The Short Title of this Act is “The Sea - fisheries Act, 1894.”

Nothing contained in this Act shall apply to—

Any person using a landing-net to secure fish caught with a rod and line, nor to any person using a hand shrimp-net; nor to

Any person, with the written permission of the Collector or other person duly authorised by the Minister to grant such permission, taking fish or ova, or oysters or oyster-brood, for the bonâ fide purpose of ascertaining and verifying the existence or increase of such fish or oysters, or of removing them to stock other waters; nor to

Any nets, dredges, tackle, or boats used, or fish or oysters taken, by such person; nor to

Any person who, having unintentionally taken any fish or oysters contrary to the provisions of this Act, shall immeately return the same, with as little injury as possible, to the water.

In this Act, if not inconsistent with the context,—

The general administration of this Act shall be under the control and direction of the Minister.

The Governor in Council may from time to time make regulations, which shall have general force and effect throughout the colony, or particular force and effect only in any waters or places specified therein, for any of the purposes following, that is to say:—

Generally regulating the sea-fishing of the colony:

Providing for carrying out, enforcing, and giving effect to the registry of boats employed in oyster-fisheries; and prescribing any system of registry, or lettering and numbering of boats, or distinguishing flags to be carried by boats, and the sails, nets, or other gear belonging to them and used in fishing:

Defining the boats or classes of boats to which any regulations are to apply, and providing for the exemption of any boats or classes of boats from such regulations or any of them:

Prescribing conditions and restrictions for the regulation of fishing, and the taking of fish, oysters, or seals respectively, and for marking the situation and boundaries of oyster-beds and any subdivisions thereof:

Providing for the licensing of persons and boats engaged in taking oysters, appointing a uniform date at which such licenses shall expire, and the terms and conditions to which any of such licenses shall be subject, the cancellation of licenses, and for restraining persons from taking oysters who are not licensed:

Preserving good order among the persons engaged in fishing:

Regulating the relative powers and duties of all officers appointed under this Act:

In respect of all or any species of fish, oysters, or seals respectively,—

Prohibiting the buying, selling, exposing for sale, consigning for sale, buying for sale, or having in possession any fish, oyster, or seal, or any skins, oil, or blubber from any seal, in any manner in contravention of this Act:

Prescribing the minimum size or weight of any fish, oyster, or seal that may be taken:

Limiting the size, when wet, of the mesh in the square, or in extension from knot to knot, of nets and seines to be used in fishing, or altogether prohibiting the use of nets of any sort:

Fixing the time or times during which dredging shall be prohibited, or prohibiting the use of any particular engines, tackle, or apparatus for taking any fish or oysters:

Reserving from public use any natural oyster-beds, so as to prevent their destruction:

Prohibiting altogether, for such period as he shall think fit, the taking of any fish, oysters, or seals:

Setting apart any tidal waters for the natural or artificial propagation of fish, oysters, or seals:

Excluding any part of the colony from the operation of this Act or any portion of this Act.

The Governor may, by such regulations, impose any penalty, in cases where no penalty is provided in this Act, not exceeding five hundred pounds, if the breach be of any regulation respecting seals, and not exceeding one hundred pounds in other cases, and may also appoint the minimum penalty for the breach of any such regulations; and all such regulations shall be gazetted.

It shall be the duty of the Collectors and Inspectors respectively within the colony to see that the provisions of this Act are duly carried into effect, and for that purpose they severally shall have and may exercise all the powers granted by this Act in that behalf.

The Governor may from time to time appoint any persons to be Inspectors of Sea-fishing under this Act, and may appoint and remove such assistants to the Collectors, and such other officers, servants, and other persons as may appear to him to be necessary for the effective administration of this Act, all of whom shall, as well as the Collectors and Inspectors aforesaid, be deemed to be Fishery Officers appointed under this Act.

