3220
THE NEW ZEALAND GAZETTE.
[No. 83

SCHEDULE.
TE MATA AND KIDNAPPER SURVEY DISTRICTS.

Block. Approximate Area.
A. R. P.
WAIMARAMA 3A 6B 6A (balance) .. .. 265 3 8
", 3A 6B 6B (balance) .. .. 270 0 0

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

Regulations under the Orchard and Garden Diseases Act, 1928, relating to the Registration of Orchards.—(Notice No. Ag. 2873.)

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 5th day of December, 1929.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred upon him by the Orchard and Garden Diseases Act, 1928 (hereinafter termed “the said Act”), and of all other powers and authorities in that behalf enabling, 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 make the following regulations under the said Act relating to the registration of orchards, and doth hereby revoke as from the date of the coming into force of the regulations hereby made the regulations under the Orchard and Garden Diseases Act, 1908, made by Order in Council on the thirteenth day of January, one thousand nine hundred and twenty-eight, and published in the Gazette on the nineteenth day of the same month at page 105.

R E G U L A T I O N S.

REGULATION 1. PRELIMINARY.

(1) THESE regulations may be cited as the Orchard Registration Regulations, 1929.

(2) These regulations shall come into force on the 1st day of January, 1930.

(3) For the purposes of these regulations—
“Director” means the Director of the Horticulture Division of the Department of Agriculture:
“Fruit-tree” means any variety of apple, pear, quince, peach, nectarine, plum, cherry, apricot, nut, or citrus tree, or grape-vine:
“Occupier” means the occupier within the meaning of the Rating Act, 1925:
“Orchard” means any land used for the growing of fruit-trees and the production of fruit for sale and includes any such land, notwithstanding that the fruit-trees thereon may not have come into bearing.

REGULATION 2. THE REGISTER.

(1) For the purpose of the registration of orchards a Register of Orchards 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 occupiers, 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, corrected, cancelled, or deleted 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 orchard there shall be issued, without charge to the occupier of such orchard, 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 occupier a further certificate of registration in respect of such orchard.

(3) Any such certificate of registration shall be prima facie evidence of the registration of the orchard 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 orchard shall be prima facie evidence that no application has been made for the making of such entry.

REGULATION 4. APPLICATION FOR REGISTRATION.

(1) Every occupier of an orchard on the date of the coming into force of these regulations shall forthwith apply for registration of such orchard in manner hereinafter provided.

(2) Every occupier who, after the date of the coming into force of these regulations, proposes to establish an orchard shall forthwith on the establishment thereof apply for registration of such orchard in manner hereinafter provided.

(3) Every application for registration of an orchard shall be made in writing 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.

(4) 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.

(5) 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 orchard concerned within the meaning of these regulations.

(6) Forms of application for registration of an orchard may be obtained free of charge from the Director or from any District Office or Orchard Instructor of the Department of Agriculture.

REGULATION 5. ALTERATIONS IN RESPECT OF THE OCCUPATION OR POSSESSION OR AREA OF ORCHARDS.

(1) Every occupier who has applied for registration of his orchard in respect of which a certificate of registration has been issued shall, immediately any increase or decrease takes place in the area of such orchard, or in the number of fruit-trees planted therein, or immediately such orchard ceases to be so used by the occupier aforesaid, or immediately any changes takes place in the occupation or possession of such orchard, give the Director notice thereof and of the particulars of such change as the case may require, and shall, in the event of any change occurring in the occupation or possession of such orchard, return to the Director the certificate of registration issued in respect thereof, but compliance with the requirements of this clause shall not relieve any person from the duty of complying with clause (3) of this regulation.

(2) No person shall use any land as an orchard in respect of which notice of any increase or decrease in the area thereof, or in the number of fruit-trees planted therein, has not been given to the Director as required by the last preceding clause hereof.

(3) Every person who, after the date of the coming into force of these regulations becomes the occupier of any registered orchard shall forthwith give notice thereof to the Director applying to be registered as such occupier.

(4) The Director on receipt of any such notice may, by notice in writing posted to the person giving the notice at the address of the registered orchard, require that person to furnish particulars of any of the matters information as to which is required by the said form No. 1.

(5) Every such person shall forthwith comply to the reasonable satisfaction of the Director with the requirements of any notice so given by the Director, and until he so complies he shall not be deemed to have complied with the requirements of clause (3) of this regulation.

(6) Upon receipt of any notice pursuant to this regulation 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 in respect of such orchard.

REGULATION 6. OFFENCES AND PENALTY.

Every person commits an offence against the said Act who directly or indirectly by himself, his servant, or agent fails to faithfully observe and perform any duty or obligation imposed upon him by these regulations, and is liable to a fine not exceeding £20 pounds.