Rabbit Nuisance Amendment Act 1953
Rabbit Nuisance Amendment Act 1953
Rabbit Nuisance Amendment Act 1953
Rabbit Nuisance Amendment Act 1953
Public Act |
1953 No 72 |
|
Date of assent |
26 November 1953 |
|
Contents
An Act to amend the Rabbit Nuisance Act 1928.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title.
This Act may be cited as the Rabbit Nuisance Amendment Act 1953, and shall be read together with and deemed part of the Rabbit Nuisance Act 1928 (hereinafter referred to as the principal Act).
2 Procedure on petition for constitution of district.
1947, No. 47
(1)
Section thirty of the principal Act is hereby amended by repealing subsection three a (as inserted by section twenty-six of the Rabbit Nuisance Amendment Act 1947), and substituting the following subsection:
“(3a)
The following provisions shall apply to every petition under this section, namely:
“(a)
The petition shall bear the date on which the first signature is affixed thereto:
“(b)
The signatures to the petition shall be verified by declaration in the following form: ‘I, A. B., of, hereby declare that the signatures initialled by me (or which I have marked [describing the mark]) on the foregoing petition were affixed in my presence by the persons whose signatures they purport to be.—A. B.’:
“(c)
It shall not be competent for any person to withdraw his signature from the petition after it has been received by the Minister on behalf of the Governor-General; and any act purporting to withdraw any such signature shall be null and void:
“(d)
The object and purport of the petition, and a statement of the intention to present it, shall be publicly notified at least one month before it is sent to the Minister for presentation to the Governor-General:
“(e)
No action on the petition shall be taken unless it is received by the Minister as aforesaid within twelve months after the date thereof.”
1947, No. 47
(2)
Section twenty-six of the Rabbit Nuisance Amendment Act 1947 is hereby consequentially repealed.
3 Additional members of Boards in certain cases.
The principal Act is hereby amended by inserting, after section thirty-seven, the following section:
“37a
“(1)
Notwithstanding anything in this Act, the Board of any rabbit district containing not less than two hundred thousand acres may by resolution determine that the number of elective members of the Board shall be increased to such number, not exceeding nine, as is specified in the resolution.
“(2)
On the passing of the resolution, the following provisions shall apply:
“(a)
The number of elective members of the Board shall, while the resolution continues in force, be deemed to be increased to the number specified in the resolution:
1953, No. 16
“(b)
For the purpose of filling for the first time the additional offices thereby created, those offices shall be deemed to be offices in which extraordinary vacancies have occurred pursuant to section fifty-six of this Act, and the provisions of this Act and of the Local Elections and Polls Act 1953 shall accordingly apply.
“(3)
The Board may at any time in like manner rescind any resolution under subsection one of this section, or may from time to time further vary the number of elective members by reducing or further increasing that number, but so that the number shall not in any case be less than the number fixed under section thirty-seven of this Act nor more than nine; and in any such case the following provisions shall apply:
“(a)
If the resolution is rescinded, or if the number of elective members is reduced, the rescission or reduction shall not take effect until the next general election of members of the Board, except to such extent as may be necessary for providing for the holding of that election:
“(b)
If the number of elective members is further increased, the provisions of subsection two of this section shall apply.
“(4)
A copy of every resolution under this section shall forthwith be forwarded to the Minister, who shall cause it to be published in the Gazette.”
4 Appointment of persons other than electors to fill vacancies where electors not available.
(1)
Section fifty of the principal Act is hereby amended by adding the following as subsection two thereof:
“(2)
Notwithstanding anything in this Act, any person who is not an elector may be appointed and hold office as a member of the Board under this section if the Governor-General is satisfied that no elector, or an insufficient number of electors, qualified for appointment is available and willing to accept office:
“Provided that the number of members appointed under this subsection shall not exceed half the number of elective members for the time being fixed for that Board.”
