Animal control officers are applauding a dispute tribunal decision in which a Gisborne man successfully sued a farmer for more than $5000 after his car was written off when it hit a calf.
The case set a precedent, said Wairoa District Council animal control officer Des Jane.
The young man's
car hit a black Angus calf on State Highway 2 between Wairoa and Nuhaka about 8pm on April 10, while he was travelling to Gisborne.
He did not swerve to attempt to avoid the animal because it would have resulted in rolling the car, further endangering his life and those of his four passengers.
"I had no choice but to brake heavily and collide with the cattle beast. It was just fortunate no one was seriously injured or killed in the crash," he told the tribunal.
The Nuhaka farmer who owned the calf was ordered to pay $5386 to cover the damage to the car.
The police report on the accident said it was not the first time there had been cattle on the road in this area and "it was only a matter of time before an accident like this was going to happen and somebody was going to be killed".
The calf had been recently weaned and the disputes tribunal found the Nuhaka farmer negligent because he did not take all reasonable steps to ensure adequate fencing.
Although it was common practice in the area to fence cows and calves with seven-wire fences, recently-weaned calves needed extra steps to be taken to stop them from escaping.
"Recently-weaned calves can be very unsettled and although they would not generally stray from their mothers (who were in the next paddock) they can be unpredictable and skittish," the tribunal judgement said.
Mr Jane said wandering stock in the district was a problem.
Council animal control and the police spent a lot of time and effort getting farmers to improve their road fences and ongoing roadside fencing surveys had resulted in farmers being issued with notices to improve the standard of fences.
This case would be a wake-up call for farmers, he said.
- NZPA
