Sea Fisheries Regulations




Jan. 7.] THE NEW ZEALAND GAZETTE. 19

shall be soaked either in fresh or salt water for not less than
ten minutes, and the mesh so soaked shall then be measured.
16. No person shall set any net by the process known as
"stalling," whereby a net is staked or set across or within
any bay, inlet, river, or creek in tidal waters in such a
manner that fish enclosed by such net are or may be left
stranded at low tide.

  1. When a person is lawfully engaged in setting or placing
    his nets for the purpose of taking indigenous fish, no person
    shall impede him by the process known as "blocking,"
    whereby another person sets or places his nets outside, or
    round, or partly round the nets of the person first setting or
    placing his nets, so as to prevent fish getting through to such
    last-mentioned nets.

  2. In order to effectuate a forfeiture under the provisions
    of the said Act, it shall be lawful for any officer appointed
    thereunder to seize and take possession of all fish unlaw-
    fully taken, and also all baskets, nets, receptacles, gear,
    tackle, or other apparatus which are being used, or which
    in the opinion of such officer are intended to be used, in
    contravention of the provisions of the said Act or any
    regulations made thereunder; and the production by such
    officer of his appointment shall be a sufficient warrant for
    his so acting in any of the cases aforesaid.

  3. No scrimp- or whitebait-net shall be used as set-net, or
    be set or placed in openings made in the banks of rivers or
    streams, or in dams constructed therein; and no scrimp
    hand-net having an opening of more than 5 square feet
    shall be used for the purpose of catching whitebait: Pro-
    vided that scrimp hand-nets having an opening of 9 square
    feet may be used for the purpose of catching whitebait
    within the Provincial District of Canterbury, or in any
    waters of the Waitaki River: Provided further that nothing
    in this regulation shall render it unlawful to take whitebait
    by means of set-nets having an opening of not more than
    7 square feet, in the County of Westland, during the period
    from the 15th day of September to the 24th day of October
    in each year.

  4. No person shall use, for the purpose of enabling him
    to catch whitebait, the device or appliance known as a
    "jigger," which is an appliance formed of pieces of metal or
    other substance attached to a line and placed in a river or
    stream for the purpose of turning the fish into nets; nor shall
    any other device or contrivance be used which tends to
    wholly prevent the movement of such fish up or down
    stream.

  5. Any person committing a breach of the above regula-
    tions not relating to seals shall be liable to a penalty of
    not less than £1 and not exceeding £20; and any person
    committing a breach of such of these regulations as relate to
    seals shall be liable to a penalty not exceeding £500, and a
    further penalty not exceeding £20 in respect of each seal
    illegally taken.

Special (Section II.).

  1. No oyster shall be taken in the South Island, Stewart
    Island, and the waters thereof respectively, and the islands,
    waters, tidal lands, and tidal waters adjacent thereto, which
    can be passed through a metal ring having a clear inside
    diameter of 1½in.

  2. The North Island and islands adjacent are hereby ex-
    cluded from the operation of the 8th, 9th, and 10th sections
    of the said Act.

  3. The South Island and Stewart Island and the islands
    adjacent thereto are hereby excluded from the operation of
    the 8th, 9th, 10th, 15th, 16th, 17th, 33rd, and 34th sections
    of the said Act.

  4. The period from the 1st day of February, 1897, to the
    30th day of November, 1897, is hereby prescribed a close
    season for oysters in Queen Charlotte Sound and Tory
    Channel, and in all bays and inlets therein. During such
    close season it shall be unlawful for any person to take any
    oysters in such sound, channel, bays, and inlets.

  5. The period from the 1st day of April to the 30th day of
    November, 1897, is hereby prescribed a close season for
    oysters in all bays, estuaries, and tidal waters of Manukau
    Harbour situated inside a straight line drawn from the summit
    of Paratutu, on the North Head, to the lighthouse on the
    South Head of that harbour: Provided that such close season
    shall not apply to the areas in such harbour which are held
    under licenses issued under regulations which were made by
    the Governor in pursuance of the said Act on the 14th day of
    May, 1896, and published in the New Zealand Gazette No. 36,
    of the 21st day of the same month.

