The Short Title of this Act is “The Kauri-gum Industry Act, 1898,” and it shall come into operation on the first day of January, one thousand eight hundred and ninety-nine:

Provided that the powers hereinafter conferred on the Governor in Council may be exercised at any time after the passing of this Act, but no Order in Council shall take effect until the coming into operation of this Act.

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

Divide any portion of the North Island of New Zealand into kauri-gum districts, with such names and boundaries as he thinks fit, adopting county boundaries as far as practicable; and also

Set apart any specified areas of Crown lands within a kauri-gum district to be kauri-gum reserves under this Act; and also

Authorise any specified local authorities whose districts are in whole or in part comprised within a kauri-gum district to issue licenses under this Act.

Every local authority authorised as aforesaid (hereinafter referred to as “authorised local authority”) may issue licenses under this Act as hereinafter provided; but it is hereby expressly declared that such local authority shall not have power to refuse a license to any person possessing any of the qualifications hereinafter provided, except in the case of aliens coming to the colony after the coming into operation of this Act, and in the case of any person disqualified under section twenty-six hereof.

Such licenses shall be of three classes, to wit,—

A special kauri-gum-digging license (hereinafter called a “special license”);

An ordinary kauri-gum-digging license (hereinafter called an “ordinary license”); and

A kauri-gum-buyer’s license (hereinafter called a “gum-buyer’s license”).

With respect to kauri-gum reserves the following provisions shall apply:—

Each reserve shall be situate in the neighbourhood of a village, special, or other settlement, the name or description whereof shall be specified in the Order in Council creating the reserve.

Each reserve shall be available exclusively for kauri-gum-digging, and no person shall be entitled to dig for kauri-gum thereon unless—

No person shall be entitled to receive or hold a special license unless be satisfies the authorised local authority to which the application therefor is made that at the time of the application be possesses one or more of the following qualifications, that is to say,—

That be is the owner in fee-simple of land within the colony; or

That be is the lessee of land within the colony under lease in writing lawfully granted by or derived from the Crown or other the owner in fee-simple, and having a term of not less than three years; or

That be is a Native of the Maori race; or

That be has been lawfully engaged in digging for kauri-gum for not less than three months next preceding the date of the coming into operation of this Act; or

That be is a British subject by birth or naturalisation.

No person shall be entitled to receive or hold an ordinary license unless be satisfies the authorised local authority to which the application therefor is made that he has resided in the colony for not less than three months next preceding the date of the application, or is a British subject by birth or naturalisation.

No person shall be entitled to receive or hold a special or ordinary license which on its face is expressed to extend to a kauri-gum reserve unless be satisfies the authorised local authority to which the application therefor is made that, in addition to being qualified under sections six or seven hereof, as the case may be, be also possesses the qualification prescribed by paragraph (a) of subsection two of section five hereof.

With respect to every license under this Act, the following provisions shall apply:—

It shall be in the prescribed form, and shall not be transferable.

It shall continue in force until the thirty-first day of December next following the date of its issue, but may be renewed from year to year thereafter.

There shall be payable upon the issue thereof, and upon every annual renewal thereof, a license-fee at the rate of five shillings per year in the case of a special license, and one pound per year in the case of an ordinary license or a gum-buyer’s license: Provided that in the case of infirm persons the local body may remit the license-fee.

The renewal shall in every case be effected by indorsing on the license, under the hand of some person appointed in that behalf by the authorised local authority by which the license was issued, the words “Renewal fee paid, and license renewed for the year ending 31st December, 1.”

In the event of the license being lost or destroyed, the authorised local authority by which it was issued may, on satisfactory proof thereof, and on payment of a fee of one shilling, issue a duplicate with all existing indorsements, and such duplicate with its indorsements shall for all purposes operate in lieu of the original.

Subject to the provisions of this Act, every special or ordinary license shall while it continues in force (but no longer) entitle the licensee named therein to exercise the following rights in respect of land within any kauri-gum district:—

To dig for kauri-gum; and also

To take up and personally occupy as a residence or business site any area not exceeding two acres of unoccupied Crown land (other than land comprised in any kauri-gum reserve) upon such terms and conditions as are prescribed by regulations under this Act.

Nothing in this Act or in any special or ordinary license shall operate or be construed to entitle the licensee to dig for kauri-gum within any kauri-gum district upon—

Any land (being unoccupied Crown land or land subject to “The New Zealand State Forests Act, 1885”) on which dead or live kauri-trees are standing; nor upon

Any other land (being land subject to “The New Zealand State Forests Act, 1885,” or unoccupied Crown land within one mile thereof), except during the period from the first day of May to the thirtieth day of September in the year; nor upon

Any land comprised in a kauri-gum reserve, except in the case of a licensee whose license is on its face expressed to extend to such reserve; nor upon

Any Native land except with the consent of the Native owners thereof; nor upon

Any land owned or occupied by any person under any lawful title, except with such person’s consent.

Subject to the provisions of this Act, every gum-buyer’s license shall whilst it continues in force (but no longer) entitle the licensee named therein to carry on the business of a buyer of kauri-gum within any kauri-gum district.

