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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Preliminary

Preliminary.

3.Interpretation. In this Act, unless the context otherwise requires,—
  • Schedule A. "Clean certificate" means the certificate specified in Schedule A to this Act to be granted by an Inspector for, and in respect of, sheep which he shall be satisfied are not "infected sheep" within the meaning of this Act:
  • "Clean district" means any district which has been so declared by the Governor:
  • "Crown lands" include all lands enumerated in the definition of Crown lands in "The Land Act, 1885:"
  • "Destroy" means to kill, and bury at a depth of not less than two feet under the ground, or consume by fire, or boil down:
  • "Dipped" and "dip" in respect of lice in sheep means plunged or immersed in some effective lice-destroying preparation:
  • "Dipped" and "dip" in all other cases means plunged or immersed in some effective scab-destroying preparation:
  • "District" means a district defined by the Governor under this Act:
  • "Dressed" and "dressing" in respect of lice in sheep means having applied to any sheep any reputed lice-destroying preparation:page 3
  • "Dressed" and "dressing" in all other cases means having applied to any sheep any reputed scab-destroying preparation:
  • "Driven" means driven, or carried, or removed, or conducted in any manner whatsoever:
  • "Flock" means any sheep shepherded or running in one flock, and any sheep within the bounds of one paddock, or enclosure, or run used for one flock:
  • "Herded" means constautly followed and kept in sight:
  • "Highway" means any road in ordinary public use:
  • "Infected district" means any district in which there are any infected sheep, or which has been declared by the Governor to be an infected district:
  • "Infected run" means any run on which there are, or have been within three months, any infected sheep:
  • "Infected sheep" mean—
    (1.)Any sheep infected with scab or catarrh;
    (2.)Any sheep forming part of a flock in which there are any one or more sheep so infected;
    (3.)Any sheep which have within three months been mixed with any sheep so infected;
    (4.)Any sheep being depastured on the same ground or run as any infected sheep;
    (5.)Any sheep on board any vessel or boat, or in any yard, enclosure, carriage, or truck, in which there are any infected sheep;
    (6.)Any sheep on board any vessel or boat, or in any yard, enclosure, carriage, or truck, in which there has been within three months any infected sheep, unless such yard, carriage, or truck has, in the meantime, been effectually scoured with some scab-destroying preparation;
    (7.)All sheep which have been infected, until a clean certificate is granted for the same;
    (8.)Any sheep which, having been infected within six months, are dipped or dressed shall be deemed infected for three months after such dipping or dressing, unless, immediately previous to such dipping or dressing, such sheep have been examined by an Inspector and a clean certificate granted for the same:
  • "Inspector" means any Chief Inspector or any Inspector of Stock appointed under this Act; and, in case Inspectors are appointed for particular districts and subdivisions of districts respectively, the terms "Chief Inspector" and "Inspector" shall, as to all sheep within any such district or subdivision, and as to all notices, penalties, and other matters with reference to such sheep and the owners thereof, mean respectively the Chief Inspector for such district and Inspector for such subdivision:
  • "License" includes "lease," and "licensee" includes "lessee:"
  • "Minister" means any member of the Executive Council for the time being having charge of the administration of this Act;page 4
  • "Notice" means a notice in writing delivered in manner following, that is to say, by delivering the same personally, or by leaving the same at, or posting the same addressed to, the office or address of any Inspector, or at or to the usual or last known place of abode in New Zealand of any sheepowner or other person, or by affixing such notice at the homestead or other conspicuous place on the run of such sheepowner or person:
  • "Occupier" means any owner or other adult person who may be in charge or possession of any premises as herein defined:
  • "Personal notice" means a notice in writing personally served upon the occupier of a run, or left with some adult inmate of the principal homestead on such run, or (if no such inmate can be found) affixed to some conspicuous part of such homestead:
  • "Premises" means any station, run, paddock, farmyard, stockyard, shearing-shed, dipping-place, stable, shed, building, or place where sheep are depastured, kept, or housed:
  • "Public notification," "public notice," "publicly to notify," respectively mean the insertion of a notice in one or more newspapers having general circulation in the particular place affected by the matter contained in such notification or notice:
  • "Run" means any sheep-station or adjoining sheep-station, or farm or adjoining farm or farms, or other land being under one management and managed from one homestead:
  • "Sheepowner," "owner of sheep," "owner," respectively mean every person claiming jointly or in severalty (other than a mortgagee not in possession) any right, title, or interest in any sheep, and shall include the person having the charge, control, or management of sheep:
  • "Sheep," unless otherwise specially provided, includes all sheep of any age and of either sex:
  • "Stray sheep" means sheep not being in the immediate keeping of any person, and being upon any highway, or upon land not in the occupation of the owner of such sheep, nor on which he shall have the right of pasturage:
  • "Subdivision" means any subdivision of a district established under this Act.
4. Governor may declare diseases affecting sheep.

The Governor in Council may from time to time declare what diseases other than the diseases mentioned in this Act shall be considered diseases to which sheep are subject and liable, and may declare this Act to have operation in the whole or any part of the colony in respect to sheep infected or liable to be infected with any such disease; and may also from time to time make, alter, or revoke regulations in respect to such diseases, so as to adapt the provisions of this Act to the purpose of eradicating or preventing the spread of such diseases.

All such regulations, upon being gazetted, shall have the force of law as if expressed in this Act.

page 5
5.The Governor in Council may from time to time make,Governor may make regulations, &c. amend, and abolish rules and regulations for the instruction and guidance of all officers appointed under this Act, and for the general management of offices, and may fix the fees that shall be payable to any person in respect of any duty performed by such person under this Act, and as to all other matters of detail for carrying this Act into full effect, so far as the same are consistent herewith and are not herein provided for by express enactment; and such regulations, upon being gazetted, shall have the force of law as if expressed in this Act.
6.The Governor, by Proclamation in the Gazette, may fromDistricts and subdivisions. time to time, as he shall think fit, divide the colony into districts for the purposes of this Act, and may also part any district into subdivisions. To each such district and subdivision there shall, in the Proclamation defining it, be attached such name as the Governor shall think fit, and by which name it shall thereafter be known. Every such district and subdivision may from time to time in like manner be altered or constituted anew, in such manner as the Governor may think fit.
7.
The Governor shall, by notice in the Gazette, from time toGovernor to declare infected and clean districts. time declare which districts are infected districts and which are clean districts, and may by a like notice revoke or renew any such declaration; and every such notice, until revoked, shall be conclusive evidence that the district or districts named therein as infected or clean respectively is or are infected districts or clean districts as the case may be.
If any run is intersected by any district or subdivisionRuns on borders of different districts. boundary, the Governor shall determine in what district or subdivision respectively such run shall be included; and the Governor's decision shall take effect on and after the day of the publication thereof in the Gazette, in the same manner as if the said decision had been originally proclaimed at the time when the districts and subdivisions respectively were established.
8.
All appointments heretofore duly made, and all districts andFormer appointments, districts, and regulations validated. subdivisions in existence at the commencement of this Act, and all rules, regulations, and tables of fees relating to any matters affected by this Act in force in any part of the colony at the time this Act takes effect, and which shall not be inconsistent with the express provisions of this Act, shall be deemed to have been duly made, constituted, and fixed under this Act, and shall continue in force until the same shall be revoked under the authority hereof.

All Inspectors and Sub-Inspectors of Sheep holding office at the commencement of this Act shall continue in such offices as Chief Inspectors and Inspectors of Stock respectively under this Act without further appointment, subject, however, to all powers of the Governor to remove any such officers.