Stock Movement and Grazing Bylaw
The Draft Stock Movement and Grazing Bylaw 2020 is a new bylaw that is proposed to revoke and replace Part 5 (Stock on Roads) of the Traffic Safety and Road Use Bylaw 2015. A new standalone bylaw is preferred to retaining these controls as a part of the Traffic Safety and Road Use Bylaw 2015 for the following reasons:
- Council officers are of the view that administratively there are efficiencies in a standalone bylaw managing stock on roads.
- Council is able to quickly progress the introduction of new legal requirements around stock underpasses to address the legal uncertainty that currently exists around ownership and maintenance responsibilities.
- Delaying the review of the remaining parts of the Traffic Safety and Road Use Bylaw until 2021 enables better consideration of the outcomes of the Feilding Town Centre Refresh and the Feilding Town Centre Carparking Survey.
The purpose of the Stock Movement and Grazing Bylaw 2020 is to:
- Provide for orderly Stock Droving and control of Stock on Roads in the District, with regard to the safety of Road users; and
- To minimise damage to, and avoid Nuisance, on the Roads.
Draft Stock Movement and Grazing Bylaw 2020 (1MB pdf)
Statement of Proposal (3MB pdf)
Key changes proposed to the bylaw through this review include:
As this bylaw is a new bylaw rather there is no table of key changes. However, the following provides a summary of the key difference between how stock are currently managed under Part 5 of the Traffic Safety and Road Use Bylaw 2015 and how stock are proposed to be managed under the Draft Stock Movement and Grazing Bylaw 2020:
- The meaning of “stock droving” has been more clearly defined as included the movement of stock along a road as well as the irregular movement of stock across a road (being the use of a stock crossing less than once per week) and the movement of stock across a road at an unspecified location. Stock droving movements do not require a permit, providing certain conditions are met.
- The regular movement of stock across a District road requires a stock crossing permit. The draft bylaw includes a list of standard terms and conditions that may be imposed on a stock crossing permit, therefore providing more certainty than under the current bylaw, although Council may impose additional terms and conditions if necessary to achieve the purpose of the bylaw.
- When a stock crossing permit application is lodged Council will assess whether the construction of a stock underpass better achieves the purpose of the bylaw and will inform the applicant of the outcome of this assessment. This new requirement is intended to encourage the construction of more stock underpasses, but will not force land owners to construct them.
- New clauses have been added to the bylaw that set out the application process for new stock underpasses, including a requirement that land owners enter into a Covenant Instrument with Council to confirm legal roles and responsibilities for the construction and ongoing maintenance of the stock underpass structure. These requirements will apply to new underpasses that are constructed after the bylaw and Stock Underpass Policy are made operative.
- Stock owners will be required to obtain a permit to graze cattle or sheep on the roadside behind a temporary electric fence. Once a permit is issued the same area may be grazed on multiple occasions over the three year life of the permit.
- New clauses allow for certain types of stock to be tethered on the roadside, providing certain conditions are met.
- The draft bylaw is more explicit about who must pay if stock droving or crossing movements result in a road surface that needs cleaning to make it safe or road users, or if the road surface or other structures are damaged by stock. In the case of an unsafe road surface, Council will direct the stock owner to clean it to the Council’s satisfaction, or Council clean the road and recover costs from the stock owner. In the case of damage to the road or other structures, Council will undertake the repairs and then recover costs from the stock owner.
Consultation on the review of the Traffic Safety and Road Use Bylaw 2015
The Manawatū District Council (Council) has started its review of the Traffic Safety and Road Use Bylaw 2015. The first part of the review involves the proposed revocation of Part 5 (Stock on Roads) of this bylaw and its replacement with a new Stock Movement and Grazing Bylaw 2020. The rest of the Manawatū District Council Traffic Safety and Road Use Bylaw 2015 will continue to have legal effect pending a full review in 2021.
A copy of the Traffic Safety and Road Use Bylaw 2015 with Part 5 shown in strikethrough is included for information. Council seeks feedback on this proposed revocation. Please feel free to utilise the final text field in the submission form to give us your feedback on this proposed revocation.
Traffic Safety and Road Use Bylaw 2015 - proposed revocation of Part 5 (Stock on Roads) (991KB pdf)
Statement of Proposal (3MB pdf)
Make a Submission on the Stock Movement and Grazing Bylaw 2020 and/or Traffic Safety and Road Use Bylaw 2015 (proposed revocation of Part 5)
Submissions have now closed.
Hearings, deliberations and potentially the adoption date will also have to be rescheduled. This information will be made available as soon as possible. Thank you for your understanding.