Agricultural Pests Destruction Act 1967
Agricultural Pests Destruction Act 1967
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Agricultural Pests Destruction Act 1967
Agricultural Pests Destruction Act 1967
Public Act |
1967 No 147 |
|
Date of assent |
24 November 1967 |
|
Contents
contents
An Act to consolidate, amend, and extend the Rabbits Act 1955 and its amendments and to make better provision for the destruction of agricultural pests
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Agricultural Pests Destruction Act 1967.
(2)
This Act shall come into force on the first day of April, nineteen hundred and sixty-eight.
2 Interpretation
In this Act, unless the context otherwise requires,—
“Agriculture” includes breeding, rearing, and grazing of livestock, crop growing, forestry, fruit growing, horticulture, market gardening, and poultry keeping; and “agricultural”
has a corresponding meaning:
“Board” means a Pest Destruction Board that is constituted under this Act; and includes a County Board:
“Council” means the Agricultural Pests Destruction Council constituted under this Act:
“County Board” means any County Council that controls a pest destruction district under this Act:
“County district” means a district that, by virtue of subsection (2) of section 19 of this Act, is a county pest destruction district:
“Crown land” means any land, other than Maori land, that is not alienated from the Crown in fee simple or for any less estate or interest:
“District” means a pest destruction district constituted under this Act:
“Financial year” means a period of twelve months ending with the thirty-first day of March:
“Inspector” means an Inspector appointed under Part III of this Act; and, for the purposes of the exercise by or on behalf of any Board of any of the powers conferred on it by or under this Act, includes an Inspector appointed by the Board:
“Maori land” means Maori land within the meaning of the Maori Affairs Act 1953:
“Minister” means the Minister of Agriculture:
“Occupier”, in relation to any land, means any person in actual occupation of the land; and includes the owner of the land; and also includes any other person in receipt of the rents and profits of the land, and any agent or trustee of an occupier:
“Pest” means any animal which for the time being is a pest of national or local importance under paragraph (a) or paragraph (b) of subsection (1) of section 3 of this Act.
Compare: 1955, No. 28, s. 2; 1964, No. 74, s. 2
3 Classification of pests
(1)
For the purposes of this Act, agricultural pests shall be classified as follows:
(a)
Pest of national importance, being—
(i)
Rabbits; and
(ii)
Such other animals as may be declared to be pests of national importance by the Governor-General by Order in Council on the advice of the Minister given on the recommendation of the Council:
(b)
Pests of local importance in respect of a specified district, being such animals as may be declared to be pests of local importance in respect of the district by the Governor-General by Order in Council on the advice of the Minister given on the joint recommendation of the Council and the Board of the district.
(2)
Every Order in Council made under paragraph (a) or paragraph (b) of subsection (1) of this section may at any time in a like manner be revoked in whole or in part or amended.
(3)
In this Act, references to pests in relation to any land shall, in the absence of express provision to the contrary, be taken as meaning pests of national importance, or pests of local importance in respect of the district in which the land is situated.
Part I Agricultural Pests Destruction Council
4 Agricultural Pests Destruction Council
(1)
There is hereby constituted for the purposes of this Act a Council, to be known as the Agricultural Pests Destruction Council.
(2)
The Council shall consist of eleven members, being—
(a)
Eight members to be appointed by the Minister as follows:
(i)
Two on the nomination of the North Island Rabbit Boards Association:
(ii)
Three on the nomination of the South Island Rabbit Boards Association:
(iii)
One on the nomination of the New Zealand Counties Association Incorporated:
(iv)
One on the nomination of the Federated Farmers of New Zealand Incorporated:
(v)
One on the nomination of the New Zealand Federated Labourers and Related Trades Industrial Association of Workers:
(b)
The Director-General of Agriculture:
(c)
The Director-General of Lands:
(d)
The Director-General of Forests.
(3)
The Council shall be a body corporate with perpetual succession and a common seal and shall be capable of holding real and personal property and of doing and suffering all acts and things that bodies corporate may lawfully do and suffer.
(4)
All real and personal property of every description vested in the Rabbit Destruction Council established by section 3 of the Rabbits Act 1955 shall vest without conveyance or assignment in the Council constituted under this section, subject to all charges, encumbrances, estates, and interests affecting that property.
(5)
All debts, liabilities, and obligations of the Rabbit Destruction Council established by section 3 of the Rabbits Act 1955 shall be deemed to be debts, liabilities, and obligations of the Council constituted under this section.
Compare: 1955, No. 28, s. 3(1), (2); 1959, No. 84, s. 3; 1960, No. 48, s. 2
5 Term of office of members
(1)
Except as otherwise provided in this Act, each of the appointed members of the Council shall hold office for a term of three years, and shall be eligible for reappointment from time to time.
(2)
Notwithstanding the provisions of subsection (1) of this section, every appointed member of the Council shall, unless he sooner vacates his office under section 7 of this Act, continue in office until his successor comes into office.
Compare: 1955, No. 28, s. 3(3), (5)
6 Transitional provisions
(1)
Notwithstanding anything to the contrary in this Act, of the first eight members to be appointed to the Council by the Minister under paragraph (a) of subsection (2) of section 4 of this Act, three shall retire on the expiry of a period of two years after the date of their appointment, another three shall retire on the expiry of a period of three years after the date of their appointment, and the remaining two shall retire on the expiry of a period of four years after the date of their appointment.
(2)
The members so to retire first and the members so to retire second in accordance with subsection (1) of this section shall (unless they otherwise agree among themselves) be determined by lot.
7 Extraordinary vacancies
(1)
Any appointed member of the Council may at any time be removed from office by the Minister for disability, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister, or may at any time resign his office by writing addressed to the Minister.
(2)
When the office of any appointed member of the Council becomes vacant by death, resignation, or removal from office, the vacancy so created shall as soon as practicable be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall hold office for the residue of the term for which his predecessor would have held office if the vacancy had not occurred.
(3)
The powers of the Council shall not be affected by any vacancy in its membership.
Compare: 1955, No. 28, s. 3(3), (4), (6)
8 Appointment of Chairman
(1)
The Council shall, at its first meeting after the commencement of this Act and from time to time thereafter, appoint one of its members to be the Chairman of the Council.
(2)
The person so appointed shall hold that office for a period of one year unless he sooner vacates his office as a member of the Council, in which case he shall also vacate the office of Chairman; but, unless he dies or resigns that office or vacates his office as a member of the Council, he shall continue to hold the office of Chairman until his successor is appointed, and shall be eligible for reappointment.
(3)
When the office of Chairman becomes vacant the vacancy shall be filled within two months after its occurrence.
Compare: 1955, No. 28, s. 4(1)
9 Appointment of Deputy Chairman
(1)
The Council shall, at its first meeting after the commencement of this Act and from time to time thereafter, appoint one of its members to be the Deputy Chairman of the Council.
(2)
The person so appointed shall hold that office for a period of one year unless he sooner vacates his office as a member of the Council, in which case he shall also vacate the office of Deputy Chairman; but, unless he dies or resigns that office or vacates his office as a member of the Council, he shall continue to hold the office of Deputy Chairman until his successor is appointed, and shall be eligible for reappointment.
(3)
When the office of Deputy Chairman becomes vacant the vacancy shall be filled within two months after its occurrence.
Compare: 1955, No. 28, s. 4(1)
10 Meetings of Council
(1)
The first meeting of the Council shall be held at a time and place to be appointed by the Minister.
(2)
Subsequent meetings of the Council shall be held at such times and places as the Council or the Chairman of the Council may from time to time appoint.
(3)
At any meeting of the Council six members shall form a quorum.
(4)
The Chairman shall preside at every meeting of the Council at which he is present. If at any meeting of the Council the Chairman is not present, the Deputy Chairman shall preside at the meeting; and if the Deputy Chairman also is not present or there is no Deputy Chairman, the members present shall appoint one of their number to preside at that meeting. The Deputy Chairman or person so appointed shall have and may exercise in any such case all the powers and functions of the Chairman for the purposes of the meeting.
(5)
At any meeting of the Council the person presiding at the meeting shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
(6)
Every question before any meeting of the Council shall be determined by a majority of the votes of the members present and voting on it.
(7)
In the absence from any meeting of any member of the Council, other than an appointed member, he may authorise any other officer of his Department to attend the meeting in his stead. While any such officer is attending a meeting under this subsection he shall be deemed for all purposes to be a member of the Council. The fact that any person attends and acts as such a member at any meeting shall be sufficient evidence of his authority to do so in the absence of proof to the contrary.
(8)
Where the Minister is satisfied that any appointed member of the Council is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Minister may appoint a deputy to act for that member during his incapacity, and any such deputy, while he acts as such, shall be deemed to be a member of the Council.
(9)
Every appointment of a deputy under subsection (8) of this section shall be made only on the nomination of the body that nominated the member.
(10)
No appointment of a deputy and no act done by him as such, and no act done by the Council while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.
(11)
Subject to the provisions of this Act and of any regulations for the time being in force under this Act, the Council may regulate its own procedure.
Compare: 1955, No. 28, ss. 4(2), (3), 5, 6
11 Committees
(1)
The Council may from time to time appoint or discharge or alter or continue or reconstitute such committees, consisting of one or more persons, as it thinks fit, and may from time to time, with the consent of the Minister, delegate to any such committee any of its powers, functions, or duties.
(2)
The Minister may from time to time appoint or discharge or alter or continue or reconstitute such advisory or technical committees, consisting of one or more persons, as he thinks fit to advise the Minister and the Council on such matters concerning the functions, powers, and duties of the Council as are referred to them by the Minister.
(3)
Any person may be appointed to be a member of a committee under this section notwithstanding that he is not a member of the Council.
(4)
Subject to any directions given by the Council, every committee appointed under subsection (1) of this section may regulate its own procedure.
(5)
Subject to any directions given by the Minister, every committee appointed under subsection (2) of this section may regulate its own procedure.
(6)
If the Council has delegated its powers under section 17 of this Act to a committee appointed under subsection (1) of this section, the Council shall appoint a Chairman from among the members of that committee and may, with the consent of the Minister, pay to that Chairman such grants or annual allowance as the Minister approves, not exceeding three hundred dollars in the case of an annual allowance.
Compare: 1955, No. 28, s. 7
12 Remuneration and travelling allowances
(1)
The Council and every committee of the Council appointed under subsection (1) or subsection (2) of section 11 of this Act are hereby declared to be statutory Boards within the meaning of the Fees and Travelling Allowances Act 1951.
(2)
There shall be paid to members of the Council and of every 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.
Compare: 1955, No. 28, s. 8; 1958, No. 89, s. 2(2)
13 Insurance of members
The Council may from time to time enter into contracts of insurance insuring members of the Council and members of any committee appointed by the Council against loss from personal accident arising out of and in the course of the exercise and performance of their powers, functions, and duties as members, and pay the premiums payable in respect of any such contracts.
14 Officers and employees
(1)
The Council may from time to time appoint such officers and employees, including acting or temporary or casual officers and employees, as it thinks necessary for the efficient exercise and performance of its powers, duties, and functions under this Act, and, subject to any contract of service, may at any time remove any officer or employee from his office or employment; and may pay to its officers and employees such salaries, wages, and allowances as the Council, with the approval of the Minister, determines.
(2)
The Council may from time to time enter into arrangements with any Board for the secondment to the Board of any of the Council’s officers or employees, on and subject to such terms and conditions as the Council thinks fit.
Compare: 1955, No. 28, s. 9.
15 Functions of Council
(1)
The general functions of the Council shall be to—
(a)
Investigate the effects of any animal infestation on agriculture and agricultural production and, having regard to the recommendations of the Boards of the districts in which the investigations are made, to recommend to the Minister that any animal be declared to be a pest of either national or local importance under subsection (1) of section 3 of this Act:
(b)
Devise and promote means for the destruction of any pest and generally to promote measures for its destruction where it threatens or is likely to threaten agricultural production:
(c)
Co-ordinate, guide, and supervise the activities of Boards:
(d)
Make recommendations to the Minister in relation to any of the foregoing matters, including the need for research:
(e)
Make recommendations to the Minister as to the constitution, alteration, union, or abolition of pest destruction districts.
(2)
The Council shall have such other powers, functions, and duties as are conferred or imposed on it by this Act or by any other Act.
(3)
In the exercise and performance of its powers, functions, and duties under this Act the Council shall implement any decision of the Government in relation thereto that has been conveyed to it in writing by the Minister.
