Meat Act 1939
Meat Act 1939
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Meat Act 1939
Meat Act 1939
Public Act |
1939 No 19 |
|
Date of assent |
6 October 1939 |
|
Contents
An Act to repeal the Slaughtering and Inspection Act, 1908, and its Amendments, and to make Better Provision for the Establishment of Abattoirs by Local Authorities, for the Licensing of Slaughterhouses, for the Inspection of Meat intended for Human Consumption, for the Licensing of Persons carrying on Business as Exporters of Meat, and for Incidental Matters.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
Part I Preliminary
1 Short Title and commencement.
This Act may be cited as the Meat Act, 1939, and shall come into force on the first day of April, nineteen hundred and forty.
2 Interpretation. Ibid., Vol. VIII, p. 649
(1)
In this Act, unless the context otherwise requires,—
“Abattoir” means a slaughterhouse that is registered as an abattoir under this Act:
“Brand” includes any mark or stamp, and also includes any tag or label bearing any mark or stamp:
“Carcass” means the dead body of any animal, and includes any part that has been severed therefrom:
“Controlling authority”, in relation to an abattoir, means the local authority for the time being having control of the abattoir, and includes any person to whom a local authority has delegated its power to establish or to maintain the abattoir:
“Director-General of Agriculture” or “Director-General” means the permanent head of the Department of Agriculture, and includes any person acting for and with the authority of the Director-General in the administration of this Act:
“Disease includes” any of the diseases mentioned in Part I of the First Schedule hereto, and any other disease affecting stock which the Governor-General may declare to be a disease within the meaning of this Act, and also includes advanced pregnancy, recent parturition, and any defect, inferiority, or other condition which in the opinion of an Inspector renders any stock or meat unfit to be used for human consumption:
“Diseased” means infected with or affected by any disease within the meaning of this Act:
“Inspector” means an Inspector appointed for the purposes of this Act:
“Local authority” means, as the case may require, a Borough Council, a County Council, a Town Board, or the Road Board of a road district in a county in which the Counties Act, 1920, is suspended or is not in force:
“Manager”, in relation to an abattoir, includes any person for the time being acting as the deputy of the manager of the abattoir:
“Meat” includes every edible part of any slaughtered stock, whether the same is in its natural state or has been subjected to any freezing, chilling, salting, cooking, canning, or other preservative process:
“Meat-export slaughterhouse” means a slaughterhouse that is for the time being licensed under this Act as a meat-export slaughterhouse:
“Meat-export slaughterhouse license” means a license granted in respect of a meat-export slaughterhouse:
“Meat-producers Board” means the New Zealand Meat-producers Board established under the Meat-export Control Act, 1921–22:
“Minister” means the Minister of Agriculture:
“Premises” means any land or buildings, and includes any ship or any vehicle or conveyance of any kind whatsoever:
“Rural slaughterhouse” means a slaughterhouse that is for the time being licensed under this Act as a rural slaughterhouse:
“Rural slaughterhouse license” means a license granted in respect of a rural slaughterhouse:
“Sale” includes barter:
“Slaughterhouse” means, as the case may require, an abattoir, a meat-export slaughterhouse, or a rural slaughterhouse, and includes all appurtenances thereto:
“Slaughtering-place” includes a slaughterhouse or any other place where stock are slaughtered:
“Stock” includes cattle, sheep, and pigs, and any other animals which the Governor-General may declare to be stock within the meaning of this Act.
(2)
The Governor-General may at any time, by Warrant under his hand, extend the definition of the term “disease”
by declaring any disease that is not specified in Part I of the First Schedule hereto to be a disease within the meaning of this Act, and may in like manner extend the definition of the term “stock”
by declaring animals of any species not specified in that definition to be stock within the meaning of this Act. Any Warrant under this subsection may be at any time in like manner amended or revoked.
(3)
For the purposes of this Act no town district shall be deemed to form part of any county.
Compare: 1908, No. 181, s. 2
3 Administration of Act.
This Act shall be administered by the Director-General of Agriculture acting under the control of the Minister.
4 Appointment of Inspectors and other officers.
There may from time to time be appointed as officers of the Public Service such Inspectors and other officers as may be required for the purposes of this Act.
Compare: 1908, No. 181, s. 28
5 Qualifications of Inspectors.
No person shall be appointed as an Inspector under this Act unless he is registered as a veterinary surgeon under the Veterinary Surgeons Act, 1926, or has passed the prescribed examination and has obtained a certificate from the prescribed authority that he is competent to perform the duties of an Inspector.
6 General powers of Inspectors.
In addition to any other powers or functions that may be conferred on Inspectors by this Act or by regulations thereunder, every Inspector under this Act shall, for the purpose of his duties, have power to enter at any time, on any day of the week, and whether within the hours of his official duties or not, on any land used for depasturing stock, or on any land or other premises used for the holding of stock or used or intended for use in connection with the slaughter of stock, or used or intended for use for the storage of meat or carcasses or for the carriage of stock or meat or carcasses, and may there inspect such land or other premises and any stock or meat or carcasses found thereon or therein.
Compare: 1908, No. 181, ss. 29, 30
Part II Slaughterhouses
Registered Abattoirs
7 Certain local authorities required to establish abattoirs.
(1)
Except as otherwise provided in this Act, it shall be the duty of the Council of every borough having a population of not less than two thousand five hundred, and of the Board of every town district having a like population, to establish and maintain an abattoir for the purposes of its district.
(2)
An abattoir that has been heretofore established and is being maintained at the commencement of this Act shall, for the purposes of this Act, be deemed to have been established thereunder.
(3)
For the purposes of this section the population of any borough or town district shall be deemed and taken at any time to be the population of that borough or town district as appearing in the then latest statistics in relation thereto published by the Government Statistician in accordance with the provisions of the Census and Statistics Act, 1926.
Compare: 1908, No. 181, s. 5
8 Limitation of time for establishment of abattoir by local authority.
(1)
If, on the commencement of this Act, any Borough Council or Town Board that is required by this Act to establish an abattoir has not established an abattoir, it shall establish an abattoir within twelve months after the commencement of this Act or within such extended time (if any) as the Minister may allow.
(2)
If any Borough Council or Town Board that on the commencement of this Act is not required by this Act to establish an abattoir and has not established an abattoir, is, at any time thereafter, by reason of an increase of population, required in accordance with the foregoing provisions of this Act to establish an abattoir, it shall establish such abattoir within twelve months after the publication by the Government Statistician, in accordance with the provisions of the Census and Statistics Act, 1926, of the appropriate statistics relative to the population of the borough or town district, or within such extended time (if any) as the Minister may allow.
Compare: 1908, No. 181, s. 6
9 Certain local authorities may in their discretion establish abattoirs.
(1)
Where the population of any borough or town district, determined as aforesaid, is less than two thousand five hundred, the Borough Council or the Town Board, as the case may be, may, by special order but not otherwise, resolve to establish an abattoir for its district, and may establish an abattoir in accordance with such special order accordingly.
(2)
Any local authority other than a Borough Council or a Town Board may, by special order but not otherwise, resolve to establish an abattoir for its district or, with the approval of the Minister but not otherwise, for any defined part of its district, and may establish an abattoir in accordance with such special order accordingly.
Compare: 1908. No. 181, s. 7
10 Local authorities that have established abattoirs may carry on boiling-down works or other subsidiary undertakings.
(1)
Any local authority that has established an abattoir may, with the approval of the Minister, establish and carry on boiling-down works in connection therewith, and may, with the like approval, carry on any other subsidiary undertaking which in the opinion of the Minister is ancillary to the carrying-on of the abattoir or of the boiling-down works.
(2)
The accounts of the local authority in respect of such boiling-down works or other subsidiary undertaking shall not form part of its accounts in relation to the abattoir.
11 Site and plans of abattoir to be approved by Minister.
(1)
No local authority that is required or empowered to establish an abattoir in accordance with this Act shall proceed to establish an abattoir until the following conditions have been complied with, namely:—
(a)
The site of the proposed abattoir has been approved by the Minister:
(b)
Plans of the abattoir (including its equipment) have been submitted to and have been approved by the Minister.
(2)
The approval of the Minister shall in like manner be obtained by a local authority before it extends or alters the site of the abattoir or proceeds to establish a new abattoir in replacement of a former abattoir, or proceeds to reconstruct or extend or make any substantial structural alterations of the abattoir.
Compare: ibid., s. 8 1927, No. 57, s. 2(3)
12 Power to borrow to provide for establishment of abattoir.
(1)
Any local authority that is required by this Act to establish an abattoir for its district may, by special order and without taking the steps prescribed by sections nine to thirteen of the Local Bodies’ Loans Act, 1926, but subject to the provisions of the Local Government Loans Board Act, 1926, raise a special loan for the purpose of establishing an abattoir.
(2)
Any local authority that, whether before or after the commencement of this Act, has established an abattoir may, by special order and without taking the steps prescribed by sections nine to thirteen of the Local Bodies’ Loans Act, 1926, but subject to the provisions of the Local Government Loans Board Act, 1926, raise a special loan for the reconstruction or extension of the abattoir.
(3)
If any local authority that is empowered to establish an abattoir for its district or a defined part thereof submits to a poll of ratepayers a proposal to raise a special loan under the Local Bodies’ Loans Act, 1926, for the establishment or reconstruction or extension of an abattoir, the proposal shall, notwithstanding the provisions of section twelve of that Act, be deemed to be carried if more than one-half of the total number of valid votes recorded at the poll are in favour of the proposal.
(4)
Notwithstanding anything to the contrary in any other Act, no ratepayer shall have more than one vote at any poll taken for any of the purposes of this section.
(5)
For the purposes of this section the terms “reconstruction”
and “extension”
, in relation to an abattoir, include the replacement of an abattoir that has been destroyed or has become obsolete, the acquisition of any land or the erection of any building for the purposes of the abattoir, and the equipment or re-equipment of the abattoir.
Compare: 1927, No. 57, s. 2 1908, No. 181, s. 10
13 Location of abattoir.
(1)
Except as provided in the next succeeding subsection, a local authority shall not establish an abattoir elsewhere than within its own district.
