A mid-Northland farming couple have lost their appeal against a conviction for failing to move their cattle to safety before a forecast storm engulfed part of their property in fast moving floodwaters.
The cattle had to swim for their lives and although none of the 39 were lost, they were
badly frightened.
The prosecution, brought by the Bay of Islands SPCA against Bruce Jonson, 54, and his wife Jan, 50, in 2004, was the first successful one of its kind under old and new animal welfare legislation.
Mr and Mrs Jonson were convicted under the Animal Welfare Act of failing to ensure that the physical, health and behavioural needs of their cattle were met during heavy rain and flooding on their Rangiahua property in March, 2003.
The Jonsons had denied the charge during a hearing in the Kaikohe District Court.
In April this year the couple were fined $2000 each and ordered to each pay a half share of $1951 to the Bay of Islands SPCA.
The Jonsons, supported by New Zealand Federated Farmers, appealed against their conviction and sentence.
In a reserved judgment dismissing the appeal against conviction, Justice Patrick Keane said their stock were particularly vulnerable on the run-off land involved and should have been moved sooner.
The fact that the flood behaved atypically and cut off the usual line of retreat simply illustrated that nature never behaved completely predictably and that extremes had to be anticipated and catered for.
Justice Keane said the district court was justified in concluding that the Jonsons' cattle and calves were needlessly exposed.
The fine of $2000 was confirmed for Bruce Jonson but reduced to $1000 for his wife. The couple must reimburse the SPCA.
Bay of Islands SPCA said the society supported the court's warning that professional, part time and lifestyle farmers must all take their duties and obligations to their stock seriously. A majority of farmers were serious as it was in their interests to be so, said prosecutor Jim Boyd.