There shall be levied, collected, and paid to Her Majesty at the Customs, in manner as provided in “The Customs Laws Consolidation Act, 1882,” upon oysters in their natural state in the shell, previous to their exportation from New Zealand, a duty at such rate not exceeding one shilling the hundredweight as the Governor by Order in Council may prescribe from time to time.

Every sea-fishing boat shall be licensed, and for that purpose every such boat which is not of tonnage sufficient to require entry on the register under any Act relating to the registry of British ships shall be entered in a register for sea-fishing boats by the Collector at the port of the place to which such boat belongs, or at the port nearest to such place; but entry on such register shall not confer, take away, or affect any title or interest in any sea-fishing boat.

If any boat required to be licensed and registered under this Act, and not being so licensed and registered, is used as a sea-fishing boat for the taking of any oysters, the owner and master of such boat are each liable to a penalty not exceeding twenty pounds; and any fishery officer may seize and detain such boat and prevent it from oyster-fishing until it is duly licensed and registered.

The master of every boat engaged in the taking of oysters shall have on board his boat the license issued under this Act in respect of such boat; and if he acts in contravention of this section, unless there is reasonable cause for not having such license on board (the proof whereof shall lie on him), be is liable to a penalty not exceeding twenty pounds for every such offence.

In all proceedings against the owner or master of, or any person belonging to, any boat registered or entered in the register for boats engaged in the taking of oysters for offences against this Act, and in all actions and suits for the recovery of damages for injury done by any such boat, such register, or the register under any Act relating to the registry of British ships, as to boats registered therein, shall be conclusive evidence that the persons registered at any date as owners of such boat were at that date owners thereof, and that the boat is engaged in the taking of oysters within the meaning of this Act.

Any Collector or Inspector, and any person appointed as aforesaid, is hereby empowered, for the enforcement of the provisions of this Act, to exercise the powers and authorities of a constable, and may exercise the following powers:—

He may at all times and seasons, without any let or hindrance whatsoever, enter any boat engaged in fishing;

May require the owner, master, and crew of any such boat to produce the license for the boat, and may take copies thereof or any part thereof; and

May require the master to give any explanation concerning his boat and her crew, and any person on board his boat, and the said license; and

May examine all standing, floating, or other nets, and all dredges, engines, and instruments whatsoever, and seize all illegal nets, dredges, engines, instruments, and devices whatsoever, and all and every other nets, dredges, engines, and instruments whatsoever when used illegally; and

May do all such other acts and things as he is required to do by such regulations as aforesaid.

The production of his instrument of appointment, or a copy of the Gazette notifying such appointment, shall be sufficient warrant for any such person so acting in any of the cases aforesaid.

The Governor, by Order in Council, gazetted, from time to time may declare that in any part or parts of the colony any species of fish, oysters, or seals shall be protected and come under the operation of such of the provisions of this Act as may be specified in such Order in Council, and may from time to time revoke, alter, and amend any such order.

The Governor may from time to time set apart, either within or outside of any harbour, any bay or bays frequented by fish for the purpose of propagation, and prohibit the use of nets of any kind in any such bays during such time as he shall think fit.

All nets containing fish shall be emptied in the water; and every person who drags or draws on to the dry land any such net is liable for every such offence to a penalty not exceeding twenty pounds.

The Governor from time to time may declare any bay, estuary, or tidal waters in the colony to be an oyster-fishery under this Act, and may part the same into subdivisions by distinguishing marks, and prescribe the subdivisions thereof wherein it shall be lawful and unlawful respectively to take oysters.

All such oyster-beds and the subdivisions thereof shall be marked out, as far as may be, as provided in section twenty-six in respect of artificial oyster-beds, in such manner as may be prescribed.

The Governor may from time to time make regulations for granting licenses for the right of taking oysters, either from the bed of the sea or from lands below high-water mark which may be declared open as an oyster-fishery, for any period not exceeding one year, on payment for the same of an annual fee of ten shillings.