(4)
As soon as practicable after the thirtieth day of June in each year, the Council shall furnish to the Minister a report of its proceedings and operations for the preceding financial year, and shall attach to the report a copy of its accounts for that financial year certified, in accordance with subsection (4) of section 17 of this Act, by the Audit Office.
Compare: 1955, No. 28, s. 10; 1956, No. 38, s. 3(a); 1959, No. 84, s. 4
16 General powers of Council
The Council shall have all powers that may be reasonably necessary to enable it to carry out its functions.
17 Power to manufacture and sell products for pest destruction
(1)
The Council shall have the power to undertake the manufacture and disposal (by sale or otherwise) of any product to be used for the destruction of pests.
(2)
For the purposes of this section, sections 61, 62, and 68 of this Act shall apply to the Council as if it were a Board.
(3)
In exercising its power under subsection (1) of this section, the Council shall comply with the provisions of sections 88 and 89, subsection (1) of section 97, and subsections (1) and (2) of section 98 of this Act, so far as they are applicable and with the necessary modifications, as if it were a Board. The annual accounts of the Council shall include a trading account, a profit and loss account, a profit and loss appropriation account, and a balance sheet, for each trading undertaking.
(4)
The accounts of the Council kept in accordance with subsection (3) of this section shall be audited by the Audit Office, which for that purpose shall have and may exercise all the powers that it has under the Public Revenues Act 1953 in respect of public money and the audit of the accounts of local authorities.
(5)
All funds derived by the Council from the exercise of its power under subsection (1) of this section and not required for defraying the expenses incurred in the exercise of that power shall be applied as directed by the Minister.
(6)
All—
(a)
Land;
(b)
Interests in land; and
(c)
Personal property, rights, or privileges—
vested in or held on behalf of the Otaio and Upper Pareora Rabbit Boards, and the Wanganui Rabbit Board, and, immediately before the commencement of this Act, in use for, or held for the purposes of, the manufacture, sale, and disposal of poison or poisoned baits, are hereby vested in the Council, subject to any leases, rights, easements, and interests subsisting in respect of the land or property at the date of the vesting.
(7)
The District Land Registrar, on written request by or on behalf of the Council, shall without fee make such entries in his registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (6) of this section. The receipt by the District Land Registrar of a written request under this subsection shall be conclusive evidence that the land described in it is land to which the said subsection (6) applies.
(8)
On the commencement of this Act the following provisions shall apply:
(a)
All debts, liabilities, and obligations, whether present or contingent, incurred in the name or on behalf of the Otaio or Upper Pareora Rabbit Boards and the Wanganui Rabbit Board in respect of any property, right, or privilege vested in the Council under subsection (6) of this section shall become debts, liabilities, and obligations of the Council:
(b)
All money payable to the Otaio or Upper Pareora Rabbit Boards and the Wanganui Rabbit Board in respect of any such property, right, or privilege shall become payable to the Council:
(c)
The benefit of any contract entered into by or on behalf of the Otaio or Upper Pareora Rabbit Boards or the Wanganui Rabbit Board in respect of any such property, right, or privilege shall be deemed to be assigned to the Council:
(d)
All proceedings pending by or against the Otaio or Upper Pareora Rabbit Boards or the Wanganui Rabbit Board in respect of the manufacture, sale, and disposal of poison or poisoned baits shall be carried on by or against the Council.
18 Expenses of Council
There shall be paid from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose, such sums as the Minister from time to time approves for the purpose of defraying the expenses incurred by the Council in the exercise and performance of its powers, functions, and duties, including salaries and wages of officers and employees of the Council.
Compare: 1955, No. 28, s. 12; 1958, No. 89, s. 2; 1964, No. 72, s. 3
Part II Pest Destruction Districts And Boards
Pest Destruction Districts
19 Districts
(1)
Every rabbit district constituted under the Rabbits Act 1955 shall, on and after the commencement of this Act, be known as a pest destruction district.
(2)
Where at any time the whole or any part of any county does not lie within any pest destruction district, every part of that county which does not he within any district shall constitute a pest destruction district to be known as the [Name of County] County Pest Destruction District.
Compare: 1955, No. 28, ss. 13, 13a; 1964, No. 72, s. 4
20 Certain provisions not to apply to county districts
Sections 21 to 26, 32 to 35, 37 to 45, 47 to 50, 79, 88, 89, 97, and 98, subsections (1) and (2) of section 31, subsection (2) of section 71, subsections (1) and (2) of section 75, and subsection (1) of section 80 of this Act shall not apply to any county district nor to any County Board.
21 Division of district into wards
(1)
On the recommendation of the Council made after consultation with the Board of the district concerned, the Minister may direct that any district, whether constituted before or after the commencement of this Act, shall be divided into such number of wards as the Minister may specify for the purposes of the election of members.
(2)
Where pursuant to section 23 of this Act two or more districts are united to form one district, the Minister may thereupon or at any time thereafter, on the recommendation of the Council made after consultation with the Board of the united district, direct that the united district shall be divided into such number of wards as the Minister may specify for the purpose of the election of members.
(3)
On receipt of a direction from the Minister pursuant to subsection (1) or subsection (2) of this section, the Board of the district shall forthwith, by notice published in the Gazette, divide the district into wards with such names and boundaries as are assigned to them by the Board.
(4)
The number of wards in any district shall not at any time exceed nine.
Compare: 1955, No. 28, s. 14a; 1960, No. 48, s. 3; 1964, No. 72, s. 5
22 Redivision of wards, etc.
(1)
If so directed by the Minister, on the recommendation of the Council, the Board of any district, however constituted and whether constituted before or after the commencement of this Act, shall, by notice published in the Gazette,—
(a)
Where the boundaries of the district are altered by the inclusion therein of any area, divide or redivide the district into wards, or include the area in one or more existing wards, or form the area into one or more new wards:
(b)
Where the boundaries of the district are altered by the exclusion therefrom of any area, divide or redivide the district into wards, or include the remaining portion of any ward, part of which has been so excluded from the district, in one or more of the existing wards:
(c)
Alter the boundaries of any ward of the district, or wholly redivide the district into wards:
(d)
Name or rename any ward:
(e)
Alter the number of elective members for any ward:
(f)
Abolish all wards in the district.
(2)
Before making any recommendation under subsection (1) of this section, the Council shall consult with the Board of the district concerned.
Compare: 1955, No. 28, s. 14b; 1960, No. 48, s. 3; 1964, No. 72, s. 5
23 Constitution, alteration, and union of districts
(1)
Notwithstanding anything in this Act, the Governor-General may, by Order in Council, if he thinks fit so to do on the recommendation of the Minister,—
(a)
Constitute any area a pest destruction district, and assign a name to it:
(b)
Alter the boundaries of any district by adding or excluding any area:
(c)
Declare any two or more districts to be united and to form one district.
(2)
Where any new district is constituted under paragraph (a) of subsection (1) of this section, the Minister may appoint such persons as he thinks fit to be members of the Board of the new district.
(3)
Where members are appointed under subsection (2) of this section, the following provisions shall apply:
(a)
No election of the first elective members of the Board shall be held:
(b)
The members so appointed shall be deemed to be the first elective members of the Board, and every such member shall, unless he sooner vacates his office, hold office until the coming into office of the members elected at the next election of members of the Board held pursuant to this section:
(c)
The first election of members shall be held on the date fixed for the general election of members of Boards next following the date of the appointment of the members under this section:
Provided that if the appointment under this section is made within twelve months before the date fixed for that general election the first election shall be held on the date fixed for general elections next following that general election.
(4)
Before making any recommendation to the Governor-General under subsection (1) of this section, the Minister shall have regard to any relevant advice given to him by the Council; and before any advice is given to the Minister by the Council for the purposes of subsection (1) of this section, the Council shall consult with the Board or Boards concerned and report their views to the Minister at the time the advice is given.
Compare: 1955, No. 28, s. 18; 1964, No. 72, s. 7(1)
24 Members of Boards of united districts to remain in office until first election
(1)
On the union of two or more districts, and until the members elected at the first election for the united district come into office, the members of the Boards of the original districts shall be the members of the Board of the united district, notwithstanding that there are more members than the number prescribed by or under this Act.
(2)
Pending the first election, the members so continuing in office shall appoint one of their number as Chairman, and failing such appointment the Chairman of the district which had the greatest area shall be the Chairman.
Compare: 1955, No. 28, s. 19
25 Alteration of boundaries of districts
(1)
Every Order in Council made under section 23 of this Act to alter the boundaries of any district shall redefine the boundaries of each of the districts affected; and the altered boundaries so redefined shall, as from the date on which the Order in Council takes effect, be the boundaries of those districts.
(2)
When the boundaries of any district are altered under section 23 of this Act—
(a)
All contracts then subsisting in respect of any part of the district severed therefrom and included in any other district shall be deemed to be contracts of the Board of that other district and may be enforced by and against that Board; and all rates then due in the part so severed shall be deemed to be rates due to the Board of that other district:
(b)
The Boards of the districts may agree together to transfer a fair share of the property, debts, and liabilities of any district which is diminished to any district which is increased in area by the alteration of boundaries. Every such agreement shall be in writing, and shall be final as between the Boards.
(3)
If the Boards do not agree, the Audit Office, or such person as the Governor-General appoints, shall, on the application of the Board of any of the districts affected, hold an inquiry and make an award as to the matters set out in subsection (2) of this section.
(4)
Any such award may provide for all or any of the matters included in the subject for inquiry, and may declare in whom any property shall be vested and by whom any money shall be paid or other acts or things done, including the payment by any party of the whole or any part of the expenses of the inquiry; and the person making the award may give such directions as may be necessary for giving full effect to the objects of the inquiry.
(5)
Every such award shall be final, and, to such extent as may be necessary for its operation and enforcement, shall be deemed to be a judgment of the Supreme Court.
(6)
All real or personal property transferred from one Board to another by any such agreement or award shall be deemed to have been vested in that other Board on the date on which the alteration of boundaries was effected.
(7)
Neither the Audit Office nor any person appointed under this section to hold an inquiry and make an award shall be deemed to be an arbitrator within the meaning of the Arbitration Act 1908, and nothing in that Act shall apply to any such inquiry or award.
Compare: 1955, No. 28, s. 16(3)–(8)
26 Union of districts
(1)
Any Order in Council made under section 23 of this Act declaring any two or more districts to be united and to form one district shall describe the boundaries of the united district, assign a name to the district, and, where the general rates in the districts united are not levied on the same basis, declare the basis on which the rates are first to be levied in the united district.
(2)
On the union of two or more districts the following provisions shall apply:
(a)
The Boards of the original districts shall be dissolved:
(b)
All real and personal property belonging to the Board of any of the original districts shall become vested in the Board of the united district:
(c)
All rates and other money payable to the Board of any of the original districts shall become payable to the Board of the united district:
(d)
All liabilities and engagements of the Board of any of the original districts shall become liabilities and engagements of the Board of the united district:
(e)
All proceedings pending by or against the Board of any of the original districts may be carried on or prosecuted by or against the Board of the united district.
Compare: 1955, No. 28, s. 17(5)
27 Abolition of districts
(1)
The Governor-General may, by Order in Council, if he thinks fit so to do on the recommendation of the Minister, abolish any district.
(2)
Where any district is abolished, the Board of the district shall be deemed to be dissolved.
(3)
The Governor-General may by the same or any subsequent Order in Council, if he thinks fit so to do on the recommendation of the Minister,—
(a)
Direct that all money belonging to or payable to the dissolved Board and remaining after payment of the debts and liabilities of that Board shall be paid either into the Public Account or into such account as may be specified of any other Board:
(b)
Direct that, if the money belonging or payable to the dissolved Board is insufficient for the payment of that Board’s debts and liabilities, the amount of the deficiency be paid either from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose, or by any other Board:
(c)
Make such provision as he thinks fit for vesting any real or personal property of the dissolved Board in the Crown or in any other Board or for the disposal of any such real or personal property and the disposal of the proceeds of any sale or other disposition of it, and such other provisions as he thinks necessary by reason of the abolition of the district.
(4)
Before making any recommendation to the Governor-General under this section the Minister shall have regard to any relevant advice given to him by the Council.
Compare: 1955, No. 28, s. 20; 1958, No. 89, s. 2(3)
28 Creditors not affected by alteration or abolition of districts
No action taken under the foregoing provisions of this Part of this Act shall affect the rights or interests of any debenture holder or other creditor of any Board, or shall affect any special rate; and every such rate shall continue to be charged on the whole of the area on which it was charged before the action was taken and shall not by reason thereof become a charge on any additional area.