(2)
Section fifty-six of the principal Act is hereby amended by adding the following as subsection two thereof:
“(2)
Notwithstanding anything in this Act, where the vacancy is to be filled by appointment as aforesaid, any person who is not an elector may be appointed and hold office as a member of the Board under this section if the Governor-General is satisfied that no elector qualified for appointment is available and willing to accept office:
“Provided that the number of members appointed under this subsection shall not exceed half the number of elective members for the time being fixed for that Board.”
1947, No. 47
(3)
Section twenty-four of the Rabbit Nuisance Amendment Act 1947 is hereby amended by adding the following subsection:
“(3)
Notwithstanding anything in the principal Act, any person who is not an elector may be appointed and hold office as a member of the Board under this section if the Governor-General is satisfied that no elector, or an insufficient number of electors, qualified for appointment is available and willing to accept office:
“Provided that the number of members appointed under this subsection shall not exceed half the number of elective members for the time being fixed for that Board.”
5 Annual allowance to Chairman.
The principal Act is hereby further amended by inserting, after section fifty-eight, the following section:
“58a
“(1)
The Board may pay to the Chairman of the Board such annual allowance, not exceeding one hundred pounds, as may from time to time be fixed by the Board, but no alteration in the amount of that allowance shall take effect during the term of office of any Chairman.
“(2)
For the purposes of this section, a person reappointed as Chairman shall be deemed to be a new Chairman.”
6 Quorum.
The principal Act is hereby further amended by repealing section sixty, and substituting the following section:
“60
At all meetings of the Board a quorum shall consist of half the total number of members when that number is even, and a majority of the members when that number is odd.”
7 Increasing maximum general rate.
Section sixty-five of the principal Act is hereby amended as follows:
(a)
By omitting from subsection two the words “one penny for every sheep and fivepence for every head of cattle”
, and substituting the words “twopence for every sheep and tenpence for every head of cattle”
:
(b)
By omitting from subsection three the words “one penny”
, and substituting the word “twopence”
.
8 Power of Board to levy differential rates.
1952, No. 62
(1)
The principal Act is hereby amended by repealing section sixty-seven (as substituted by section two of the Rabbit Nuisance Amendment Act 1952), and substituting the following section:
“67
“(1)
The Board may levy any such rate on a graduated scale according to a classification made, under this section, of the land upon which the rate is to be levied.
“(2)
Before making a rate under this section in any year the Board shall, by resolution, classify all land in its district.
“(3)
In classifying the land in its district the Board shall have regard to the degree in which different pieces of land are affected by rabbits; and may have regard to—
“(a)
The degree of benefit derived or likely to be derived by any piece of land from the operations of the Board in destroying rabbits on that land or on any other land:
“(b)
The risks of infestation or reinfestation of any piece of land by rabbits from any other land:
“(c)
The extent to which steps have been taken by or on behalf of the ratepayer to reduce or control the number of rabbits on his land or the movement of rabbits to or from that land:
“(d)
Such other circumstances of whatsoever nature as the Board considers relevant.
“(4)
The rate shall be made and levied on each class of land in such proportions as the Board appoints.
“(5)
Every classification so made shall be set forth in a list to be sealed with the common seal of the Board. The classification list shall include a statement of the proportions in which the rate is to be imposed on the several classes of land to which the list relates.
“(6)
Upon the completion of the classification list the Board shall forthwith cause public notice to be given—
“(a)
That the classification list has been completed; and
“(b)
Of the proportions in which the rate is to be imposed on the several classes of land; and
“(c)
Of the place where and the period during which the classification list may be inspected,
and shall allow the classification list to be inspected at reasonable times at that place for a period of not less than twenty-one days.
“(7)
Any person aggrieved by the classification or by the fixing of the proportions specified therein may appeal against it on either or both of the following grounds, namely:
“(a)
That the land of the appellant, or any other land in the district, has not been fairly classified:
“(b)
That the proportion of the rate imposed on any class or classes of land is too great or too small.