The Governor may, by Order in Council, from time to time declare any bay, or portion of a bay, estuary, or tidal waters in the colony in the vicinity of any Native pa or village to be an oyster-fishery where Natives exclusively may take oysters for their own food at all times, irrespective of any of the provisions of this Act, and may from time to time revoke the same; and may prescribe regulations for preventing the sale by Natives of any oysters from such beds, and for protecting any such bay, estuary, or tidal waters from trespassers, and the oysters therein from destruction.

Whenever any person shall, after the passing of this Act, have discovered on or near the coast of New Zealand a natural oyster-bed, he may apply to the Collector at the port nearest to the place on or near the coast where such natural oyster-bed shall be for the issue to him of an exclusive license for the use of such oyster-bed or any part thereof, as hereinafter provided; and the Minister may declare such oyster-bed to be closed for a period not exceeding six months, or until such person’s claim has been settled.

Any person desiring to obtain any such exclusive license as aforesaid shall publish in some newspaper circulating at such port a notice of such application, and shall in such notice describe the oyster-bed with reasonable certainty, and such notice shall be repeated once in each week during four consecutive weeks.

Any person wishing to oppose the issue of any exclusive license to the applicant shall give notice in writing of his intention so to do to such Collector within one month of the first publication of such notice.

Upon receiving notice of the intention to oppose the grant of any exclusive license, the said Collector, or some person appointed by him by writing under his hand, shall hold an inquiry concerning the expediency of issuing such exclusive license. The Collector or person holding such inquiry shall have power to administer an oath.

The Collector, or person holding any such inquiry as aforesaid, shall report to the Minister whether, in his opinion, such exclusive license ought to be granted to the applicant, and for what term, if any, and shall state the facts on which he grounds his opinion.

If no notice of intention to oppose the issue of any exclusive license is received before the expiration of one month from the day of publishing the first advertisement of notice of such application as aforesaid, the Collector, or some person appointed by him by writing under his hand, shall inquire concerning the due publication of such notice as aforesaid, and the expediency of issuing such exclusive license.

The Minister, on receiving the report of the Collector on any application for an exclusive license as aforesaid, may issue to the applicant an exclusive license to use the oyster-bed referred to in the application, or any part thereof, for such period, not exceeding three years from the date of such license, as, having regard to the said report, he shall think fit.

When any exclusive license is granted, notice thereof shall be given by the licensee in like manner as in the last-preceding section mentioned in respect to the application for such license.

The Governor may from time to time make regulations for granting licenses for the exclusive right of taking oysters, either from the bed of the sea or from lands below high-water mark, for any period not exceeding fourteen years. Every such exclusive license shall be sold by public tender or auction, and no one license shall comprise an area exceeding five acres of oyster-beds situated below high-water mark, nor a frontage of more than one hundred and ten yards on the foreshore, or between the limits of high and low water.

If at any time during the currency of any exclusive license as aforesaid any Collector shall certify under his hand to the Minister that the holder thereof, or any person by his direction or permission, is not properly cultivating the oyster-fishery within the limits of such license, or is managing or using the oyster-fishery in such manner that the same is likely to be exhausted or greatly reduced in value, the Governor, on the recommendation of the Minister, may, by public notice gazetted, cancel and revoke such license; and the licensee shall not be entitled to claim or receive any compensation in respect of any such cancellation or revocation, or of any expenses he may have incurred in acting or with a view to act under such license.

On the gazetting of such public notice, the license affected thereby, and all rights and privileges acquired thereunder, shall absolutely cease and determine; and all the provisions of this Act shall cease to operate in relation to such license as an exclusive oyster-fishery or otherwise.

The occupier of any lands bordering on the sea or any estuary, or any person with the consent of such occupier, may apply to the Collector at the nearest port or place for a permissive license to form or plant any artificial oyster-bed on or near the shore adjacent to such lands; and the Minister, on the report of the said Collector upon any such application, may grant such license to the applicant upon such conditions and upon payment of such rent as he may think fit.