Compare: 1955, No. 28, s. 21
29 Destruction of pests in boroughs and town districts
(1)
Any borough or town district lying wholly or in part within or adjacent to any pest destruction district shall be deemed not to form part of the district:
Provided that the Board of the district shall be deemed to be charged with the administration of Part III of this Act for the purpose of enforcing the destruction of pests on land within the borough or town district; and for the purposes of this subsection the provisions of that Part shall be read subject to the provisions of subsection (2) of section 60 of this Act.
(2)
Notwithstanding anything to the contrary in subsection (1) of this section or in section 55 of this Act, the Board may, with the prior consent of the Council of any borough or town district, as the case may be, exercise on any land (other than Crown land or Maori land) which is within the borough or town district, the powers conferred on the Board by section 56 of this Act; and, on any such consent being given in respect of any land, the Board shall cease to be charged with the administration of Part III of this Act for the purpose of enforcing the destruction of pests on that land.
(3)
Nothing in section 57 of this Act shall apply in any case where, pursuant to a consent given under subsection (2) of this section, any work is carried out on any land by or on behalf of the Board; and in every such case the Council of the borough or town district, as the case may be, shall pay to the Board out of its General Account a sum equal to fifty percent of the expenses incurred by the Board in respect of the work.
(4)
Where the Council of any borough or town district consents to work being done by a Board, that Council may recover its share of the expenses of the work from the occupiers of the land concerned in the same manner as rates; and the amount of that share shall be apportioned between those occupiers in such proportions as the Council thinks are fair and reasonable.
Compare: 1955, No. 28, s. 22; 1963, No. 52, s. 2
Pest Destruction Boards
30 Pest Destruction Boards
(1)
For every pest destruction district there shall be a Board, which shall be a body corporate with perpetual succession and a common seal and shall be capable of holding real and personal property and of doing and suffering all acts and things that bodies corporate may lawfully do and suffer.
(2)
In every county district the Board shall be known as “The [name of county] County Pest Destruction Board”
; and in every other district, the Board shall be known as “The [name of district] Pest Destruction Board”
.
(3)
Every rabbit board shall, on and after the commencement of this Act, be known as a Pest Destruction Board with jurisdiction in the pest destruction district that was, immediately before the commencement of this Act, the rabbit district under the Rabbits Act 1955 in which the Board had jurisdiction; and shall be the same Board as that constituted under that Act.
(4)
The Governor-General may, by Order in Council on the recommendation of the Minister made at the request of any Board, other than a County Board, change the name of the district administered by the Board and the name of the Board.
Compare: 1955, No. 28, s. 23; 1964, No. 72, ss. 4, 8
31 Membership of Boards
(1)
Except as otherwise provided in this Act, every Board shall consist of six members, of whom five shall be elected by the electors of the district under this Act and one, who shall be an Inspector appointed under Part III of this Act, shall be appointed by the Minister.
(2)
Every member of a Board appointed by the Minister under subsection (1) of this section shall hold office during the pleasure of the Minister.
(3)
In respect of every county district the County Council having jurisdiction for the time being within the county or part of the county that constitutes the district shall be the Board that controls the district.
(4)
In respect of any county district the Minister may appoint any Inspector appointed under Part III of this Act to be an adviser to the County Board at all times when it is acting as the Board of the district; and any Inspector so appointed shall hold that office during the pleasure of the Minister and shall be entitled to attend and be heard, but not vote, at meetings of the County Board at all times when it is so acting. Every County Board shall give the adviser reasonable notice of every meeting of the County Board when it is so acting.
(5)
Where an Inspector is appointed as an adviser to a County Board, and the County Board (pursuant to section 76 of the Counties Act 1956) unites with any other local authority in appointing a joint standing or special committee for the purpose of the destruction of pests, the Inspector shall, while he remains an adviser to the County Board, be entitled to attend and be heard, but not vote, at meetings of that committee.
Compare: 1955, No. 28, s. 24; 1964, No. 72, s. 9
32 Additional members of Boards in certain cases
(1)
Notwithstanding anything in this Act, the Board of any district containing not less than twenty thousand acres may by resolution determine that the number of elective members of the Board shall be increased to such number, not exceeding nine, as may be specified in the resolution.
(2)
On the passing of the resolution, the following provisions shall apply:
(a)
The number of elective members of the Board shall, while the resolution continues in force, be deemed to be increased to the number specified in the resolution:
(b)
For the purpose of filling for the first time the additional offices thereby created, those offices shall be deemed to be offices in which extraordinary vacancies have occurred pursuant to section 48 of this Act, and the provisions of this Act and of the Local Elections and Polls Act 1966 shall apply accordingly.
(3)
The Board may at any time in like manner rescind any resolution made under subsection (1) of this section, or may from time to time further vary the number of elective members by reducing or further increasing that number, but so that the number shall not in any case be less than the number fixed under section 31 of this Act nor more than nine; and in any such case the following provisions shall apply:
(a)
If the resolution is rescinded, or if the number of elective members is reduced, the rescission or reduction shall not take effect until the next general election of members of the Board, except to such extent as may be necessary for providing for the holding of that election:
(b)
If the number of elective members is further increased the provisions of subsection (2) of this section shall apply.
(4)
A copy of every resolution made under this section shall forthwith be forwarded to the Minister, who shall cause it to be published in the Gazette.
Compare: 1955, No. 28, s. 25; 1959, No. 84, s. 5; 1964, No. 72, s. 10
33 Ward representation
(1)
Upon the division or redivision of any district into wards pursuant to a direction of the Minister, the Board of the district shall, by notice published in the Gazette, fix the number of members to be elected for each ward of the district:
Provided that there shall be at least one member for each ward.
(2)
In determining the representation of the different wards the Board shall take into account the rateable value, the area of land, the number of ratepayers in each ward, and such additional factors of any kind as the Board considers relevant.
(3)
Where—
(a)
An undivided district is divided by a Board into wards; or
(b)
A district divided into wards is redivided; or
(c)
The wards of a divided district are abolished; or
(d)
The number of elective members for any ward of a divided district is altered,—
the change shall not take effect until the next general election of members of the Board or, in the case of a newly constituted united district, the first election of all the members of the Board for that district, except to such extent as may be necessary for providing for the holding of that election.
Compare: 1955, No. 28, s. 25a; 1960, No. 48, s. 4; 1964, No. 79, s. 11
Ratepayers List
34 Secretary to compile ratepayers list
(1)
The Secretary to the Board shall cause to be made a list to be called the ratepayers list. Where a district is divided into wards, the list shall be divided so as to show the ratepayers of each ward.
(2)
The ratepayers list shall be made—
(a)
In the case of a district in which the rates are levied on the basis of the number of stock carried on the ratepayer’s land, on or before the fifteenth day of July in every year:
(b)
In the case of a district in which the rates are levied on any other basis, on or before the fifteenth day of July in each year in which a general election of members of Boards is to be held.
(3)
The ratepayers list shall be compiled from the valuation roll of every county in which any part of the district is situated, or alternatively from the district valuation roll prepared under section 8 of the Valuation of Land Act 1951 for every county in which any part of the district is situated, and, subject to the provisions of this Act, shall contain the name of every person within the district whose name appears in the “occupiers”
column on any such roll, and such other particulars from the roll as are necessary for any of the purposes of this Act.
Compare: 1955, No. 28, s. 26; 1959, No. 84, s. 6; 1960, No. 48, s. 5; 1964, No. 72, s. 12
35 Return of stock where rates levied on stock-carrying basis
(1)
Where the rates within the district are levied on the basis of the number of stock carried on the ratepayer’s land, no person’s name shall be entered on the ratepayers list, unless, on the date specified in subsection (2) of this section, there are carried on the land in respect of which his name appears on the county valuation roll—
(a)
At least one hundred sheep or lambs, or twenty head of cattle of whatever age; or
(b)
If both sheep and cattle are carried on the land at least one hundred stock units, counting each sheep or lamb as one stock unit and each head of cattle, irrespective of age, as five stock units.
(2)
For the purpose of preparing the list, or of amending it as hereinafter set out, every person within the district whose name appears on any such county valuation roll shall, on demand in writing from the Secretary, deliver or cause to be delivered to the Secretary a written return of the number of cattle, of whatever age, and of sheep and lambs carried on his land on the thirtieth day of November preceding the date of the demand:
Provided that where it is proposed to amend the list by inserting the name of a person occupying land on which no stock or insufficient stock was carried on that date but on which stock is subsequently depastured, the date of the return shall be that set out in the Secretary’s written demand.
(3)
The particulars so obtained shall be entered on the ratepayers list in addition to any other particulars taken from the county valuation rolls.
(4)
Every person commits an offence against this Act who refuses or neglects to deliver or cause to be delivered such a return within fourteen days after the date of the demand, or who makes a false return.
(5)
If any person on whom a demand has been made pursuant to subsection (2) of this section fails within thirty days after the date of the demand to furnish a return of stock carried on his land, the Secretary may enter the name of that person on the ratepayers list as the owner of such number of stock or stock units as he thinks fit, and shall notify that person accordingly. Nothing in this subsection shall relieve that person from any liability he may have incurred for a breach of the provisions of this section.
Compare: 1955, No. 28, s. 27
36 Minimum area where land rated on any other basis
Where the rates within the district are levied on the basis of the acreage of land occupied by the ratepayer, or on the basis of the rateable value of the land occupied by the ratepayer, no person’s name shall be entered on the ratepayers list and no person shall be liable to pay rates under this Act unless the land in respect of which his name appears on the county valuation roll is at least ten acres in area:
Provided that, in determining the eligibility of any person to have his name entered on the ratepayers list or the liability of any person to pay rates under this Act, the Board may, at its discretion, aggregate every area of land in the district of which the person is the occupier, whether or not any such area is less than ten acres in area.
Compare: 1955, No. 28, s. 28
37 Deposit of ratepayers list for public inspection
(1)
Immediately after the preparation of the ratepayers list it shall be deposited at the office of the Secretary and shall be open to public inspection without fee during ordinary office hours.
(2)
Forthwith after depositing the list the Secretary shall give public notice of the place where the list is deposited and of the day and place for the hearing of objections and the revision of the list by the Board.
(3)
The date fixed for the hearing of objections shall not be earlier than twenty-one days nor later than thirty-five days after the date on which public notice is given.
(4)
Where no objections to the list are received within the time specified in subsection (1) of section 38 of this Act, it shall be signed by the Secretary and, subject to any amendments made pursuant to section 40 of this Act, shall, in the absence of proof to the contrary, be sufficient evidence for the purposes of this Act that the persons named in it are ratepayers and of the correctness of the other matters set out in it.
Compare: 1955, No. 28, s. 29
38 Hearing of objections and revision of list
(1)
Any person may, not later than three days before the date fixed for the hearing of objections, lodge with the Secretary an objection in writing under his hand to the list on any of the following grounds:
(a)
That any person whose name is on the list does not, at the time the objection is lodged, possess the qualification in respect of which his name has been included:
(b)
That any person whose name is not on the list possesses, at the time the objection is lodged, the qualification in respect of which his name should be included:
(c)
That the list is in any other way incomplete or incorrect.
(2)
If any objection directly affects any person other than the objector, the objector shall serve a copy of the objection on that person not later than three days before the date fixed for the hearing of objections; and that person or his appointee shall be entitled to be present and to be heard at the hearing of the objection.
(3)
On the day fixed for hearing objections the Board shall proceed to hear and determine every objection lodged under this section, and may amend the list in respect of any matter objected to.
(4)
When every objection has been heard and determined, the list (including every amendment thereto that has been made as the result of an objection) shall be signed by the Secretary and, subject to the result of any appeal made under section 41 of this Act and to any amendments made under section 40 of this Act, the list and any amendments to it made under this section shall, in the absence of proof to the contrary, be sufficient evidence that the persons named in it are ratepayers and of the correctness of the other matters set out in it.
Compare: 1955, No. 28, s. 30
39 Ratepayers list to come into force when signed, and to be roll of electors
The ratepayers list shall come into force immediately after it is signed by the Secretary, and, subject to the result of any appeal made under section 41 of this Act and to any amendments made under section 40 of this Act, shall be the roll of electors for the district until a new list comes into force in like manner.
Compare: 1955, No. 28, s. 31
40 Amendment of list
(1)
After the ratepayers list has come into force and before the date fixed for the preparation of a new list, the Board shall from time to time, on application by any person or on its own motion, amend the ratepayers list for its district by adding the name of any person who then possesses the necessary qualification but whose name does not appear in the fist, and by removing from the list the name of any person who does not then possess the necessary qualification.
