There shall be a Department of State to be known as the Department of Agriculture which, under the control of the Minister, shall be charged with the administration of the enactments specified in the Schedule hereto and with such other functions as may be lawfully conferred on it.

4 Principal functions of the Department.

The principal functions of the Department shall be—

(a)

To promote and encourage the development of all phases of the agricultural, pastoral, and horticultural industries in New Zealand, including the stock, poultry, fruit, vegetable, flax (Phormium tenax), tobacco, hops, and honey production industries, with a view to maintaining and improving the quality of the products derived from those industries and increasing production of those products:

(b)

To promote and encourage the marketing and sale of those products.

5 Director-General of Agriculture.

There shall from time to time be appointed under the Public Service Act 1912 a Director-General of Agriculture, who shall be the administrative head of the Department of Agriculture.

6 Appointment of other officers and employees.

There may from time to time be appointed under the Public Service Act 1912 such other officers and employees of the Department as may be necessary.

7 Existing appointments deemed to be made under this Act.

(1)

The person holding office at the commencement of this Act as Director-General shall be deemed to have been appointed to that office as aforesaid under this Act.

(2)

All other persons who at the commencement of this Act are officers or employees of the Department and have been so appointed under the Public Service Act 1912 shall be deemed to have been so appointed under this Act.

8 Officers to act under the direction of the Director-General.

All Inspectors, Registrars, clerks, officers, and employees of the Department shall act under the direction of the Director-General in the exercise and performance of the powers, duties, and functions conferred or imposed on them by any enactment of which the Department or the Director-General is charged with the administration by this Act or any other enactment.

9 Delegation of powers of Minister.

(1)

The Minister may from time to time, by writing under his hand, either generally or particularly, delegate to the Director-General all or any of the powers which are conferred on him as Minister of Agriculture by any enactment, including powers delegated to him under any enactment, but not including the power to delegate under this section or the power to consent to a delegation under section ten of this Act.

(2)

Subject to any general or special directions given or conditions attached by the Minister, the Director-General may exercise any powers delegated to him as aforesaid in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(3)

Where the Director-General purports to act pursuant to any delegation under this section, he shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(4)

Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

(5)

Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Minister by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister and, in the event of the Director-General to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as Director-General or, if there is no Director-General in office or if the Director-General is absent from duty, to the person for the time being directed under the Public Service Act 1912 to act in the place of the Director-General.

10 Delegation of powers by Director-General.

(1)

The Director-General may from time to time, by writing under his hand, either generally or particularly, delegate to such officer or officers or employee or employees of the Department as he thinks fit all or any of the powers exercisable by him under any enactment including any powers delegated to him under any enactment, but not including this present power of delegation:

Provided that the Director-General shall not delegate any power delegated to him by the Minister without the written consent of the Minister, or any power delegated to him under the Public Service Act 1912 without the written consent of the Public Service Commission.

(2)

Subject to any general or special directions given or conditions attached by the Director-General, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(3)

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(4)

Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

(5)

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Director-General.

(6)

Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Director-General by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Director-General.

11 Powers of Minister.

(1)

For the purpose of enabling the Department to carry out its functions, the Minister may—

(a)

Devise, promote, and carry out experiments, researches, investigations, and measures in relation to the health, and the diagnosis, prevention, and treatment of diseases, of stock, poultry, bees, and plants, the management of soils, and the production and improvement of livestock, crops, and pastures, and in relation to any other matters affecting the operations of any of the industries which it is the function of the Department to promote and encourage:

(b)

Promote and carry out by publicity or other means the diffusion or dissemination of information relating to or affecting any of those industries for the instruction, guidance, and benefit of persons engaged in those industries; and foster country youth educational organizations:

(c)

Establish and maintain experimental, research, instructional, and demonstration farms, stations, and areas for the purpose of acquiring knowledge and imparting practical instruction and advice in modern practices and management in respect of any of the industries which it is the function of the Department, to promote and encourage:

(d)

Promote and carry out the testing of agricultural and horticultural seeds, bulbs, and tubers for purity and germination, and the approval by certification or other means of seeds, bulbs, and tubers in respect of their trueness to type and freedom from seed borne diseases:

(e)

Promote and carry out the testing of machinery, appliances, and equipment used in any of the industries which it is the function of the Department to promote and encourage:

(f)

Promote and carry out the testing of wool:

(g)

Enter into agreements with owners and occupiers of land for the sowing and growing for the Department of Agriculture of agricultural and horticultural seeds from stock seed supplied by the Department for the purpose of multiplying and distributing selected and improved strains of the seed or for the carrying out on the land of co-operative trials relating to crop, pasture, horticultural, and livestock production and improvement:

(h)

Devise, promote, and carry out investigations and experiments into the harvesting, storage, and transport of the products of the industries which it is the function of the Department to promote and encourage:

(i)

Initiate and carry out economic surveys into any aspect of agricultural, pastoral, or horticultural production:

(j)

Exercise such other powers as are reasonably necessary for the effective performance of the functions of the Department.