(2)
An abattoir may be established by a local authority in the district of another local authority with the consent of that local authority. If any local authority refuses to consent to the establishment within its district of an abattoir by any other local authority, a Stipendiary Magistrate, on application by the local authority proposing to establish the abattoir may, in his discretion, refuse to authorize the establishment of the abattoir, or authorize the establishment of the abattoir subject to such conditions (if any) as he thinks fit, after considering any representations that may be made to him by the local authority in whose district it is proposed to establish the abattoir.
Compare: 1908, No. 181, s. 14
14 Two or more local authorities may combine to establish abattoir.
(1)
Notwithstanding anything in the foregoing provisions of this Act, any two or more local authorities (whether required by this Act to establish an abattoir or not) may, with the approval of the Minister, combine, subject to such terms and conditions as may be mutually agreed upon, to establish an abattoir for their respective districts or defined parts thereof, or any local authority that has established an abattoir may, with the approval of the Minister, enter into an agreement with any other local authority to make the abattoir available for the whole or any defined part of the district of such other local authority.
(2)
In any case to which the last preceding subsection applies, such one of the local authorities as is agreed upon in that behalf by the local authorities concerned shall in respect of the abattoir be deemed to be the controlling authority.
Compare: 1908, No. 181, s. 15(d)–(f)
15 Abattoir districts.
(1)
For every abattoir there shall be an abattoir district, constituted in accordance with the following provisions of this section.
(2)
Except as otherwise provided in this section, the district of the local authority by which the abattoir has been established shall be the abattoir district.
(3)
Where a local authority that is empowered by subsection two of section nine of this Act to establish an abattoir has established an abattoir for a defined part of its district, the part so defined shall be the abattoir district. Such defined part may from time to time, with the approval of the Minister but not otherwise, be altered by resolution of the local authority.
(4)
Where, in accordance with the last preceding section, two or more local authorities have combined to establish an abattoir, or where an abattoir established by one local authority has been made available for the whole or a defined part of the district of another local authority, the whole of the area for which the abattoir has been established or is available shall be the abattoir district. Such area may from time to time, with the approval of the Minister but not otherwise, be altered by resolutions of the local authorities concerned.
(5)
The Minister, on application made by any local authority that has established or is about to establish an abattoir, may, by order made under his hand and published in the Gazette, declare that the whole or a defined part of the district of any other local authority shall be included in the abattoir district. Before making an order under this subsection the Minister shall cause such investigations to be made as he thinks fit, and shall give to every local authority affected by the application a reasonable opportunity to make such representations with respect to the application as it thinks fit.
(6)
Any order made by the Minister under the last preceding subsection may be at any time in like manner amended or revoked.
(7)
Where an abattoir district comprises part only of the district of any local authority or comprises the districts or part of the districts of two or more local authorities the Minister shall, at the expense of the controlling authority, cause to be published in the Gazette a notice specifying the controlling authority of the abattoir and a description of the abattoir district. On any alteration pursuant to this section of the boundaries of the abattoir district a like notice shall be published in the Gazette.
16 Local authority may delegate power to establish abattoir.
(1)
Any local authority that by this Act is required to establish or to maintain an abattoir, or any local authority that, in accordance with section nine hereof, has made a special order for the establishment of an abattoir, may, with the approval of the Minister, delegate to any fit person or persons (including a company) its power to establish or to maintain the abattoir.
(2)
Every instrument of delegation by a local authority under this section shall be by deed under the seal of the corporation, and shall be signed by or on behalf of the person or persons to whom the delegation is made. Where the delegation is to a company, the seal of the company shall be affixed to the instrument of delegation.
(3)
Every such instrument of delegation shall contain only such terms, conditions, and provisions as the Minister may approve, and shall operate as an agreement between the local authority and the person or persons to whom the delegation is made.
(4)
The person or persons to whom any delegation is made as aforesaid shall, while the instrument of delegation continues in force, be deemed to be the controlling authority of the abattoir, and in relation to the abattoir shall, subject to the provisions of this Act and of the instrument of delegation, have all the rights, powers, duties, and functions which the local authority would have had if the instrument of delegation had not been executed.
(5)
Every instrument of delegation under this section shall contain provisions for the termination of the delegation if the person or persons to whom the delegation is made fail to establish the abattoir, or to maintain its efficiency (having regard to the requirements of the district) or for any other sufficient reason. In the event of the termination of the delegation, the obligation of the local authority to establish an abattoir, or to maintain an abattoir, as the case may be, shall be immediately revived.
Compare: 1908, No. 181, s. 15(a)–(c)
17 Registration of abattoirs.
(1)
Forthwith after the establishment of an abattoir in accordance with the foregoing provisions of this Act, the controlling authority shall in the prescribed form make application to the Director-General for the registration of the abattoir. Every such application shall be accompanied by the prescribed fee, not exceeding five pounds.
(2)
On receipt of such application and on being satisfied that the requirements of this Act and of the regulations thereunder in relation to the abattoir have been complied with, the Director-General shall issue to the controlling authority a certificate of registration in the prescribed form.
(3)
The registration of an abattoir under this Act may be at any time cancelled by the Governor-General in Council if he is satisfied that the abattoir or its equipment has been allowed to fall into disrepair or to become insanitary or has become inadequate for the requirements of the district, or that for any other reason the abattoir has ceased to be a suitable place for the slaughter of stock intended for human consumption.
(4)
On the cancellation of the registration of an abattoir maintained by or on behalf of a local authority that is required by this Act to maintain an abattoir for its district, it shall be the duty of that local authority to establish a new abattoir, or to reconstruct or re-equip the former abattoir, as the case may require, and to register or re-register the abattoir, within such time as the Minister may allow in that behalf.
Compare: 1908, No. 181, s. 12
18 Controlling authority to notify registration of abattoir.
(1)
Forthwith after receipt of the certificate of registration the controlling authority shall, by advertisement published in one or more newspapers circulating in the abattoir district, give public notice of the registration of the abattoir, and of the fact that it will be available for the slaughter of stock on and after a date to be specified in the advertisement, being not earlier than fourteen days and not later than twenty-eight days after the date of the first publication of such notice.
(2)
It shall be the duty of the controlling authority to make the abattoir available for the slaughter of stock on the date specified in the notice in that behalf, and thereafter, while the certificate of registration continues in force, to keep the abattoir available for the slaughter of stock:
Provided that the controlling authority of the abattoir, or the Manager acting with the authority or under the direction of the controlling authority, may refuse to accept any stock for slaughter if the controlling authority or Manager has reason to believe or suspect that any of the meat to be derived from such stock is intended for human consumption elsewhere than in the abattoir district.
Compare: 1908, No. 181, s. 13
19 Manager of abattoir.
(1)
For every registered abattoir there shall at all times be a Manager, to be appointed as such by the controlling authority.
(2)
The Manager shall, under the direction of the controlling authority, be charged with the general management of the abattoir, and, in addition, shall have in relation to the abattoir such special powers, duties, and functions (if any) as may from time to time be conferred or imposed on him by regulations made under this Act or by by-laws or rules made by the controlling authority in accordance with this Act.
Compare: ibid., s. 18
20 Restrictions upon slaughter of stock in abattoir district elsewhere than in registered abattoir.
After an abattoir has become available for the slaughter of stock and so long as it continues to be so available no stock intended for human consumption shall (except as provided in section forty-six hereof) be slaughtered within the abattoir district elsewhere than—
(a)
In the abattoir; or
(b)
In a meat-export slaughterhouse.
Compare: 1908, No. 181, s. 17
21 Sale of meat for consumption in abattoir district.
(1)
Subject to the provisions of section forty-six hereof no person in an abattoir district or elsewhere shall sell, and no person in an abattoir district shall expose for sale or have in his possession for the purposes of sale, any meat derived from stock slaughtered elsewhere than in an abattoir or in a meat-export slaughterhouse if such meat is intended for human consumption in any abattoir district.
(2)
Where any meat is found on premises used by any person for the sale of meat or for the storage of meat intended for sale it shall, for the purposes of this section, be deemed to be in the possession of that person for sale for human consumption unless and until the contrary is proved.
(3)
Where any person is charged with an offence against this section, the burden of proving that the meat to which the proceedings relate was derived from stock slaughtered in an abattoir or in a meat-export slaughterhouse, or (as the case may require) that such meat was not intended for human consumption in an abattoir district shall be on the defendant.
(4)
For the purposes of this section meat shall be deemed to be sold if it forms part of a meal for which payment is made or which is supplied to any person (whether in accordance with the terms of a contract of service or otherwise) who is employed by the person by whom such meal is supplied.
Compare: ibid., s. 17
22 Controlling authority may make by-laws or rules relating to use of abattoir, and other matters.
(1)
The controlling authority of an abattoir (including any person to whom a local authority has delegated its powers and functions in respect of the abattoir in accordance with section sixteen hereof) may from time to time make by-laws (where the controlling authority is a local authority) or rules (in any other case), not inconsistent with this Act or with any regulations thereunder:—
(a)
Regulating the working and management of the abattoir:
(b)
Prescribing rates of charges to be payable to the controlling authority in accordance with the next succeeding subsection by persons on whose account any stock is slaughtered in the abattoir:
(c)
Prescribing rates of fees to be paid to the controlling authority in accordance with subsection three hereof in respect of meat sold for consumption within the abattoir district and derived from stock slaughtered in another abattoir or in any meat-export slaughterhouse:
Provided that no fees shall be prescribed under this paragraph in respect of canned meat or of cured bacon or ham or in respect of meat intended for canning or of pork intended for curing as bacon or ham:
(d)
Prescribing particulars of returns to be furnished to the controlling authority in respect of meat sold for consumption in the abattoir district and derived from stock slaughtered elsewhere than in the abattoir, and prescribing the person or persons required to furnish any such return.
