Under review. Council, 1 July 2008.

Stock Control Bylaw 2008

The Stock Control Bylaw 2008 was adopted by Council on 19 June 2008. It partly came into force on 1 July 2008, and fully into force on 1 February 2009.

Stock Control Bylaw 2008 [PDF, 32 KB] 

The 2008 bylaw continues to be in force until the consultation process is completed, which is expected in late 2017.

Purpose

The purpose of the Stock Control Bylaw is to control the management and movement of stock on roads, in order to protect people, traffic and stock, while safeguarding the condition of the road.

Includes

  • general conditions for the movement of stock on roads
  • conditions for the movement of dairy cows on roads
  • temporary roadside fencing
  • stock droving prohibited/restricted routes.

Background and timeline

Submissions were open from 29 March to 1 May 2008. Public hearings were held on 19 and 20 May and the Hearing Panel deliberated from 20 May to 11 June. Stock control matters were consulted on as part of the proposed Traffic and Parking Bylaw, but were recommended back to Council as a stand-alone bylaw. The report of the Hearings Panel: Hearing Panel Report [PDF, 393 KB].

Replaces

The bylaw revoked and replaced the Banks Peninsula District Council Stock Control Bylaw 1994.

Proposed Stock on Roads Bylaw 2017

Consultation on the proposed Stock on Roads Bylaw 2017 has now closed. The Hearings Panel will report back to Council in late November 2017, recommending the Council adopt the proposed bylaw, with amendments as a result of consultation.

Introduction

This bylaw applies to roads, or parts of roads, under the control of the Council. It does not cover roads such as State Highways, private roads, unformed roads (such as paper roads) and roads that are not maintained by the Council.

The movement of stock along or across rural roads is a necessary part of farming activities. While moving stock along or across roads has not been identified as a significant or frequently occurring traffic safety issue in the district, people moving stock along or across roads are expected to:

  • follow best practice
  • take all reasonably practicable steps to keep road users, themselves and any workers, and stock, safe
  • take due care not to damage the road surface. 

Other road users that may come across stock on roads are required to take due care when driving and to drive to the conditions, including anticipating hazards.

New Zealand Transport Agency indicates that, although there are relatively low numbers of accidents involving stock under control on roads generally, the two contributing factors in related road crashes are: insufficient warning distance; and inconsistent forms of warning.

This bylaw regulates the movement of stock along or across roads based on risk, and has different requirements for different types of roads and different types of stock. It also sets out, among other things, warning distances and standard forms of warning.
There are cattle stops in some remote locations, where stock are not confined to property by fences and are free to wander on the road. The bylaw makes allowance for these situations by ensuring permanent warning signs are in place to alert road users to the presence of uncontrolled stock, and by not placing any stock control requirements on the owner on roads in these areas.

Standard conditions for moving stock either along or across roads are outlined in the schedules attached to this bylaw. These standard conditions are based on New Zealand Transport Agency’s best practice guidance and are designed to be used for most stock movement situations on most rural roads. The standard conditions apply to moving sheep or non-dairy cattle.

For dairy cattle and all other types of stock, an assessment needs to be undertaken. Dairy cattle present a unique set of issues and risks that need to be managed, and as do stock other than cows or sheep.

An assessment also needs to be undertaken for moving stock on restricted roads. Restricted roads are listed in a register associated with this bylaw, and have higher risks than other roads, such as higher operating speeds or traffic volumes.

An assessment is needed to determine the specific risks and ways of managing risks, with three possible outcomes: (1) the need for a permit, with conditions, or (2) the need for a traffic management plan, or (3) the risk may not be able to be sufficiently mitigated, in which case the stock may need to be moved without impacting on the road (such as transporting the stock in a vehicle).

The bylaw also covers temporary roadside fencing for grazing, or as a temporary stock race to move stock along the road but off the roadway.

There is a greater risk from uncontrolled stock on roads (such as escaped or wandering stock) than from stock that are being driven along or across a road in a controlled way, and this bylaw also seeks to complement the coverage of the Impounding Act 1955 by ensuring stock are adequately fenced.

This bylaw should be read with the relevant road user rules relating to stock on roads.


Pursuant to sections 145 and 146 of the Local Government Act 2002 and section 22AB of the Land Transport Act 1998, the Christchurch City Council makes this bylaw.

1. Short title and commencement

  1. This bylaw is the [proposed] Christchurch City Council Stock on Roads Bylaw 2017. This bylaw comes into force on [date] 2017.

2. Purpose

  1. The purpose of this bylaw is to regulate the movement of stock on roads in order to protect people, traffic and stock, while safeguarding the condition of the road.

3. Coverage and exclusions

  1. This bylaw generally applies to all roads where the Council is the Road Controlling Authority.
  2. This bylaw does not apply to roads where the New Zealand Transport Agency is the Road Controlling Authority, except where the New Zealand Transport Agency (NZTA) has delegated to the Council its functions and powers as a Road Controlling Authority.
  3. This bylaw does not apply to:
    1. private roads, unformed roads, or any roads that are not maintained by the Council; or
    2. stock that is being transported in a vehicle, or that is being ridden or led.

