Farmers convicted after cattle forced to swim

A Far North farming couple have been found guilty of failing to meet the physical and health needs of some of their cattle after the animals were forced to swim for their lives during a severe flood.

In a precedent-setting case taken by the Bay of Islands SPCA against Bruce Riddell Jonson, 53, and his wife, Jan Dorothy Jonson, 49, the Rangiahua couple were convicted of failing to ensure the physical and health needs of 39 limousin cattle were met in accordance with good practice and scientific knowledge.

Four other alternative charges also laid under the Animal Welfare Act, including three of ill-treatment, were dismissed by Judge Russell Johnson following a defended hearing in the Kaikohe District Court.

The charges result from a flood at Rangiahua, north of Kaikohe, on March 28 last year when cattle on the couple's flood-prone, run-off property had to swim out of a paddock over the top of submerged fences onto State Highway 1, where they made their way to another property owned by the defendants.

During the height of the flood, two calves were washed away in the torrent. One drifted towards higher ground on a neighbouring property and was rescued. The other drowned.

SPCA inspector Jim Boyd said the cattle had been seriously distressed and were described as being in a state of panic.

The Jonsons acknowledged their land flooded regularly.

About March 28, they were aware of heavy rain falling and were phoned by neighbours who advised them to move the cattle.

By the time an attempt, ultimately unsuccessful, was made to move the animals, land on the run-off was submerged, fence lines were under water and the cattle, including the calves, were swimming.

During the hearing, Mr Jonson said he had no faith in weather forecasts, preferring to make his own judgment. Judge Johnson said the flood was entirely foreseeable by history, experience and by observation of weather forecasts.

Where there was a known risk of flooding and inundation - and tide tables and weather forecasts were available to warn of it - the farmer must listen to warnings and move stock to safety to comply with section 10 of the Animal Welfare Act.

The defendants had failed to heed forecasts and warnings, became diverted by other obligations and, in doing so, had failed their animals.

Mr Boyd said later the case set a precedent and confirmed the law required that owners and people in charge of animals must make proper provision for them in every sense.

Mrs Jonson said yesterday the effect of the decision was that any farmer with a flat area of land who thought it might rain would have to move cattle to higher ground.

Northland Federated Farmers president Ian Walker said the court action was "a bit of an overkill".

"If stock in the South Island are left in the snow and they die, are the farmers there going to be taken to court?"

The defendants will return to court for sentencing early next year.