This Act may be cited as the Orchard and Garden Diseases Amendment Act, 1950, and shall be read together with and deemed part of the Orchard and Garden Diseases Act, 1928 (hereinafter referred to as the principal Act).

2 Meaning of the term “disease.”

(1)

Section two of the principal Act is hereby amended by repealing the definition of the term “disease”, and substituting the following definition:—

“‘Disease’ means any form of fungus, bacterium, or virus, or any living stage of any may directly or indirectly injure or cause an unhealthy condition in any fruit or plant; and ‘diseased’ has a corresponding meaning:”.

(2)

The principal Act is hereby amended by repealing sections three and four and the First and Second Schedules.

(3)

The Orders in Council specified in the Schedule hereto are hereby revoked.

3 Meaning of the terms “orchard” and “plant.”

Section two of the principal Act is hereby amended—

(a)

By inserting in the definition of the term “orchard”, after the words “garden shrubs”, the words “tobacco, hops, hedge plants, vegetables”:

(b)

By adding to the definition of the term “plant” the words “and includes the seed, spore, or any portion of any such plant”.

4 Inspector may enter aircraft.

Subsection one of section nine of the principal Act is hereby amended by inserting, after the word “ship”, the words “or aircraft”.

5 Extension of class of things which may be seized and destroyed if unlawfully introduced.

Section ten of the principal Act is hereby amended by omitting the words “fungus, parasite, insect, or”, and substituting the words “timber, soil, ballast, packing material, fungus, bacterium, or virus, or any living stage of any invertebrate animal, or any”.

6 Offences.

Section sixteen of the principal Act is hereby amended—

(a)

By omitting from paragraph (b) the words “or thing”, and substituting the words “timber, soil, ballast, packing material, fungus, bacterium, or virus, or any living stage of any invertebrate animal, or any other thing”:

(b)

By repealing the proviso to the section.

7 Extension of Third Schedule to principal Act.

The Third Schedule to the principal Act is hereby amended—

(a)

By inserting, after the words “Black spot (Venturia inaequalis)”, the words “citrus verrucosis (Sporotrichum citri)”:

(b)

By adding the following words:—

“Red mite (Paratetranychus pilosus).

“Ripe spot (Neofabraea malicorticis).”

8 Inspection fee on fruit intended for export.

1937, No. 38

Section twenty-eight of the Statutes Amendment Act, 1937, is hereby amended by adding to paragraph (b) the words “or for export”.

9 Prohibition of introduction of diseased plants, fruit, &c.

(1)

The Governor-General may from time to time, by Order in Council, make regulations prohibiting, either absolutely or except in accordance with the regulations,—

(a)

The introduction into New Zealand, either generally or from any specified country, port, or place of any plant, fruit, soil, ballast, package, packing material, or other thing specified in the regulations which in his opinion is likely to introduce any disease into New Zealand:

(b)

The introduction into New Zealand of any form of fungus, bacterium, or virus, or any living stage of any invertebrate animal, which may directly or indirectly injure or cause an unhealthy condition in any fruit or plant.

(2)

Any regulations under this section may provide that it shall be necessary to obtain a permit from the Minister, or from the holder for the time being of any specified office in the Government service, for the introduction into New Zealand of any such plant, fruit, soil, ballast, package, packing material, thing, fungus, bacterium, or virus as aforesaid, or of any living stage of any such invertebrate animal; and that the Minister, or the holder for the time being of the office, in his discretion, may refuse any application for a permit or may grant the application wholly or partly and either unconditionally or upon or subject to such conditions as he thinks fit.

(3)

Without limiting the foregoing provisions of this section or any other provisions of this Act or of the principal Act it is hereby declared that regulations under this section may—

(a)

Appoint, or provide for the appointment of, any specified ports or airports to be the only ports or airports of entry into New Zealand for plants and fruit:

(b)

Appoint, or provide for the appointment of, quarantine areas where plants or fruit, and the packages containing them or with which they may have come in contact, may be detained for the purpose of observation or for the purpose of being inspected, disinfected, destroyed, or otherwise disposed of:

(c)

Prescribe fees which may be charged for the inspection, treatment, care, custody, or destruction of plants, fruit, or packages which are imported or detained in quarantine:

(d)

Prescribe treatment for aircraft arriving from overseas and the procedure to be adopted on their arrival so as to prevent the introduction of disease into New Zealand:

(e)

Require every person (including every member of the crew of any vessel or aircraft) arriving in New Zealand from overseas to make a declaration, in such form as may be prescribed, before an Inspector, officer of Customs, or such other person as may be prescribed, as to whether he has any fruit or plants in his possession; and prescribing penalties for making an erroneous declaration or for wilfully making a false declaration under this Act, which penalties shall not exceed those prescribed by sections two hundred and eleven and two hundred and twelve of the Customs Act, 1913, for the corresponding offences under that Act:

(f)

Authorize any Inspector to open any package or luggage and examine any goods arriving in New Zealand from overseas.

1940, No. 20

(4)

Section two of the Orchard and Garden Diseases Amendment Act, 1940, is hereby repealed.

10 Regulations.

(1)

Paragraph (a) of subsection one of section twenty-two of the principal Act is hereby amended—

(a)

By omitting the word “diseased”:

(b)

By omitting the word “infected”.

(2)

Subsection one of section twenty-two of the principal Act is hereby amended by inserting after paragraph (c) the following paragraph:—

“(cc)

Declaring any specified area to be a commercial fruit growing district under a name to be specified in the regulations;”.

(3)

Section twenty-two of the principal Act is hereby amended by adding the following subsection:—

“(3)

Regulations made under any of the provisions of this Act may be so made as to apply generally throughout New Zealand or within any specified part or parts thereof, or within the whole of New Zealand except such part or parts as may be specified in the regulations.”

(4)

Subsection one of section twenty-three of the principal Act is hereby amended by adding to paragraph (c) the words “and for the payment of fees in respect of the registration of such brands and marks, and for the application, distribution, or expenditure of the moneys derived from such fees”.

1940, No. 20

(5)

Subsection two of section three of the Orchard and Garden Diseases Amendment Act, 1940, is hereby amended by repealing paragraphs (a) and (b), and substituting the following paragraphs:—

“(a)

Providing that any orchard on which any specified disease is found, together with any land which is within a thousand yards of any part of that orchard, may be declared by an Inspector to be an infected area:

“(b)

Prohibiting or restricting, except with the approval of an Inspector and upon or subject to any conditions he may think fit to impose, the introduction into an infected area or the removal from an infected area of any plant, fruit, or timber which is infected or diseased or likely to spread disease, or any form of fungus, bacterium, or virus, or any living stage of any invertebrate animal, which may directly or indirectly injure or cause an unhealthy condition in any fruit or plant:”.

(6)

Subsection two of section seventeen of the principal Act is hereby repealed.

11 Repeal.

Section eight of the principal Act is hereby repealed.

Schedule Orders in Council Revoked

Section 2(3)

Title.	Statutory Regulations Serial Number.
The Orchard and Garden Diseases Act Extension Order 1945	1945/168
The Orchard and Garden Diseases Act Extension Order 1946	1946/15
The Orchard and Garden Diseases Act Extension Order 1947	1947/110
The Orchard and Garden Diseases Act Extension Order 1949	1949/4

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Orchard and Garden Diseases Amendment Act 1950