(2)
With respect to by-laws or rules made under paragraph (b) of the last preceding subsection the following provisions shall apply:—
(a)
Such by-laws or rules shall specify the several services for which charges shall be payable, and shall fix separately for each class of stock and for each specified service in relation thereto the charge payable in respect thereof. The charge fixed for any specified service as aforesaid shall be a bona fide and reasonable charge, having regard to the cost involved in rendering that service:
(b)
In addition to the charges for specified services, there may be fixed a charge for inspection and a charge for the use of the abattoir:
(c)
The charge for inspection shall not exceed the prescribed fees payable by the controlling authority for the inspection of stock slaughtered in the abattoir or of the meat derived therefrom:
(d)
The charge for the use of the abattoir shall be fixed, having regard to the cost of establishing and maintaining the abattoir (exclusive of inspection fees and of the cost of rendering any services for which specific charges are made), and shall be fixed separately in respect of each class of stock slaughtered in the abattoir. In fixing a charge for the use of the abattoir, the several items by reference to which the charge is fixed shall be specified in the by-laws or rules, and the by-laws or rules shall not be approved by the Minister, in accordance with subsection seven of this section, if in his opinion any such item should be the subject-matter, in whole or in part, of a charge for a specified service.
(3)
The fees to be paid to the controlling authority pursuant to by-laws or rules made under paragraph (c) of subsection one hereof shall, in the case of meat derived from stock slaughtered in an abattoir, be payable by the person by whom the meat was sold or deemed to have been sold for consumption in the abattoir district, or, in the case of any such meat in respect of which there has been more than one sale, such fees shall be payable by the person by whom that meat was first sold or deemed to have been sold for consumption in the abattoir district. In the case of meat derived from stock slaughtered in a meat-export slaughterhouse, such fees shall be payable by the licensee of that slaughterhouse. Such fees shall be fixed separately for different classes of stock, and shall be fixed at a rate per head of each such class. The rate shall be the same as the rate of the charge made for the use of the abattoir in respect of stock of the same class slaughtered therein.
(4)
Where part only of the meat derived from any stock slaughtered elsewhere than in the abattoir is sold for consumption in the abattoir district, the number of stock in respect of which fees shall be payable under the last preceding subsection shall be ascertained in accordance with the following rules:—
(a)
The controlling authority shall in its by-laws or rules fix, in respect of each class of stock, a fair average dressed weight of stock of such class:
(b)
The number of stock of any class in respect of which fees shall be payable as aforesaid shall be ascertained by dividing the actual weight of meat derived from stock of that class and sold for consumption in the abattoir district by the fair average dressed weight of stock of that class.
(5)
Where any meat derived from stock that has been slaughtered in an abattoir or a meat-export slaughterhouse is sold to a purveyor of meat carrying on business in an abattoir district or is sold to any person resident in an abattoir district, it shall, for the purposes of this section, be deemed to be sold for consumption in that district unless and until the contrary is proved.
(6)
All charges and fees payable to the controlling authority pursuant to any by-laws or rules made under this section shall be recoverable by the controlling authority by action in any Court of competent jurisdiction or by distress and sale of any stock, meat, carcasses, or hides for the time being in the abattoir on account of any person by whom such charges or fees are payable.
(7)
Notwithstanding anything in the foregoing provisions of this section, no by-laws or rules made thereunder shall come into force unless and until they have been approved by the Minister. The Minister may at any time disallow, in whole or in part, any by-law or rule theretofore approved by him, by giving to the controlling authority not less than three months’ notice in writing of his intention so to do.
(8)
Every person who fails to furnish any return required to be furnished pursuant to by-laws or rules made under this section or who furnishes any return which to his knowledge is false or misleading in any material particular, or who commits any other breach of any such by-law or rule, shall be guilty of an offence against this Act.
(9)
By-laws made by any local authority for the purposes of this section shall be made in the same manner as other by-laws are required to be made by that local authority.
Compare: 1910, No. 57, s. 3; 1936, No. 6 (Local), ss. 3,4
23 Local authorities to make refunds if charges or fees in respect of abattoirs are excessive.
(1)
Every local authority that is the controlling authority of an abattoir shall, not later than the thirtieth day of June in each year, prepare a statement showing its income and expenditure in respect of the abattoir for the year ended on the preceding thirty-first day of March, and shall forthwith furnish a copy of such statement to every person by whom any fees or charges have been paid to the local authority in respect of the abattoir in that year, or shall forthwith publish a copy of such statement in a newspaper circulating in the abattoir district. If in respect of the year to which any such statement relates the local authority is required to make any refund of fees or charges in accordance with this section, it shall give public notice of the period within which claims for refunds will be received by the local authority and shall give to every person who is entitled to receive the refund of any amount not less than five pounds notice of the fact that he is entitled to such refund.
(2)
If the fees and charges paid or payable to the local authority in any year pursuant to this Act (together with all moneys received or receivable from any other source in connection with the abattoir but not including revenues derived by the local authority from any boiling-down works or other separate undertaking that is carried on as ancillary to the abattoir) exceed the cost of the abattoir for that year, the local authority shall, as soon as practicable, distribute the amount of the surplus by way of refund among the several persons who have paid charges in respect of stock slaughtered in the abattoir in that year or have paid fees in respect of meat derived in that year from stock slaughtered elsewhere than in the abattoir, in proportion to the total amount of the charges or fees paid by them as aforesaid:
Provided that the local authority, with the approval of the Minister, may accumulate the surpluses for distribution of the total amount at the end of two or more years if it is of opinion that the cost involved in distributing the surplus for any year would, having regard to the amount available for distribution, be disproportionately high, or, with the like approval, may deal with any surplus as provided in subsection five hereof:
Provided also that in any distribution no refund shall be made to any person if the amount payable to him would be less than five shillings. Any moneys to which this proviso applies shall be paid by the local authority into a renewal or depreciation fund established by it in respect of the abattoir or into a sinking fund established by it in respect of moneys borrowed or advanced by the local authority for the purposes of the abattoir.
(3)
Notwithstanding anything in the last preceding subsection, any moneys payable thereunder by way of refund may be paid by the local authority to any person who in its opinion is entitled to receive payment thereof, instead of to the person who actually paid the charges or fees in respect of which the refunds are made. Any payment made under the authority of this subsection shall to the extent thereof discharge the local authority from its liability to make the refund in respect of which such payment is made.
(4)
If any moneys payable by way of refund under the foregoing provisions of this section or under the corresponding provisions of any enactment repealed by this Act are not claimed within six months after the date on which they have been made available for payment they shall, pending the making of a proper claim in respect thereof, be paid by the local authority into any renewal or depreciation fund that has been established by it in respect of the abattoir or into any sinking fund that has been established by it in connection with any moneys borrowed or advanced by the local authority for the purposes of the abattoir. No claim in respect of any such moneys shall be received or entertained by the local authority unless it is made within twelve months after the date on which the moneys have been made available for payment.
(5)
If the fees and charges paid or payable to the local authority in any year in respect of the abattoir, together with any former undistributed surplus that with the approval of the Minister is taken into account for the purposes of this subsection, are less in the aggregate than the cost of the abattoir for that year the deficiency shall be carried forward and deemed to form part of the cost of the abattoir for the next succeeding year.
(6)
For the purposes of the foregoing provisions of this section the cost of the abattoir for any year shall be deemed to include, in addition to the expenditure actually incurred in maintaining the abattoir, the following items, namely:—
(a)
Interest on moneys borrowed for the purposes of the abattoir (whether by way of bank overdraft or otherwise) and not repaid:
(b)
Interest (to be computed at a rate not exceeding the rate for the time being charged to local authorities on bank overdrafts) on any moneys advanced by the local authority from its general fund or account for the purposes of the abattoir:
(c)
Any moneys paid or payable by way of sinking fund or instalments of principal in connection with any moneys borrowed or advanced by the local authority as aforesaid:
(d)
The amount (if any) that has been actually appropriated by the local authority and paid to a renewal or depreciation fund established in respect of the abattoir for the purpose of making provision for renewing or replacing the abattoir premises or the equipment or any part of the equipment that may become worn out, obsolete, or otherwise unfit for use in connection with the abattoir (such amount not to exceed in any year an amount equal to the sum of one and one-half per centum of the value for the time being of the buildings and seven per centum of the value for the time being of the plant and equipment belonging to the local authority in respect of the abattoir):
(e)
Reasonable provision for bad debts and discounts:
(f)
The costs of and incidental to the raising of any loan for abattoir purposes (including such amounts, if any, as may in the opinion of the Audit Office be reasonable for the writing-off from year to year of the preliminary expenses and costs incurred by the local authority before the commencement of this Act in connection with the raising of any loan for purposes of the abattoir):
(g)
Actual payments made by the local authority to provide for the payment of pensions or retiring-allowances (with or without other benefits) for persons employed by the local authority in connection with the abattoir:
(h)
Any amount appropriated by the local authority for the purpose of establishing or maintaining a fund to provide for the payment of compensation or damages to or in respect of workers employed by the local authority in connection with the abattoir:
(i)
Premiums paid by the local authority in respect of insurance against any loss or risk in connection with the abattoir or in respect of workers employed by the local authority in connection with the abattoir:
(j)
Any legal expenses reasonably incurred by the local authority in respect of the abattoir:
(k)
Such other items (if any) as the Minister, on the application of the local authority, may allow.
1933, No. 30
(7)
Every local authority to which this section applies shall be required to establish a renewal or depreciation fund in respect of the abattoir. In the case of a Borough Council all the provisions of Part XI of the Municipal Corporations Act, 1933, with respect to depreciation funds shall apply as if the establishment and maintenance of the abattoir were a trading undertaking within the meaning of the said Part. In the case of any other local authority those provisions shall, with any necessary modifications, apply as if the controlling local authority were a Borough Council. Any renewal or depreciation fund established by any local authority in respect of an abattoir before the commencement of this Act shall be deemed to be established in accordance with this section.
(8)
Nothing in this section shall apply in any case where the powers of a local authority in respect of an abattoir have been delegated in accordance with section sixteen hereof.