(2)
The Board shall also from time to time cause any necessary alterations to be made to the names, addresses, and qualifications of persons enrolled on the list.
(3)
In the case of a district in which the rates are levied on the basis of the number of stock carried on the ratepayer’s land, no amendment shall be made to the list under this section merely because of any change in the number of stock carried on any land since the preparation of the list, except where the change raises the number of stock to or above the minimum specified in section 35 of this Act and makes the occupier of the land eligible to have his name entered on the ratepayers list.
Compare: 1955, No. 28, s. 32(1), (2)
41 Appeals to Magistrate’s Court in respect of ratepayers list
(1)
Any person aggrieved by any act or decision of the Board touching or concerning the ratepayers list may, within twenty-one days after the act or decision if done or made under section 38 of this Act, or not later than the day on which the roll of electors is to be closed for the purposes of any election or poll in any other case, appeal from the act or decision by lodging with the Registrar of the Magistrate’s Court nearest to the place where the list is kept an objection in writing under his hand setting forth the grounds of the appeal. A copy of the appeal shall immediately thereafter be lodged with or sent to the Secretary to the Board.
(2)
Every appeal shall be heard by a Magistrate at such time and place as he may appoint, and not less than three days’ notice shall be given to the Secretary to the Board and to the appellant of the time and place so appointed.
(3)
On the hearing of the appeal the Magistrate may order such amendments to be made to the list as he thinks just.
(4)
Every such amendment shall be made by the Secretary and signed by the Magistrate.
Compare: 1955, No. 28, s. 32(4)–(7); 1964, No. 72, s. 13
Elections and Appointments of Members of Boards
42 Electors and voting powers
(1)
Every person who is not less than twenty-one years of age and whose name appears on the roll of electors for the time being in force in any district shall be an elector for the purposes of this Part of this Act.
(2)
In the case of a district in which the rates are levied on the basis of the number of stock carried on the ratepayer’s land, the number of votes exercisable by an elector shall be determined by the number of stock, or, as the case may be, stock units, appearing opposite his name on the roll, such number of units being calculated as set out in section 35 of this Act. The number of votes shall be as follows:
(a)
If the number of stock or stock units is not more than five thousand he shall have one vote:
(b)
If the number of stock or stock units is more than five thousand and not more than ten thousand he shall have two votes:
(c)
If the number of stock or stock units is more than ten thousand and not more than twenty thousand he shall have three votes:
(d)
If the number of stock or stock units is more than twenty thousand and not more than thirty thousand he shall have four votes:
(e)
If the number of stock or stock units is more than thirty thousand he shall have five votes; and no elector shall have more than five votes.
(3)
In the case of a district in which the rates are levied on the basis of the acreage of the land occupied by the ratepayer, the number of votes exercisable by a ratepayer shall be determined in accordance with the following provisions:
(a)
Where the whole of the pest destruction district is contained within a county an elector shall have the same number of votes, based on the rateable value of the land, as he could exercise in respect of the same qualifications at an election of Councillors under the Counties Act 1956:
(b)
Where the pest destruction district includes more than one, or parts of more than one, county, if the system of rating is the same in each county an elector shall have the same number of votes, based on the rateable value of the land, as he could exercise in respect of the same qualifications at an election of Councillors under the Counties Act 1956:
(c)
If the system of rating in force in every such county is not the same, the Board shall, by resolution, decide which of the systems so in force shall be adopted for the purposes of this section, and an elector shall have the same number of votes, based on the rateable value of the land, as he could exercise in respect of the same qualifications at an election of Councillors under the Counties Act 1956, if the system of rating so adopted was in force in the county in which the land occupied by the elector is situated.
(4)
In the case of a pest destruction district where the rates are levied on the basis of the rateable value of the land occupied by the ratepayer, an elector shall have the same number of votes, based on the rateable value of his land ascertained in accordance with the system of rating determined by the Board under the Rating Act 1967 for the making and levying of rates in the pest destruction district, as he could exercise in respect of an election of Councillors under the Counties Act 1956 for the county in which the land is situated under the system of rating so determined.
(5)
No elector shall have more than three votes under subsection (3) or subsection (4) of this section in connection with any pest destruction district.
(6)
Notwithstanding anything in this section, if on any valuation roll from which the ratepayers list is compiled pursuant to section 34 of this Act two or more persons are named as the occupiers of any one property, then, for the purpose of voting at any election or poll under this Act, only the person whose name appears first on that roll in respect of that property shall be entitled to vote at the election or poll.
Compare: 1955, No. 28, s. 33; 1959, No. 84, s. 7
43 First election of Board
(1)
The Minister shall appoint such person as he thinks fit to be the Returning Officer to hold the first election of members of the Board of a newly constituted district, and to prepare the first ratepayers list for the district.
(2)
Forthwith on his appointment the Returning Officer shall cause the ratepayers list to be prepared, and with respect thereto all the provisions of subsection (3) of section 34 and sections 35 to 41 of this Act shall, with the necessary modifications, apply as in the case of the preparation of the list by the Secretary to the Board, and every reference in those sections to the Secretary or to the Board shall, for the purposes of this section, be taken as a reference to the Returning Officer appointed under this section.
(3)
The Minister shall also appoint the day for the first election of the Board, and may do all things necessary for bringing the provisions of this Act into operation in the district according to its true intent and purpose.
Compare: 1955, No. 28, s. 34; 1964, No. 72, s. 14
44 In default of election Governor-General may appoint members
(1)
If on the day appointed for any election of members no persons are duly elected, or if a less number is elected than by law is required to be elected, the Governor-General may appoint as many qualified persons to be members as are required, and every person so appointed shall hold office as if he had been duly elected.
(2)
Notwithstanding anything in this Act, any person who is not an elector may be appointed and hold office as a member of the Board under this section if the Governor-General is satisfied that no elector, or an insufficient number of electors, qualified for appointment, is available and willing to accept office:
Provided that the number of members appointed under this subsection shall not exceed half the number of elective members for the time being fixed for that Board.
Compare: 1955, No. 28, s. 35
45 Special procedure where electors do not exceed forty in number
(1)
Where the total number of electors on the roll for any district does not exceed forty, but not otherwise, the provisions of subsection (3) of this section shall apply with respect to the election of any member or members to the Board.
(2)
Where the total number of electors on the roll for any ward of a district does not exceed forty, but not otherwise, the provisions of subsection (3) of this section shall apply with respect to the election of any member or members to represent that ward on the Board.
(3)
If within the time limited for the receipt of nominations there is received by the Returning Officer a nomination paper in proper form signed by a majority in number of the electors who are on the roll for the district or ward, as the case may be, and who also possess in their own right a majority of the votes exercisable by all the electors for the district or ward, as the case may be, and nominating the required number of qualified persons to fill all the vacancies on the Board in respect of the district or ward, as the case may be, then, notwithstanding that other nominations have been received, the Returning Officer may, at the place and on the day appointed for the receipt of nominations, publicly declare the person or persons so nominated by a majority of the electors to be duly elected, and such person or persons shall be deemed to be duly elected without the taking of a poll.
Compare: 1955, No. 28, s. 36; 1960, No. 48, s. 6
46 Local Elections and Polls Act 1966 applied
(1)
Subject to the provisions of this Act, all elections under this Act and all polls taken on any proposals that under this Act are submitted to the votes of the electors or ratepayers of the district, or of any defined part of the district, shall be held and taken in accordance with the provisions in that behalf in the Local Elections and Polls Act 1966.
(2)
Nothing in subsection (1) of this section shall affect the provisions of the Local Authorities Loans Act 1956, and all proceedings for the raising of loans in the district shall be taken under that Act.
(3)
Notwithstanding anything in this section, provision may be made by regulations made under this Act for the election of members of Boards, and for the taking of polls on proposals submitted to ratepayers, by a system of postal voting to be prescribed by the regulations.
Compare: 1955, No. 28, s. 37
Disqualification and Vacancies
47 Disqualification for election as member of Board
(1)
Subject to the provisions of subsection (2) of section 44, subsection (3) of section 48, and subsection (4) of section 64 of this Act, the following persons shall be incapable of being elected to be members of a Board or of being appointed to the office of an elective member of a Board:
(a)
A person who is not an elector or who does not possess a qualification as an elector:
(b)
An alien:
(c)
A mentally defective person within the meaning of the Mental Health Act 1911:
(d)
A bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled:
(e)
A person convicted of any offence punishable by imprisonment, unless he has received a free pardon or has served his sentence or otherwise suffered the penalty imposed on him.
(2)
Except as provided in this section, every elector of a district shall be qualified to be a member of the Board of that district.
Compare: 1955, No. 28, s. 39
48 Extraordinary vacancies
(1)
The office of any elective member of the Board, or of any member appointed to the office of an elective member, shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy, if the member—
(a)
Dies; or
(b)
Resigns his office by writing delivered to the Secretary or the Chairman of the Board; or
(c)
Is absent without leave from four consecutive meetings of the Board; or
(d)
Ceases to be an elector of the Board’s district; or
(e)
Becomes a mentally defective person within the meaning of the Mental Health Act 1911; or
(f)
Is adjudged a bankrupt; or
(g)
Is convicted of any offence punishable by imprisonment.
(2)
Any extraordinary vacancy may, at the request of the Board, instead of being filled in accordance with the Local Elections and Polls Act 1966, be filled by the appointment by the Governor-General of some qualified person to be a member of the Board; and every person so appointed shall come into office at the time of his appointment and, unless he sooner vacates office, shall continue in office until the members elected at the next general election of members come into office. Nothing in this subsection shall be construed to limit the powers of the Board under section 51 of the Local Elections and Polls Act 1966.
(3)
Notwithstanding anything in this Act, where the vacancy is to be filled by appointment under subsection (2) of this section, any person who is not an elector may be so appointed and hold office as a member of the Board if the Governor-General is satisfied that no elector qualified for appointment is available and willing to accept office:
Provided that the number of members appointed under this subsection shall not exceed half the number of elective members for the time being fixed for that Board.
Compare: 1955, No. 28, s. 40
Chairman of Board
49 Chairman of Board
(1)
The Board shall at the first meeting after its election and from time to time thereafter appoint one of its members, other than the member (if any) appointed by the Minister, to be the Chairman of the Board.
(2)
During the selection of a Chairman at the first meeting of the Board of a newly constituted district the Returning Officer who conducted the first election of members of the Board shall preside. During the selection of a Chairman at any other meeting of a Board the Secretary shall preside. In the case of an equality of votes at any ballot for the purpose of selecting a Chairman the person so presiding shall determine the selection by lot in such manner as the Board directs.
(3)
The Chairman shall come into office on his appointment and shall hold office until the appointment of his successor. He shall preside at all meetings of the Board and shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(4)
In the absence of the Chairman from any meeting the members present may appoint one of their number to act as Chairman at that meeting, and while so acting he shall have all the powers of the Chairman.
Compare: 1955, No. 28, s. 41; 1964, No. 72, s. 15
50 Annual allowance to Chairman
(1)
The Board may pay to the Chairman of the Board such annual allowance as may from time to time be fixed by the Board, but no alteration in the amount of the allowance shall take effect during the term of office of any Chairman.
(2)
The annual allowance fixed under subsection (1) of this section shall not exceed five hundred dollars where the district of the Board exceeds one million acres in area and shall not exceed three hundred dollars in every other case.
(3)
For the purposes of this section, a person reappointed as Chairman shall be deemed to be a new Chairman.
Compare: 1955, No. 28, s. 42
Proceedings of Board
51 First meeting of Board of newly constituted district
The first meeting of the Board of a newly constituted district shall be held at such time and place as the Minister may appoint.
Compare: 1955, No. 28, s. 43; 1964, No. 72, s. 16
52 Meetings and procedure of Board
(1)
The Board shall hold ordinary meetings for the transaction of general business at such times as the Board from time to time appoints, but not less frequently than once in three months.
(2)
The first ordinary meeting of the Board of any district, other than a newly constituted district, shall be held not later than one month after the date of the general election of members.
(3)
The Secretary shall give notice in writing to each of the members of the time and place from time to time appointed for ordinary meetings.
(4)
The Secretary shall, on requisition in writing by the Chairman or any two members of the Board, call a special meeting of the Board by notice in writing addressed to each member.
