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Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.
Penalties
Penalties.
| 29. | Every person who takes any oysters during any close season Penalty for taking oysters in close season.is liable for every such offence to a penalty not exceeding twenty pounds nor less than twenty shillings. |
| 30. |
Every person who buys, sells, exposes for sale, consigns Penalty for selling oysters contrary to Act.for sale, buys for sale, or has in possession any oysters taken in contravention of this Act, is liable for each offence to a penalty not exceeding twenty pounds.
But a person shall not be guilty of an offence under this section if he satisfies the Court that the oysters alleged to have been sold, exposed for sale, consigned for sale, or bought for sale were preserved in tins or otherwise cured out of the colony. Nor shall a person be deemed guilty of an offence under this section for consigning for sale any oysters within the first fourteen days of any close season for such oysters, if he satisfies the Court that the oysters alleged to have been consigned for sale were actually taken before the commencement of the said close season. |
| 31. | Any penalties imposed by this Act for taking, buying, selling, Penalties to apply to extended close seasons.exposing for sale, consigning for sale, buying for sale, or having in possession any oysters during any close season for the same respectively, applies to suoh season however the same may be varied or extended. |
| 32. | Where any enactment hereof, or any regulation made there-under, Continuing penalties.provides a penalty for the breach hereof, such penalty may, in all cases where the breach is a continuous one, be any sum not exceeding five pounds for every day or part of a day during which suoh breach shall continue. |
| 33. |
Any Collector, Inspeotor, or any officer appointed under this Apprehending of offenders.Act, or any constable, with or without warrant, may seize any gear, tackle, or apparatus which any person found offending against any of the provisions of this Act may be using; and may also, with or without warrant, apprehend any person whose name and address page 10
 are unknown to him and who is found offending against any of the provisions of this Act.
Offenders may be admitted to bail. If the officer or person in charge of the look-up or police-station in which such person is detained see fit so to do, he may liberate such person on his making a deposit of ten pounds, or on his own recognisance in a like sum, conditioned to appear before some Justice of the Peace; and such deposit shall be absolutely forfeited if the aforesaid person fail to appear at the place and time notified by the officer or person taking the same; and such recognisance shall be made or be in such form and recoverable in the same manner as any recognisance now or hereafter may be if taken and acknowledged before a Justice of the Peace.
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| 34. | Oysters, &c., and tackle to be forfeited. All oysters unlawfully taken, or exposed for sale, consigned for sale, or bought for sale, and the baskets or other receptacles thereof, and also all boats, gear, tackle, or other apparatus used in any unlawful taking of oysters, whether found on shore or in the possession of the persons taking the same or any other person whomsoever, Disposal thereof.or in any boat, shall be forfeited, and shall be disposed of as the Minister may think fit. |
| 35. | Police to aid and assist in execution of Act. All police-constables and others, if called upon to aid and assist any Collector, Inspector, or any other officer appointed under this Act in the execution of any of the powers vested in him by this Act, are hereby authorised and required to aid and assist such Collector, Inspector, or officer in the lawful exercise of the powers and authorities so given to him for enforcing the provisions of this Act. |
| 36. |
Search-warrants may be granted.
Any Justice of the Peace, upon information on oath that there is probable cause to suspect any breach of the provisions of this Act to have been committed anywhere, may, by warrant under his hand and seal, authorise and empower by name any officer appointed under this Act, or any constable, to enter any dwellinghouse or premises for the purpose of detecting such offence. And the person so authorised may, at any hour between sunrise and sunset, enter into and search any house, shop, store, tent, or other premises, and go on board of any boat, and search for, seize, and take away any such gear, tackle, or apparatus. |
| 37. | Penalty for obstructing officers. Every person who assaults, resists, or obstructs any officer in the execution of any of the powers conferred on him by this Act is liable for every such offence to a penalty not exceeding ten pounds. |
| 38. | Penalty in cases not provided for. Every person who fails or neglects to observe all or any of the provisions of this Act, or does or commits anything contrary to the true intent or plain meaning thereof, is liable, for every such offence, if no other penalty is provided, to a penalty not exceeding twenty pounds. |
| 39. | On second conviction license to be forfeited. Every person who is convicted of a second or subsequent offence against the provisions of this Act shall forfeit any license or permission he may have obtained under the authority of this Act, and shall be incapable of holding any such license or permission for the period of three years. |
| 40. | Penaltyfor removing boundary-marks. Every person who, without lawful authority, removes, takes away, or has in possession any post, stone, buoy, or other mark defining the limits of any oyster-bed, or removes, destroys, displaces, or alters the position thereof respectively, whether such mark page 11 be on shore or in any tidal waters, is guilty of a misdemeanour, and liable to imprisonment with hard labour for any period not exceeding two years, and, if a licensee under this Act, shall forfeit his license, and be incapable of again becoming a licensee under this Act. |