Regulations and Orders




SEPT. 12.] THE NEW ZEALAND GAZETTE. 5241

Prescribing a Close Season for Mullet in Kaipara Harbour.

GLASGOW, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day
of September, 1895.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, by “The Sea-fisheries Act, 1894” (herein-
after termed “the said Act”), it is, among other
things, enacted that the Governor in Council may from time
to time make regulations for the purposes therein mentioned,
which shall have general force and effect throughout the
colony, or particular force and effect only in any waters or
places specified therein:

And whereas certain regulations were made by the Governor
in Council on the tenth day of January, one thousand eight
hundred and eighty-eight, under “The Fisheries Conserva-
tion Act, 1884,” and “The Fisheries Conservation Act 1884
Amendment Act, 1887”:

And whereas it is expedient to revoke regulation number
six of the said regulations made by the Governor in Council
on the tenth day of January, one thousand eight hundred
and eighty-eight, prescribing a close season for mullet in a
part of Kaipara Harbour, and to prescribe a close season for
mullet in the whole of Kaipara Harbour:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and exercise of the powers
conferred upon him by the said Act, and of all other powers
enabling him in that behalf, and by and with the advice and
consent of the Executive Council of the said colony, doth
hereby revoke regulation number six, made by the said
Order in Council of the tenth day of January, one thousand
eight hundred and eighty-eight, and in pursuance and
exercise of the said powers, and with the like advice and
consent, His Excellency the Governor of the colony doth
hereby make the following regulations, to have force and
effect within the waters hereafter specified in the said
regulations:—

REGULATIONS.

  1. The period from the first day of December in one year
    to the thirty-first day of March in the next succeeding year,
    both days inclusive, is hereby prescribed a close season in
    respect of the fish of the species of the Mugil known as
    mullet or kanae, during which close season it shall be un-
    lawful for any person to take any such fish contrary to the
    provisions of the said Act.

  2. These regulations shall have force and effect in all
    waters, as defined by the said Act, of Kaipara Harbour
    inside a straight line drawn from the lighthouse on the
    North Head to Trig. Station No. 7, Okaka, on the South
    Head of that harbour.

  3. Any person committing a breach of these regulations
    shall be liable to a penalty not exceeding twenty pounds nor
    less than twenty shillings, to be recovered as is by the said
    Act provided.

ALEX. WILLIS,
Clerk of the Executive Council.

Rules and Regulations for the Management of the Switzers
Commonage.

GLASGOW, Governor.

WHEREAS by section four of “The Land Act, 1892”
(hereinafter termed “the said Act”), the Governor
is empowered to make, alter, or revoke rules, regulations,
and orders for, among other things, the care, management,
and protection in every manner of all commonages: And
whereas it is expedient to make regulations for the care and
management of the commonage hereinafter described: Now,
therefore, I, David, Earl of Glasgow, the Governor of the
Colony of New Zealand, in pursuance and exercise of the
power and authority conferred by the said Act, do hereby
make the following rules, regulations, and orders for the
care and management of the Switzers Commonage, described
in the First Schedule to such regulations, and doth hereby
declare that such regulations shall come into force on the
day of the gazetting hereof.

REGULATIONS.

  1. For the purpose of carrying out these regulations the
    following persons are appointed a Committee for the care,
    management, and protection of the said commonage,—

James Handyside, of Waikaka, storekeeper;
Hugh Sproat, of Waikaka, blacksmith;
James Watson, of Waikaka, flourmiller;
James Hardman, of Waikaka, miner;
John Thornton, of Waikaka, miner;
Henry G. Clarke, of Waikaka, miner;
Patrick de Laurie, of Waikaka, miner;

who shall be known as the “Switzers Commonage Commit-
tee” (hereinafter referred to as “the Committee”). Three
of such Committee shall retire by ballot in December in
each year, but they shall be eligible for reappointment as
hereinafter provided.

  1. On the first Wednesday in January in each year,
    an election shall take place from among the holders of
    licenses to depasture cattle or stock upon the said com-
    monage (hereinafter termed “licensed holders”) for the
    purpose of electing three members of the Committee in-
    stead of the three retiring members; and the names of
    such persons, when so elected, shall be submitted to the
    Governor for approval, and if so approved they shall take
    the place of the three retiring members.

