1256
THE NEW ZEALAND GAZETTE.
[No. 29

or daughter of such person, may take or kill opossums on
that land without a license (but subject to obtaining a permit
as hereinafter provided and to all other restrictions and con-
ditions imposed by or under the said Act or these regulations)
during any open season in which opossums may lawfully
be taken or killed under a license in the district within the
boundaries of which such land is situated.

(5.) Before any person takes or kills opossums pursuant
to clause (4) of this regulation he shall first apply for and
obtain a permit for such purpose from the Secretary of the
acclimatization society in whose district the said land is
situated. Such application shall be accompanied by the
certificate of a ranger of the acclimatization society concerned
to the effect that the applicant is a bona fide occupier of such
land or the son or daughter of a bona fide occupier, as the case
may be. It shall be mandatory on the secretary of the
acclimatization society concerned to issue such permit if the
application is accompanied by the necessary certificate.
No fee shall be charged for such permit. Such permit shall
be in the form or to the effect set out in form No. 6 in the
First Schedule hereto.

(6.) The Minister may, by writing under his hand, authorize
any acclimatization society, or the officers or servants of
any such society, or any other person without being the
holder of a license to catch or take opossums for the purpose
of distributing or exchanging the same in some other country
or in some other part of New Zealand, or for any scientific or
other purpose approved by the Minister. Any such authority
may permit the holder thereof to enter upon a sanctuary or
public domain for the purpose of catching or taking opossums
as specified therein, and shall be subject to such conditions
as may be specified therein.

(7.) Notwithstanding anything in these regulations, it
shall be lawful at any time, and in any acclimatization district
for the occupier of any orchard registered under the Orchard
and Garden Diseases Act, 1908, or for any bona fide employee
of or any other person authorized by such occupier, without
being the holder of a license, to kill by any means not involving
unnecessary cruelty any opossums in such orchard, or, where
the orchard exceeds one acre in extent, and with the consent
of the owner or occupier thereof, on any land within half a
mile of such orchard or elsewhere within the areas defined in
the Second Schedule hereto, or for the occupier of any land
within half a mile of such orchard registered as aforesaid
exceeding one acre in extent, or for any bona fide employee of
or other person authorized by such occupier, similarly to kill
opossums in the area occupied by such occupier.

Provided that the provisions of Regulation 4 hereof shall
apply so far as applicable to any such occupier, employee, or
other person as if he were the holder of a license.

(8.) On being satisfied that injury or damage to any land
has arisen or is likely to arise through the presence of
opossums on such land, the Minister may in writing authorize
the owner or occupier of such land, or his servants, to take
or kill opossums thereon without being the holder of a license,
subject to such conditions and during such period not exceed-
ing three months from the date thereof as may be specified
in such Warrant.

(9.) The provisions of Regulations 8 and 9 hereof (relating
to royalties and disposal of skins) shall apply to the skins of
all opossums taken or killed in New Zealand, whether pur-
suant to a license in that behalf or otherwise under the pro-
visions of this regulation.

3. LICENSES.

(1.) A license to take or kill opossums may be issued to
any person on payment of the prescribed fee, in the form
No. 1 in the First Schedule hereto, and shall be issued by the
officers appointed in the special regulations issued in respect
of each district; provided that no license shall authorize the
taking or killing of opossums in any sanctuary or public
domain.

(2.) Every person holding a license to take or kill opossums
shall, on demand by any authorized person, produce such
license, and after such demand, if such license is not pro-
duced, or if the person gives a false name or place of resi-
dence or address, he shall be liable to a fine not exceeding £20.

(3.) For the purposes of the last preceding clause of this
regulation “authorized person” includes all Justices, con-
stables, rangers, officers of the State Forest service, or officers
of acclimatization societies, proprietors, or occupiers of land
upon which any person may be found in pursuit of opossums,
and all holders of licenses to take or kill opossums.

(4.) Any person authorized to issue licenses hereunder may
refuse to issue a license to any person who within two years
prior to the date of his application for a license has been
convicted of any breach of any of these regulations or of any
former regulations respecting opossums made under Part III
of the said Act, or under the Animals Protection Amendment
Act, 1920.