Any person who shall obtain from the Minister, in the same manner, a permissive license for the purpose, may form or plant any artificial oyster-bed on or near the shore adjacent to any Crown lands bordering on or near the sea or any estuary.

The person forming or planting any such artificial oyster-bed under such license as aforesaid, his executors, administrators, and assigns, shall hold the same for such period not exceeding twenty-one years as the Minister may think fit, as tenant thereof, and at the expiration of the said term the licensee may, subject to the approval of the Minister, obtain a renewal of his license for such further term not exceeding twenty-one years, and at such rental, as shall be decided by the Minister.

But the forming and planting of such artificial oyster-beds as aforesaid shall not give any exclusive right or title to the occupation of the said shore or sea-ground except for the purpose aforesaid, or prevent the full and free exercise and enjoyment of any right whatsoever in or along the said shore or sea-ground, subject to the provisions of this Act.

The Governor may from time to time, by an order in writing under his hand, revoke any license granted under section twenty-three if it is made to appear to him that the holder of such license, or his assigns, has not, within the period of three years from the date of such license, taken steps proper, in the Governor’s opinion, to form and plant the oyster-bed in such license mentioned; and thereupon all the rights and privileges created by such license shall cease and determine. But the Governor shall, previously to the making of such order, cause notice in writing of his intention to make the said order to be served upon the person for the time being entitled to such license, or, if he cannot be found, shall cause the said notice to be published in the Gazette in each of two consecutive weeks; and no such order shall be made until after the expiration of one month from the service of such notice, or from the date of the last of such notices in the Gazette.

The occupier of every artificial oyster-bed, and of every natural oyster-bed whereof any person or persons shall have the exclusive license, shall respectively set up on some convenient part of the adjacent shore, not being private property, distinguishing posts or marks, to be approved by the Collector at the nearest port, by which the boundaries of such oyster-bed may be sufficiently indicated.

Where any such oyster-bed cannot be conveniently marked by posts or otherwise on the shore, the same may be indicated by buoys or other floating marks, approved as aforesaid.

Every exclusive and permissive license granted under this Act—

Shall continue in force for such time and be subject to such conditions and restrictions, and the payment of such fees, and in such manner, as shall be prescribed therein;

Shall set forth the limits and boundaries as nearly as practicable of the area to which the same extends, and by a reference to a map or otherwise define the position of such area;

Shall be granted only with the consent of the Minister, or of the local authority, if any, in whom is vested any part of the foreshore affected thereby;

Shall be subject to a condition that any part of the area affected thereby may, at any time after not less than three months’ notice, be resumed, if needed for the purpose of constructing any public works on such area, without the licensee being entitled to claim any compensation in respect of such resumption.

Any Collector or Inspector, with the sanction of the Minister, may, by writing under his hand, authorise any person to be named in such writing to take oysters and oyster-brood from natural oyster-beds for the purpose of supplying and replenishing any artificial oyster-bed in his occupation, if seven days’ notice of the purpose of taking such oysters or oyster-brood is published in a newspaper circulating in the neighbourhood, stating the places from and to which respectively the said oysters are to be taken.

The holder or holders of any exclusive license for an oyster-fishery, or their assigns, their agents, servants, and workmen, may, with the sanction of the Collector, at any season dredge for and take oysters from any unleased natural public oyster-bed for the purpose of supplying or replenishing therewith any oyster-bed held or made, or in course of being made, under any such lease or license, and may apply the oysters so taken accordingly.

Any person who applies or uses, and any lessee or licensee who knowingly authorises or permits to be applied or used, otherwise than in manner authorised by this section, any oysters so taken, is liable to all the like penalties and consequences to which he would have been liable if this section had not been passed.

Every licensee as aforesaid shall have, by virtue of his license, within the limits of the fishery, the exclusive right of depositing, propagating, dredging, fishing for, and taking oysters; and in the exercise of that right may, within the limits of the exclusive fishery, make and maintain oyster-beds, and (notwithstanding anything contained in this or any other Act) at any season collect oysters and remove the same from place to place, and deposit the same as and where he thinks fit, and do all other things which he may think proper for obtaining, storing, and disposing of the produce of the fishery.

