Borough Councils and Town Boards may appoint Inspectors for their own districts.

Definition of “clear” and “occupier” amended.

Section 4 of Amendment Act, 1923 (as to clearing weeds), amended.

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Noxious Weeds Amendment Act 1927

Public Act		1927 No 56
Date of assent		30 November 1927

	Title
1	Short Title.
2	Borough Councils and Town Boards may appoint Inspectors for their own districts.
3	Definition of “clear” and “occupier” amended.
4	Section 4 of Amendment Act, 1923 (as to clearing weeds), amended.
5	Penalty for continued default.
6	Consequential repeal.

An Act to amend the Noxious Weeds Act, 1908.

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 Noxious Weeds Amendment Act, 1927, and shall be read together with and deemed part of the Noxious Weeds Act, 1908 (hereinafter referred to as the principal Act).

2 Borough Councils and Town Boards may appoint Inspectors for their own districts.

(1)

A Borough Council or a Town Board may from time to time appoint an Inspector or Inspectors under the principal Act.

(2)

An Inspector so appointed shall within the limits of the district of the Council or Board appointing him have all the powers of an Inspector appointed under section twenty-three of the principal Act:

Provided that no such Inspector shall have power to enforce within his district the provisions of sections seven and eight of the principal Act.

(3)

For the purposes of the enforcement of section four of the Noxious Weeds Amendment Act, 1923, within the district of a local authority which has appointed an Inspector as aforesaid the provisions of subsections three and four of the said section four shall be read as if the references to the Minister were references to the Borough Council or the Town Board, as the case may be, and as if the reference to the Gazette in subsection three were a reference to a newspaper circulating in the district.

(4)

All sums expended by any Borough Council or any Town Board in enforcing the provisions of the principal Act within its district shall be paid out of its District Fund, and, notwithstanding the provisions of section twenty of the principal Act, all fines recovered thereunder on information laid by an Inspector appointed by any Borough Council or Town Board shall be paid into its District Fund.

(5)

Nothing in this section shall abridge or affect the powers of an Inspector appointed under section twenty-three of the principal Act, but no such Inspector shall exercise any powers or functions within any borough or town district except by direction of the Minister, and after written notice has been given to the Borough Council or Town Board, as the case may be.

(6)

Every appointment of an Inspector for any borough or town district heretofore made under the principal Act at the request of the Borough Council or Town Board and still in force shall enure for the purposes of this section as if it had been made hereunder by the Borough Council or Town Board, as the case may be, and shall where necessary be deemed to have been so made.

3 Definition of “clear” and “occupier” amended.

(1)

Section two of the principal Act is hereby amended as follows:—

(a)

By repealing the definition of “clear,” and substituting the following definition,—

“‘Clear’ means cutting down or grubbing or pulling up the stem or root of any noxious weed”; and

(b)

By omitting from the definition of “occupier” all words after the word “owner,” and substituting the words “of the land and any other person in receipt of the rents and profits thereof; it includes also any agent or trustee of an occupier.”

Consequential repeal.

(2)

Section two of the Noxious Weeds Amendment Act, 1923, is hereby repealed.

4 Section 4 of Amendment Act, 1923 (as to clearing weeds), amended.

Section four of the Noxious Weeds Amendment Act, 1923, is hereby amended as follows:—

(a)

By inserting in subsection one, after the words “cut or trim such hedges or fences,” the words “in a workmanlike manner”:

(b)

By inserting in subsection two, after the words “notice in writing under his hand” wherever they occur, the words “within the time specified in that notice”:

(c)

By omitting from subsection five the words “and to keep the same cleared of noxious weeds,” and substituting the words “within the time specified by an Inspector by notice in writing under his hand or by public notification in one or more newspapers circulating in the district in which the occupier’s land is situated.”

5 Penalty for continued default.

A person convicted under section four of the Noxious Weeds Amendment Act, 1923, as amended by this Act for failing to clear any noxious weeds within the time limited by notice or public notification shall not thereby be relieved from the necessity of clearing such weeds, but shall do so within two months after the date of such conviction. If he fails to comply with this requirement he shall be deemed to have committed a further offence, and shall be liable on conviction to a further fine of not less than five pounds and not more than fifty pounds.

6 Consequential repeal.

Section six of the Noxious Weeds Amendment Act, 1923, is hereby repealed.

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Noxious Weeds Amendment Act 1927