This Act may be cited as the Poultry-runs Registration Act, 1933.

In this Act, unless the context otherwise requires,—

There is hereby established a Board to be known as the New Zealand Poultry Board (hereinafter referred to as the Board).

The Board shall consist of—

With respect to the first members of the Board the following provisions shall apply:—

Except as provided in the last preceding subsection, every member of the Board shall hold office for a term of two years, save that he may be reappointed from time to time or may at any time be removed from office by the Governor-General for disability, insolvency, neglect of duty, or misconduct.

On the death, resignation, or removal from office of any member of the Board the Governor-General, on the like recommendation as that on which such member was appointed, may appoint some fit person to be a member of the Board for the residue of the term for which such first-mentioned member was appointed.

The Board shall be a body corporate, with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of doing and suffering all that bodies corporate may do and suffer.

Any contract which, if made between private persons, must be by deed shall, if made by the Board, be in writing under the seal of the Board.

Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith shall, if made by the Board, be either under the seal of the Board or signed by two members of the Board on behalf of and by direction of the Board.

Any contract which, if made between private persons, may be made verbally without writing may be similarly made by or on behalf of the Board, but no verbal contract shall be made of a value exceeding twenty pounds.

In any case in which the Governor-General is satisfied that any member of the Board is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Governor-General, on the like recommendation as that on which such member was appointed, may appoint some fit person to be a deputy to act for that member during such incapacity; and any deputy shall, while he acts as such, have all the powers and authority of the member for whom he is so acting.

No such appointment of a deputy and no acts done by him as such shall in any proceedings be questioned on the ground that the reason for his appointment had not arisen or had ceased.

The first meeting of the Board shall be held on a day to be appointed in that behalf by the Minister.

At its first meeting the Board shall elect one of its members to be the Chairman until the end of the first registration year. At its first meeting in each subsequent registration year the Board shall elect one of its members to be the Chairman for that year. The retiring Chairman shall be eligible for re-election.

Except as provided in the last preceding section, meetings of the Board shall be held at such times and places as the Board shall from time to time appoint.

The Chairman or any three members of the Board may at any time call a special meeting of the Board.

At all meetings of the Board three members, of whom at least one shall be a Government representative, shall form a quorum, and no business shall be transacted at any meeting unless a quorum is present.

The Chairman shall preside at all meetings of the Board at which he is present.

In the event of the absence of the Chairman from any meeting of the Board the members present at such meeting shall appoint one of their number to be the Chairman for the purposes of that meeting.

At any meeting of the Board the Chairman shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote. All questions before the Board shall be decided by a majority of the valid votes recorded thereon.

The Board may appoint such officers as it deems necessary for the efficient performance of its functions under this Act.

Any person in the service of the Government may be appointed as an officer of the Board:

Provided that no such person shall accept such appointment and be entitled to retain his position as a servant of the Government except—

The functions of the Board shall be to administer this Act and generally to organize and develop the poultry industry. The Board shall have and may exercise such powers, not inconsistent with this Act, as are reasonably necessary for the effective performance of its duties and functions.

Every poultry-run within the meaning of this Act existing at the commencement of any registration year or established during a registration year is hereby required to be registered for that year in accordance with the provisions of this Act and of regulations thereunder.

Application for the registration of a poultry-run shall be made by the occupier thereof in the prescribed form to such person or persons on behalf of the Board as may be prescribed, and every such application shall be accompanied by the appropriate fee, computed as follows:—

Provided that no fee shall be payable for the registration of any poultry-run in any case where the occupier of the poultry-run is exempted by the Minister from liability to pay the fee on grounds of undue hardship or for any other cause deemed by the Minister to be sufficient.

If the occupier of any poultry-run fails to make application for the registration thereof for any registration year and to pay the appropriate fee (if any) within one month after the commencement of the registration year, or, in the case of a poultry-run established during the registration year, within one month after its establishment, he shall be liable on summary conviction to a fine not exceeding one pound, and to a further fine not exceeding two shillings and sixpence for every week that elapses after the said period of one month and before application for registration is duly made and the appropriate fee (if any) is paid.

If any person becomes the occupier of an unregistered poultry-run in any registration year, he shall make application for the registration thereof for that year and pay the appropriate fee (if any) within the period prescribed by the last preceding subsection or within fourteen days after he has become the occupier (whichever period is the later to expire), and if he fails so to do he shall be liable on summary conviction to a fine not exceeding one pound, and to a further fine not exceeding two shillings and sixpence for every week that elapses after the said period and before application for registration is duly made and the appropriate fee (if any) is paid.

For the purposes of this Act a poultry-run shall be deemed to be established when it is established for the purpose of producing eggs for sale, or, if it is not established for that purpose, when any eggs produced in it are sold or offered for sale.

All unpaid registration fees shall be recoverable in any Court of competent jurisdiction as a debt due to the Board.

All moneys received by the Board by way of registration fees or otherwise howsoever shall be paid by the Board into a separate account at a bank to be approved by the Minister of Finance, and shall be applied by the Board as follows:—

The accounts of the Board shall be subject to audit in the same manner in all respects as if the moneys of the Board were public moneys within the meaning of the Public Revenues Act, 1926.

The Board shall as soon as possible after the expiration of each registration year furnish to the Minister a report on its proceedings and operations during that registration year. Such report shall contain, in such form as the Minister from time to time approves or directs, a balance-sheet and a profit and loss account, duly audited by the Audit Office, together with such other statements of accounts as may be necessary to show fully the financial position of the Board and the financial results of its operations for the year.

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

In this section “paying producer” means the occupier of a poultry-run in respect of which the appropriate registration fee under this Act has been paid for the registration year for the time being current.

If at any time during the month of February, nineteen hundred and thirty-seven, a petition is presented to the Minister, signed by not less than twenty per centum of the paying producers, praying that a poll of the paying producers be taken on a proposal to allow this Act to expire, a poll shall be taken accordingly on a day or days to be appointed in that behalf by the Minister, being not later than the thirtieth day of April, nineteen hundred and thirty-seven. Such poll may be taken by post.

At such poll proposals shall be submitted in the form in the Schedule to this Act.

Every paying producer shall be entitled to vote at such poll.

Every voter at the poll shall be entitled to one vote only, and shall record his vote by striking out the proposal for which he does not wish to vote.

A proposal under this section shall be deemed to be carried if a majority of the valid votes recorded at the poll is in favour thereof, but not otherwise.

For the purposes of the poll an officer of the Public Service shall be appointed as Returning Officer, and the Returning Officer shall make all necessary arrangements for the conduct of the poll.

On the completion of the poll the Returning Officer shall make a declaration as to the result, and shall forward it to the Minister, who shall cause notice thereof to be published in the Gazette.

The notice so published in the Gazette shall be conclusive evidence of the result of the poll.

The cost of taking the poll shall be paid by the Board.

If at a poll taken under the last preceding section the proposal that the Act be allowed to expire is carried, this Act (except as provided in the next succeeding subsection) shall continue in force only until the thirty-first day of May, nineteen hundred and thirty-seven, and shall then be deemed to be repealed.

At any time before or after the date referred to in the last preceding subsection the Governor-General, if satisfied that adequate provision has been made for the discharge of the Board’s liabilities (if any), may by Order in Council declare the Board to be dissolved as from a date to be specified in the Order, and may in such Order make such provision as he deems equitable with respect to the distribution of the assets of the Board. If an Order in Council is not issued under this subsection before the date referred to in the last preceding subsection, this subsection shall continue in force until an Order in Council issued thereunder takes effect, and shall then be deemed to be repealed.