Bach authorised local authority shall keep a Kauri-gum License Register, and shall enter therein, in separate parts in respect of each class of license issued by it, the number of the license, the date of its issue, and the full name, occupation, and address of the licensee.

The licenses of each class shall be entered and numbered consecutively in order of date, so that no two licenses of the same class shall bear the same number in the same register.

With respect to gum-buyers’ licenses and the holders thereof the following provisions shall apply within every kauri-gum district:—

It shall not be lawful for the licensee to directly or indirectly buy any kauri-gum, whether on his own account or as agent for any other person, except from the owner or occupier of Native or other land, or the holder of a special or ordinary license, nor unless, in the latter case, such holder produces his license at the time of the sale.

The licensee shall keep a gum-purchase book, wherein he shall from day to day faithfully and accurately enter, in respect of each parcel of kauri-gum purchased by him, the date of the purchase, the quantity purchased, the price paid, the name of the seller, and, if the seller is a licensee, the number and class of the license, and the name of the authorised local authority by which it was issued.

The licensee shall at all times keep his gum-purchase book open for inspection by any member of the Police Force, or by any Ranger under this Act.

It shall not be lawful for any person—

To dig for kauri-gum upon—

To directly or indirectly carry on the business of a gum-buyer within any kauri-gum district except pursuant to the provisions of this Act and the authority of a gum-buyer’s license: Provided that no payment shall be made for kauri-gum on premises licensed for the retail sale of intoxicating liquor.

If within any kauri-gum district any person is found digging or searching for kauri-gum, or in possession of the same, such digging, searching, or possession shall be deemed to be in breach of this Act unless be gives satisfactory proof to the contrary.

Nothing in this Act contained shall be construed to render it unlawful for the owner or occupier of Native or other land within any kauri-gum district to himself dig for kauri-gum upon such land without being the holder of a license.

It shall be the duty of each authorised local authority out of its general funds to administer this Act within its district, and for that purpose to appoint one or more Rangers.

For the purposes of this section so much of any kauri-gum district as is within a county wherein “The Counties Act, 1886,” is suspended or is not in operation shall be deemed to be within the district of such authorised local authority as the Governor in Council specifies in that behalf.

It shall be the duty of all members of the Police Force to assist the authorised local authority and its Rangers in carrying out the provisions of this Act.

With the consent of the Minister of Justice, and subject to such terms and conditions as he thinks fit, the authorised local authority may appoint members of the Police Force to be Rangers.

For the purposes of this Act every Ranger and every member of the Police Force shall have such powers and functions as are prescribed by regulations under this Act.

Every licensee under this Act shall at all reasonable times produce his license to any Ranger or member of the Police Force who demands the same.

Every person who commits any breach of any of the provisions of this Act is liable to a penalty not exceeding one pound in the case of a first offence, and not exceeding five pounds in the case of any subsequent offence.

In all proceedings against any person for any breach of this Act he shall be deemed to be unlicensed unless be produces his license to the Court.

If a licensee is convicted of any breach of this Act the convicting Court, in addition to imposing the penalty, shall also indorse the conviction on the license; and upon a third indorsement the Court making the same may also forfeit the license.

Such forfeiture shall be effected by recording on the face of the license a minute to that effect, under the hand of the presiding Magistrate or Justice, and thereupon the following provisions shall apply:—

The license shall be deemed to be void, and the Clerk of the convicting Court shall send notice thereof to every authorised local authority, and shall also send the cancelled license to the authorised local authority by which it was issued.

Each authorised local authority shall forthwith upon receipt of such notice record in its register the fact of the forfeiture.

The licensee named in the forfeited license shall not be qualified to apply for, receive, or hold a license until the expiration of twelve months after the date of such forfeiture, and any license issued in breach of this provision shall be deemed to be void.

All penalties recovered in respect of any conviction under this Act shall be payable to the authorised local authority in or nearest to whose district the conviction is obtained.

All fees and penalties received under this Act by any authorised local authority shall form part of its general funds.

The Governor may from time to time, by Order in Council gazetted, make regulations for all or any of the following purposes:—

Such regulations may prescribe penalties not exceeding five pounds for any breach thereof.

Sections two hundred and thirty and two hundred and thirty-one of “The Land Act, 1892,” and all references to kauri-gum in section two hundred and thirty-three of that Act, are hereby repealed: Provided that such repeal shall not affect any license issued by the Commissioner of Crown Lands and in force at the time of the coming into operation of this Act, but every such license shall continue in force until the expiry of the annual term for which it was issued, and in the meantime shall be subject to the same provisions and restrictions in all respects as if this Act had not been passed.

Section five of “The Reserves and Crown Lands Disposal and Enabling Act, 1896,” is hereby repealed.

For all the purposes of this Act, the right to dig for kauri-gum shall be deemed to include the right to search for and remove the same, and in every case where it is a breach of this Act to dig for kauri-gum it shall be deemed to be a breach of this Act to search for or remove the same.