Compare: 1908, No. 181, s. 27; 1936, No. 6 (Local), s. 3
Meat-export Slaughterhouses
24 Slaughterhouse may be licensed as a meat-export slaughterhouse.
No premises shall be used as a meat-export slaughterhouse unless such premises are licensed as a meat-export slaughterhouse in accordance with the following provisions of this Act in that behalf.
Compare: 1908, No. 181, s. 25
25 Licenses in respect of meat-export slaughterhouses to be issued by local authorities.
All licenses in respect of meat-export slaughterhouses shall be issued by the local authorities of the districts in which the premises used or intended to be used as meat-export slaughterhouses are respectively situated. No such license shall be issued without the consent of the Minister.
Compare: ibid., s. 26
26 Special provisions as to new premises proposed to be erected for purposes of meat-export slaughterhouse.
(1)
Where any person proposes to erect any premises or to reconstruct or adapt any existing premises with intention that they shall be used as a meat-export slaughterhouse, he shall, before the work is commenced, submit the plans and specifications thereof to the Minister, and shall at the same time give to the local authority concerned notice that the plans and specifications have been submitted to the Minister in accordance with this section.
(2)
On receipt of such plans and specifications the Minister shall take into consideration the following matters, namely:—
(a)
Whether or not there is any economic necessity or justification for the proposed work:
(b)
The probable or possible effect of the proposed work, if undertaken, on the ability of other licensees of meat-export slaughterhouses to obtain regular supplies of stock sufficient for the reasonable requirements of their business:
(c)
All such other relevant matters as the Minister thinks proper.
(3)
After consideration of the several matters referred to in the last preceding subsection, the Minister, if he is satisfied with the plans and specifications, may, on the recommendation of the Meat-producers Board, undertake to give his consent to the issue by the appropriate local authority of a meat-export slaughterhouse license in respect of the premises if the premises are completed and a license therefor is duly applied for within twelve months after the date of the Minister’s undertaking to consent to the issue of such license, or within such extended time as the Minister may allow.
Compare: 1934, No. 19, s. 4
27 Notice of intention to apply for meat-export slaughterhouse license.
Before making application to a local authority for a meat-export slaughterhouse license in respect of any premises the intending applicant shall, by advertisement published at least once in each week for two successive weeks in a newspaper circulating in the district wherein the premises are situated, give notice of his intention to apply for a license in respect of those premises. The last of such notices shall be published not earlier than fourteen days and not later than seven days before the date of the application.
Compare: 1908, No. 181, s. 21(b)
28 Application for license.
(1)
Every application for a meat-export slaughterhouse license shall be in the prescribed form addressed to the appropriate local authority, and shall be accompanied by an adequate plan and description of the premises to which the application relates.
(2)
Every such application shall also be accompanied by the prescribed fee, which shall be payable to the local authority.
Compare: ibid., s. 21(a)
29 Grant of meat-export slaughterhouse license.
(1)
On receipt of an application for a meat-export slaughterhouse license in respect of any premises the local authority shall proceed to consider the same, and shall, with the consent of the Minister but not otherwise, issue a license if, after such inquiry and investigation as it thinks necessary, it is satisfied—
(a)
That the applicant is a suitable person to be the holder of a meat-export slaughterhouse license;
(b)
That the requirements of this Act in relation to the application have been complied with; and
(c)
That the situation of the premises to which the application relates is not objectionable, and that the construction of the premises, their equipment, and the available accommodation for stock are satisfactory in all respects.
(2)
Every license in respect of a meat-export slaughterhouse shall be in the prescribed form and shall, unless sooner cancelled or surrendered, continue in force until the thirtieth day of June next after the date on which the license takes effect.
(3)
Every such license may, with the consent of the Minister but not otherwise, be from time to time renewed on payment to the local authority of the prescribed fee.
(4)
The renewal of a meat-export slaughterhouse license shall be for the period ending on the thirtieth day of June next after the date on which the renewal takes effect.
Compare: ibid., ss. 22, 23
30 Minimum requirements as to export of meat from stock slaughtered at meat-export slaughterhouse.
(1)
Notwithstanding anything in the foregoing provisions of this Act, but subject to the provisions of the next succeeding subsection, no license for a meat-export slaughterhouse shall be granted or renewed unless the local authority is satisfied that not less than twenty-five per centum of the meat to be derived from stock slaughtered in the slaughterhouse during the period for which the license is granted or renewed is intended for export.
(2)
Where a meat-export slaughterhouse license or the renewal of such a license is applied for in respect of premises which are used or intended to be used for the slaughter of pigs only, such license shall not be granted or renewed unless the local authority is satisfied that part of the meat to be derived from pigs slaughtered in the slaughterhouse during the period for which the license is granted or renewed is intended for export.
Compare: 1910, No. 57, s. 4
31 Transfer of meat-export slaughterhouse license.
(1)
A meat-export slaughterhouse license may, with the consent of the Minister given on the recommendation of the Meat-producers Board, be transferred to any suitable person, by the local authority in whose district the slaughterhouse is situated, on application in that behalf made to that local authority by the licensee and on payment to the local authority of the prescribed fee.
(2)
Such transfer may be made subject to such conditions, not inconsistent with this Act, as the Minister, on the recommendation of the Meat-producers Board, may approve.
Compare: 1908, No. 181, s. 23(c); 1918, No. 18, s. 7
32 Discretionary power of Minister to give or to withhold consent to issue, renewal, or transfer of license.
(1)
Subject to the provisions of section twenty-six hereof, the Minister may, in his absolute discretion, give or withhold his consent to the issue, renewal, or transfer of any meat-export slaughterhouse license.
(2)
Without in any manner restricting the discretionary power conferred on the Minister by the last preceding subsection, he may withhold his consent to the issue, renewal, or transfer of any such license as aforesaid if he is of opinion, on any grounds that in his discretion he deems sufficient, that the business of the meat-export slaughterhouse has been carried on, or is likely to be carried on, in a manner contrary to the public interest, or if the licensee has been convicted of any offence against this Act or against any Act repealed by this Act in respect of the same or any other slaughterhouse, or has failed, in respect of the same or any other slaughterhouse, to comply with any conditions imposed on the licensee in accordance with the next succeeding section.
(3)
For the purposes of this section the buying of stock to be slaughtered for export shall be deemed to be part of the business of a meat-export slaughterhouse, and the buying of such stock in a manner contrary to the public interest shall accordingly be a ground on which the Minister may withhold his consent to the issue, renewal, or transfer of a license in respect of a meat-export slaughterhouse.
Compare: 1918, No. 18, s. 7; 1934, No. 19, ss. 7, 8
33 Licensee of meat-export slaughterhouse required to accept for slaughter all stock offered by producers and intended for export. 1934, No. 19, s. 5
(1)
It shall be deemed to be a condition of every license issued in respect of a meat-export slaughterhouse that the licensee, at all times while the meat-export slaughterhouse is open for the slaughter of stock intended for export, shall receive for slaughter in that meat-export slaughterhouse all such stock as, being intended for export, is offered on behalf of an owner who, being engaged in the business of producing stock for export, has raised or fattened such stock.
(2)
All stock received as aforesaid shall be so received and shall be slaughtered and handled, and the meat therefrom shall, if the owner so requires, be exported on behalf of the owner, in accordance with such conditions as the Minister, on the recommendation of the Meat-producers Board, may approve, and in consideration of the payment by or on behalf of the owner of such charges and allowances and the fulfilment by the owner of such conditions as may from time to time be approved by the Minister on the recommendation of the said Board.
(3)
The foregoing provisions of this section may, in relation to any meat-export slaughterhouse, be applied by the Minister, on the recommendation of the said Board made after full inquiry and discussion with the parties concerned, so as to require the licensee to receive, slaughter, and handle any stock intended for export and to export the meat derived therefrom on behalf of owners, not being owners to whom subsection one of this section applies. The application of the said provisions may be effected by notice under the hand of the Minister served on the licensee of the meat-export slaughterhouse. Any such notice may apply generally to all such owners or to any specified owner, and may apply particularly to any specified stock or generally to all stock intended for export.
(4)
Notice of the approval by the Minister of the charges, allowances, and conditions referred to in subsection two hereof shall be given in writing to the licensee. Any such notice may be of general application or may relate to any particular stock or to any particular kind or class of stock.
(5)
For the purposes of this section stock shall be deemed to be intended for export if any part of the meat to be derived therefrom is intended for export.
34 Effect of a meat-export slaughterhouse license.
(1)
While a license in respect of a meat-export slaughterhouse is in force it shall be lawful, subject to the provisions of this Act and to the terms and conditions of the license, to slaughter stock in the slaughterhouse to which the license relates (whether the meat derived from such stock is intended for consumption in New Zealand or is intended for export).
(2)
Where meat derived from stock that is slaughtered in a meat-export slaughterhouse is sold by the licensee or any other person for consumption in an abattoir district, the licensee shall be liable to pay to the controlling authority of the abattoir the appropriate fees in respect thereof, as fixed in accordance with the provisions of section twenty-two hereof.
Compare: 1908, No. 181, s. 27
35 Minister may impose conditions to be observed by licensees of meat-export slaughterhouses. 1934, No. 19, s. 2
(1)
The Minister, acting on the recommendation of the Meat-producers Board, may at any time during the currency of a license granted in respect of any meat-export slaughterhouse, by notice under his hand given to the licensee, fix with respect to any period or periods to be specified in that behalf in the notice—
(a)
The maximum number of stock that may be slaughtered in the slaughterhouse during any such period; or
(b)
The maximum number of any specified kind or specified class of stock that may be so slaughtered during any such period.
(2)
Any such notice may on a like recommendation be at any time in like manner amended or revoked.
(3)
The licensee of any meat-export slaughterhouse in which any stock is slaughtered contrary to the terms of any notice given by the Minister pursuant to this section commits an offence, and shall be liable on summary conviction before a Stipendiary Magistrate to a fine of one hundred pounds for every day in any period on which any stock is so slaughtered after the maximum number of stock or the maximum number of any specified kind or specified class of stock, as the case may be, fixed by the Minister for slaughter during that period, has been slaughtered.