All oysters being in or on any oyster-bed held under any exclusive license as aforesaid shall be the absolute property of the licensee; and in all Courts and tor all purposes, civil, criminal, or other, shall be deemed to be in the actual possession of the licensee.

Every person other than the licensees, or their respective assigns, agents, servants, and workmen, who, within the limits of any exclusive oyster-fishery, knowingly does any of the following things:—

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

Dredges for any ballast or other substance, except under a lawful authority for improving the navigation; or

Deposits any stone, ballast, rubbish, or other substance; or

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

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

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 sustained.

Every person who wilfully damages, interferes with, or removes oysters from any artificial oyster-bed, or from any natural oyster-bed during the currency of any exclusive license thereof, without the consent of the occupier of such bed, is liable to a penalty of not less than twenty shillings nor more than fifty pounds, and, in addition to such penalty, to pay to the party aggrieved such sum of money, not exceeding fifty pounds, as shall appear to the Justices before whom such person shall be convicted to be a reasonable compensation for the damage and injury done.

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.

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.

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, return 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.

Every person who obstructs, binders, or prevents any person from lawfully taking oysters from any oyster-bed is liable for every such offence to a penalty of not less than twenty shillings nor more than twenty pounds.

Nothing in this section shall be deemed to protect such first-mentioned person from any other punishment to which he may have rendered himself liable by any offence against this section.

The portion of the sea-shore to which any license as aforesaid relates (as far as it is not by law within the boundary of any borough or county) shall, for all purposes of jurisdiction, be deemed to be within the boundary of the adjoining borough or county, or to be within the boundary of each of the adjoining boroughs or counties, or boroughs and counties if more than one.

For the purposes of this Act the Governor may from time to time, with respect to any exclusive fishery, and by any Fishery Officer or otherwise, make such inquiries and examinations, and require from any lessee or licensee such information, as he may think necessary and proper; and every licensee shall afford all facilities for such inquiries and examinations, and give such information accordingly.

The Governor may from time to time, upon the recommendation 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.

Nothing in this Act contained shall be deemed to make it necessary for any person who, by express words in a grant, lease, or license from the Crown, is seised of or entitled to the soil of and in any part of the sea-shore to obtain any permission under this Act to form oyster-beds on such parts of the shore.

The Governor in Council may from time to time make regulations, not inconsistent with this Act, for the following purposes:—

Setting out or describing the limits or parts of the colony, being lands of the Crown not otherwise alienated or disposed of, including any lands below high-water mark, in respect of which licenses may be issued conferring the right of taking seals:

Providing that such licenses shall be disposed of by public auction or tender, and be issued for such terms or periods as shall be prescribed by the regulations, not exceeding in any case fourteen years; and also providing for the renewal of any such licenses upon a valuation to be made for a further period not exceeding seven years:

Prescribing the form of such licenses, the fee or royalty to be paid for each seal taken, and generally the terms, conditions, and restrictions upon which the same shall be issued:

Prescribing any security to be given by the licensee for the due performance of the terms and conditions of his license:

Providing for the sale or other disposal of anything forfeited to Her Majesty under the provisions of this Act.

Every person holding any license granted as last aforesaid shall, in addition to any security given under this Act or provided for in the license, be liable to a penalty not exceeding one hundred pounds for default in carrying out and observing the terms, conditions, and restrictions therein mentioned or referred to.

Every license granted for the taking or killing of seals, under the authority of this Act or any regulations made thereunder, shall empower the licensee to hold, use, and occupy such land of the Crown available for occupation as may from time to time be authorised by the Minister, and as may be necessary for the erection of dwelling-houses or other buildings or works to carry on the business of taking and killing seals.

Every person who, without the authority of the holder of a license granted as aforesaid, takes any seal within the limits comprised in any such license is liable to a penalty not exceeding one hundred pounds for every seal so taken.

