2194
THE NEW ZEALAND GAZETTE.
[No. 45

after such examination as he thinks necessary, and if satisfied
that the certificate applies to the potatoes proposed to be
introduced, that such potatoes are in fact free from disease
as so certified, and that the law has been otherwise complied
with, issue a permit, in the form in the Second Schedule hereto,
authorizing such potatoes to be landed and disposed of
without further restriction :

Provided, however, that possession of such a certificate
shall not relieve any person seeking to introduce such
potatoes from any other liabilities he may be subject to under
the provisions of the said Act or these regulations.

(3) If any potatoes are introduced or attempted to be
introduced into New Zealand without being accompanied by
the certificate prescribed by these regulations as necessary
for such potatoes, such potatoes may, together with any
package containing the same, or with which the same may
have been in contact, be seized by an Inspector or other
person authorized by the Minister in that behalf, or an officer
of Customs, and be destroyed, or otherwise disposed of as
such Inspector or other person or officer deems fit, at the
expense of the owner or person in charge thereof.

(4) If any potatoes are introduced or attempted to be
introduced into New Zealand which, though accompanied by
the certificate prescribed as necessary for such potatoes, are
yet found on examination by an Inspector to be infected
with disease, such potatoes shall, together with any packages
or wrappings containing or surrounding the same, or with
which the same may have been in contact, be either reshipped
at once to a port or place beyond New Zealand by the person
introducing or attempting to introduce them, or be destroyed
at the expense of the owner or the person in charge thereof.

(5) In any case in which he considers such a course necessary for the purpose of determining whether disease is actually
present or not, it shall be competent for the Inspector to
despatch samples from any consignment to a Government
laboratory for special examination, and the consignment shall
not be removed or dealt with in any way, otherwise than by
reshipment, until the result of such special examination is
known, and shall then be dealt with according to such of the
preceding clauses hereof as may be applicable.

(6) No fees shall be charged for inspection, but all labour
connected with the opening and repacking of packages of
potatoes for that purpose shall be provided at the expense of
the owner or person in charge thereof.

(7) Every person commits an offence against these regulations who knowingly or otherwise—

(a) In any way introduces, attempts to introduce, or is
concerned in introducing or attempting to introduce
any potatoes infected with disease, or who keeps,
sells, or exposes or offers for sale or barter potatoes
so introduced, or in any way causes the distribution
of same :

(b) Removes or attempts to remove or is concerned in removing any potatoes, or package or wrapping containing the same from any wharf or vessel or landing-place within New Zealand without first having obtained a permit from the Inspector in the form set out in the Second Schedule hereto.

5. ADMISSION OF SEED POTATOES.

(1) Seed potatoes may be imported by post only, and in
lots not exceeding 12 lb. in weight.

(2) All such potatoes shall be addressed in the care of the
Director.

(3) Upon their arrival in the Dominion such potatoes shall,
until planted, be retained in the custody or control of the
Director, and shall be grown on land approved by the Director
for the purpose and under his supervision, but at the expense
in all things of the owner.

(4) No such potatoes when so planted, and no potatoes
grown therefrom, shall be taken out of the ground without
the written consent of the Director given on his being satisfied
that such potatoes are not infected with disease.

(5) If in his opinion any such potatoes are infected with
disease the Director may at any time order their destruction,
and any expense incurred in this connection shall be borne by
the owner.

(6) Upon being notified by the Director that he has authorized the release of such potatoes the owner shall make all
necessary arrangements for digging, bagging, and taking
delivery thereof. Any charges that may have been incurred
in providing containers for the carriage of the potatoes
and any other expenses incurred in connection with such
potatoes shall be met by the owner, and shall be paid before
delivery of the potatoes is given.

(7) Every person commits an offence against these regulations who in any way introduces, attempts to introduce, or is
concerned in introducing or attempting to introduce any seed
potatoes otherwise than through the post as hereinbefore provided and in lots not exceeding 12 lb. in weight, or who grows
or deals with any imported seed potatoes, or potatoes grown
therefrom, or causes or permits the same to be grown or dealt
with otherwise than according to the provisions of these
regulations.

6. RECOVERY OF EXPENSES.

The amount of any expenses imposed by these regulations
upon the owner or person in charge of any potatoes shall be
assessed by the Director in accordance with the time and labour
(whether of officers of the Government or otherwise) involved
and the material used, and when so assessed shall be deemed to
be a fee fixed in pursuance of section 20 of the said Act, and
shall be recoverable as a debt due to the Crown in any Court
of competent jurisdiction.

FIRST SCHEDULE.

THE ORCHARD AND GARDEN DISEASES ACT, 1908.

Official Certificate to accompany Potatoes from] to New
Zealand.

I HEREBY certify that—

(a) I have examined the undermentioned packages of
potatoes,

(b) The potatoes are entirely free from disease,

(c) They were grown at on premises known after
due investigation not to be infected with disease, and

(d) They are packed in clean new sacks.

Number of sacks : . Marks : .

Consignor :

Consignee :

Shipped per :

Signature………………

Official designation :

Address :

Date :

SECOND SCHEDULE.

THE ORCHARD AND GARDEN DISEASES ACT, 1908.

Permit to land Potatoes.

To the Landing Waiter, His Majesty’s Customs.

, 19 .

Please allow to be landed and delivered to at the
Port of (but not elsewhere), the following packages
of potatoes ex :

………………

[Inspector under the Act.]

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

Declaring Additional Diseases under the Orchard and Garden
Diseases Act, 1908, and extending the Second Schedule of
the Act to include the said Diseases.—Notice No. Ag. 2062.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of
July, 1927.

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

I N pursuance and exercise of the powers conferred upon
him by the Orchard and Garden Diseases Act, 1908,
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
declare that on and after the date of the gazetting hereof the
diseases named in the Schedule hereto shall be diseases within
the meaning of the said Act ; and, with the like advice and
consent, doth hereby extend the Second Schedule to the said
Act by including the aforesaid diseases therein.

SCHEDULE.

Fusarial diseases (Fusarium spp).
Mosaic diseases.
Powdery scab (Spongospora subterranea).
Potato Moth (Lita solanella).
Stem wilt (Bacillus solanisaprus).

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

By Authority: W. A. G. SKINNER, Government Printer, Wellington.

Price, 6d.