36 Structural alterations of meat-export slaughterhouse to be made only with approval of Minister. 1934, No. 19, s. 3.
(1)
No additions to or structural alterations of any meat-export slaughterhouse or no increase of its freezing-power shall be made during the currency of a license granted in respect of such meat-export slaughterhouse except with the prior approval of the Minister given on the recommendation of the Meat-producers Board.
(2)
For the purposes of this section the term “meat-export slaughterhouse”
includes all cooling, freezing, and storage chambers used for the purposes of or in conjunction with a meat-export slaughterhouse, whether such chambers are erected on land appurtenant to such slaughterhouse or not.
(3)
In considering any application under this section for approval of any proposed addition to or structural alteration of any meat-export slaughterhouse, or of any proposed increase of the freezing-power of any such slaughterhouse, the Minister and the Meat-producers Board shall take into consideration—
(a)
Whether or not there is any economic necessity or justification for the proposed work:
(b)
The probable or possible effect of the proposed work, if undertaken, on the ability of other licensees of meat-export slaughterhouses to obtain regular supplies of stock sufficient for the reasonable requirements of their business:
(c)
All such other relevant matters as the Minister or the said Board thinks proper.
(4)
The licensee of any meat-export slaughterhouse who makes or commences to make, or permits or causes to be made, any additions to or any structural alterations of the meat-export slaughterhouse without having obtained the approval of the Minister or otherwise than in accordance with plans and specifications approved by the Minister, or who increases the freezing-power of such slaughterhouse without having obtained such approval, commits an offence, and shall he liable on summary conviction before a Stipendiary Magistrate to a fine of five hundred pounds.
Rural Slaughterhouses
37 Rural slaughterhouses.
(1)
The local authority of any district may, subject to the provisions of this Act in that behalf, issue in respect of premises situated within the district of that local authority a license for a slaughterhouse that is not a meat-export slaughterhouse:
Provided that (except as provided in the next succeeding subsection) a license shall not be issued under this section in respect of any premises situated within an abattoir district or within three miles of an abattoir district by the nearest available road.
(2)
Nothing in the proviso to the last preceding subsection shall be construed to prohibit the renewal of any license that is in force on the commencement of this Act or of any license that may lawfully be issued at any time after the commencement of this Act in respect, in either of such cases, of a slaughterhouse that, at the date of renewal, is situated outside the boundaries of an abattoir district.
(3)
Every slaughterhouse in respect of which a license is issued under this section is hereinafter in this Act referred to as a rural slaughterhouse.
(4)
For the purposes of this Act every license in force on the commencement of this Act, in respect of a slaughterhouse other than a meat-export slaughterhouse, shall be deemed to be a rural slaughterhouse license, and the slaughterhouse shall be deemed to be a rural slaughterhouse.
Compare: 1908, No. 181, ss. 19, 20
38 Notice of intention to apply for license for rural slaughterhouse.
Before making application to a local authority for a license for a rural slaughterhouse, the intending applicant shall, by advertisement published once in each week for two successive weeks in a newspaper circulating in the district wherein the premises are situated, give notice of his intention to apply in respect of those premises for a license for a rural slaughterhouse. The last of such notices shall be published not earlier than fourteen days and not later than seven days before the date of the application.
Compare: ibid., s. 21(b)
39 Application for license for rural slaughterhouse.
(1)
Every application for a license in respect of a rural slaughterhouse shall be in the prescribed form, addressed to the appropriate local authority, and shall be accompanied by an adequate plan and description of the premises to which the application relates.
(2)
Every such application shall also be accompanied by the prescribed fee, which shall be payable to the local authority.
Compare: 1908, No. 181, s. 21(a)
40 Grant of license for rural slaughterhouse.
(1)
On receipt of an application for a license in respect of any premises intended to be used as a rural slaughterhouse, the local authority shall proceed to consider the same, and shall, with the consent of the Minister but not otherwise, issue a license if, after such inquiry and investigation as it thinks necessary, it is satisfied—
(a)
That the applicant is a suitable person to be the holder of a rural slaughterhouse license;
(b)
That the requirements of this Act in relation to the application have been complied with; and
(c)
That the situation of the premises to which the application relates is not objectionable, and that the construction of the premises, their equipment, and the available accommodation for stock are satisfactory in all respects.
(2)
Every license in respect of a rural slaughterhouse shall be in the prescribed form, and shall, unless sooner cancelled or surrendered, continue in force until the thirtieth day of June next after the date on which the license begins to take effect.
(3)
Every such license may be from time to time renewed on payment to the local authority of the prescribed fee.
(4)
The renewal of a license in respect of a rural slaughterhouse shall be for the period ending on the thirtieth day of June next after the date on which the renewal takes effect.
Compare: ibid., ss. 22, 23
41 Effect of license issued in respect of rural slaughterhouse.
(1)
While a license for a rural slaughterhouse is in force it shall be lawful to slaughter stock therein for human consumption.
(2)
No meat derived from stock slaughtered in a rural slaughterhouse shall be exported from New Zealand or shall be sold or offered for sale for human consumption in an abattoir district.
(3)
Every person commits an offence against this Act who exports or attempts to export any meat derived from stock that has been slaughtered in a rural slaughterhouse, or who sells any such meat for human consumption in an abattoir district, or who offers any such meat for sale for human consumption in an abattoir district.
(4)
Where any meat derived from stock that has been slaughtered in a rural slaughterhouse is sold to any person carrying on business as a purveyor of meat in an abattoir district or is sold to any person resident in an abattoir district, it shall, for the purposes of this section, be deemed to be sold for human consumption in that district unless and until the contrary is proved.
Compare: ibid., s. 23
General Provisions as to Slaughterhouses
42 Sanitary condition of slaughterhouses.
(1)
It shall be the duty of the Manager of every abattoir and of the licensee of every other slaughterhouse to maintain the slaughterhouse in a proper sanitary condition to the satisfaction of the Inspector and if he fails at any time to do so he shall be guilty of an offence against this Act.
(2)
For the purposes of this section the proper sanitary condition of a slaughterhouse shall be deemed not to be maintained unless the slaughterhouse is kept efficiently lighted, ventilated, cleansed, drained, and provided with a sufficient water-supply; or if any filth, refuse, or anything likely to detrimentally affect the quality of any meat is allowed to remain thereon or therein.
Compare: 1908, No. 181. s. 42
43 Records to be kept at slaughterhouses.
(1)
The Manager of every abattoir and the licensee of every other slaughterhouse shall keep at the slaughterhouse a record-book in which shall be entered daily the following particulars relating to all stock slaughtered at the slaughterhouse during the day namely:—
(a)
The number, species, and sex of the stock:
(b)
The name, occupation, and address of the owner of the stock, or, if the controlling authority or the licensee is the owner, of the person from whom the stock was purchased or obtained, and the date of taking delivery:
(c)
In the case of a rural slaughterhouse, the colour of each head of cattle, and every brand, earmark, or other distinguishing mark on each head of cattle or sheep:
(d)
Such other particulars as may be prescribed.
(2)
If the Manager of an abattoir or the licensee of any other slaughterhouse fails on any day to make in the record-book any entry required to be made in accordance with this section or knowingly makes a false entry therein he shall be guilty of an offence against this Act and shall for every such offence be liable to a fine of ten pounds.
(3)
The record-book shall at all times during working-hours be open to inspection by any Inspector or constable.
Compare: ibid., s. 32
44 Carcasses of stock slaughtered in abattoir or other slaughterhouse to be branded before removal.
Before the carcass of any stock that has been slaughtered in an abattoir or any other slaughterhouse is removed therefrom, it shall (unless it has been condemned as being unfit for human consumption) be branded in the prescribed manner with a brand approved by the Director-General of Agriculture in respect of the premises, and if any carcass is removed in breach of this section, the Manager of the abattoir or the licensee of the slaughterhouse, as the case may be, shall be guilty of an offence against this Act unless he proves to the satisfaction of the Court that the carcass was removed without his knowledge, consent, or connivance.
Compare: 1908, No. 181, s. 37
Prohibitions as to Slaughter of Stock
45 Prohibitions as to slaughter of stock.
(1)
Except as provided in the next succeeding section, it shall not be lawful for any person to slaughter stock that is intended for human consumption or to dress the carcasses of any such stock elsewhere than in—
(a)
A registered abattoir; or
(b)
A licensed meat-export slaughterhouse; or
(c)
A licensed rural slaughterhouse.
(2)
Except as provided in the next succeeding section, it shall not be lawful for any person to sell for human consumption or to have in his possession for sale for human consumption any meat derived from stock that is slaughtered elsewhere than in a registered abattoir or in a licensed meat-export slaughterhouse or a licensed rural slaughterhouse.
(3)
Where any meat is found on premises used by any person for the sale of meat or for the storage of meat intended for sale, it shall, for the purposes of this section, be deemed to be in the possession of that person for sale for human consumption, unless and until the contrary is proved.
Compare: ibid., ss. 17, 19, 27
46 Exemptions from requirements as to slaughter in abattoir or licensed slaughterhouse.
(1)
Nothing in the last preceding section shall apply with respect to—
(a)
The slaughter of stock by any person on land or premises in his own occupation, if the meat derived therefrom is not sold or intended for sale:
(b)
The slaughter of stock for sale for human consumption by any bona fide farmer whose ordinary operations include the raising and fattening of stock, if the following conditions are complied with, namely:—
(i)
The stock is slaughtered on the farm and the slaughtering-place is at all times maintained in a proper sanitary condition to the satisfaction of an Inspector:
(ii)
No part of the farm is within an abattoir district or within a borough or town district or is within six miles by the nearest available road of any abattoir district, borough, or town district:
(iii)
Except with the prior authority in writing of an Inspector, stock of one class only (being not more than one head of cattle or not more than five head of any other stock) shall be slaughtered in any period of seven days:
(iv)
No part of the meat derived from any stock slaughtered as aforesaid shall be sold to any person carrying on business as a bacon-curer or to any butcher or other purveyor of meat, or shall be sold to any person for consumption in an abattoir district or in a borough or town district or within six miles by the nearest available road of an abattoir district, borough, or town district:
Provided that the Minister may, on such grounds and subject to such conditions as he thinks fit, grant to any farmer in respect of pigs slaughtered or proposed to be slaughtered by him, a permit to sell to any person whomsoever the meat or any part of the meat derived from such pigs.