(5)
At all meetings of the Board a quorum shall consist of half the total number of members when that number is even, and a majority of the members when that number is odd.
(6)
Subject to the provisions of this Act and of any regulations for the time being in force under this Act, the Board may regulate its own procedure.
Compare: 1955, No. 28, s. 44; 1964, No. 72, s. 17
53 Proceedings not invalid by reason of vacancy in membership, etc.
No act or proceeding of the Board, or of any committee of the Board, or of any person acting as a member of the Board or of a committee, shall be invalidated because of a vacancy in the membership of the Board or committee at the time of the act or proceeding, or of the subsequent discovery that there was some defect in the election or appointment of any member of the Board or committee or of any person so acting or that he was incapable of being a member.
Compare: 1955, No. 28, s. 45
Officers, Employees, and Administrative Services
54 Officers, employees, and administrative services
(1)
Subject to subsection (3) of this section, the Board shall appoint a Secretary and a Treasurer, and may from time to time appoint such Inspectors, overseers, and other officers and employees (including acting or temporary or casual officers and employees) as it thinks fit.
(2)
One person may be appointed to hold two or more offices or appointments under subsection (1) of this section.
(3)
The Board may enter into arrangements, on such terms and conditions as may be agreed, with the Council of any county, any part of which is within the Board’s district, whereby the County Clerk of the county shall provide secretarial and accounting services for the Board; and every County Clerk who provides such services shall, for the purposes of this Act, be deemed to be the Secretary to the Board.
(4)
Where a County Clerk provides secretarial and accounting services for a Board under subsection (3) of this section, the Board, for the purposes of making and levying rates under this Act, and the County Clerk, for the purpose of collecting such rates, may, except where the rates in the district are levied on the stock-carrying basis, use the valuation roll of the county if the persons whose names are on that roll and who are liable to pay rates under this Act are clearly distinguishable from the persons whose names are on that roll and who are not so liable; and in any such case subsections (1) and (2) of section 75 of this Act shall not apply:
Provided that nothing in this subsection shall relieve any Board from the obligation to comply with the provisions of section 34 of this Act.
Compare: 1955, No. 28, s. 46
Functions and Powers of Boards
55 Principal functions of Boards
(1)
The principal functions of every Board shall be—
(a)
To destroy, within its district, pests of national importance:
(b)
To destroy, within its district, pests of local importance that have been so declared in respect of the district:
(c)
To employ pest-destruction officers for the purpose of inspecting any land and destroying any pest, using such methods of destruction as may be recommended by the Council:
(d)
To inspect any land and require the occupier to destroy any pest when the Board has been authorised by the Minister to administer Part III of this Act in accordance with section 60 of this Act:
(e)
To join with other Boards in joint operations against pests in the Boards’ districts, where a joint effort is warranted to achieve greater efficiency:
(f)
To investigate the effects of any animal infestation on agriculture and agricultural production within its district and to report the results of the investigations to the Council; and, where the Board considers that any such infestation is having a detrimental effect on agriculture or agricultural production, to recommend to the Council that the species of animal concerned be declared to be a pest of either national or local importance under subsection (1) of section 3 of this Act.
(2)
Every Board that has been authorised by the Minister to destroy opossums or wallabies shall, on and after the commencement of this Act, continue to have authority to do so until that authorisation has been revoked by the Governor-General by Order in Council on the advice of the Minister given on the joint recommendation of the Council and the appropriate Board.
(3)
For the purposes of this Act, where a Board has authority to destroy opossums or wallabies under subsection (2) of this section, opossums or wallabies, as the case may be, shall be deemed to be pests of local importance in respect of the Board’s district while that authority continues in force.
Compare: 1955, No. 28, s. 47
56 Power to enter, inspect, and do work on land
(1)
Subject to the provisions of this Act, any Inspector appointed by the Board, and any other person authorised in that behalf by the Board, may, for the purposes of this Act, enter at all reasonable times on any land in the Board’s district and—
(a)
Inspect the land:
(b)
Do on the land all such acts and things as appear to the Board to be necessary or expedient to ensure the destruction of pests on the land, including, with the agreement of the occupier, the supply and erection of fences where this is essential to the effectiveness of the destruction programme.
(2)
The power of entry conferred by subsection (1) of this section shall not be exercised for the purposes of paragraph (b) of that subsection in respect of any private land except—
(a)
After not less than five days’ previous notice, in form 1 in the First Schedule to this Act, has been given on behalf of the Board to the person in actual occupation of the land; or
(b)
On the expiration of a period of not less than ten days after the publication on behalf of the Board, in a newspaper circulating in the locality in which the land is situated, of a notice, in form 2 in the First Schedule to this Act, to the effect that the Board intends to destroy nominated pests in an area, being an area in which the land is situated, which is sufficiently described in the notice to enable any person in actual occupation of the land reading the notice to identify the land as being within the area:
Provided that this subsection shall not apply in any case where the occupier of the land agrees to entry on the land by an Inspector or other authorised person.
(3)
For the purposes of paragraph (b) of subsection (1) of this section, the Inspector or other authorised person may, after the expiration of the period specified in the notice given under subsection (2) of this section, but subject to the provisions of subsections (4) and (5) of this section, remove any livestock then on any land or part of any land that is referred to in the notice, or, as the case may be, that is within the area to which the notice relates, to any other land or part of any land occupied by the person in occupation of the first-mentioned land. In any such case the costs and expenses incurred by the Board in the removal may be recovered as a debt due to the Board from the person in occupation of the land.
(4)
No livestock shall be removed under subsection (3) of this section except—
(a)
After ten days’ previous notice in writing has been given by the Inspector or other authorised person to the person in occupation of the land; or
(b)
Pursuant to an order of a Magistrate if, within the said period of ten days, the person in occupation applies to a Magistrate under subsection (5) of this section to have his objection heard.
(5)
Any person to whom notice is given under subsection (4) of this section, and who objects to the removal of the livestock, may apply to a Magistrate, within the said period of ten days, to have his objection heard and determined. On hearing any such application, the Magistrate may make such order as he thinks fit; and every such order shall be final and binding on all parties.
Compare: 1955, No. 28, s. 48
57 Recovery of expenditure on land by Board
(1)
Where pursuant to section 56 of this Act any work is carried out by or on behalf of the Board on any land, other than Crown land, half or any lesser part of the expenses incurred by the Board in respect of the work may, in the discretion of the Board, be recovered as a debt due to the Board from the occupier of the land.
(2)
Any judgment under this section may be given in favour of the Board and enforced as if it were a judgment for rates; and, in the case of Maori land, the amount recoverable from the occupier may be recovered in the manner in which rates on the land may be recovered.
(3)
For the purposes of subsection (2) of this section—
(a)
Sections 73, 78, and 80 to 86 of the Rating Act 1967;
(b)
Part VIII of the Rating Act 1967, other than paragraph (c) of subsection (4) of section 153 and subsection (1) of section 155; and
(c)
Any other enactment relating to the enforcement of judgments for rates or, as the case may require, to the recovery of rates on Maori land—
shall apply, as far as they are applicable and with the necessary modifications.
(4)
For the purposes of subsections (2) and (3) of this section, the Maori Land Court may, where section 155 of the Rating Act 1967 is applicable, make an order in accordance with subsection (2) of that section without considering whether alienation of the land concerned would facilitate the payment of future rates on the land and without considering the matters specified in subsection (1) of that section.
(5)
Where the mortgagee of any land pays any amount payable by the occupier in respect of the land under this section, or satisfies any judgment obtained against the occupier of the land under this section, the amount so paid by the mortgagee shall be recoverable by him from the mortgagor and, until it is so recovered, shall be deemed to be added to and to form part of the principal sum secured by the mortgage and to be chargeable with interest accordingly from the date of its payment by the mortgagee.
Compare: 1955, No. 28, s. 49
58 Exercise of powers in respect of Crown land or Maori land with consent of Minister
(1)
The power to do work conferred by section 56 of this Act shall not be exercised in respect of Crown land unless the Board first obtains the consent of the Minister.
(2)
The Board may, if it thinks fit, apply to the Minister for his consent to the doing by the Board on any Maori land of any work pursuant to the power conferred by section 56 of this Act; and, where that consent is granted, the provisions of this section shall apply to the land to which the consent relates.
(3)
The Minister may, in his discretion, refuse his consent to the doing of the work under this section, or may grant his consent either unconditionally or on and subject to such terms and conditions as he thinks fit.
(4)
Where, pursuant to this section, any work is carried out by or on behalf of the Board on any Crown land or Maori land to the satisfaction of the Minister, all expenses which the Minister considers have been reasonably incurred by the Board in respect of the work shall be defrayed from the Consolidated Revenue Account, out of money from time to time appropriated by Parliament for the purpose.
Compare: 1955, No. 28, s. 50
59 Recovery from occupier of Maori land of expenses paid by Crown
(1)
The amount of all expenses paid by the Crown in respect of any Maori land may be recovered by the Crown in the manner in which rates on the land may be recovered; and the provisions of Part VIII of the Rating Act 1967, other than paragraph (c) of subsection (4) of section 153 and subsection (1) of section 155, and of any other enactment relating to the recovery of rates on Maori land, shall apply with the necessary modifications.
(2)
For the purposes of subsection (1) of this section, the Maori Land Court may, where section 155 of the Rating Act 1967 is applicable, make an order in accordance with subsection (2) of that section without considering whether alienation of the land concerned would facilitate the payment of future rates on the land and without considering the matters specified in subsection (1) of that section.
Compare: 1955, No. 28, s. 51
60 Board may be authorised to administer Part III of this Act within its district
(1)
The Minister may, on the recommendation of the Council, authorise any Board to administer, within its district, the provisions of Part III of this Act instead of exercising the powers conferred by section 56 of this Act.
(2)
Where any Board is authorised to administer the provisions of the said Part III, the following provisions shall apply:
(a)
References in that Part to the Crown (except in section 108) shall be deemed to be references to the Board:
(b)
References in that Part to a person authorised by an Inspector shall be deemed to be references to a person authorised by the Board.
(3)
The Minister may at any time, on the recommendation of the Council, revoke any authority given by him under this section.
(4)
Any authority so given, and any such revocation, shall take effect on a date to be fixed in that behalf by the Minister.
(5)
Where the Minister gives or revokes any authority under this section he may cause notice of the giving of the authority or of the revocation to be published in the Gazette and in a newspaper circulating in the Board’s district, specifying in the notice the date on which the authority or revocation is to take effect.
(6)
On the taking effect of any such revocation the Board shall cease to be charged with the administration of Part III of this Act, and the Board and the Inspectors appointed by the Board shall cease to have any powers under that Part, except for the purpose of recovering any expenses incurred in the destruction of pests before the revocation took effect.
Compare: 1955, No. 28, s. 53; 1958, No. 89, s. 3
61 Power of Board to purchase and sell goods intended to be used for destruction of pests
(1)
The Board shall have power to purchase and to sell or otherwise dispose of goods or substances intended to be used for the destruction of pests or for the prevention of the incursion or increase of pests within its district, or, with the consent of the other Board concerned, within any other district.
(2)
The Board shall also have power to sell or otherwise dispose of poison or poisonous substances to any other Board, or to the holder of any licence under section 17 of the Poisons Act 1960, or to any person who may sell poisons in accordance with section 13 of that Act, or to any other person for use in agriculture or horticulture or in the destruction of pests.
(3)
Without limiting in any way the general powers conferred on it by subsection (1) of this section, the Board may, for the purpose of exercising those powers, apply for and be granted a licence under the Arms Act 1958 to deal in ammunition, notwithstanding anything to the contrary in that Act.
(4)
No Board shall, without the written consent of the Council, purchase any goods or substances intended to be used for any of the purposes specified in subsection (1) of this section otherwise than from the Council if the Council is able to supply such goods or substances at the same cost as, or at less cost than, similar goods or substances of like quality that are available from other sources.
Compare: 1955, No. 28, s. 54; 1960, No. 97, s. 56(1)(d), (2); 1963, No. 52, s. 3
62 Power of Board to purchase and dispose of real or personal property
(1)
The Board may, out of its funds, purchase, take on lease, hire, or otherwise acquire such land, buildings, parts of buildings, plant, machinery, and equipment as in the opinion of the Board are necessary for the exercise and performance of its powers, functions, and duties.
(2)
Subject to subsection (3) of this section, the Board may, if it thinks fit, sell, transfer, grant on lease, let out on hire, or otherwise dispose of any of its real or personal property.
