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

Author: General Assembly of New Zealand

Publication details: George Didsbury, 1892

Part of: He reo ture nō te Whare Paremata / Statutory language

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

Procedure

Procedure.

41.	Any offence committed under this Act on the sea-coast, or Offences committed on sea-coast, where to be tried.at sea within three miles from any part of the coast, shall be deemed to be committed in waters of the colony; and, if beyond the ordinary jurisdiction of any Court of summary jurisdiction, shall be deemed either to have been committed on the land abutting on such sea-coast or adjoining such sea, or to have been committed in any place where the offender is found.
42.	All prosecutions and proceedings under this Act may be Proceedings to be in name of Minister or nominated officer.in the name of the Minister, or of any Collector, or of any Inspector, or of any officer of police, or any fishery officer under this Act, and may be brought in any district wherein an offence is committed or an offender is found. In any such prosecution or proceeding it shall be sufficient to set forth the offence in the words of this Act.
43.	Any person found in possession of any oysters during any Onus of proof for having oysters in close season.close season, or any part or portion thereof, shall be deemed to have obtained the same in violation of this Act, except only upon legal proof to the contrary, which proof shall devolve wholly upon the person accused.
44.	Every conviction or order under this Act shall be a full and Proceedings to bar other proceedings.effectual release from all further or other proceedings, whether civil or criminal, for the same cause, and shall and may be pleaded in bar of such proceedings.
45.	No proceeding under this Act shall be removed into the No certiorari.Supreme Court by certiorari.
46.	All offences under this Act, where not otherwise provided Recovery of penalties.for, may be heard and determined, and all fines and penalties may be recovered, in a summary way, before a Resident Magistrate or any two or more Justices of the Peace, in manner provided in "The Justices of the Peace Act, 1882," and when recovered shall be paid into the Public Account and form part of the Consolidated Fund.
47.	All fees received under this Act in respect of any ordinary Fees to be paid to local authority in whom foreshore is vested, otherwise to Public Account.license or permissive license for an oyster-bed shall be handed to the local authority in which is vested that part of the foreshore upon which the fishery is situate or abuts, and shall form part of the fund of such authority, or, if the said part of the foreshore is vested in Her Majesty, shall be handed to the Treasurer of the local authority within which the said part of the foreshore is situate, and form part of the fund of such local authority. The provisions of this section shall be sufficient authority to the Colonial Treasurer for the issue and payment of any fees to the Treasurer of any local authority, as herein directed, without any further appropriation thereof respectively. All other fees shall be paid into the Public Account and form part of the Consolidated Fund.
48.	The Minister may direct, in any case of conviction for an Rewards to informers.offence under this Act, that any portion of the penalty not exceed-page 12ing a moiety thereof shall be granted to or distributed amongst the persons giving any information that procured the conviction, or who procured or assisted in procuring such conviction.