2214
THE NEW ZEALAND GAZETTE.
[No. 62

“Plant” means any tree, flower, shrub, vegetable, or other vegetation.
“Plantation” means any land used for the purpose of growing or cultivating any plant.
(2.) These regulations shall apply to or within the Island of Niue only.

2. It shall be the duty of the Inspector to inspect all fruit intended for export; and for the purposes of such inspection the Inspector may enter (by force if necessary) any building, land, plantation, ship, or vehicle, and shall have power to open any case, sack, or package containing fruit or which he reasonably believes to contain fruit.

3. All fruit intended for export shall be conveyed by the owner or shipper thereof to and be stored at the sheds and wharves at the port of shipment.

4. It shall be the duty of every owner or shipper of fruit intended for export, and of every person or company having the custody or control of such fruit, to allow the Inspector to inspect such fruit.

5. If the Inspector is of opinion that any fruit is unfit for export by reason of the same being infected, or by reason of the said fruit not being otherwise in a fit condition for export, or by reason of the same being badly or improperly packed or marked, he shall forthwith give notice in writing to the owner or shipper of such fruit, or to the person or company having the custody or control of the same, that such fruit will not be passed by the Inspector as fit for export.

6. The Inspector shall give in respect of all fruit passed by him as fit for export a certificate or certificates that such fruit has been duly passed as fit for export. No person shall export any fruit unless such certificate has been given in respect of such fruit. There shall be paid by the owner or shipper of such fruit, or by the person or company having custody or control thereof, such fee or charge for such inspection and certificate as is hereinafter prescribed.

7. (a.) The Inspector may require any fruit that in his opinion is unfit for export, by reason of the same being infected, immature, overmature, under grade, or otherwise not suitable for export, to be withheld from shipment, repacked, or destroyed, as he may deem necessary.

(b.) Any fruit required to be withheld from shipment may, if the Inspector so authorizes, be used by the owner thereof for local consumption.

(c.) Any fruit required to be repacked shall be repacked to the satisfaction of the Inspector.

(d.) Any fruit required to be destroyed may be destroyed by the Inspector or by any other person under his authority, and the cost of such destruction shall be paid by the owner or shipper of such fruit, or by the person or company having the custody or control thereof, and, in case of non-payment on demand, may be recovered by the Inspector from any such owner or other person by civil action; but this provision shall in no way relieve such owner or other person from any other liability under these regulations.

8. (1.) The Inspector may at any time enter upon any plantation or on board any ship for the purpose of inspecting any plants or fruit or the packages containing the same, or with which the same may have come into contact, and shall have all such powers and authorities (including power to dig up plants, open packages, and otherwise) as he deems necessary for enabling him to enforce the provisions of these regulations.

(2.) If the Inspector declares any such plants, fruit, or packages to be diseased or infected with disease, he shall give notice thereof to the owner or person in charge of the same, who shall forthwith take such measures and do such acts as are, in the opinion of the Inspector, necessary in order to eradicate or prevent the spread of the disease.

(3.) If such owner or person fails so to do to the satisfaction of the Inspector, such Inspector may do the same at the expense in all things of such owner or person, who nevertheless shall not thereby be relieved from his other liabilities under these regulations.

(4.) In the exercise of the powers conferred upon him by the foregoing provisions of this regulation the Inspector may remove, treat, disinfect, destroy, or otherwise dispose of such plants, fruit, or packages in such manner as he thinks fit.

9. The importation into Niue of second-hand fruit-cases, copra-sacks, or other receptacles for carrying fruit is prohibited, and any cases, copra-sacks, or other receptacles imported or attempted to be imported in breach of this regulation, together with the contents