708

THE NEW ZEALAND GAZETTE.

[No. 22

Regulations as to the Registration of Apiaries.—Notice No. Ag. 2714.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 10th day of March, 1928.

Present:

THE RIGHT HONOURABLE SIR FRANCIS BELL, P.C., PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred on him by the Apiaries Act, 1927, and all other powers enabling him in this behalf, 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 on the ninth day of July, one thousand nine hundred and seventeen, and published in the Gazette on the twelfth day of the same month at page 2778, making regulations as to the registration of apiaries, and make the following regulations in lieu thereof; and doth declare that the said revocation and the regulations hereby made shall come into force on the date of publication of this Order in Council in the Gazette.

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REGULATIONS.

REGULATION 1.—PRELIMINARY.

(1) THESE regulations may be cited as “The Apiary Registration Regulations, 1928.”

(2) For the purpose of these regulations,—

“Director” means the Director of the Horticulture Division of the Department of Agriculture:

“Apiary” means any place where bees or appliances are kept:

“Appliance” means any hive, bee-comb, extractor, or other appliance that has been used in connection with beekeeping:

“Beekeeper” means any person who keeps bees or appliances, or who allows bees or appliances to be kept on any land occupied by him:

“The said Act” means the Apiaries Act, 1927.

REGULATION 2.—THE REGISTER.

(1) For the purpose of the registration of apiaries required by the said Act a Register of Apiaries shall be kept by the Director at his office in Wellington.

(2) The Register may be kept bookwise or in card form, or in such other manner as may be deemed convenient, and an application for registration in regular form may be incorporated with and form part of the Register.

(3) The entries in the Register may be arranged in order of localities and in suborder of names of beekeepers, arranged alphabetically, or in such other order as may be deemed convenient, and may from time to time be rearranged in different order.

(4) The particulars to be entered in the Register shall be those set out in form No. 1 in the Schedule hereto.

(5) The Director may from time to time direct any entry in the Register to be amended or corrected, upon such documentary or other evidence as he shall deem sufficient.

(6) No person shall be entitled to inspect or search the Register except by permission of the Director, which permission it shall be in the discretion of the Director to grant or withhold.

REGULATION 3.—EVIDENCE OF REGISTRATION.

(1) On the registration of any apiary there shall be issued without charge to the person by whom the application for registration was made a certificate of registration in or to the effect of form No. 2 set out in the Schedule hereto.

(2) At any time thereafter the Director may, if he thinks fit, and shall, if required for the purposes of any legal proceedings, issue to such person a further certificate of registration relating to any apiary.

(3) Any such certificate of registration shall be prima facie evidence of the registration of the apiary to which the same relates.

(4) A copy certified by the Director of any entry in the Register shall be prima facie evidence of such entry.

(5) A certificate under the hand of the Director of the absence of an entry in the Register shall be prima facie evidence of the facts stated in such certificate.

(6) The absence of an entry in the Register relating to any apiary shall be prima facie evidence that no application has been made for the registration of such apiary.

REGULATION 4.—APPLICATION FOR REGISTRATION.

(1) Every person using as an apiary on or before the 31st day of March, 1928, any place which it is proposed to use as an apiary after that date shall, not later than that date, apply for registration thereof in manner hereinafter provided.

(2) Every person who, after the 31st day of March, 1928, proposes to use any place as an apiary shall, before so using that place, apply for registration thereof in manner hereinafter provided.

(3) The Director may accept an application for registration notwithstanding that the same is not made within the time limited respectively by clauses (1) and (2) of this regulation, but the fact that the Director so accepts an application shall not relieve any person from liability for failure to comply with either of the said clauses (1) and (2) hereof.

(4) Every application for registration of any place as an apiary shall be made in writing given to the Director on a form of application obtained for that purpose, which form shall be in or to the effect of form No. 1 set out in the Schedule hereto and shall contain the information indicated in the said form and shall be signed by the applicant.

(5) The Director, on receipt of any application for registration, may, by notice in writing posted to the applicant at the address set out in his application, require the applicant to furnish further or better particulars of any of the matters information as to which is required by the said form No. 1.

(6) Every applicant shall forthwith comply to the reasonable satisfaction of the Director with the requirements of any such notice as aforesaid, and until he so complies he shall not be deemed to have applied for registration of the apiary concerned within the meaning of the regulations.

(7) Forms of application for registration of an apiary may be obtained free of charge from the Director or from any Apiary Instructor of the Department of Agriculture.

REGULATION 5.—ALTERATIONS OF OWNERSHIP.

(1) Every person who has applied for registration as an apiary of a place in respect of which a certificate of registration has been issued shall, immediately such place ceases to be used as an apiary or immediately any change takes place in the ownership or possession of such place or immediately such place ceases to be so used by the person aforesaid, give to the Director notice thereof and of the particulars of such change as the case may require, but compliance with the requirements of this clause shall not relieve any person from the duty of complying with the next succeeding clause of this regulation.

(2) Every person who, after the 31st day of March, 1928, acquires or succeeds to the ownership or possession of any registered apiary shall forthwith give notice thereof to the Director.

(3) Upon receipt of such notice and on verification thereof to his satisfaction the Director shall make such entries in the Register as the case may require, and shall, if need be, issue a fresh certificate of registration setting forth the new ownership of the apiary.

REGULATION 6.—OFFENCES AND PENALTY.

Any person who commits a breach of any of the foregoing regulations shall be deemed to be guilty of an offence, and shall be liable on conviction to a penalty not exceeding £20.

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SCHEDULE.

[Form No. 1.

APPLICATION FOR REGISTRATION OF AN APIARY.

NAME of applicant:

Address of applicant:

Situation of apiary:

Number of hives —

Italian bees:

Black bees:

Cross-bred bees:

The Director of the Horticulture Division,

Department of Agriculture,

Private Bag, Wellington.

I hereby apply, in pursuance of section 5 of the Apiaries Act, 1927, for the registration of the above-mentioned apiary, of which I am the beekeeper.

Signature:

Date:

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[Form No. 2.

CERTIFICATE OF REGISTRATION OF AN APIARY.

I HEREBY certify that the apiary owned by ——— of ———, located at ———, in the ——— district, County, is duly registered as an apiary in terms of the Apiaries Act, 1927, and the regulations thereunder.

Dated at Wellington, this ——— day of ———, 192 —.

[Signature :]

Director, Horticulture Division.

C. A. JEFFERY,

Acting Clerk of the Executive Council.