(3)
Except with the consent of the Minister given on the recommendation of the Council and on such terms and conditions as the Minister may think fit to impose, the Board shall not sell or otherwise dispose of any land, building, plant, or machinery used by the Board for the manufacture or distribution of any poison or poisonous substances if the land, building, plant, or machinery was purchased by the Board wholly or in part out of money granted to the Board under section 87 of this Act.
Compare: 1955, No. 28, s. 54a; 1959, No. 84, s. 8; 1963, No. 52, s. 4
63 Delegation of powers of destroying pests
(1)
Subject to the provisions of this section, any Board may delegate such of its powers as it thinks fit to the Council, to another Board, or to a committee appointed by the Board.
(2)
Any Board which, under subsection (1) of this section, accepts from any other Board a delegation of any powers may from time to time appoint a committee or committees, and may delegate to any such committee all or any of the powers that the Board may exercise by delegation as aforesaid.
(3)
Any person, whether or not he is a member of the Board, may be appointed as a member of any committee established by a Board under subsection (1) or subsection (2) of this section:
Provided that, except with the consent of the Minister, no person shall be appointed as a member of a committee unless he is an elective member of a Board or is an Inspector appointed under Part III of this Act.
(4)
Every committee established under subsection (1) or subsection (2) of this section is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951. There may be paid to members of every such committee, out of the funds of the Board that has delegated any of its powers to the committee, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
(5)
It shall be lawful for a Board from time to time to enter into contracts of insurance insuring members of any committee established under subsection (1) or subsection (2) of this section against loss from personal accident arising out of and in the course of the exercise or performance of their powers, functions, or duties as members, and to pay the premiums payable in respect of such contracts.
(6)
Any Board that establishes a committee under subsection (1) or subsection (2) of this section shall appoint Chairman from among the members of the committee, and may, with the consent of the Minister, pay to that Chairman such grants or annual allowance as the Minister approves, not exceeding three hundred dollars in the case of an annual allowance.
Compare: 1955, No. 28, s. 55a(1)–(6); 1960, No. 48, s. 8
64 Change of control of pest district
(1)
If at any time the Board of any district so requests, or if at any time it appears to the Council that a Board, by an unreasonable failure or refusal to exercise or perform any of the powers, functions, or duties conferred or imposed on it by this Act, is not properly carrying out the destruction of pests or the measures necessary to ensure the effective control of pests in its district, the Council may, if it thinks fit, recommend to the Minister—
(a)
In the case of a district other than a County district, either—
(i)
That the district be abolished under section 27 of this Act; or
(ii)
That the elective members of the Board be removed from office, and that other persons be appointed in their place:
(b)
In the case of a County district, that the County Council shall cease to be the Board of the district, and either—
(i)
That other persons be appointed as the Board of the district; or
(ii)
That the district be abolished under section 27 of this Act and either reconstituted as a new district or added to another district under section 23 of this Act.
(2)
Where any recommendation is made by the Council under subparagraph (ii) of paragraph (a) of subsection (1) of this section, the Governor-General may, on the recommendation of the Minister, remove the elective members of the Board from office and appoint as many fit persons as are required to be members in their place. The persons so appointed shall, subject to the provisions of section 48 of this Act, hold office and be deemed to be elective members until the coming into office of the members elected at the general election of members next following the date of their appointment.
(3)
Where any recommendation is made by the Council under subparagraph (i) of paragraph (b) of subsection (1) of this section, the Governor-General may, on the recommendation of the Minister, declare that the County Council shall cease to be the Board of the district and may appoint as many fit persons as are required to be the Board of the district. The persons so appointed shall hold office as members of the Board of the district during the pleasure of the Governor-General. Where any vacancy occurs in the office of any member so appointed, the vacancy may be filled by the appointment by the Governor-General of some fit person, and every person so appointed shall come into office as a member of the Board at the time of his appointment and shall continue to hold office during the pleasure of the Governor-General.
(4)
Notwithstanding anything in this Act, any person who is not an elector may be appointed and hold office as a member of the Board under subsection (2) of this section if the Governor-General is satisfied that no elector, or an insufficient number of electors qualified for appointment, is available and willing to accept office:
Provided that the number of members appointed under this subsection shall not exceed half the number of elective members for the time being fixed for that Board.
(5)
Where, pursuant to subsection (3) of this section, the Governor-General appoints the members of any Board, he may at any time thereafter, on the recommendation of the Minister, revoke the appointment of every member of the Board on a date to be specified in that behalf by the Governor-General, and on such revocation taking effect the County Council having jurisdiction within the area comprising the district shall be deemed to be the Board of the district.
(6)
This section shall be read subject to subsection (5) of section 67 of this Act.
Compare: 1955, No. 28, s. 56; 1964, No. 72, s. 18
65 Assumption of Board’s powers, functions, and duties by Council
(1)
Where a Board has made a request under subsection (1) of section 64 of this Act or where the Council has made a recommendation to the Minister under that subsection, the Council may assume all the powers, functions, and duties of the Board under this Act (other than the power to levy rates) until such time as the district is abolished or other persons are appointed to be members of the Board in accordance with the said section 64.
(2)
While the Council is acting under subsection (1) of this section, all acts done by the Council in the purported exercise or performance of any of the powers, functions, or duties of the Board shall be as valid as if the acts were done by the Board in the ordinary course of the conduct of its business.
(3)
This section shall be read subject to subsection (5) of section 67 of this Act.
66 Other remedies against Board not affected
Nothing in section 64 or section 65 of this Act shall be so construed as to exclude or affect any other remedy available against a Board, or the members of a Board, or any other person, in respect of any act or omission done or made or intended to be done or made by the Board or the members of the Board or any other person.
67 Appeal by Board from Council’s recommendation
(1)
Where the Council has made a recommendation to the Minister under subsection (1) of section 64 of this Act, the Council shall forthwith notify the Board concerned in writing setting out the grounds upon which the recommendation was made.
(2)
Within twenty-one days after the receipt by the Board of a notification under subsection (1) of this section, the Board may appeal from the recommendation of the Council, on the ground that it has not unreasonably failed or refused to exercise or perform any of the powers, functions, or duties conferred or imposed on it by this Act, by lodging with the Registrar of the Magistrate’s Court nearest to the office of the Board an objection in writing setting forth the ground of the appeal. A copy of the appeal shall immediately thereafter be lodged with or sent to the Council.
(3)
Every appeal shall be heard by a Magistrate at such time and place as he may appoint, and not less than three days’ notice shall be given to the Board and the Council of the time and place so appointed.
(4)
On the hearing of the appeal the Magistrate may—
(a)
Allow the appeal; or
(b)
Dismiss the appeal; or
(c)
Where the appeal has been made by a Board other than a County Board, substitute, for the recommendation appealed from, any other recommendation that may be made under paragraph (a) of subsection (1) of section 64 of this Act; or
(d)
Where the appeal has been made by a County Board, substitute, for the recommendation appealed from, any other recommendation that may be made under paragraph (b) of subsection (1) of section 64 of this Act.
(5)
Until the time within which a notice of appeal under this section may be lodged by a Board has expired or, if such an appeal has been lodged, unless and until a Magistrate has either dismissed the appeal or substituted, for the recommendation appealed from, another recommendation, neither the Council nor the Minister shall take any further action under section 64 or section 65 of this Act; and, where another recommendation has been so substituted, further action shall be taken only in accordance with the substituted recommendation.
Houses for Employees
68 Power to provide houses for employees
(1)
The Board shall have power to purchase, take on lease, or otherwise acquire houses, or to purchase sites and erect houses thereon, for the accommodation of its employees.
(2)
Any house or land purchased by the Board under subsection (1) of this section may be purchased on terms providing for the payment by the Board of the whole or any part of the purchase money, with interest thereon, by instalments extending over a period not exceeding twenty years. The purchase of any house or land in accordance with this subsection shall, for the purposes of Part I of the Local Authorities Loans Act 1956, be deemed to be the borrowing of money, and the provisions of that Act shall, so far as they are applicable and with the necessary modifications, apply accordingly.
(3)
For the purpose of facilitating the acquisition of land by the Board for the purposes of this section, the Governor-General may, on the application of the Board and at its expense in all things, take under the Public Works Act 1928 any land, or any particular estate or interest in land (whether for the time being subsisting separately or not), or any easement over any land (whether for the time being subsisting or not). Notwithstanding anything to the contrary in the Public Works Act 1928, the effect of a Proclamation issued for the purposes of this section shall be to vest the land, estate, interest, or easement, as the case may be, in the Board instead of in the Crown; and all proceedings subsequent to the issue of the Proclamation in respect of compensation, or otherwise for the purpose of complying with that Act, shall be taken against the Board, which shall be deemed to be the respondent and shall be liable in respect of the taking to the same extent as the Crown or the Minister of Works would have been liable if the taking had been for the purposes of a Government work.
(4)
The Board may sell, lease, or otherwise dispose of any land, or any part of any land, or any house, purchased or erected by it under this section, and no longer required for the use of its employees.
Compare: 1955, No. 28, s. 61
Borrowing
69 Borrowing powers of Board
(1)
For the purpose of providing funds for the purchase of houses or the purchase of sites and the erection of houses for the accommodation of its employees, or for any other works it is authorised to undertake under this Act, the Board may from time to time borrow money, subject to the provisions of this section and of Part I of the Local Authorities Loans Act 1956.
(2)
The amount that may be so borrowed by the Board in any one financial year shall not exceed in the aggregate the sum of twenty thousand dollars; and the total amount so borrowed by any Board and outstanding at any time shall not exceed the sum of sixty thousand dollars:
Provided that nothing in this subsection shall restrict the power of the Board to borrow under section 20 of the Local Authorities Loans Act 1956:
Provided also that where a new county district comes into existence by virtue of subsection (2) of section 19 of this Act, or where any area is added to a county district, the County Board of the district shall, for the purposes of subsection (5) of the said section 20, be deemed to be a newly constituted local authority if it operates a separate bank account for pest destruction purposes.
Compare: 1955, No. 28, s. 62; 1962, No. 97, s. 2
70 Special procedure for consent to loan where number of ratepayers does not exceed one hundred
(1)
This section shall apply in any case where the prior consent of the ratepayers to the raising of a loan by any Board is required or demanded or resolved to be obtained under the Local Authorities Loans Act 1956, and where the total number of ratepayers who will be liable to be rated in respect of the loan does not exceed one hundred.
(2)
Instead of the taking of a poll under the Local Authorities Loans Act 1956, a majority in number of the ratepayers liable to be rated who also possess in their own right a majority of the votes exercisable at a poll by all of such ratepayers may, by notice in writing under their hands addressed to the Chairman of the Board, consent to the raising of the loan and declare their desire to dispense with the formality of a poll.
(3)
The receipt of any such notice by the Chairman shall have the same effect as the due carrying of the proposal to raise the loan.
(4)
As soon as practicable after receiving the notice, the Chairman shall send to the Minister of Finance, for publication in the Gazette, a certificate under the hand of the Chairman—
(a)
Stating that the formal poll has been dispensed with at the request of the ratepayers;
(b)
Specifying the total number of ratepayers signing the request, the total number of votes possessed by them, the total number of ratepayers liable to be rated for the proposed loan, and the total number of votes possessed by the ratepayers liable to be rated; and
(c)
Declaring the proposal to raise the loan to be carried.
(5)
The Chairman shall also cause a similar certificate to be published in a newspaper or newspapers circulating in the district.
(6)
Every certificate published in the Gazette pursuant to this section shall be conclusive evidence that the consent of the ratepayers of the district to the raising of the loan has been obtained, and that all proceedings and things in relation thereto have been lawfully taken and done.
(7)
Every Chairman of a Board who knowingly inserts or causes or allows to be inserted any false statement in any certificate published under this section commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars.
Compare: 1955, No. 28, s. 63
Rates and Rating
71 General rate
(1)
For the purposes of its general revenue the Board may from time to time, as it thinks fit, make and levy a general rate on all rateable property within its district.
(2)
Where the rate is to be levied on the basis of the number of stock carried on the ratepayer’s land, the maximum rate that may be levied in any financial year (including any separate rate levied under section 73 of this Act) shall not exceed two cents for every sheep and ten cents for every head of cattle so carried.
(3)
Where the rate is to be levied on the basis of the rateable value of the ratepayer’s land, the maximum rate that may be levied in any financial year (including any separate rate levied under section 73 of this Act) shall not exceed one cent in the dollar on the capital value of that land; but the total amount payable by any one ratepayer shall not exceed ten cents an acre of his holding.
