Agricultural and Pastoral Societies Amendment Act 1933

Agricultural and Pastoral Societies Amendment Act 1933

Public Act1933 No 8
Date of assent6 December 1933

Note

This Act is administered in the Ministry of Agriculture and Fisheries.


1 Short Title
  • This Act may be cited as the Agricultural and Pastoral Societies Amendment Act 1933, and shall be read together with and deemed part of the Agricultural and Pastoral Societies Act 1908 (hereinafter referred to as the principal Act).

2 Societies may make bylaws regulating admission to meetings, exhibitions, etc
  • (1) Any society may from time to time make bylaws controlling the admission of persons to any place used or occupied by such society for any meeting, show, exhibition, competition, or entertainment held by the society.

    (2) Such bylaws may control admission to any such place during the whole or any part of the period beginning 3 clear days before the opening of such meeting, show, exhibition, competition, or entertainment and ending 3 clear days after the close thereof.

    (3) Without limiting the generality of the authority conferred by the foregoing provisions of this section, such bylaws may provide for—

    • (a) The exclusion from any such place of any specified class of persons, either absolutely or subject to such conditions as are prescribed in the bylaws;

    • (b) The issue by the society or by any other society or person or body of persons authorised by such first-mentioned society in that behalf of licences to any specified class of persons therein described; and

    • (c) The exclusion as aforesaid of any person of a class so specified who is not for the time being the holder of such a licence.

    (4) No such bylaw shall authorise or be deemed to authorise the issue of a licence to any person under the age of 16 years and any licence issued to such a person shall be void and of no effect.

3 Special provisions as to licences under bylaws
  • (1) With respect to licences as aforesaid, the bylaws may make provision for all or any of the following matters:

    • (a) The recognition by endorsement of licences granted by or with the authority of any other society:

    • (b) The term for which licences may continue in force not exceeding in any case a period of 2 years:

    • (c) Reasonable fees to be payable upon application for and upon the issue or recognition of licences:

    • (d) The suspension and revocation of licenses:

    • (e) Requiring the production of licences to the society or any officer of the society or any other specified person, and authorising the society or such officer or other person to endorse on any licence at its or his discretion any memorandum relating to the conduct of the licensee in exercising or purporting to exercise the rights conferred by the licence:

    • (f) Prohibiting or restricting any assignment of a licence or the benefits thereof:

    • (g) Authorising the imposition in a licence of conditions, to be prescribed in the bylaws, relating to or restricting in any such place as aforesaid—

      • (i) The conduct of the licensee or any person employed by him or under his control:

      • (ii) The occupation by the licensee for any purpose of any site:

      • (iii) The activities to be permitted to the licensee:

      • (iv) The employment by the licensee of persons under any specified age:

    • (h) Requiring the deposit with the society making the bylaws or with any other society or person or body of persons of a prescribed sum of money by way of security for compliance by the licensee with the terms and conditions of the licence and for forfeiture of such deposit upon breach of such terms and conditions.

    (2) No right of action shall arise out of the making in good faith of any memorandum mentioned in paragraph (e) of the last preceding subsection.

    (3) Any person to whom a licence has been refused or whose licence is revoked, or whose deposit is forfeited, may, within the prescribed time and in the prescribed manner, appeal to a Stipendiary Magistrate or 2 Justices.

    (4) On the hearing of the appeal the Magistrate or Justices may confirm, reverse, or modify the decision appealed against, and such determination shall be final and conclusive.

    (5) The Governor-General may from time to time, by Order in Council, make regulations prescribing the time within and the manner in which appeals as aforesaid shall be made and generally providing for the conduct of such appeals.

4
  • [Repealed]

    Section 4 was repealed, as from 31 October 1936, by section 4(6)Statutes Amendment Act 1936 (1936 No 58).

4A Making and publication of bylaws regulating admission to meetings, etc
  • (1) Bylaws under this Act may be made, amended, or revoked by any society in the manner prescribed by section 11 of the principal Act, and not otherwise.

    (2) No such bylaw, and no amendment or revocation of any such bylaw, shall have any force or effect until it has been approved by the Governor-General. Every such bylaw, amendment, or revocation, on being so approved, shall take effect from the date of such approval or from any later date specified in the bylaw or amendment or instrument of revocation, as the case may be.

    (3) A copy of every such bylaw and every amendment thereof, and a notice of every such revocation, shall be forwarded by the society to the Minister of Agriculture and Fisheries who, on being satisfied that the same has been duly made by the society and approved by the Governor-General, shall, subject to the provisions of subsection (4) of this section, publish it in the Gazette at the expense of the society.

    (4) In any case where a society makes any such bylaws which, in the opinion of the Minister of Agriculture and Fisheries, contain substantially the same provisions as those contained in bylaws of any other society previously published in the Gazette under subsection (3) of this section, the Minister at the expense of such first-mentioned society, may publish in the Gazette a notice setting forth—

    • (a) The name of the first-mentioned society and the date on which its bylaws come into force; and

    • (b) The name of the society the bylaws of which have been so published in the Gazette and a reference to the Gazette in which they were published;

    • (c) A statement to the effect that the bylaws so published are substantially the same as the bylaws of such first-mentioned society.

    (5) Publication of a notice under subsection (4) of this section shall be deemed to be due compliance with the provisions of subsection (3) of this section relating to the publication of bylaws in the Gazette.

    Section 4A was inserted, as from 13 December 1979, by section 2(1) Agricultural and Pastoral Societies Amendment Act 1979 (1979 No 72).

5 Application of this Act
  • (1) This Act shall be applicable to any land or building, notwithstanding the fact that it is or forms part of a reserve or other place in respect of which there exists a right of public use or entry.

    (2) Nothing in this Act shall be so construed as to limit any power of a society to exclude or remove any person from any premises of which such society is the occupier and which is free from any right of public use or entry preventing such exclusion or removal.

6 Offences and penalties
  • (1) Every person who commits a breach of any bylaw made under the authority of this Act or who, being the holder of a licence issued under the authority of any such bylaw, commits a breach of any condition contained in such licence, may be removed from any premises to which such bylaw relates by any member, officer, agent, or servant of the society by which such bylaw was made, or by any constable, and shall be liable to a fine of $40.

    (2) Every person commits an offence and is liable to a fine of $40 who, in relation to any licence granted under bylaws made under this Act, or in relation to an application for or in respect of any such licence, does any of the following things, namely:

    • (a) Gives a false name or address of himself or any other person; or

    • (b) Makes any false representation as to the identity of himself or any other person; or

    • (c) Makes any false representation as to the previous issue, refusal, or endorsement of a licence to himself or any other person under the same or any other bylaw, whether in force or revoked, made by any society under this Act.