“(8)
A notice of appeal setting out the grounds thereof shall, within seven days next after the expiration of the period of twenty-one days appointed for the inspection of the classification list, be filed in the Magistrate’s Court nearest to the public office of the Board by the person aggrieved, and a copy thereof shall within the same seven days be lodged by that person at that office.
“(9)
The appeal shall be heard by a Magistrate at such convenient time and place as the Magistrate, on the application of any party, appoints, of which not less than three days’ notice shall be given by that party to the Secretary of the Board and to every other person affected by the appeal.
“(10)
On the hearing of any such appeal the Magistrate may confirm the classification list or cause it, or any matter therein, to be amended in such manner as he thinks reasonable, and he shall sign the list so confirmed or amended, and the determination of the Magistrate shall be final and conclusive.
“(11)
Every classification list sealed with the seal of the Board, or signed by a Magistrate in the case of any such appeal as aforesaid, shall, for the purpose of any proceedings for the recovery of rates, be sufficient evidence of a classification duly made by the Board in accordance with the requirements of this section, and of the proportions in which the rate is imposed on the several classes of land to which the list relates.”
1952, No. 62
(2)
The Rabbit Nuisance Amendment Act 1952 is hereby consequentially repealed.
9 Section 70 of principal Act (as to subsidy on rates) amended.
(1)
Section seventy of the principal Act is hereby amended by omitting from subsection one the words “twenty thousand acres”
, and substituting the words “ten thousand acres”
.
(2)
The said section seventy is hereby further amended by adding the following subsections:
“(6)
Upon receipt by the Minister of an application by a Board for payment of subsidy in anticipation of general rates receivable in any year, a sum not exceeding seventy-five per cent of the amount which was collectable as rates by the Board during the preceding year may be advanced to that Board in the year in which the application is made.
“(7)
All such advances shall be repaid to the Consolidated Fund out of the first moneys accruing to that Board thereafter by way of subsidy, and may be deducted therefrom or recovered accordingly.”
10 Yearly balance sheet and statement of accounts of Board.
The principal Act is hereby further amended by repealing section eighty-two, and substituting the following section:
“82
“(1)
Before the end of April in each year the Board shall cause to be prepared a yearly balance sheet and statement of accounts showing fully the financial position of the Board and the financial results of its operations during the year ended on the thirty-first day of March then last past. There shall be included therein the amounts of all rates made and levied and of all moneys received and expended during that year, and the amounts of all debts then owing by and to the Board. The balance sheet and statement shall bear an endorsement that the accounts shown therein are subject to audit.
“(2)
The Board shall forthwith either send by post to every ratepayer whose name appears on the ratepayers list for the district a copy of the balance sheet and statement of accounts, or deposit a copy or copies thereof for inspection in some convenient place or places within the district and give public notice that the accounts are available there for inspection.
“(3)
The Board shall forthwith send to the Audit Office a copy of the balance sheet and statement, signed by the Chairman and the Treasurer.
“(4)
Forthwith after the audit of the accounts pursuant to the Public Revenues Act 1926, the Board shall either send to every ratepayer as aforesaid a copy of the balance sheet and statement as audited, or deposit a copy or copies thereof for inspection and give public notice thereof as provided by subsection two of this section.”
11 Power to dispose of dwellings not required for employees.
Section eighty-five of the principal Act is hereby amended by adding the following subsection:
“(4)
The Board may sell, lease, or otherwise dispose of any house purchased or erected by it under this section and no longer required for the use of its employees, together with the land appurtenant thereto.”
12 Power of Board to sell poison to other Boards.
1935, No. 3
(1)
Section two of the Rabbit Nuisance Amendment Act 1935 is hereby amended by inserting, after subsection one, the following subsection:
“(1a)
A Rabbit Board shall also have power to sell or otherwise dispose of poison or poisonous substances to any other Rabbit Board.”
(2)
The said section two is hereby further amended by omitting from subsection two the words “the last preceding subsection”
, and substituting the words “this section”
.
