underpasses are not warranted) Council may require a financial contribution from the landowner to construct a durable road pavement (ie concrete or similar) over the extent of the crossing.  This action by Council shall be limited to situations where excessive maintenance costs to sustain the pavement are incurred.

RACE ON ROAD RESERVE

• Maximum length one and a half kilometres.
• Width - 3 metres minimum, 5 metres maximum.
• Roadside fence to comply with Council's conditions for "Temporary Fence on Road Reserve".
• Race payment formed with hardfill.
• Siting of fence must give due regard to the requirements of all road users including pedestrians.
• A road shall have a race on one side only.
• Fence and edge of race shall be no closer than one metre from edge of a gravel road or two metres form the edge of seal on a seal road, except, existing water tables shall be avoided.
• Construction and use of race shall not encroach into or foul water tables and drains.
  The applicant and subsequent users shall be responsible for locating, avoiding and providing for reinstatement of underground services and culvert drainage structures.
• Stock shall not be left in the race during the hours of darkness.
• Reflectorised marker or road marker posts shall be maintained at 100m intervals along the race.
• Council may require the fence and race to be removed and the flank reinstated at any time, subject to not less than three month's notice being given.
• If stock crosses the road at the entrance or exit of a roadside race then conditions for road crossings shall apply.
• Due consideration to be given to effect of race and stock movement on properties fronting road.

Council shall not be held responsible in any way for claims for damages and it is a condition of issuing approvals for stock crossings or races that the property owner/lessee arranges and keeps in force Public Liability Insurance to protect his liability for damage to third parties.