(2)

It is hereby declared that every work which the Minister is authorized to carry out, establish, or undertake under this or any other Act is a public work within the meaning of the Public Works Act 1928.

12 Special investigations.

(1)

The Minister may from time to time, as he thinks fit, cause an investigation pursuant to this section to be made into any matter connected with or affecting any of the industries which it is the function of the Department to promote and encourage.

(2)

For the purposes of any such investigation, the Minister may, by order in writing signed by him, require any person, partnership, company, or other corporate body carrying on any business relating to or affecting the subject matter of the investigation to produce for the inspection of any person nominated in that behalf by the Minister any papers, books, or documents which are in the possession of the person, partnership, company, or corporate body, or to set down in writing any facts relating to the subject matter of the investigation which are within the knowledge of the person, partnership, company, or corporate body, and to allow copies or extracts from any such papers, books, or documents to be made by the person inspecting them.

(3)

Any 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 commits an offence, and shall be liable on summary conviction to a fine not exceeding fifty pounds.

(4)

All information obtained by the Minister or by any other person by means of any such investigation shall be treated as confidential except for the purposes of this Act.

13 Advisory and technical committees.

(1)

The Minister may from time to time appoint advisory or technical committees, and define the functions of any such committee.

1951, No. 79

(2)

If the Minister so directs, there may be paid out of moneys appropriated by Parliament for the purpose to the members of any such committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the committee were a statutory Board within the meaning of that Act.

14 Annual report.

(1)

The Director-General shall as soon as practicable after the end of each financial year furnish to the Minister a report on the operations of the Department for that year.

(2)

A copy of the report shall be laid before Parliament within twenty-eight days after it has been furnished to the Minister if Parliament is then in session, and, if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.

15 Regulations.

(1)

The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

(2)

Without limiting the general power conferred by subsection one of this section, it is hereby declared that regulations may be made under this section for all or any of the following purposes:

(a)

Obtaining any information or particulars that may be required for the effective performance of the functions of the Department under this Act:

(b)

Prescribing fines not exceeding fifty pounds for offences against any such regulation.

(3)

All regulations made under this section shall be laid before Parliament within twenty-eight days after the date of the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.

Schedule Enactments to be Administered by the Department of Agriculture

Section 3

The Agricultural and Pastoral Societies Act 1908. (Reprint of Statutes, Vol. I, p. 47.)

The Agriculture (Emergency Powers) Act 1934.

The Apiaries Act 1927. (Reprint of Statutes, Vol. I, p. 60.)

The Commercial Gardens Registration Act 1943.

The Dairy Industry Act 1952.

The Fertilizers Act 1927. (Reprint of Statutes, Vol. I, p. 101.)

The Fireblight Act 1922. (Reprint of Statutes, Vol. I, p. 113.)

The Fungicides and Insecticides Act 1927. (Reprint of Statutes, Vol. I, p. 115.)

The Introduction of Plants Act 1927. (Reprint of Statutes, Vol. I, p. 119.)

The Marketing Act 1936.

The Meat Act 1939.

The Noxious Weeds Act 1950.

The Orchard and Garden Diseases Act 1928. (Reprint of Statutes, Vol. I, p. 136.)

The Orchard Tax Act 1927. (Reprint of Statutes, Vol. I, p. 146.)

The Poultry Act 1924. (Reprint of Statutes, Vol. I, p. 240.)

The Products Export Act 1908. (Reprint of Statutes, Vol. VIII, p. 644.)

The Rabbit Nuisance Act 1928. (Reprint of Statutes, Vol. I, p. 243.)

The Remounts Encouragement Act 1914. (Reprint of Statutes, Vol. I, p. 281.)

The Royal New Zealand Institute of Horticulture Act 1927. (Reprint of Statutes, Vol. I, p. 121.)

The Seeds Importation Act 1927. (Reprint of Statutes, Vol. I, p. 150.)

The Stallions Act 1938.

The Stock Act 1908. (Reprint of Statutes, Vol. I, p. 311.)

The Stock Foods Act 1946.

The Stock Remedies Act 1934.

The Veterinary Surgeons Act 1926. (Reprint of Statutes, Vol. V, p. 736.)

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Department of Agriculture Act 1953