FMG News

Add sense to your fencing

In October 2009, a Wairoa farmer was successfully sued for damage to a car which hit one of his calves on the road. This Disputes Tribunal decision received wide news coverage and highlighted a clear trend towards a higher standard of care being expected from farmers in stock on the road disputes.

Tribunals and courts now seem to be looking not just for common practice (as required under the Animals Law Reform Act 1989), but for best practice. In the Wairoa case, where the animal in question was a recently-weaned calf, the tribunal found the farmer negligent because he did not take all reasonable steps to ensure adequate fencing. The tribunal considered a seven-wire fence (the minimum required for a rural fence by the Fencing Act 1978) to be inadequate to stop such "unpredictable and skittish" animals from escaping.

In FMG's view, fences that comply with the Fencing Act and stock control practices that meet all relevant regulations and bylaws (check your local council website) are only half the equation - 'common practice' no longer being treated as a reasonable defence in all situations. Make it standard practice on your farm to consider what type of animals you have in any roadside paddocks (or those alongside railway lines), envisage the possible escape scenarios - and take all reasonable steps to prevent them.

Here are a few practical suggestions we think make good sense:

Keep recently-weaned calves, animals new to the property and other jumpy or skittish animals in a paddock away from roads or railway lines, or shift them away from these areas as soon as practicable
Keep bulls well away from females that are cycling (and particularly not on opposite sides of a road)
A calf born in a paddock beside a railway line should have no problem with trains; however if you bring a calf in from high country where it has never seen a train, you're asking for trouble!
If you must house animals in a roadside paddock, erect a portable electric fence a short distance inside the boundary fence to keep them away from the boundary
Make roadside locations your fencing maintenance priority - as soon as you have a broken batten or a loose wire, an animal will find it (another good reason to use electric outriggers)
Check feed levels regularly - when animals get hungry they'll try to get out or 'reach' for feed (especially if the grass on the roadside looks juicy!)
Don't rely on internal portable fencing and cattle stops to keep cattle off driveways and roads - close the gate when the tanker has been or install an automatic gate

The fact is, stock on the road can create a life or death situation. So it's a wise investment for all concerned when you add sense to your fencing by thinking 'what else can I do to ensure my stock won't escape today?'.