The Short Title of this Act is “The Orchard and Garden Diseases Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

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

The Council of any county may from time to time, by special order gazetted, declare that the Third Schedule hereto shall (in respect of all or any one or more of the diseases mentioned therein) be suspended within its jurisdiction.

In a county wherein “The Counties Act, 1908,” is suspended, or has never been in operation, a like declaration shall be made by the Minister, by notice in the Gazette, on the petition of a majority of the local authorities within the limits of the county.

Any such declaration may in like manner be rescinded, and thereupon the said Third Schedule shall again have operation within the limits of the county.

For all the purposes of this section a borough shall be deemed to be within the limits of the county within whose boundaries the borough is situate, and similarly in the case of a town district which is not part of the county.

The Governor may from time to time, by Order in Council gazetted,—

Other diseases may be included in Second Schedule.

The Governor may from time to time appoint such Inspectors and other officers, with such powers and functions, as he deems necessary in order to carry out the provisions of this Act.

The occupier of every orchard shall at all times do whatever is necessary in order to eradicate disease from such orchard and prevent the spread thereof.

The occupier of every orchard in which any disease appears shall, within forty-eight hours after first discovering or becoming aware of its presence, send written notice thereof to the Secretary for Agriculture, at Wellington.

Any Inspector or other authorised officer may at any time enter into any conveyance, or upon any orchard, land, or premises, or on board any ship, for the purpose of inspecting any plants or fruit, or the packages containing the same or with which the same may have come in contact, and shall have all such powers and authorities (including power to dig up plants, open packages, and otherwise) as he deems necessary for enabling him to enforce the provisions of this Act.

If the Inspector or other officer declares any such plants, fruit, or packages to be diseased or infected with disease he shall give notice thereof to the owner or person in charge thereof, who shall forthwith, take such measures and do such acts as are necessary in order to eradicate or prevent the spread of the disease.

If such owner or person fails so to do to the satisfaction of the Inspector or other officer, such Inspector or other officer may do the same at the expense in all things of such owner or person, who nevertheless shall not thereby be relieved from his other liabilities under this Act.

In the exercise of the powers conferred upon him by this section the Inspector or other officer may remove, treat, disinfect, destroy, or otherwise dispose of any such plants, fruit, or packages in such manner as he thinks fit.

Any plant, fruit, fungus, parasite, insect, or other thing introduced or attempted to be introduced into New Zealand from abroad, or brought or attempted to be brought into any portion of New Zealand from any other portion thereof, contrary to any Order in Council under this Act may, together with any package containing the same or with which the same may have come in contact, be seized by an Inspector or other authorised officer, or an officer of Customs, and be disinfected, destroyed, or otherwise disposed of as such Inspector or officer deems fit, at the expense of the owner or person in charge thereof.

It shall be the duty, of all officers of the Postal Department and of the Customs respectively to assist in carrying out the provisions of this section and in preventing the introduction into New Zealand or the bringing to any portion of New Zealand of anything contrary to any such Order, and for that purpose they may, in respect to anything so introduced or attempted to be introduced or brought, exercise all the powers conferred by “The Post and Telegraph Act, 1908,” in the case of postal packets posted in breach of that Act, and by “The Customs Law Act, 1908,” in the case of uncustomed or prohibited goods.

An Inspector or other authorised officer may employ such assistants as he deems necessary in carrying out the provisions of this Act, and may pay them such remuneration as the Minister deems reasonable.

The owner, occupier, or other person through whose neglect omission, or other default, or by reason of the infection of whose orchard, plants, fruit, or packages the expenses of such employment were incurred shall repay the same to the Inspector on demand; and in default of payment such expenses may be recovered as a debt due to the Crown.

For the purpose of making any entry or removal, or other-wise performing his duties under this Act, an Inspector or other authorised officer or assistant may, in case of resistance, use all necessary force.

Every person commits an offence against this Act who directly or indirectly obstructs, hinders, or interrupts, or threatens, or assaults, or uses improper or abusive language to any Inspector or other authorised officer or assistant while in the performance of his duty under this Act.

Proceedings for the recovery of any fine for such offence, or the payment thereof, shall not be a bar to any action at law by any such Inspector or other authorised officer or assistant; but every such action may be commenced and proceeded with as if this Act had not been passed, any rule of law to the contrary notwithstanding.

An Inspector or other authorised officer or assistant shall not be deemed to be a trespasser by reason of any entry or removal under this Act, or be liable for any damage occasioned in carrying out the provisions of this Act.

Any notice to be given to any occupier or other person by an Inspector or other authorised officer or assistant in the performance of his duties under this Act may be given either by delivering the same to such person or by leaving it at or posting it addressed to him at his usual or last known place of abode or business in New Zealand, or if he is unknown or cannot be found in New Zealand, then by affixing such notice on a conspicuous place on the land to which the notice relates.

Every person commits an offence against this Act who directly or indirectly by himself, his servant or agent,—

Provided that it shall be lawful to sell or offer for sale in the Provincial District of Auckland, or convey from one part of the said provincial district to any other part thereof, fruit affected with codlin-moth to the extent of not more than five per centum.

Every person who commits an offence against this Act is liable to a fine not exceeding twenty pounds.

All fines under this Act shall be recovered in a summary way under “The Justices of the Peace Act, 1908,” before a Magistrate alone, and upon prosecution by an Inspector or some person authorised by the Minister in that behalf.

All fines and other moneys recovered or received under this Act shall be paid into the Public Account and form part of the Consolidated Fund.

All expenses incurred in the administration of this Act shall be paid out of moneys to be appropriated by Parliament for that purpose.

An action shall not be brought against an Inspector or other authorised officer or assistant acting in execution of this Act for anything done in pursuance thereof or under the authority thereof, unless such action is commenced within three months after the cause of action arose.

The defendant in any such action may give this Act and any special matter in evidence.

The Governor may from time to time, by Order in Council gazetted, make regulations—

All such regulations shall, within fourteen days after the gazetting thereof, be laid before Parliament if sitting, or if not, then within fourteen days after the commencement of the next ensuing session.