(2)
Notwithstanding anything in subparagraph (ii) or in subparagraph (iv) of paragraph (b) of the last preceding subsection, any meat derived from stock slaughtered on a farm by a bona fide farmer in an abattoir district or elsewhere, but otherwise in accordance with the conditions prescribed by the said paragraph, may be sold by him to any person who is regularly employed by him exclusively in connection with farming operations on the same or any other farm.
(3)
Every person by whom any stock is slaughtered pursuant to the authority of this section shall forthwith enter in a suitable book to be kept by him for the purpose particulars of all stock so slaughtered by him, and, where the meat or any part of the meat derived from such stock is sold, the name and address of the person to whom it is sold. Every such book shall at all reasonable times be open to inspection by an Inspector.
(4)
Where any meat derived from stock slaughtered by any person purporting to act under the authority of paragraph (a) or paragraph (b) of subsection one of this section is supplied for consumption in an abattoir district as part of a meal for which payment is made, such meat shall be deemed, for the purposes of the said paragraphs, to be sold to the person to whom the meal has been supplied.
(5)
Where any meat derived from stock slaughtered by any person purporting to act under the authority of paragraph (b) of subsection one of this section is sold to any person resident in or within six miles of an abattoir district or resident in or within six miles of any borough or town district, it shall, for the purposes of this section, be deemed to be sold for consumption in that district or area unless and until the contrary is proved.
(6)
If, on the slaughter of any stock in accordance with this section, such stock is found to be diseased it shall be the duty of the occupier to cause the carcass forthwith to be burnt or buried, or to be removed to boiling-down works, manure-works, or other place approved for the purpose by an Inspector, there to be so treated that no part of the carcass can be used for human consumption.
Compare: 1908, No. 181, ss. 3, 4
Part III Inspection of Meat and Related Matters
47 Inspection of stock to be slaughtered in abattoir or meat-export slaughterhouse, and of meat derived therefrom.
(1)
No stock shall be slaughtered in any abattoir or meat-export slaughterhouse unless and until it has been inspected by an Inspector and has been approved by him as being suitable for slaughter for human consumption.
(2)
No meat derived from stock slaughtered in any abattoir or meat-export slaughterhouse and intended for human consumption shall be removed from the slaughterhouse unless and until it has been inspected by an Inspector and has been branded in the prescribed manner as being fit for human consumption, and, in the case of meat intended for export, as being fit for export.
(3)
Any Inspector may at any time inspect any meat notwithstanding that it may have been already inspected and have been branded as being fit for human consumption or for export. If on the inspection of any meat in accordance with this subsection the Inspector is of opinion that it is no longer fit for human consumption or fit for export, as the case may be, he shall cancel or remove the brand, and thereupon the meat shall be dealt with as if it had never been branded as aforesaid.
(4)
If on the inspection of any meat in accordance with this section the Inspector is of opinion that it should be treated in any specified manner to render it suitable for human consumption, it shall not, save with the consent of the Inspector, be removed from the slaughterhouse until it has been so treated.
(5)
If any stock is slaughtered contrary to the provisions of this section, or if any meat is removed from an abattoir or a meat-export slaughterhouse contrary to the provisions of this section, the Manager of the abattoir or the licensee of the meat-export slaughterhouse, as the case may be, shall be guilty of an offence against this Act and shall be liable to a fine of fifty pounds, unless he proves to the satisfaction of the Court that such stock was slaughtered or that such meat was removed without his knowledge, consent, or connivance.
Compare: 1908, No. 181, s. 34
48 Mode of dealing with diseased stock.
(1)
If on the slaughter of any stock in an abattoir or other slaughterhouse it is found, whether on inspection by an Inspector or otherwise, that such stock is diseased so as to render any part thereof unfit for human consumption, it shall, subject to the provisions of the next succeeding subsection, be the duty of the Manager of the abattoir or the licensee of the slaughterhouse, as the case may be, to cause the carcass forthwith to be burnt or buried, or to be removed to boiling-down works, manure-works, or other place approved for the purpose by an Inspector, there to be so treated that no part of the carcass can be used for human consumption.
(2)
If on inspection by an Inspector it is found that any part of the meat derived from any stock slaughtered as aforesaid is affected by disease so as to render that part unfit for human consumption, the diseased part (instead of the whole carcass) may, with the authority of the Inspector, be dealt with in the manner prescribed by the last preceding subsection or be otherwise dealt with so that it cannot be used for human consumption.
(3)
If any diseased stock or meat is not dealt with in accordance with the provisions of this section the Manager of the abattoir or the licensee of the slaughterhouse, as the case may be, shall be guilty of an offence against this Act and shall be liable to a fine of fifty pounds, unless he proves to the satisfaction of the Court that the failure to comply with the provisions of this section was without his knowledge, consent, or connivance.
Compare: 1908, No. 181, s. 35
49 Offence to sell diseased meat.
(1)
No person shall sell or offer for sale for human consumption or have in his possession for sale for human consumption, any meat which to his knowledge is diseased, whether or not an Inspector has declared such meat to be diseased.
(2)
For the purposes of this section meat shall, unless and until the contrary is proved, be deemed to be in possession for sale for human consumption if it is kept on premises used for the sale of meat for human consumption or used for the storage of meat intended for sale for human consumption, and any meat that is sold shall be deemed to be sold for human consumption unless and until the contrary is proved.
(3)
Every person who commits an offence against this section shall be liable to a fine of fifty pounds.
Compare: 1908, No. 181. s. 34(c)
50 Compensation for diseased stock.
(1)
Where on the slaughter of any stock for human consumption (whether such stock is slaughtered in a slaughterhouse or elsewhere, and whether the meat derived from such stock was intended for sale or not) it is found to be affected by any of the diseases specified in Part II of the First Schedule hereto so as to render not less than twenty-five per centum of the dressed weight of the carcass unfit for human consumption, the owner of the stock shall, subject to the provisions of this section, be entitled, on application made in accordance with subsection three hereof, to receive compensation therefor, to be computed in accordance with the provisions of the Second Schedule hereto:
Provided that no compensation shall be payable under this section in respect of any stock if, before slaughter, it exhibited obvious symptoms of the disease on account of which the meat derived therefrom is afterwards found to be unfit for human consumption:
Provided also that no compensation shall be payable in respect of any cow, heifer, or bullock if its fair market value, before slaughter, was less than three pounds, or in respect of any sheep or lamb if its fair market value, before slaughter, was less than ten shillings.
(2)
No compensation shall be payable under this section unless the Inspector is satisfied that the stock to which the application relates was in fact affected by a disease specified in Part II of the First Schedule hereto, and that the carcass or the diseased portion thereof has been disposed of in the manner prescribed by subsection six of section forty-six hereof, or by section forty-eight hereof, as the case may be.
(3)
Application for compensation under this section shall be made in the prescribed form to an Inspector, and shall be so made—
(a)
In the case of stock slaughtered in an abattoir or a meat-export slaughterhouse, within the first ten days of the month following that in which the stock was slaughtered:
(b)
In all other cases, within seven days after the stock was slaughtered or within such extended time (not exceeding twenty-one days after the stock was slaughtered) as the Minister may in any case allow.
(4)
All compensation payable under this section shall be paid out of moneys to be appropriated by Parliament for the purpose.
Compare: 1910, No. 57, s. 2
51 Insurance funds may be established to indemnify butchers against loss on account of diseased stock.
(1)
The Governor-General may, by Order in Council, extend so as to apply to and bind all persons for the time being carrying on business as butchers in any defined area, any agreement, whether made before or after the commencement of this Act, by which a majority of the butchers carrying on business in that area bind themselves to contribute to an insurance fund to indemnify them, wholly or in part, from loss due to the condemnation for human consumption of any meat derived from diseased stock.
(2)
Every Order in Council under this section shall define the area to which it relates, and, unless adequate provision therefor is made in the agreement, shall prescribe the rates of contribution to the fund and the person or persons by whom contributions may be recovered.
(3)
Any contribution payable to an insurance fund established as aforesaid may be recovered in any Court of competent jurisdiction as if it were a debt owing by the person liable to pay the same to the person or persons in whom the fund is vested.
(4)
The boundaries of any area defined for the purposes of this section may from time to time be altered by the Governor-General by Order in Council, but shall not be so altered unless the Governor-General is satisfied that a majority of the butchers carrying on business in the area, as proposed to be altered, agree to the alteration of the area.
(5)
Every Order in Council issued under this section shall have effect according to its tenor.
(6)
Any Order in Council under this section may be at any time in like manner revoked.
Compare: 1908, No. 181, s. 36
Part IV Export of Meat
52 Conditions imposed in respect of export of meat.
(1)
No meat shall be exported from New Zealand unless—
(a)
It is derived from stock that has been slaughtered in an abattoir or in a meat-export slaughterhouse:
(b)
It has been inspected by an Inspector and has been passed by him as free from disease and as suitable for export, and is branded in manner prescribed by regulations under this Act:
(c)
It has been properly preserved by freezing, chilling, salting, canning, or other approved method:
(d)
It is properly packed and is actually in good order and condition at the time when it is placed on board ship for export:
(e)
All conditions and restrictions as to shipping or otherwise, imposed in respect of such meat by the Meat-producers Board, have been complied with:
(f)
Any conditions imposed in respect of the entry of such meat into the country to which it is proposed to export it, or in respect of its sale for human consumption therein, have, so far as they can be complied with in New Zealand, been complied with.
(2)
If any person exports or does any act with intent to export any meat contrary to the provisions of this section he shall be guilty of an offence against this Act and shall be liable to a fine of fifty pounds.
Compare: 1908, No. 181, ss. 38, 39, 40
53 Offence to carry on business of meat-exporter except in accordance with license.
(1)
It shall not be lawful for any person to carry on business as a meat-exporter except under the authority and in accordance with the terms of a. meat-exporter’s license granted under this Part of this Act.