4. Interpretation

  1. Text in this bylaw that is in a grey box is not part of the bylaw, but is explanatory in nature, and the Council may update or delete this text at any time without amending the bylaw.
    Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to up updated before the bylaw itself has to be updated.
  2. In this bylaw, unless the context otherwise requires:
    Appropriate temporary warning sign

    Means an orange temporary warning sign with a silhouette of a cow or sheep on it, referred to in the Land Transport Rule: Traffic Control Devices 2004, used to alert road users to the presence of stock on the road.  For vehicle-mounted signs, the sign should be at least 600mm x 600mm.  For a static sign, the sign should be at least 750mm x 750mm.

    Authorised officer

    Means an officer or other person appointed by the Council to perform duties required under this bylaw, including an enforcement officer.

    Cattlestop

    Means a metal grid installed across a road, allowing vehicles and pedestrians to pass, but not cattle and other animals.

    Council

    Means the Christchurch City Council and includes any person authorised by the Council to act on its behalf.

    Daylight hours

    Means any period of time between half an hour after sunrise on any one day and half an hour before sunset on the same day.

    Frangible

    Means collapsible on impact and resulting in less damage than an unyielding object and generally means able to be broken into fragments.

    High-visibility clothing

    Means personal protective equipment worn so workers can be easily seen by road users. A common example is a fluorescent orange sleeveless vest with reflective strips in a belt and braces configuration or a cross formation.  High visibility clothing must comply with the joint Australia New Zealand Standard and with the Code of Practice for Temporary Traffic Management (CoPTTM).

    Non-standard stock

    Means any stock,

    1. including, but not limited to: alpaca, deer, donkeys, goats, horses, llama and pigs, but
    2. excluding cattle and sheep.
    Owner

    Includes the manager of the stock (or person otherwise responsible for the stock).

    Pilot vehicle

    Means a motor vehicle that leads or follows the movement of stock along a road, with an amber flashing beacon and an appropriate temporary warning sign, and may be a truck, car, utility, quad bike, trike, or motorbike.

    Restricted road

    Means any road or part of a road or category of road that is listed in the Restricted Roads Register associated with this bylaw.

    Road

    Has the meaning given to that term in section 2(1) of the Land Transport Act 1998, and generally includes the carriageway and roadside verges up to private property boundaries.

    Road controlling authority

    Has the same meaning as in section 2(1) of the Land Transport Act 1998, and generally means the organisation with control over a road, or a person acting under delegation or authorisation given by the controlling authority.

    Roadway

    Has the meaning given to that term in the Land Transport (Road User) Rule 2004 and generally means carriageway, or portion of the road that is used for vehicles, but excludes the grassed roadside verges.

    Stock

    Means any farmed animal, including, but not limited to cattle, sheep, alpaca, deer, donkeys, goats, horses, llama and pigs.

    Traffic management plan

    Means a document approved by the Council describing the design, implementation, management and removal of temporary traffic management measures (such as signs, flashing beacons and cones) while an activity or event is taking place within the road or adjacent to and affecting the road. This includes plans prepared for one-off events and generic plans to cover activities carried out frequently.

    Wandering

    With respect to stock, means any stock that is not under direction or control.

5. Restricted roads and stock movements

(A) Restricted roads

  1. For the movement of any stock along or across a restricted road, the owner must apply to the Council for an assessment.
    Explanatory note: Refer to the Restricted Road Register for the list of Restricted Roads. Moving any stock along or across some roads presents higher risks (for example, those with faster operating speeds or higher traffic volumes). For these roads, an assessment is required on a case-by-case basis to ascertain the specific risks and appropriate risk mitigation measures. A permit or traffic management plan will set out the measures required to address specific risks identified by the assessment.
  2. The Council may by resolution list roads, sections of road or categories of road that are associated with higher risks for the movement of stock in a Restricted Roads Register.
  3. The Council may by resolution add, amend or delete any road, section or category of road listed in the Restricted Roads Register at any time.

(B) Dairy cattle and non-standard stock movements

  1. For the movement of dairy cattle and any non-standard stock along or across any road, the owner must apply to the Council for an assessment.
    Explanatory note: The risks of moving some types of stock along or across any road are higher, or present additional or different risks that need to be managed. This requires special consideration on a case-by-case basis to ascertain the risks and appropriate risk mitigation measures.

(C) Assessments

  1. The application for an assessment must set out:
    1. the sections of road(s) concerned; and
    2. the likely timing and frequency of the movement(s); and
    3. the type of livestock, and likely numbers; and
    4. the ratio of stock to people (or working dogs) controlling the stock; and
    5. proposed warning methods, such as signs, amber flashing beacons or other traffic control devices, and how, when and where they will be deployed or displayed, and removed; and
    6. other matters the owner or Authorised Officer considers relevant.
  2. After considering an application for an assessment, the Council may decide to:
    1. authorise the movement of stock in accordance with a permit, which may contain conditions, at the discretion of the Council; or 
    2. require the applicant to submit a Traffic Management Plan to be considered by the Council; or
    3. decline the application, in which case alternative means for transporting the stock that does not affect the road must be considered, such as transporting the animals by vehicle.
      Explanatory note: See clause 12 for permissions.
  3. If the Council has considered an assessment and made a decision, the applicant must comply with the decision, and may not undertake the movement of stock