13 Application of proceeds of levy on rabbit skins.
1947, No. 47
(1)
Section fourteen of the Rabbit Nuisance Amendment Act 1947 is hereby amended by adding the following subsection:
“(3)
For the purpose of ensuring that moneys are available for the payment of the expenses and other sums payable under paragraphs (a) to (d) of subsection two of this section, there shall be retained in the Deposit Account established under subsection one of this section such sums as the Minister may from time to time determine.”
(2)
The said section fourteen is hereby further amended by repealing paragraph (d) of subsection two, and substituting the following paragraph:
“(d)
In payment of such sums as the Minister, on the recommendation of the Council, from time to time approves by way of contribution towards the expenses incurred in promoting, preparing, and maintaining any petition for the constitution of a rabbit district, in any case where, for any reason, the district is not constituted:”.
(3)
The said section fourteen is hereby further amended by inserting, at the beginning of paragraph (e) of subsection two, the words “Subject to the provisions of subsection three of this section”
.
1947, No. 47
(4)
Section twelve of the Rabbit Nuisance Amendment Act 1947 is hereby amended by omitting from subsection three the words “in accordance with section fourteen of this Act”
, and substituting the words “to the extent that those proceeds are available for the purpose of this section under section fourteen of this Act”
.
(5)
Section eleven of the Rabbit Nuisance Amendment Act 1947 is hereby repealed.
14 Section 16 of Rabbit Nuisance Amendment Act 1947 (as to entry on land) amended.
(1)
Section sixteen of the Rabbit Nuisance Amendment Act 1947 is hereby amended as follows:
(a)
By omitting from paragraph (a) of subsection two the words “three days’ previous notice given by or on behalf of the Board”
, and substituting the words “ten days’ previous notice given on behalf of the Board in the form No. 3 in the First Schedule to the principal Act”
:
(b)
By omitting from paragraph (b) of subsection two the words “seven days after the publication by or on behalf of the Board”
, and substituting the words “twenty-one days after the publication on behalf of the Board”
:
(c)
By inserting in the said paragraph (b), after the words “of a notice”
, the words “in the form No. 4 in the First Schedule to the principal Act”
.
(2)
The said section sixteen is hereby further amended by adding the following subsections:
“(3)
For the purposes of paragraph (b) of subsection one of this section, the inspector or other authorized person may, after the expiration of the period specified in the notice given under subsection two of this section, but subject to the provisions of subsections four and five of this section, remove any livestock then on any land or part of any land that is referred to in the notice, or, as the case may be, that is within the area to which the notice relates, to any other land or part occupied by the person in occupation of the first-mentioned land. In any such case the costs and expenses incurred by the Board in such removal may be recovered as a debt due to the Board from the person in occupation of the land.
“(4)
No livestock shall be removed under subsection three of this section except—
“(a)
After ten days’ previous notice in writing given by the inspector or other authorized person to the person in occupation of the land; or
“(b)
Pursuant to an order of a Magistrate, if within the said period of ten days the person in occupation applies to a Magistrate under subsection five of this section to have his objection heard.
“(5)
Any person to whom notice is given under subsection four of this section, and who objects to the removal of the livestock, may apply to a Magistrate, within the said period of ten days, to have his objection heard and determined. On hearing any such application, the Magistrate may make such order as he thinks fit; and every such order shall be final and binding on all parties.”
(3)
The First Schedule to the principal Act is hereby amended by adding the forms set out in the Schedule to this Act.
Commencement.
(4)
This section shall come into force on the first day of April, nineteen hundred and fifty-four.
15 Offence to sell skins of certain animals.
(1)
The principal Act is hereby further amended by repealing section ninety-six, and substituting the following section:
“96
“(1)
No person shall sell or offer for sale or have in his possession for sale the skin of any ferret, stoat, weasel, polecat, or other animal of the family mustelid.
“(2)
Every person commits an offence against this Act who acts in contravention of this section.”