Interpretation.
(2)
For the purposes of this Part of this Act the term “meat-exporter”
does not include—
(a)
The holder of a meat-export slaughterhouse license, in respect of the export of meat from stock slaughtered in the slaughterhouse to which the license relates; or
(b)
Any person in respect of the export of meat from stock raised or fattened by him for export,—
but includes every person, firm, or company carrying on the business of exporting meat from New Zealand otherwise than as referred to in paragraph (a) or paragraph (b) of this subsection.
Compare: 1918, No. 18, ss. 2, 3
54 Provisions as to issue of meat-exporters’ licenses.
(1)
Any person desirous of carrying on the business of a meat-exporter may apply to the Minister for a meat-exporter’s license.
(2)
Every application for a meat-exporter’s license shall be in the prescribed form and shall be accompanied by the prescribed fee.
(3)
The Minister may, in his absolute discretion, grant or refuse any such application as he thinks fit.
(4)
Every license granted under this Part of this Act shall be granted subject to the provisions of the Meat-export Control Act, 1921–22.
Compare: ibid., s. 4(1), (2)
55 Duration of meat-exporters’ licenses.
(1)
Every meat-exporter’s license shall be in the prescribed form, and shall, unless sooner revoked or surrendered, continue in force until the thirtieth day of June next after the date on which the license begins to take effect.
(2)
Every such license may be from time to time renewed on payment of the prescribed fee. The renewal of a meat-exporter’s license shall be for the period ending on the thirtieth day of June next after the date on which the renewal takes effect.
(3)
Every meat-export license issued under the Slaughtering and Inspection Amendment Act, 1918, and in force on the commencement of this Act shall, unless sooner revoked or surrendered, continue in force until the thirtieth day of June, nineteen hundred and forty, anything to the contrary in the said license notwithstanding.
Compare: 1918, No. 18, s. 4(3)
56 Revocation of meat-exporters’ licenses. 1934, No. 19, s. 8
(1)
Every license granted under this Part of this Act may be revoked by the Minister at any time before the due date of the expiry thereof if the Minister is of opinion, on such evidence as he deems sufficient, that the licensee has committed a breach of the terms of his license or is carrying on business under the license in a manner contrary to the public interest.
(2)
For the purposes of this section the buying of stock to be slaughtered for export shall be deemed to be part of the business carried on under a meat-exporter’s License, and the buying by the licensee of any such stock in a manner deemed by the Minister to be contrary to the public interest shall accordingly be a ground for the revocation of such license.
Compare: 1918, No. 18, s. 4(3)
57 Penalty for exporting meat otherwise than in accordance with meat-exporter’s license.
(1)
Every person who carries on the business of a meat-exporter otherwise than in accordance with a meat-exporter’s license under this Part of this Act commits an offence, and shall be liable on summary conviction before a Stipendiary Magistrate to a fine not exceeding two thousand pounds, and to an additional fine not exceeding four hundred pounds for every day during which such business is carried on contrary to the terms of a notice, under the hand of the Minister, requiring such business to be discontinued.
(2)
All meat shipped or attempted to be shipped for export from New Zealand by any person carrying on business as a meat-exporter contrary to the provisions of this Part of this Act shall be forfeited to His Majesty, and may be sold or otherwise disposed of in such manner as the Minister directs.
Compare: 1918, No. 18, s. 5
Part V Miscellaneous
58 Minister may investigate the operations of registered abattoirs or the business of licensees under this Act.
(1)
The Minister may from time to time, as he thinks fit, cause an investigation in pursuance of this section to be made into the operations of the controlling authority in respect of any abattoir registered under this Act, or into the business of the holder of any slaughterhouse license or meat-exporter’s license granted under this Act.
(2)
For the purposes of any such investigation the Minister may by order in writing signed by him require the controlling authority of the abattoir or the licensee, as the case may be, to produce for the inspection of any person nominated in that behalf by the Minister any books or documents in the possession or control of the controlling authority or the licensee relating to any matter affecting the operations of the controlling authority in respect of the abattoir or the business of the licensee, as the case may be, and to allow copies of or extracts from such books or documents to be made by the person so inspecting them.
(3)
Every person who fails to comply with any order of the Minister under this section or who deceives or obstructs or attempts to deceive or obstruct any person nominated by the Minister as aforesaid in the conduct of any such investigation shall be liable on summary conviction before a Stipendiary Magistrate to a fine of one hundred pounds.
(4)
All information obtained by the Minister or by any other person by means of any investigation under this section shall be treated as confidential save for the purposes of this Act.
59 Inspector may prohibit use of insanitary premises for stock or meat.
(1)
If an Inspector is of opinion that any premises are, by reason of their insanitary condition or for any other reason, unsuitable for the collection, holding, storage, or carriage of stock or meat, he may, by writing addressed to the occupier of the premises or to the person for the time being in charge or appearing to be in charge thereof, order the removal therefrom of any stock or meat, and may prohibit the use of such premises for any of the aforesaid purposes, either absolutely or until the defective condition has been remedied to his satisfaction.
(2)
If any person fails to comply with any order given by an Inspector under this section he shall be guilty of an offence against this Act.
Compare: 1908, No. 181, ss. 30, 31
60 Prevention of undue suffering by stock.
(1)
If an Inspector is of opinion that undue suffering is being caused to any stock by reason of overcrowding, insufficient shelter, insanitary conditions, want of food or drink, or otherwise howsoever, he may require the owner or person for the time being in charge or appearing to be in charge of such stock to take such steps as the Inspector considers necessary or desirable in order to prevent or mitigate such suffering, or the Inspector may himself take any such steps.
(2)
All expenses incurred by an Inspector in the exercise of the powers conferred by this section may be recovered as a debt due to the Crown from the owner of the stock, or from the person in charge of the stock at the time when such expenditure was incurred.
(3)
If any person refuses or wilfully fails to comply with any requirements of the Inspector under this section he shall be guilty of an offence against this Act.
(4)
Nothing in this section shall relieve any person from any liability that he may have incurred in respect of cruelty to animals or otherwise than under this section.
Compare: ibid., ss. 30(c), 31(b)
61 Prohibiting destruction of skins or removal of brands or other distinguishing marks.
(1)
It shall not be lawful for any person, without a good and sufficient reason,—
(a)
To destroy or to attempt to destroy the skin from the carcass of any stock:
(b)
To remove an ear from any such skin:
(c)
To remove any earmark, brand, or other distinguishing-mark from any such skin, or to deface any such mark:
(d)
To be in possession of any skin from which any ear or any earmark, brand, or other distinguishing-mark has been removed, or on which any such mark has been defaced or destroyed:
(e)
To purchase the skin of any stock, knowing that an ear, or any earmark, brand, or other distinguishing-mark has been removed therefrom, or that any distinguishing-mark thereon has been defaced or destroyed.
(2)
In any proceedings for an offence against this section the onus shall be on the defendant to satisfy the Court that he had a good and sufficient reason for doing the act in respect of which the proceedings have been taken or, as the case may be, for being in possession of the skin in respect of which such proceedings have been taken.
(3)
Where in any proceedings under this section any person is proved to have been in possession of any skin from which any ear or any earmark, brand, or other distinguishing-mark has been removed, or on which any such mark has been defaced or destroyed, he shall, unless and until he proves the contrary, be deemed to have removed, defaced, or destroyed (as the case may be) such ear, or such earmark or other distinguishing-mark.
Compare: 1908, No. 181, s. 44
62 Inspection of skins of slaughtered stock.
(1)
Any Inspector or any constable shall have the right at any time to inspect the skins of any slaughtered stock (wherever such stock has been slaughtered and wherever such skins may be found).
(2)
On the request of any Inspector or constable the Manager of an abattoir or the licensee of any other slaughterhouse or the occupier of any other premises in or on which any stock has been or appears to have been slaughtered shall furnish to him in writing full particulars as to the person or persons from whom the stock was received for slaughter and as to the disposition of the skins, and the occupier or other person for the time being in charge of the premises on which any such skins are found shall, on a like request, furnish to any Inspector or to any constable full particulars as to the person or persons from whom such skins were received or on whose account they are held.
(3)
If any person refuses to furnish any particulars in accordance with the last preceding subsection, or furnishes any particulars that to his knowledge are false or misleading in any material particular, he shall be guilty of an offence against this Act.
Compare: 1908, No. 181, s. 45
63 Inspector may demand particulars as to skins bought or sold.
(1)
Every person who, whether as principal or as agent, buys or receives from any other person or sells or delivers to any other person, any hides or skins shall, on the request of an Inspector, furnish to him in writing full particulars as to the transaction, together with certified copies of all accounts, records, or other documents in his possession or under his control in relation thereto.
(2)
If any person refuses or fails to comply with the requirements of the last preceding subsection, or furnishes any particulars that to his knowledge are false or misleading in any material particular, he shall be guilty of an offence against this Act.
Compare: ibid., s. 46
64 Power to search for stolen stock.
Any Inspector or any constable may, without warrant, enter upon any place whatsoever, at any time of the day or night, if he has cause to believe or suspect that there are on or in such place any stolen stock or the carcasses or skins of any stolen stock, or any stolen skins, and may there make such search and inquiry as in the circumstances he thinks necessary.
Compare: 1908, No. 181, s. 47
65 Liability in respect of carcasses or skins found on premises.
Every person shall be deemed to be guilty of an offence against this Act if he is found in possession of the carcass or skin of any stock, or if any such carcass or skin is found on premises in his occupation, unless, in any proceedings for an offence against this section, the defendant satisfies the Court that he was lawfully in possession of such carcass or skin, or that such carcass or skin was brought on to his premises and was kept thereon without his knowledge, consent, or connivance.
