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Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.

Oyster-Beds Generally

Oyster-Beds Generally.

23.Penalty for interfering with oyster-beds. Every person who, within the limits of any oyster-fishery, knowingly does any of the following things:—
(1.) Uses any implement of fishing except a line and hook, or a net adapted solely for catching floating fish, and so used as not to disturb or injure in any manner any oyster-bed, or oysters, or the oyster-fishery; or
(2.) Dredges for any ballast or other substance, except under a lawful authority for improving the navigation; or
(3.) Deposits any stone, ballast, rubbish, or other substance; or
(4.) Places any implement, apparatus, or thing prejudicial or likely to be prejudicial to any oyster-bed or oysters, or brood or spawn thereof, or to the oyster-fishery, except for a lawful purpose of navigation or anchorage; or
(5.) Disturbs or injures in any manner, except as last aforesaid, any oyster-bed or oysters, or brood or spawn thereof, or the oyster-fishery; or
(6.) Interferes with or takes away any of the oysters from such bed without the consent of the licensees, or owners or occupiers of such bed;—
is liable, on summary conviction, to a penalty not exceeding two pounds for the first offence, and not exceeding five pounds for the second offence, and not exceeding ten pounds for the third and every subsequent offence, and also to such further sum of money not exceeding ten pounds, to be paid to the party aggrieved, as appears to the Justices to be a reasonable compensation for the damage
24.Penalty for taking oysters without license. Every person who, by any means whatsoever, takes any oysters from any natural oyster-bed lying below the level of the lowest water of spring-tides, or dredges for oysters, or uses any oyster-dredge or any net, instrument, or engine whatsoever in or upon any such natural oyster-bed for the purpose of taking or catching oysters, although no oysters shall be actually taken, or with any net instrument, or engine drags upon the ground or soil of any such natural oyster-bed, or takes any oysters for the purpose of sale or export, without having a license under this Act, is liable to a penalty not exceeding five pounds.
25.Penalty for taking oysters from part of oyster-bed not declared open. Every licensed person who, during any period of the year, takes any oysters from any part of an oyster-bed which is not declared to be open as an oyster-fishery, is liable to a penalty not exceeding twenty pounds, and his license shall be cancelled
26. Penalty for not returning oyster-brood to place whence taken.

Every person who, whilst lawfully taking, catching, or dredging for oysters on or from any natural oyster-bed, raises or takes any oyster-brood, and does not, within six hours thereafter, page 9return such brood to the place whence taken, is liable for every such offence to a penalty not exceeding ten pounds.

But this provision shall not apply to any person lawfully taking oysters or oyster-brood for the purpose only of supplying or replenishing any artificial oyster-bed.

27. The portion of the seashore to which any license as Seashore to be deemed part of adjacent county for purposes of jurisdiction.aforesaid relates (as far as it is not by law within the body of any borough or county) shall, for all purposes of jurisdiction, be deemed to be within the body of the adjoining borough or county, or to be within the body of each of the adjoining boroughs or counties, or boroughs and counties if more than one.
28. The Governor may from time to time, upon the recommendation Governor may alter license after grant to give effect to any arrangements.of the Minister, alter any license granted under this Act or heretofore granted under any Act hereby repealed, or grant a new license in lieu thereof to the licensee or his representative, so as to give effect to any agreement or undertaking given or entered into by or on behalf of any such licensee with any person or persons subsequently to the date of such license.