  6. The months of December, January, and February in
    each year are hereby prescribed a close season for the fish of
    the species of the Mugil known as mullet or kanae. During
    such close season it shall be unlawful for any person to take,
    catch, or have in possession any mullet. And this regulation
    shall have effect in all salt, fresh, or brackish waters in that
    part of Kaipara Harbour inside a straight line drawn from
    the trigonometrical station on Oewa Mound to the trigono-
    metrical station on Komiti Bluff.

First Schedule.

Nature of Regulations. Date of Gazette in which published.
General regulations 12th Jan., 1888.
Regulations respecting oysters in North Island 8th Sept., 1892.
Regulations respecting oysters in South Island and Stewart Island 8th "
Regulations excluding certain parts of North Island from certain sections of "The Oyster Fisheries Act, 1892" 29th "
Regulations prescribing minimum size at which kahawai may be taken. 21st Dec., 1893.
Regulations as to seizure of forfeited fish, nets, &c. 21st June, 1894.
Regulations as to "blocking" 26th July, "
Regulations as to whitebait-nets 30th Aug., "
Regulations as to weight at which cod may be taken 25th Oct., "
Regulations prescribing a close season for oysters in Tory Channel 21st Dec., "
Regulations prescribing minimum weight and size at which fish may be taken 2nd May, 1895.
Regulations prescribing close season for mullet in part of Kaipara Harbour 12th Sept., "
Regulations as to whitebait-nets in Canterbury 26th "
Regulations making close season for seals 11th June, 1896.
Regulations as to whitebait-fishing in Westland County 13th Aug., "
Regulations as to herring-nets in Lake Ellesmere 15th Oct., "

Second Schedule.

Whereas __ has applied to me to grant him a license
to take oysters, and has paid into my hands the sum of 10s.
for the same: Now, therefore, I do hereby license the said
__ to take oysters in any oyster fishery situate within
the North Island of the colony, and wherein it is lawful to
take oysters during the months of __ and __ of
this present year, subject to the provisions of "The Sea-
fisheries Act, 1894," and the regulations in force thereunder
respectively.

Dated in the Port of __, this __ day of __, 189____.

Collector of Customs.
ALEX. WILLIS,
Clerk of the Executive Council.

Conferring Jurisdiction on Native Land Court.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first
day of December, 1896.

Present:

His Excellency the Governor in Council.

WHEREAS by section fourteen of "The Native Land
Court Act, 1894," it is enacted that the Native Land
Court shall, as regards all lands within the meaning of sub-
section ten of section fourteen aforesaid, have jurisdiction
as in the said subsection mentioned: Provided that the
Court shall not proceed to exercise such jurisdiction unless
the Governor in Council shall by order authorise the same
to be done:

And whereas the land specified in the Schedule hereto is
land in respect whereof the Court has jurisdiction as afore-
said, and it is expedient that the Court should be authorised
to exercise the same:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, by and with the advice and consent of the
Executive Council of the said colony, doth hereby authorise
the said Court to exercise in respect of the said land the
jurisdiction conferred as aforesaid—that is to say, to deter-
mine whether or not the said land or any part thereof was,
on the investigation of title thereto, intended by the Native
Land Court, or by the nominal owner or owners of such
land, to be held by such nominal owner or owners in trust for
Natives not named in the title, and to determine who are the
Natives (if any) entitled beneficially to such land, and to
order the inclusion of such Natives in the title, either
together with or in lieu of the nominal owners or any of them,
and for the purpose aforesaid to order the cancellation or
amendment of any existing instrument of title, and the issue
of such new Crown grants or other instruments of title as
may be necessary, and generally to exercise in respect of the
said land all the jurisdiction and powers conferred on the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1897, No 1





✨ LLM interpretation of page content

🌾 Regulations under Sea-fisheries Act (continued from previous page)

🌾 Primary Industries & Resources
21 December 1896
Sea-fisheries Act, Oysters, Fish, Seals, Regulations, Close Seasons, Net Restrictions, Forfeiture, Penalties
  • ALEX. WILLIS, Clerk of the Executive Council

🪶 Order in Council: Native Land Court Jurisdiction

🪶 Māori Affairs
21 December 1896
Native Land Court, Jurisdiction, Land Title, Trust, Natives, Order in Council
  • GLASGOW, Governor