Commencement.
(2)
This section shall come into force on the first day of April, nineteen hundred and fifty-four.
16 Keeping live rabbits.
(1)
The principal Act is hereby further amended by repealing section one hundred and two, and substituting the following section:
“102
“(1)
No person shall keep live rabbits in his possession except pursuant to a permit granted to him under this section and in accordance with the conditions specified in the permit.
“(2)
Every application for a permit under this section shall be made to the Board of the rabbit district in which the applicant proposes to keep the rabbits, or, where the applicant proposes to keep the rabbits elsewhere than in a rabbit district, to the Minister.
“(3)
The Board, or, as the case may be, the Minister, may refuse to grant a permit under this section, or may grant a permit for such period and subject to such conditions as the Board or the Minister thinks fit.
“(4)
Any permit under this section may at any time be revoked by the Board, or as the case may require, by the Minister, by notice in writing.
“(5)
Any Inspector, or any person authorized by a Board, may enter at all reasonable times on the land or premises of the holder of a permit under this section and inspect any part of the land or premises for the purpose of ascertaining whether the conditions of the permit are being complied with.
“(6)
For the purposes of this section, any borough or town district lying wholly or partly within any rabbit district shall be deemed to form part of the district.
“(7)
Every person commits an offence against this Act who acts in contravention of any provision of this section.”
(2)
Every permit for the keeping of live rabbits heretofore granted by the Minister under the principal Act and in force at the passing of this Act shall continue in force subject to the provisions of section one hundred and two of the principal Act, as substituted by this section, as if it had been granted under that section as so substituted.
17 General penalty for offences.
(1)
Every person who commits an offence against the principal Act for which no penalty is provided elsewhere than in this section shall be liable to a fine not exceeding fifty pounds and, if the offence is a continuing one, to a further fine not exceeding five pounds for every day during which the offence continues.
(2)
Section twenty-four of the principal Act (which relates to personating an Inspector) is hereby amended by omitting the words “is liable to imprisonment with or without hard labour for any period not exceeding one year, and, in addition thereto, to a fine of not less than twenty nor more than one hundred pounds”
, and substituting the words “commits an offence against this Act”
.
18 Offences punishable summarily.
All proceedings in respect of offences against the principal Act or against any regulations made thereunder shall be taken in a summary way under the Justices of the Peace Act 1927.
19 Validation of remissions of rates.
1949, No. 16
Every remission by any Rabbit Board of payment of the whole or any part of any rates heretofore made in the purported exercise of its powers under section sixty-seven a of the principal Act, as inserted by section three of the Rabbit Nuisance Amendment Act 1949, and every such remission hereafter made in respect of rates levied for the year ending on the thirty-first day of March, nineteen hundred and fifty-four, is hereby validated.
Schedule
Section 14(3)
“(3) Notice of Intention to Enter on Land and Destroy Rabbits
To [Name of occupier]
Take notice that pursuant to section 16 of the Rabbit Nuisance Amendment Act 1947, an Inspector or other person authorized by the [Name of Board] will, as soon as practicable after the expiration of ten days from the date of this notice, enter upon the land occupied by you, for the purpose of destroying rabbits on that land.
Dated at , this day of 19 .
Secretary to the [Name of Board]
or Inspector or authorized person.
“(4) Notice of Intention to Destroy Rabbits in Specified Area
Pursuant to section 16 of the Rabbit Nuisance Amendment Act 1947, all occupiers of land in the locality or area described in the Schedule hereto are hereby notified that the [Name of Board] intends to destroy rabbits in the said locality or area, and that for that purpose Inspectors or other persons authorized by the Board will, as soon as practicable after the expiration of twenty-one days from the date of this notice, enter upon the lands in the said locality or area.
Schedule
[Locality or area to be sufficiently described to enable an occupier to identify his land as being within the locality or area.]
Dated at , this day of 19 .
Secretary to the [Name of Board].
or Inspector or authorized person.”