(4)
Where the rate is to be levied on the basis of the acreage of land occupied by the ratepayer, the maximum rate that may be levied in any financial year (including any separate rate levied under section 73 of this Act) shall not exceed ten cents for every acre of the land.
(5)
Where in any financial year any area is added to the district after the Board has made its general rate for that year, the Board may make and levy, for such part of that year as is unexpired at the time of the addition of the area, a general rate on all rateable property within the added area:
Provided that—
(a)
Subject to the provisions of the Rating Act 1967, the amount demanded from and payable by any ratepayer for any rate levied pursuant to this subsection shall not exceed such proportion of the amount that would have been payable by him if he were liable for the general rate for the whole of the year as the said unexpired part of the year bears to the whole of the year:
(b)
No rate under this subsection shall be levied on any rateable property that, before its addition to the district, formed part of any other district and that is liable for any general rate made for that year by the Board of that other district.
Compare: 1955, No. 28, s. 64
72 Power to levy differential rates
(1)
The Board may levy any general rate on a graduated scale according to a classification made, under this section, of the land on which the rate is to be levied, and shall so levy any such rate if the Minister, acting on the recommendation of the Council, at any time so directs.
(2)
Before making a rate under this section in any financial year the Board shall, by resolution, classify all the land in its district.
(3)
In classifying the land in its district the Board shall have regard to—
(a)
The degree to which different pieces of land are affected by any pest:
(b)
The degree of benefit derived or likely to be derived by any piece of land from the operations of the Board in destroying pests on that land or on any other land:
(c)
The risks of infestation or reinfestation of any piece of land by any pests from any other land:
(d)
The extent to which steps have been taken by or on behalf of a ratepayer to reduce or control the number of pests on his land or the movement of pests to or from that land:
(e)
Such other circumstances of any nature whatever as the Board considers relevant.
(4)
The rate shall be made and levied on each class of land in such proportions as the Board determines.
(5)
Every classification so made shall be set forth in a list to be sealed with the common seal of the Board. The classification list shall include a statement of the proportions in which the rate is to be imposed on the several classes of land to which the list relates.
(6)
On the completion of the classification list the Board shall forthwith cause public notice to be given—
(a)
That the classification list has been completed;
(b)
Of the proportions in which the rate is to be imposed on the several classes of land; and
(c)
Of the place where and the period during which the classification list may be inspected,—
and shall allow the classification list to be inspected during ordinary office hours at that place for a period of not less than twenty-one days.
(7)
Any person aggrieved by the classification may appeal against it on the ground that the land of the appellant, or any other land in the district, has not been fairly classified.
(8)
A notice setting out the grounds of the appeal shall, within seven days after the expiration of the period of twenty-one days appointed for the inspection of the classification list, be filed by the appellant in the Magistrate’s Court nearest to the office of the Board, and a copy of the notice shall within the same seven days be lodged at the office of the Board.
(9)
The appeal shall be heard by a Magistrate at such time and place as the Magistrate appoints on the application of any party; and not less than three days’ notice of that time and place shall be given to the appellant, to the Secretary to the Board, and to every other person affected by the appeal.
(10)
On the hearing of any such appeal the Magistrate may confirm the classification list or cause it, or any matter in it, to be amended in such manner as he thinks reasonable, and he shall sign the list so confirmed or amended; and the determination of the Magistrate shall be final and conclusive.
(11)
Every classification list sealed with the seal of the Board, or signed by a Magistrate in the case of any appeal, shall, for the purpose of any proceedings for the recovery of rates, be sufficient evidence of a classification duly made by the Board in accordance with the requirements of this section, and of the proportions in which the rate is imposed on the several classes of land to which the list relates.
(12)
Where in any financial year the Board proposes, pursuant to subsection (5) of section 71 of this Act, to make a general rate on rateable property in any area added to its district, and the rate already made by the Board for that year has been made on a graduated scale under this section, the Board, before making the rate on the added area, shall by resolution classify all land in the added area and shall, in accordance with this section, complete and give public notice of a supplementary classification list for the purposes of the proposed rate. All the provisions of this section shall apply, with the necessary modifications, to the classification and to the supplementary classification list.
Compare: 1955, No. 28, s. 65; 1960, No. 48, s. 9; 1963, No. 52, s. 5
73 Separate rates for destruction of pests of local importance
Subject to subsections (2) to (5) of section 71 of this Act, every Board may, in addition to levying a general rate under the said section 71, levy a separate rate to be applied towards the destruction of any pest of local importance; and all the provisions of sections 72 and 84 of this Act shall, as far as they are applicable and with the necessary modifications, apply to the separate rate as if it were a general rate levied under section 71 of this Act.
74 Special rates
(1)
Every rate made and levied by the Board under the authority of this Act or any other Act and intended as security for the repayment of money borrowed shall be deemed to be a special rate within the meaning of the Local Authorities Loans Act 1956, and the provisions of that Act relating to special rates shall apply accordingly.
(2)
No special rate shall be quashed by any proceedings in any Court or otherwise.
(3)
If in any district the general rate is made and levied on the basis of the acreage of land occupied by the ratepayer, any special rate or any other rate leviable on rateable property by the Board pursuant to any lawful authority shall also be made and levied on an acreage basis, and the provisions of any enactment relating to such special or other rates shall be read subject to the provisions of this subsection.
(4)
If in any district the general rate is levied on the basis of the number of stock carried on the ratepayer’s land, any special rate leviable on rateable property by the Board pursuant to any lawful authority shall be made and levied on the rateable value of such rateable property as appearing on the valuation roll of the Board’s district. In preparing the ratepayers list for any such district from the valuation rolls of the several counties pursuant to section 34 of this Act the amount at which any ratepayer’s land is valued on any such roll shall, for the purposes of any special rate to be made and levied in the district, be inserted in the list opposite his name.
(5)
Notwithstanding anything in sections 34 to 36 of this Act, where any Board has raised a loan under the powers conferred by this Act or any other Act, and has made and levied a special rate as security for the repayment of the loan, and for the payment of interest, sinking fund, and other charges thereon, any land liable for the special rate at the time of its making shall not cease to be liable by reason merely of the occupier or occupiers of the land ceasing to retain the qualification for the insertion of their names on the ratepayers list prepared pursuant to the said sections 34 to 36 and of the omission of their names from that list; and for the purposes of the levying of the special rate a supplementary list shall be prepared at the same time as the main ratepayers list for the district containing the names of the occupiers of all land liable for the payment of the special rate but not liable for the payment of the general rate in the district. Such supplementary list shall be prepared in the same manner as the main ratepayers list, and the provisions of subsection (3) of section 34 and sections 36 to 41 of this Act shall apply to it. During the currency of the loan, and for the purposes of the levying of the special rate in connection therewith, the main ratepayers list and the supplementary list made under this subsection shall be deemed to be the valuation roll of the Board’s district.
Compare: 1955, No. 28, s. 66
75 Ratepayers list to be valuation roll for district
(1)
For the purposes of the making and levying of rates, the ratepayers list from time to time prepared and signed under this Act, with any amendments lawfully made to it, shall be the valuation roll for the district.
(2)
The valuation roll so signed shall, in the absence of proof to the contrary, be sufficient evidence of its contents, and that it has been made in accordance with this Act.
(3)
In respect of every county district the valuation roll for the county shall be used for the purposes of the making and levying of rates under this Act.
(4)
For the purposes of subsection (3) of this section the County Board shall ensure that the persons whose names are on the county valuation roll and who would be liable to pay rates to the County Board under this Act are clearly distinguishable from the persons whose names are on that roll and who would not be so liable.
Compare: 1955, No. 28, s. 67
76 Power to remit or refund rates
(1)
On application being made in writing to the Board by any ratepayer, the Board may in any financial year remit or refund any rates payable or paid by the ratepayer, either wholly or in part.
(2)
Any ratepayer aggrieved by a decision of the Board made under subsection (1) of this section may, within twenty-one days after the receipt by him of notification of the Board’s decision, object in writing to the Council. As soon as practicable after the receipt of such an objection, the Council shall consider it and may either confirm the decision of the Board or direct the Board to remit or refund all of the rates payable or paid by the objector or such proportion of them as the Council may specify.
(3)
No remission or refund of rates under this section shall, in respect of any ratepayer, exceed twenty dollars without the approval of the Minister given on the recommendation of the Council.
Compare: 1955, No. 28, s. 68; 1963, No. 52, s. 6
77 Rating Act 1967 to apply
Except as otherwise provided in this Act, the provisions of the Rating Act 1967 shall apply to all rates made under this Act.
Compare: 1955, No. 28, s. 69
Change of Rating Basis
78 Basis of rating may be changed on poll of ratepayers
(1)
Subject to the provisions of this Act, the Board may from time to time, pursuant to a poll of ratepayers, change the basis on which the general rate within its district is made and levied.
(2)
Subject to subsection (1) of this section, a proposal to change the basis of rating may be submitted to the ratepayers on the initiative of the Board, and shall be so submitted by the Board on receipt of a requisition signed by not less than fifteen percent of the ratepayers in the district.
(3)
In any district in which the rate is made and levied on the basis of the number of stock carried on the ratepayer’s land, there may be submitted to the ratepayers, pursuant to this section, a proposal to change the basis of rating either to that of the rateable value of the ratepayer’s land or to that of the acreage of land occupied by the ratepayer.
(4)
In any other district there may be submitted to the ratepayers, pursuant to this section, a proposal to change from the acreage basis to the rateable-value basis, or from the rateable-value basis to the acreage basis, as the case may require.
(5)
It shall not be lawful to change the basis of rating from the acreage basis or the rateable-value basis to the stock-carrying basis.
Compare: 1955, No. 28, s. 70
79 Special list in district rated on stock-carrying basis
(1)
Before any proposal to change the basis of rating is submitted to the ratepayers in a district that is rated on the stock-carrying basis, the Secretary to the Board shall prepare, for the purposes of the poll, a new ratepayers list containing the names of all persons within the district who will be qualified to be entered on it if the proposal is carried.
(2)
The provisions of subsection (3) of section 34 and of sections 36 to 41 of this Act shall apply to the preparation of the list, and when it is signed by the Secretary it shall be the ratepayers list for the district for the purposes of the poll.
Compare: 1955, No. 28, s. 71
80 Ratepayers list to be roll for purposes of poll
(1)
The ratepayers list for the district shall be the roll of ratepayers for the purposes of any poll to change the basis of rating, and, subject to the provisions of subsection (6) of section 42 of this Act, every person on the list shall be entitled to vote and shall have the same number of votes as he would have in respect of the same qualifications at an election of councillors under the Counties Act 1956.
(2)
In respect of every county district the roll of electors for the county shall be used for the purposes of any poll to change the basis of rating, and, subject to section 49 of the Counties Act 1956, every person whose name appears on that roll and who is liable to pay rates to the County Board under this Act shall be entitled to vote and shall have the same number of votes as he would have in respect of the same qualifications at an election of councillors under the Counties Act 1956.
(3)
For the purposes of subsection (2) of this section the County Board shall ensure that the persons whose names are on the roll of electors and who are entitled to vote at a poll under that subsection are clearly distinguishable from the persons whose names are on that roll and who are not so entitled.
Compare: 1955, No. 28, s. 72
81 Poll carried if majority in favour
A proposal to change the basis of rating under this Act shall be deemed to be carried if a majority of the valid votes recorded at the poll is in favour of the proposal.
Compare: 1955, No. 28, s. 73
82 Rates to be levied as determined by poll
If the result of the poll is in favour of the proposal, the Board of the district shall, in the financial year next following the date of the poll and thereafter until any fresh determination of the matter, make and levy its general rate on the basis determined at the poll.
Compare: 1955, No. 28, s. 74
83 Further polls
(1)
No further poll shall be taken on any proposal to change the basis of rating within five years immediately following the coming into force of the last preceding change of the basis of rating.
(2)
If any such proposal is submitted to a poll of the ratepayers and is not carried, the proposal shall not again be submitted to the ratepayers until the expiry of at least two years after the date of the taking of the poll.
Compare: 1955, No. 28, s. 75
Subsidy and Grants to Boards
84 Subsidy on general rates
(1)
There shall be payable to every Board from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose, a subsidy on the general rates (including grants by the Crown in lieu of rates) received by the Board in each financial year.
(2)
The subsidy payable in respect of any financial year shall be a sum equal to the amount received by the Board in respect of the general rates (including grants by the Crown in lieu of rates) made and levied in that year (exclusive of additional charges for late payment), less the amount of any such rates remitted or refunded under section 76 of this Act.