Compare: ibid., s. 48
66 Special provisions as to treatment of pigs.
(1)
It shall not be lawful for the owner of any pigs or for any person in charge of any pigs—
(a)
To feed them or allow them to be fed with any diseased portion of any animal; or
(b)
To feed them or allow them to be fed with any part of the carcass of any animal that has not been boiled or with any garbage that has not been boiled; or
(c)
To allow them to wander or be kept within fifty yards of any slaughterhouse; or
(d)
To allow them to be brought within fifty yards of any slaughtering-place, save for the purpose of slaughter therein within a period of not more than twenty-four hours.
(2)
For the purposes of this section the term “animal”
includes poultry.
(3)
There shall at all times be an absolute obligation on the owner and on every person other than the owner who is for the time being in charge of any pigs to take effective precautions to ensure that the requirements implied in subsection one of this section are not infringed in any respect, and if he fails so to do he shall be deemed to have committed an offence against this Act.
Compare: ibid., s. 51
67 Obstruction of officers.
Every person commits an offence against this Act who obstructs or in any way interferes with or fails to comply with the lawful requirements of any Inspector, constable, or other person in the performance of his duties or the exercise of his powers or functions under this Act.
Compare: ibid., s. 52(c)
68 Penalty for offences.
(1)
Every person who commits an offence against this Act for which no penalty is provided otherwise than by this section shall be liable on summary conviction to a fine of twenty pounds.
(2)
Where in any proceedings for an offence against this Act knowledge on the part of the defendant is an essential element of the offence with which he is charged, such knowledge shall be presumed unless and until the contrary is proved.
Compare: 1908, No. 181, s. 53
69 Proceedings against licensee of slaughterhouse.
Where proceedings for any offence against this Act are taken against the licensee of a meat-export slaughterhouse or the licensee of a rural slaughterhouse, the following special provisions shall apply:—
(a)
The defendant shall be required to produce his license to the Court at the commencement of the hearing:
(b)
If the defendant is convicted and has on any former occasion been convicted of an offence against this Act or against any Act repealed by this Act, the convicting Court shall cause a record of the last conviction to be endorsed on the license:
(c)
If at any time not less than three convictions are endorsed on the license, the Court, in addition to any other penalty to which the licensee may be liable, may cancel the license either immediately or as from a date to be specified in the order of the Court.
Compare: ibid., s. 55
70 Liability for nuisance not affected.
Nothing in this Act or in any license granted under this Act shall be construed to authorize any person to commit a nuisance or shall affect the liability of any person in respect of a nuisance or the rights or powers of any person to abate a nuisance.
Compare: ibid., s. 57
71 Regulations. 1918, No. 18, s. 6 1934, No. 19, s. 6
(1)
The Governor-General may from lime to time, by Order in Council, make all such regulations, consistent with this Act, as may in his opinion be required for the purpose of giving full effect thereto.
(2)
In particular, but without limiting the general authority conferred on the Governor-General by the last preceding subsection, regulations may be made thereunder for all or any of the following matters or purposes, namely:—
(a)
The registration of abattoirs established under Part II of this Act:
(b)
The forms of licenses that may be granted under this Act, the conditions to be complied with prior to the grant of any such license, the terms and conditions subject to which such licenses shall be held or may be renewed, transferred, surrendered, or cancelled:
(c)
The registration of marks, stamps, brands, or labels used for the branding or marking of meat, or skins, or any other products derived from slaughtered stock:
(d)
The inspection of slaughtering-places, sale-yards, stock, carcasses, or meat, and also of conveyances used for the carriage of stock, carcasses, or meat:
(e)
The inspection of ships carrying or intended to carry carcasses or meat for export:
(f)
The branding, marking, or grading of meat, or skins, or any other products derived from slaughtered stock:
(g)
The branding of tins or other containers of meat or products of meat, and the branding of packages containing any such tins or containers:
(h)
The construction, lighting, ventilation, cleansing, drainage, water-supply, maintenance, and good management of slaughtering-places and sale-yards, and the construction, cleansing, and maintenance of all fixtures, appliances, instruments, utensils, and things connected or used therewith or connected with the management thereof:
(i)
The conveyance of carcasses or of meat from place to place:
(j)
The storage and treatment of meat intended for human consumption, and prohibiting the use of any injurious or detrimental or deceptive processes in respect of such meat:
(k)
The destruction or other disposal of any stock, carcass, or meat which is diseased:
(l)
Prohibiting the feeding to dogs of any diseased meat or offal, or of any raw offal:
(m)
The treatment of calves intended for slaughter for human consumption:
(n)
Approved methods for the slaughter of stock, and the prohibition of any methods of slaughter that are not humane:
(o)
Returns to be made by the controlling authorities or Managers of abattoirs or by the licensees or persons in charge of other slaughtering-places (including particulars as to the names of the owners on whose behalf any stock is slaughtered in any slaughterhouse, as to the stock so slaughtered, and as to the disposal of the meat, skins, or other products derived from such stock):
(p)
Returns to be made by the holders of meat-exporters’ licenses (with particulars as to the stock slaughtered in any slaughterhouse on behalf of the licensee, or on behalf of any person acting in association with or by direction or on account of the licensee, as to the disposal of the meat, skins, or other products derived from such stock, and as to such other matters, if any, as may be prescribed):
(q)
The person or authority to whom any prescribed returns shall be furnished:
(r)
The publication in the prescribed manner and form, and by or at the expense of the controlling authorities of abattoirs, of particulars as to stock slaughtered in the abattoirs controlled by them:
(s)
The matters in respect whereof fees shall be payable under this Act, the amounts of such fees, and the person or persons liable for the payment thereof:
(t)
The establishment and management of any insurance fund in accordance with section fifty-one of this Act:
(u)
Penalties for the breach of any regulation made under the authority of this section, not exceeding a fine of twenty pounds for any such breach.
(3)
Any regulations made under the authority of this section may apply generally throughout New Zealand or may be made to apply only within such area or areas as may be defined therein in that behalf.
(4)
All regulations made under this section shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then in session, and if not, then within fourteen days after the commencement of the next ensuing session.
Compare: ibid., s. 61
72 Proportion of fees derived from inspection of pigs may be applied in furtherance of pig-producing industry.
(1)
Such proportion of the fees received pursuant to regulations made under this Act in respect of the inspection of pigs or of meat derived from pigs, as the Minister of Finance may from time to time approve, shall be paid to the credit of a special deposit account in the Consolidated Fund.
(2)
Any moneys in the said deposit account may, from time to time, on the recommendation of the Minister of Agriculture, and without further appropriation than this section, be applied for such purposes in furtherance of the interests of pig-producers in New Zealand as that Minister, on the recommendation of the organization known as the National Pig Industry Council, may approve.
Repeals and Savings
73 Repeals and savings.
(1)
The enactments specified in the Third Schedule hereto are hereby repealed.
(2)
All Orders in Council, appointments, licenses, certificates, permits, documents, delegations, registers, registrations, regulations, by-laws, fees, records, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(3)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
SCHEDULES
FIRST SCHEDULE
Part I.—Diseases affecting Stock
Actinobacillosis, actinomycosis, anthrax, arthritis, blackleg, caseous lymphadenitis, cysticercus bovis, cysticercus cellulosæ, dropsy or œdema, echinococcic and other tapeworm cysts, icterus, malignant neoplasms, mammitis (septic), mange, melanosis, metritis, peritonitis, pleurisy, pneumonia (septic), pyæmia, redwater (specific), rickets, sarcocysts, septicæmia, swine-fever, tetanus, trichinosis, tuberculosis.
Part II.—Diseases of Stock for which Compensation is payable
Actinobacillosis, actinomycosis, anthrax, arthritis, blackleg, caseous lymphadenitis, malignant neoplasms, mange, peritonitis (septic), pleurisy (septic), swine-fever, tuberculosis.
SECOND SCHEDULE Scale of Compensation payable in respect of Diseased Meat Cf. 1910, No. 57, Sched.
| Class of Stock. | Scale of Compensation for every Pound (Dressed Weight) of Diseased Meat. |
|---|---|
| (1) Cattle:— | |
| Cows, not exceeding ten years of age | ¾d. per pound. |
| Bullocks, not exceeding eight years of age, and heifers | 1d. per pound. |
| Calves of not less than 60 lb. dressed weight (excluding the head) | ¾d. per pound. |
| (2) Sheep (other than rams) not exceeding five years of age (including lambs) | 1d. per pound. |
| Not exceeding 200 lb. dressed weight, including the head | |
| (3) Pigs (other than boars):— | 2d. per pound. |
| Exceeding 200 lb. and not exceeding 250 lb. dressed weight, including the head | 1d. per pound. |
Notes.—
(1)
For the purposes of this Schedule—
The term “calves”
includes all cattle of which the dressed weight (excluding the head) does not exceed 250 lb.:
The term “heifers”
does not include calves, but includes all other female cattle not exceeding three years of age.
(2)
(2) In computing the amount of compensation payable in respect of any meat, no payment shall be made in respect of the head of any animal.
THIRD SCHEDULE Enactments repealed
Public Acts.
1908, No. 181.—The Slaughtering and Inspection Act, 1908.
1910, No. 57.—The Slaughtering and Inspection Amendment Act, 1910.
1918, No. 18.—The Slaughtering and Inspection Amendment Act, 1918.
1923, No. 35.—The Reserves and other Lands Disposal and Public Bodies Empowering Act, 1923: Section 44.
1927, No. 57.—The Slaughtering and Inspection Amendment Act, 1927.
1930, No. 27.—The Slaughtering and Inspection Amendment Act, 1930.
1932, No. 11.—The Finance Act, 1932: So much of the First Schedule as relates to section 60 of the Slaughtering and Inspection Act, 1908.
1934, No. 19.—The Slaughtering and Inspection Amendment Act, 1934.
1938, No. 18.—The Local Legislation Act, 1938: Subsections (4) and (5) of section 11, and all words in subsection (3) of that section occurring after the words “Auckland City Abattoir”
.
Local Acts.
1919, No. 15 (Local).—The Wellington City Abattoir Charges and Renewal Fund Act, 1919.
1919, No. 20 (Local).—The Palmerston North Abattoir Act, 1919.
1936, No. 6 (Local).—The Auckland City Abattoir Act, 1936.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Meat Act 1939
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