The Short Title of this Act shall be “The Census Act, 1877.”

The several Acts enumerated in the First Schedule to this Act are hereby repealed.

In the construction of this Act, and unless there be something in the context repugnant thereto or inconsistent therewith, the following words and expressions shall have the meanings herein given to them:—

An account shall be taken in the year one thousand eight hundred and seventy-eight, and again in the year one thousand eight hundred and eighty-one, of the number and condition of persons, and of the live stock and of the land in cultivation within New Zealand, and of other particulars relating thereto, according to such forms and instructions as the Registrar-General shall cause to be prepared, for the purpose of obtaining information with respect to the subjects specified in the Second and Third Schedules to this Act annexed.

After the year one thousand eight hundred and eighty-one such account shall be taken in every fifth year succeeding.

Every such account shall be taken in such month and on such day or days not being later than the first day of April in each of such years as the Governor shall, by Proclamation published in the Gazette, from time to time appoint.

For the taking of such account the Governor may appoint and remove Enumerators, and define the districts for which they shall respectively act, and determine the number of Sub-Enumerators to be appointed by such Enumerators respectively.

Every Enumerator shall, subject to the approval of the Governor, appoint Sub-Enumerators for his district, and assign sub-districts to such Sub-Enumerators, and, subject to such approval as aforesaid, may remove any such Sub-Enumerator and appoint another in his place.

Every Sub-Enumerator shall, within fourteen days ending on the day immediately preceding that fixed for taking the account herein provided for, leave at every dwelling within his subdistrict one of the forms prepared as aforesaid, or where such dwelling is let in different storeys or apartments, and occupied distinctly by different persons or families, a separate form for the occupier or person in charge of each Such distinct storey or apartment.

Every occupier or person in charge of such dwelling-house or distinct storey or apartment shall fill up and supply in the said forms, to the best of his knowledge and belief, the matters and particulars which may by the said forms and any instructions accompanying the same be required, and shall sign the said form with his name, and deliver or cause to be delivered the said forms so filled up and signed to the Sub-Enumerator authorized to receive the same.

Every Sub-Enumerator shall on the day next following that fixed for taking the census as aforesaid, or as soon thereafter as practicable, demand and receive the said form at every dwelling as aforesaid within his subdistrict, and shall satisfy himself, by inquiries of the occupier or person in charge of the dwelling, or of persons in or near such dwelling, that such form is fully, truly, and correctly filled up; or if not so, either in the whole or any particular, shall himself, according to the best information which he shall be able to obtain, fill up the said form or make the same complete and correct, and in such case shall then and there sign the said form with his own name.

Every Sub-Enumerator shall, within seven days after all the forms within his subdistrict shall have been completed and received by him, deliver or transmit them, and all other forms required to be filled in by him according to instructions issued by the Registrar-General, to the Enumerator of his district, together with a declaration in the form or to the effect set forth in the Fifth Schedule to this Act, made and subscribed by himself either before the Enumerator or before some Justice of the Peace, who are hereby respectively authorized to take the same.

Every Enumerator shall, within twenty-one days after receipt from his Sub-Enumerators of all such forms, make out therefrom returns containing such particulars as may be required of him by the Registrar-General, and shall sign and transmit the same to the Registrar-General, together with all the forms and the declarations aforesaid as received from the several Sub-Enumerators, and together also with a declaration in the form or to the effect set forth in the Sixth Schedule to this Act made and subscribed by himself before some Justice of the Peace, who is hereby authorized and required to receive the same.

On receipt from the Enumerators of all returns and of all forms required to be filled up as before provided, the Registrar-General shall examine the same, and cause any defect or inaccuracy therein to be supplied or corrected as far as may be possible, and shall, with all convenient speed, prepare abstracts therefrom, and such abstracts shall be printed and laid before both Houses of the General Assembly.

If any occupier or person in charge of any dwelling, distinct storey, or apartment refuse or wilfully neglect to fill up, to the best of his knowledge or belief, the form or forms so left at his dwelling, storey, or apartment, or to sign and deliver the same, or refuse or wilfully neglect to answer or untruly answer any inquiry made by a Sub-Enumerator, or wilfully make, sign, or deliver, or cause to be made, signed, or delivered, any false return or statement of any particular in such form or forms, or obstruct any person in the performance of any duty under this Act, the person so offending shall be liable to a penalty not exceeding twenty pounds:

If any Sub-Enumerator fail to return to the Enumerator of his district all the forms received by him, or wilfully sign or deliver any untrue form, or alter any form except as aforesaid, or otherwise wilfully violate any provision of this Act, he shall for every such offence be liable to a penalty not exceeding fifty pounds.

If any Enumerator or Sub-Enumerator make and subscribe a false declaration under this Act before any Enumerator or Justice, he shall be deemed guilty of perjury.

If any person accept the office of Enumerator or Sub-Enumerator under this Act, and afterwards, without lawful excuse from sickness or unavoidable accident, neglect or refuse to perform any duty required by this Act to be done or performed by him, the person so offending shall be liable to a penalty not exceeding fifty pounds.

If any Enumerator, Sub-Enumerator, or clerk shall divulge or make use of any information required by the Act to be given, or the contents of any form required by this Act to be filled up, except for the purposes required by this Act, he shall for every such offence be liable to a penalty not exceeding twenty pounds.

For the purpose of obtaining statistical information, the Registrar-General may, in any year in which a general account is taken as hereinbefore provided, cause inquiries, to be approved of by the Governor in Council, to be addressed to the person or persons having or reputed to have the control, management, or superintendence of establishments, institutions, or industries of the character described in the Fourth Schedule to this Act, and all such persons shall be bound to answer such inquiries to the best of their knowledge and belief.

Every person who shall refuse or neglect to answer any such inquiry, or wilfully give any false answer thereto, shall be liable to a penalty not exceeding twenty pounds.

An account shall be taken in the month of February in each and every year of the land in cultivation in New Zealand, and of the agricultural produce thereof.

But in any year in which a general census is taken such account may be taken at the time the account of the said census is taken.

It shall be lawful for the Governor from time to time to appoint such persons as may be found necessary for the purpose of taking the accounts specified in the last preceding section, and of making up the returns to be compiled therefrom.

From the account to be taken under the nineteenth section of this Act, a return shall be compiled with as little delay as possible of the land in cultivation in the colony, and of the agricultural produce thereof, and shall be published in the Gazette, and in such local papers, not exceeding nine in the aggregate, as the Governor shall decide upon.

All the powers, duties, and functions given to and imposed upon the several Enumerators and Sub-Enumerators appointed under the provisions of this Act, and the persons of whom they are authorized to require information, and all penalties imposed upon any such Enumerator, Sub-Enumerator, or person as aforesaid, shall, so far as they shall be applicable, apply to the person or persons employed to take the account directed by the nineteenth section of this Act, and to the person or persons required to fill up any form or forms or to give any information necessary for the purposes of the said account.

The Registrar-General shall cause to be prepared and printed for the use of and issue to the Enumerators and Sub-Enumerators, and for the use of and issue to the persons appointed to collect the account directed to be taken under the nineteenth section of this Act, such forms and instructions as he shall from time to time deem necessary for the purpose in taking the said account or accounts; and it shall be the duty of the said Enumerators and Sub-Enumerators and other persons to obey such instructions.

All penalties under this Act may be recovered summarily in the manner provided by “The Justices of the Peace Act, 1866,” upon the complaint of any person duly authorized in writing by the Registrar-General.

This Act shall not apply to any Maori, except only at such time and in such places and in such manner as the Governor shall from time to time direct.

Every direction so made or given by the Governor shall be gazetted.