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

[22nd August, 1892

[22nd August, 1892.

Be It Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: —

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1.Short Title. The Short Title of this Act is "The Oyster Fisheries Act, 1892."
2.Persons, &c., exempted from Act Nothing contained in this Act shall apply to—
(1.) Any person, with the written permission of the Collector or other person duly authorised by the Minister to grant such permission, taking oysters or oyster-brood for the bonâ fide purpose of ascertaining and verifying the existence or increase of such oysters, or of removing them to stock other waters; nor to
(2.) Any dredges, tackle, or boats used, or oysters taken, by such person; nor to
(3.) Any person who, having unintentionally taken any oysters contrary to the provisions of this Act, shall immediately return the same, with as little injury as possible, to the water.
3. Interpretation.

In this Act, unless the context otherwise requires,—

"Collector" means a Collector of Customs, and includes Sub-Collector or other principal officer of Customs at any port:

"Close season" means the time during which it is declared unlawful to take any species of oysters, and applies to such season however the same may be varied or extended:

"Fishery officer" means and includes any officer appointed under section six of this Act:

"Inspector" means an Inspector appointed under this Act:

"Minister" means the Minister for the time being having the charge of the Marine Department, or other Minister from time to time appointed by the Governor to have charge of the administration of this Act:

"Oyster-brood" includes spat, cultch, or any small oysters less in circumference than five inches:

"Oysters" means and includes all kinds of oysters of any description, and all edible shell-fish that may be from time to time declared by the Governor to be oysters for the purposes of this Act:

"Prescribed" means prescribed by this Act or by regulations:

"Take" means and includes "kill," "catch," "dredge for," "raise," or "attempt to kill," "catch," "dredge for," or "raise:"

"Tidal lands" means such parts of the bed, shores, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring-tides:

"Tidal waters" means any part of the sea or of a river or creek which is within the ebb and flow of the tide at ordinary spring-tides:

"Use" includes "attempt to use" or "assist in the use of:"

"Waters" means all salt or brackish waters in the colony or on the coasts or bays or harbours thereof, or in any estuary or tidal river or creek, and includes the sea within one marine league of the coast of the colony.