Every person who, during any close season for any species of fish or oysters, takes any fish or oysters of such species, is liable for every such offence to a penalty not exceeding twenty pounds nor less than twenty shillings.

Every person who, during any close season for seals, takes any seals, is liable for every such offence to a penalty not exceeding five hundred pounds, and in addition thereto is liable to a further penalty not exceeding twenty pounds in respect of each seal so taken.

Every person who buys, sells, exposes for sale, consigns for sale, buys for sale, or has in possession, any fish, or oysters, or any seals, taken in contravention of this Act, or any skins or oil or blubber from any seals taken as aforesaid, is liable for each offence to a penalty not exceeding twenty pounds.

Every person is guilty of an offence under this section who buys, sells, exposes for sale, or has in possession any fish taken beyond the limits of the waters of the colony, as herein defined, if it would be a taking in contravention of this Act had the aforesaid fish been taken within the limits of the aforesaid waters.

But a person shall not be guilty of an offence under this section if he satisfies the Court that the fish or 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 fish or oysters within the first fourteen days of any close season for such fish or oysters, if he satisfies the Court that the fish or oysters alleged to have been consigned for sale were actually taken before the commencement of the said close season.

Any penalties imposed by this Act for taking, buying, selling, exposing for sale, consigning for sale, buying for sale, or having in possession any fish or oysters, or any seals, during any close season for the same respectively, applies to such season however the same may be varied or extended.

Every person who uses dynamite or other explosive substance to catch or destroy fish or whales in any tidal waters of the colony is liable, on summary conviction, either to a fine not exceeding twenty pounds, or, in the discretion of the Court or Justices, to be imprisoned with or without hard labour for a term not exceeding two months. The onus of proving that such dynamite or explosive substance was not used for the purpose of catching or destroying fish or whales shall lie upon the accused.

In all cases where an offence against this Act is a continuous offence, the penalty therefor may, in addition to any other penalty imposed by this Act, be any sum not exceeding five pounds for every day during which such offence continues after the first.

Any Collector, Inspector, or any officer appointed under this Act, or any constable, with or without warrant, may seize any net, gear, tackle, or apparatus which any person found offending against this Act may be using; and may also, with or without warrant, apprehend any person whose name and address are unknown to him and who is found offending against this Act.

If the officer or person in charge of the lock-up or policestation 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 such person fail to appear at the place and time notified by the officer or person taking the same; and such recognisance may be taken and acknowledged before a Justice of the Peace.

All fish, oysters, or seals unlawfully taken, or exposed for sale, consigned for sale, or bought for sale, and any skins, oil, or blubber from seals taken as aforesaid, and the baskets or other receptacles thereof, and also all vessels, boats, fixed engines, nets, gear, tackle, or other apparatus used in any unlawful fishing or taking of oysters or seals, whether found on shore or in the possession of the persons taking the same, or any other person whomsoever, or in any vessel or boat, shall be forfeited, and shall be disposed of as the Minister may think fit.

Any Justice of the Peace, upon information on oath that there is probable cause to suspect any offence against this Act to have been committed anywhere, may, by warrant under his hand, authorise and empower by name any officer appointed under this Act, or any constable, to enter any dwelling-house 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 vessel or boat, and search for, seize, and take away any such net, gear, tackle, or apparatus as aforesaid.

Any vessel or boat, the crew of which, or any part of the crew of which, are engaged in illegally taking seals, and any vessel or boat on board of which any seal so illegally taken, or the skin, oil, blubber, or other product of a seal so illegally taken, is found, shall, together with the boats, furniture, and appurtenances of such vessel or boat, be forfeited to Her Majesty, and shall be disposed of as the Minister may think fit.

The officer in command of any vessel in Her Majesty’s Navy, or any officer of Customs, or the master or other person in command of any vessel belonging to Her Majesty in the colony, or which may be in the employ of the Government of the colony, may, either with or without sailors, marines, or police-officers, or such other persons as he may think fit to employ, enter upon, take, and seize any vessel so liable to be forfeited as aforesaid, if found within the jurisdiction of the Government of the Colony of New Zealand.

