2262

THE NEW ZEALAND GAZETTE.

No. 56

said Act, doth hereby modify the provisions of section five
of the said Act to the extent set forth in the Schedule hereunto,
and doth declare that this Order in Council shall have effect
as from date of publication in the Gazette.

SCHEDULE.

1. By substituting the word "four" for "five" in paragraph
   (b) of subsection (2) of section 5.

2. By inserting the word "Canterbury" before the word
   "Nelson" in paragraph (c) of subsection (3) of section 5.

3. By suspending the operation of paragraph (d) of sub-
   section (3) of section 5.

F. D. THOMSON,
Clerk of the Executive Council.

Regulations prescribing the Manner of taking the Votes of
Producers for the Purpose of Election of Members of the
New Zealand Fruit-export Control Board.—Notice No.
Ag. 2515.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 6th day of
August, 1925.

Present:

His Excellency The Governor-General in Council.

IN pursuance and exercise of the powers conferred on
him by the Fruit Control Act, 1924, His Excellency
the Governor-General of the Dominion of New Zealand,
acting by and with the advice and consent of the Executive
Council of the said Dominion, doth hereby revoke the
Order in Council made and gazetted on the twenty-second
day of December, one thousand nine hundred and twenty-
four, making regulations prescribing the manner of taking
the votes of producers for the purpose of the election of
members of the New Zealand Fruit-export Control Board,
and in lieu thereof doth hereby make the following regula-
tions. And doth order that such revocation shall take effect
and the regulations hereby made come into force on the
date of the publication hereof in the Gazette.

REGULATIONS.

1. PRELIMINARY.

(1.) THESE regulations may be cited as "The Fruit-export
Control Board Election Regulations, 1925."

(2.) In these regulations, where not inconsistent with the
context—

"The Board" means the New Zealand Fruit-export Control
Board;

"The said Act" means the Fruit Control Act, 1924 :

"The Minister" means the Minister of Agriculture :

"Producer" means any person carrying on business as a
producer of fruit for sale and being the occupier of an
orchard registered under the Orchard and Garden
Diseases Act, 1908, from which at least one hundred
cases of fruit the produce of that orchard were ex-
ported from New Zealand in the year immediately
preceding the year in which an election is held ;

"Roll" includes any roll of producers in a provincial
district as described in Regulation No. 3 hereof.

(3.) Unless the contrary intention appears, expressions
used herein have the same meanings as in the said Act.

2. RETURNING OFFICER.

For the purpose of taking votes of producers and of con-
ducting elections and polls under the said Act the Minister
shall appoint a Returning Officer, who shall make all neces-
sary arrangements.

3. ROLLS.

(1.) For the purpose of the election of producers' repre-
sentatives the Returning Officer shall prepare separate rolls
of producers in the provincial districts (as varied by sub-
section (1) of section (2) of the said Act) in respect of which
an election is necessary.

(2.) Such rolls shall contain in alphabetical order the sur-
names of the producers entered thereon, together with their
first names and addresses so far as known to the Returning
Officer, and the names entered shall be numbered consecu-
tively.

(3.) Such rolls shall be compiled from the nominal list of
exporters of fruit in the possession of the Department of
Agriculture, but the Returning Officer may exclude from the
rolls the name of any person appearing in the said list whom
he has reason to believe nevertheless not qualified to vote as
a producer at the next succeeding election, and may add to

the rolls the name of any person not appearing in the said
list whom he has reason to believe qualified so to vote.

(4.) Where one of two or more persons is entitled to vote
in respect of the joint occupation of any orchard the Returning
Officer shall enter on the roll the name of such one of the
said persons as he shall think fit, but at any time before the
closing of the roll on application in writing signed either by
the person whose name is so entered or by a majority of the
persons appearing jointly to occupy the said orchard the
name of some other one of the said persons may be inserted
on the roll in lieu of the name first inserted.

(5.) The entry of the name of any person entitled to vote
by virtue of the provisions of subsection (4) or subsection (5)
of section 35 of the said Act shall be followed by the words
"appointed by [Name of corporate body or firm]."

(6.) The said rolls shall be deposited in the Head Office of
the Department of Agriculture not later than the 10th day of
August in every year and shall be open to public inspection
during ordinary office hours for a period of three weeks there-
after.

(7.) Any person may, from time to time during the said
period of three weeks, lodge with the Returning Officer an
objection in writing under his hand to any roll on either of
the following grounds :—

(a.) That any person whose name is on such roll is at the
time of lodging the objection not qualified to vote
as a producer at the next succeeding election.

(b.) That any person whose name is not on such roll is
qualified so to vote and is entitled to have his name
placed on the roll.

(8.) The Returning Officer shall, without the necessity of
calling upon or hearing any objector or person affected, decide
the matter of such objection, and make such amendment of
the roll as may be necessary in consequence of his decision.

(9.) At the expiration of the said period of three weeks the
rolls shall be closed, and no further alteration shall be made
therein until the completion of the election for which such
rolls were prepared.

4. NOMINATIONS.

(1.) No person shall be eligible for election as a producers'
representative unless he has been nominated by one or more
producers, and he has accepted nomination in writing or by
telegraph.

(2.) The form of nomination shall be in the form No. 1
in the Schedule hereto, or to the effect thereof.

(3.) The last day and hour for receiving nominations shall
be the 17th day of August in each year at noon.

(4.) Nothing in these regulations shall prevent the Re-
turning Officer from accepting a nomination-paper made out
in such form as, in his opinion, is sufficient to identify the
candidate and at least one nominator.

(5.) No producer shall be entitled to nominate more than
one person for election.

(6.) A producer shall not be entitled to nominate a person
for election as a producers' representative for a provincial
district in which such producer is not entitled to vote.

(7.) If no more persons are so nominated as producers'
representatives than are required to fill the vacant positions
on the Board, such persons shall be deemed to have been duly
elected, and shall be declared elected by the Returning Officer
by notice in the Gazette.

5. POLLS.

(1.) If more persons are so nominated than are required to
fill the vacant positions on the Board, the Returning Officer
shall cause voting-papers to be printed in the form No. 2 in
the Schedule hereto.

(2.) The Returning Officer shall forward by post, addressed
to each voter at the address appearing on the roll, a voting-
paper in the said form No. 2, together with an envelope
addressed to the Returning Officer and bearing on its face the
consecutive number appearing on the roll against the name
of the voter to whom the voting-paper is forwarded.

(3.) On proof to his satisfaction by statutory declaration
or otherwise that a voter has not received his voting-paper
in due course of post, the Returning Officer may issue a
further voting-paper to such voter in such manner as he
thinks fit, together with an envelope addressed as aforesaid
and bearing on its face the number aforesaid with an addi-
tional distinguishing mark to indicate its issue under this
clause.

(4.) No voting-paper shall be valid unless it is received by
the Returning Officer in the envelope issued with such voting-
paper as aforesaid.

(5.) Voting-papers may be delivered to the Returning
Officer by hand or sent by post addressed as provided by the
said form No. 2.

(6.) The poll shall close at noon on the 1st day of September
in the year for which the election is held, and no voting-paper
shall be valid which is not received by the Returning Officer
at or before noon on that day.