(5.) Where the holder of a license hereunder has been found
guilty of a breach of any of these regulations the Court by
which he is so found guilty may, if it thinks fit, revoke his
license.

(6.) If through no fault of his own a person who has paid
the prescribed fee for a license to take or kill opossums should
be unable to use such license, or if he has inadvertently taken
out a license when such license is not required under this
regulation, the Minister may, in his absolute discretion, direct
that the whole of such fee or any portion thereof shall be
refunded to such person. In such event such person shall,
before such refund is made, surrender such license to the
officer by whom it was issued.

(7.) If any person to whom a license has been issued under
this regulation proves to the satisfaction of any person
authorized to issue licenses, by such evidence as such autho-
rized person may see fit to require, that any license or copy
of a license has been lost or mutilated or become illegible,
and on payment of a fee of 5s., he may at any time during
the currency of the license obtain from such authorized person
a copy of the license certified as being a true copy, and such
copy shall be available for all purposes for which the original
license could have been available under this regulation.

4. ENTRY ON PUBLIC AND PRIVATE LAND.

(1.) The holder of any license is not entitled by virtue of
such license to enter upon any private land without the con-
sent of the owner or occupier thereof.

(2.) The holder of any license is not entitled by virtue of
such license—

(a.) To enter upon any State forest, provisional State forest,
forest reserve, forest-plantation reserve, bush reserve,
timber reserve, or reserve for the growth and preser-
vation of timber without the written consent of a
Conservator of Forests or a responsible officer of the
State Forest Service having control thereof; nor

(b.) To enter upon any Crown land, scenic reserve, or any
public reserve, other than a public domain, without
the written consent of a Commissioner of Crown
Lands, or of any Board having control thereof; nor

(c.) To enter upon any reserve under the Tourist and Health
Resorts Control Act, 1908, without the written con-
sent of the General Manager of the Department of
Tourist and Health Resorts or his appointee.

(3.) Notification of any consent given under clause (2) of
this regulation shall be endorsed on the license by the officer
by whom such consent is given.

(4.) If any person to whom application is made for the
issue of a license has reason to believe that the applicant
proposes to take or kill opossums upon lands of any of the
classes referred to in clause (2) of this regulation, he may
withhold the issue of such license until production to him of
such written consent as aforesaid.

5. TRAPPER’S STATEMENT.

(1.) Any person taking or killing opossums in New Zealand
shall prepare and sign in duplicate a true and correct state-
ment in writing in the Form No. 2 in the First Schedule
hereto, relating to such opossums and the skins thereof.

(2.) Such person shall apply to the secretary or a ranger
of the acclimatization society in whose district the opossums
were killed or taken, or to a Postmaster, or to the Govern-
ment Tourist Agent at Rotorua, or to a Ranger of the Depart-
ment of Tourist and Health Resorts, or to an officer of the
State Forest Service, or to any other person specially autho-
rized for that purpose (hereinafter called the certifying officer)
to sign on each copy of the said statement the certificate set
out at the foot of the said Form No. 2.

(3.) On making application for the certificate of the certi-
fying officer such person shall produce to the certifying officer
the skins of the opossums to which such statement relates.

(4.) No broker or other person shall accept delivery of any
skins not bearing the official mark, unless accompanied by
both copies of such statement and certificate.

(5.) Any person committing a breach of the foregoing pro-
visions of this regulation shall for each such offence be liable
to a penalty not exceeding £20.

(6.) No certifying officer shall sign any certificate on such
statement unless the skins of the opossums to which such
statement relates have been produced to him as hereinbefore
provided.

(7.) On payment of royalty by a licensed broker one copy
of such statement so certified shall be delivered to the officer
authorized to receive royalty, and shall be forwarded by him
to the Under-Secretary with his monthly return referred to
in clause (13) of Regulation 8 hereof, and the other copy
thereof shall be forwarded by the licensed broker to the
Under-Secretary with the monthly certified copy of register
entries referred to in clause (2) of Regulation 7 hereof.