Every such officer, master, or person in command as aforesaid, or any officer of Customs, shall, with or without sailors, marines, or police-officers, or such other persons as he may think fit to employ, have power, at any time and from time to time, to enter upon and search any vessel within the jurisdiction of the Government of the Colony of New Zealand for any seal, or the product of any seal; and every person who refuses to allow such search to be made, or obstructs or impedes any such search, is liable, on summary conviction, for the first offence to be imprisoned and kept to hard labour for any term not less than three nor more than six months, and for the second or any subsequent offence to any terra not less than six nor more than twelve months.

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.

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.

Every person who fails or neglects to observe any of the provisions of this Act, or does or commits anything contrary to the true intent or plain meaning thereof, is liable, tor every such offence, if no other penalty is provided, to a penalty not exceeding twenty pounds.

Every person who is convicted of a second or subsequent offence against this Act shall, in addition to any other penalty, 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.

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 be on shore or in any tidal waters, is 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.

Any offence against this Act committed on the sea-coast, or 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.

All prosecutions and proceedings under this Act may be 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.

Any person found in possession of any fresh fish, or oysters, or of any seals, or of any sealskins, oil, blubber, or other unmanufactured product of any seal, during any close season, or of any part thereof, shall be deemed to have obtained the same during such close season until the contrary be proved by him.

Every conviction or order under this Act shall be a full release from all further or other proceedings, whether civil or criminal, for the same cause, and may be pleaded in bar of such proceedings.

No proceeding under this Act shall be removed into the Supreme Court by certiorari.

Only a Stipendiary Magistrate shall have jurisdiction in respect of any offence under this Act which entails a fine or penalty exceeding fifty pounds in amount.

All fines and penalties under this Act when recovered shall be paid into the Public Account and form part of the Consolidated Fund.

All fees received under this Act in respect of any license shall be handed to the local authority within whose district is situate that part of the foreshore upon which the fishery is situate or abuts, and shall form part of the fund of such authority, whether such foreshore be vested in Her Majesty or in such authority.

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 without any further appropriation.

All other fees shall be paid into the Public Account and form part of the Consolidated Fund.

The Minister may direct, in any case of conviction for an offence against this Act, that any portion of the penalty not exceeding a moiety thereof shall be granted to or distributed amongst the persons who gave any information that procured the conviction, or who procured or assisted in procuring such conviction.

No action shall be brought against any Collector or officer appointed under this Act for anything done in pursuance of this Act unless such action be commenced within three months after the cause of action has arisen, nor unless notice in writing of such action and the cause thereof be given to the defendant one month at least before the commencement of the action; and the defendant may plead the general issue and give this Act and the special matter in evidence, and the plaintiff shall not recover in such action if tender of sufficient amends has been made before action brought, or if a sufficient sum of money has been paid into Court after action brought.

If a verdict is given for the defendant, or if the plaintiff is nonsuited or discontinues his action, or if judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and, though a verdict is given against the defendant, the plaintiff shall not have costs against the defendant unless the Judge who tries the case certifies his approbation of the action and of the verdict.

No aboriginal native of New Zealand, nor half-caste who shall be habitually living with the aboriginal natives according to their customs, shall be sued for any penalty, fine, or forfeiture under this Act, unless and until the authority of the Native Minister to take proceedings has been filed in the Court in which such proceedings are intended to be taken.

The aforesaid authority of the Native Minister may from time to time be signified by him to any person either generally or specifically, and shall be valid if signified by telegraph or telephone message.

The Acts enumerated below are hereby repealed to the extent therein mentioned, without prejudice, however, to any Proclamation, Order in Council, rule or regulation, or any appointment, notice, license, or other grant made thereunder respectively, and subsisting at the commencement of this Act:—