  2. The Committee shall meet for the transaction of busi-
    ness on the first Wednesday in each month, at seven o’clock
    p.m., at Waikaka, or at such other time or place as may from
    time to time be fixed by the Committee. The first meeting
    shall be held on Wednesday, the second day of October, one
    thousand eight hundred and ninety-five.

  3. Special meetings may be convened by the Chairman or
    by any two members of the Committee, provided that two
    days’ notice of such meeting be given to each member, speci-
    fying the business to be transacted at such special meeting,
    and no other business than that so specified shall be trans-
    acted at such meeting.

  4. Any three of the said Committee shall form a quorum.
    Any meeting may be adjourned from time to time.

  5. The members of the Committee shall, at their first
    meeting, and thereafter at an annual meeting to be held on
    the first Wednesday in January in every succeeding year
    thereafter, elect one of themselves to be Chairman, who may
    join in the discussion, and shall have an original as well as a
    casting vote. The Chairman shall hold office until the elec-
    tion of his successor. At such meeting a Secretary shall
    also be appointed by the Committee.

  6. If at any meeting the Chairman is not present at the
    time appointed for holding the same, the members present
    shall choose some one of their number to be chairman of
    such meeting.

  7. If, by retirement, resignation, death, or incapacity, or
    otherwise, the office of Chairman shall be or become vacant,
    the members may at any monthly or special meeting appoint
    a Chairman.

  8. All questions shall be determined by the majority of
    votes of the members of the Committee present at a meeting.

  9. The words “great cattle” shall be construed to mean
    and include cattle, horses, mules, and asses, male or female,
    and their offspring above six months of age; and the words
    “small cattle” shall be construed to mean sheep, male and
    female, and their offspring above the age of six months.

  10. License-holders may run great or small cattle upon the
    lands described in the First Schedule upon the conditions
    mentioned in the depasturing license, to be obtained as here-
    inafter provided.

  11. Persons desirous of obtaining a depasturing license
    must lodge with the Receiver of Revenue at Waikaka an
    application in writing in the form or to the effect contained
    in the Second Schedule hereto, and deposit therewith the
    license fee payable hereunder. If such application be refused
    the fee shall be refunded to the applicant.

  12. The Committee shall have power to refuse to grant
    any license, also to limit the number of cattle which may
    be depastured under any license. They shall also have
    power to specify the kind of cattle which may be depastured
    under any license.

  13. The number of cattle to be depastured shall be men-
    tioned in the license, and the rent to be paid in respect of
    such license shall be calculated upon the following scale, that
    is to say:—

For every head of great cattle mentioned s. d.
in the license .. .. .. 4 0
For every head of small cattle .. .. 1 0

Every such license shall be in the form or to the effect con-
tained in the Second Schedule, hereto, and shall expire on
the thirty-first day of December in every year, when such
license may be renewed in accordance with the foregoing
provisions. Every license shall be granted subject to the
conditions herein set forth, and shall be signed by the Chair-
man of the Committee.

  1. The revenue derived from license-fees or otherwise
    from the said commonage shall stand first charged with the
    cost of the destruction and prevention of the spreading of
    rabbits upon such commonage; such cost to be ascertained
    in such manner as may be fixed and determined by the Chief
    Inspector of Stock.

  2. All cattle depastured must be branded, and the brand
    and a description of the cattle must be registered with the
    Ranger. The Ranger shall issue a certificate of registration
    in such form as he thinks fit, and the fee for every such
    certificate shall be one shilling. But if the brand is regis-
    tered with the application no further registration shall be
    necessary.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1895, No 68





✨ LLM interpretation of page content

🌾 Close Season for Mullet in Kaipara Harbour

🌾 Primary Industries & Resources
9 September 1895
Sea-fisheries Act, 1894, Kaipara Harbour, Mullet, Close Season, Regulation
  • Glasgow, Governor
  • Alex. Willis, Clerk of the Executive Council

🗺️ Rules and Regulations for Switzers Commonage

🗺️ Lands, Settlement & Survey
9 September 1895
Land Act, 1892, Switzers Commonage, Management, Committee, Depasturing Licenses
7 names identified
  • James Handyside, Appointed to Committee
  • Hugh Sproat, Appointed to Committee
  • James Watson, Appointed to Committee
  • James Hardman, Appointed to Committee
  • John Thornton, Appointed to Committee
  • Henry G. Clarke, Appointed to Committee
  • Patrick de Laurie, Appointed to Committee

  • Glasgow, Governor