(3)
There may be paid to any Board under this section a subsidy on rates not actually received in the financial year for which the subsidy is payable but received by the Board not later than three months after the close of that financial year:
Provided that, where any rates are received by the Board later than three months after the close of the financial year, a subsidy may be paid on those rates if the Minister, on the recommendation of the Council, is satisfied that in all the circumstances the failure of the Board to collect the rates by not later than three months after the close of the financial year was excusable.
(4)
On receipt by the Minister of an application by a Board for payment of subsidy in anticipation of general rates receivable in any financial year, a sum not exceeding seventy-five percent of the amount which was collectable as rates by the Board during the preceding financial year may be advanced to that Board in the year in which the application is made.
(5)
Where, during any financial year, any area is added to a district by Order in Council made under section 23 of this Act, the Board may apply to the Minister for payment of a subsidy in anticipation of the general rates receivable in that year from ratepayers in the added area; and on receipt by the Minister of the application, a sum not exceeding seventy-five percent of the amount estimated to be so received in that year from the ratepayers may forthwith be advanced to the Board.
(6)
Where any area is constituted a district by Order in Council made under section 23 of this Act, the Board may apply to the Minister for payment of a subsidy in anticipation of the general rates receivable from ratepayers in the district during the balance of the financial year ending with the thirty-first day of March next following the date of the constitution of the district; and on receipt by the Minister of the application a sum not exceeding fifty percent of the amount estimated to be so received in that year from the ratepayers may forthwith be advanced to the Board.
(7)
All such advances shall be made from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose, and shall be repaid to that Account out of the first money accruing to the Board thereafter by way of subsidy and may be deducted therefrom or recovered accordingly.
(8)
Notwithstanding anything to the contrary in this section, where the Council is of the opinion that any Board is not properly carrying out the destruction of pests in its district or the measures necessary to ensure the effective control of pests therein, the Minister may, on the recommendation of the Council, determine that the subsidy payable to the Board under subsection (2) of this section in respect of any financial year, or any part of that subsidy, shall not be paid to the Board; and effect shall be given to the determination of the Minister in accordance with its tenor.
Compare: 1955, No. 28, s. 76; 1959, No. 84, s. 9; 1963, No. 52, s. 7; 1964, No. 72, s. 19
85 Subsidy on expenses recovered from occupier
Where, pursuant to section 57 or section 104 of this Act, any Board recovers from any occupier of land half or less of the expenses incurred by the Board in the destruction of pests on that land, or where, pursuant to subsection (3) of section 29 of this Act, the Board recovers any money from the Council of a borough or town district, there shall be payable to the Board from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose, a sum equal to the amount so recovered.
Compare: 1955, No. 28, s. 76a; 1964, No. 72, s. 20
86 Expenses of pest destruction by County Boards
(1)
Every County Board shall establish a separate account to be called the Pest Destruction Account.
(2)
All money received by a County Board pursuant to the provisions of this Act shall, within seven days after its receipt, be paid into the County Fund Account for the credit of the Pest Destruction Account.
(3)
Every County Board may from time to time make transfers of money from its General Account or from any appropriate Riding or County Town Account to the Pest Destruction Account; and there shall be payable to every County Board from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose, a subsidy equal to the amount of every such transfer.
(4)
The provisions of section 101 of the Counties Act 1956 (as substituted by section 5 of the Counties Amendment Act 1964) shall apply in respect of every withdrawal of money from the Pest Destruction Account.
(5)
All money withdrawn from the Pest Destruction Account shall be used solely for the purpose of the destruction of pests in accordance with the provisions of this Act.
(6)
Where any part of a county forms part of a pest destruction district of which the County Council is not also the Board, any payments by the County Council for the destruction of pests in the county district shall not include any portion of the proceeds of any rate levied under the Counties Act 1956 on the land that is within the district of the other Board.
(7)
For the purposes of subsection (6) of this section, the County Council shall allow a rebate to any ratepayer of a proportion of the general rates payable by him in any financial year, such proportion being equivalent to the proportion which the total amount to be expended on pest destruction in that year bears to the total amount of general rates levied in the county in that year.
Compare: 1955, No. 28, s. 76b; 1964, No. 72, s. 21
87 Grants to Boards for purposes of destruction of pests
(1)
For the purpose of assisting Boards to carry out effectively the destruction of pests in their districts, there may from time to time be paid to such Boards as the Minister, on the recommendation of the Council, determines such sums as the Minister, on the like recommendation, approves.
(2)
For the purpose of making any recommendation under this section, the Council shall have regard to the extent to which the district of the Board is infested or in danger of being infested with pests, the financial position of the Board, and such other matters as in the opinion of the Council are relevant.
(3)
Every sum paid under this section shall be paid from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose.
Compare: 1955, No. 28, s. 77; 1958, No. 89, s. 2(4); 1960, No. 48, s. 10
Receipts and Expenditure
88 Money to be paid into bank
(1)
All money belonging to the Board amounting to ten dollars or more shall, within seven days after it is received by the proper officer of the Board, be paid into the general account of the Board at such bank as the Board from time to time appoints.
(2)
All money shall be paid by the Board in cash, or by cheque signed by the Treasurer or any other officer of the Board whom the Board, by resolution, from time to time appoints for the purpose of signing cheques, and countersigned in each case by any member of the Board whom the Board from time to time authorises to sign cheques:
Provided that it shall be lawful, with the prior consent of the Audit Office, for any money to be paid by the Board by cheque signed as aforesaid and countersigned by any officer of the Board whom the Board, by resolution, from time to time appoints for that purpose.
(3)
Every payment of money by the Board shall be authorised by a prior resolution of the Board or shall be submitted to the Board for confirmation at its next ordinary meeting after the date of payment.
(4)
Notwithstanding anything in subsection (2) of this section, it shall be lawful, with the prior consent in writing of the Audit Office and subject to such conditions as the Audit Office prescribes, for any money to be paid by the Board by cheque bearing facsimiles of the signatures of the persons authorised to sign and countersign cheques, and every cheque bearing such facsimiles shall be deemed to have been duly signed and countersigned in accordance with that subsection.
Compare: 1955, No. 28, s. 78
89 Imprest account
(1)
The Board may, pursuant to a resolution in that behalf, establish an imprest account, which shall, as the Board may determine, be kept in the Post Office Savings Bank or in any bank within the meaning of the Banking Act 1908.
(2)
The imprest account may be held jointly in the names of and be operated on by the Treasurer and one other person to be appointed in that behalf by the Board, or may, with the express approval in writing of the Audit Office, but not otherwise, be in the sole name of and be operated on by the Treasurer or any other approved officer of the Board. Where the imprest account is held jointly in the names of the Treasurer and of one other person, that other person shall be either a responsible officer of the Board or a member of the Board.
(3)
The Board shall from time to time, by resolution, fix the maximum amount that may be held at any time in the imprest account, not exceeding four hundred dollars in any case where the imprest account may be operated on by one person acting alone, and not exceeding such amount as the Audit Office may approve in any other case.
(4)
Money in the imprest account shall be available only for the payment of salaries, wages, and emergency expenditure. A statement of all payments made from the imprest account shall be submitted to the Board for confirmation at its first ordinary meeting after the date of payment. The payment of money out of the imprest account for any purpose not hereby authorised shall be deemed to be misappropriation of the funds of the Board.
(5)
The provisions of section 88 of this Act shall be read subject to the provisions of this section.
Compare: 1955, No. 28, s. 79
90 Deposit of money at interest
The Board may, where it considers it advisable that any sum of money at credit of any account, other than a separate account for loan money, should be placed on deposit at interest, deposit that sum with any bank approved by the Board or, with the consent of the Governor-General in Council, deposit that sum with any local authority or public body authorised by law to receive money on deposit.
Compare: 1955, No. 28, s. 80
91 Accumulation of funds
(1)
No Board shall at the end of any financial year, without the consent of the Minister, have accumulated funds in its general account or in any investment account or, in the case of a County Board, in its Pest Destruction Account or in any investment account, in excess of fifty percent of the Board’s average annual expenditure for the purposes of pest destruction during the three immediately preceding financial years.
(2)
Notwithstanding any thing to the contrary in this Act, where in any financial year any Board contravenes the provisions of subsection (1) of this section, the subsidy payable to the Board under section 84 or section 86 of this Act in respect of the next succeeding financial year may, at the discretion of the Minister, be reduced by the maximum amount by which the accumulation of funds exceeds or has exceeded fifty percent of the Board’s average annual expenditure as aforesaid.
(3)
In determining, for the purposes of subsection (2) of this section, the maximum amount by which an accumulation of funds exceeds or has exceeded fifty percent of the Board’s average annual expenditure as aforesaid the Board’s ordinary obligations and outstanding revenue shall be taken into account.
(4)
For the purposes of subsection (1) of this section, any expenditure by a Board from grants made under section 87 of this Act and any expenditure which, in the opinion of the Minister, was capital expenditure shall not be regarded as forming part of the Board’s annual expenditure.
92 Board not to pay occupier for destroying pests on his own land
In the exercise of its powers under this Act it shall not be lawful for the Board to make any payment to any ratepayer in its district for destroying pests on the land occupied by him; but it shall be lawful for the Board to supply materials, without charge, and to lend plant and equipment, to an occupier of land in the district for the purpose of destroying pests on the land occupied by him.
Compare: 1955, No. 28, s. 82
93 Travelling allowances and expenses for members
(1)
The Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(2)
There shall be paid to members of the Board, out of the funds of the Board, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
Compare: 1955, No. 28, s. 83
94 Insurance of members of Board against personal accident while engaged in duties
It shall be lawful for the Board from time to time to enter into contracts of insurance insuring members of the Board against loss from personal accident arising out of and in the course of the exercise or performance of their powers, functions, or duties as members, and to pay the premiums payable in respect of such contracts.
Compare: 1955, No. 28, s. 84
95 Subscriptions to Boards Associations and travelling expenses of representatives
(1)
Any Board affiliated to the North Island Rabbit Boards Association or to the South Island Rabbit Boards Association, or to any other Association or Council of Boards, may from time to time pay the annual subscription of the Board to the Association or Council.
(2)
For the purpose of paying travelling allowances and expenses to members of the Board, the attendance by any member at conferences of the Association or meetings of any Association or Council of Boards shall be deemed to be attendance at a meeting of the Board, and the provisions of section 93 of this Act shall apply accordingly.
Compare: 1955, No. 28, s. 86
96 Unauthorised expenditure
The Board may in any financial year, out of its income available for general purposes, expend for purposes not authorised by any Act or law for the time being in force any sum or sums not amounting in the whole to more than five percent of the total amount receivable from the general rate levied by the Board in that year, nor in any case to more than four hundred dollars:
Provided that if five percent of the amount receivable from the general rate levied does not in any financial year amount to forty dollars, the Board may in that year expend the sum of forty dollars for those purposes.
Compare: 1955, No. 28, s. 87
Accounts
97 Books of account
(1)
The Board shall cause books to be kept in such form as the Audit Office may from time to time require, and shall cause full and true accounts to be entered therein of every sum received and every sum paid on account of the Board in the order of date of each such receipt and payment, and also of the several purposes for which the sums were received and paid.
(2)
The books shall during ordinary office hours be open to inspection by any ratepayer without fee, and any ratepayer may make copies of or take extracts from the books without fee.
(3)
Every person having the custody of the books commits an offence and is liable on summary conviction to a fine not exceeding ten dollars who does not, on the reasonable demand of any ratepayer, permit him to inspect the books or make copies of or take extracts from them.
Compare: 1955, No. 28, s. 88
98 Yearly balance sheet and statement of accounts
(1)
Before the end of April in each year the Board shall cause to be prepared a yearly balance sheet and statement of accounts showing fully the financial position of the Board and the financial results of its operations during the immediately preceding financial year. There shall be included therein the amounts of all rates made and levied and of all money received and expended during that year, and the amounts of all debts then owing by and to the Board. The balance sheet and statement shall bear an endorsement that the accounts shown therein are subject to audit, and shall be signed by the Treasurer.
(2)
A copy of the balance sheet and statement of accounts shall forthwith after preparation be sent by post to the Minister.
(3)
Forthwith after the audit of the accounts pursuant to the Public Revenues Act 1953, the Board shall deposit a copy or copies of the accounts as so audited for inspection in some convenient place or places within the district and give public notice that the audited accounts are available there for inspection.
Compare: 1955, No. 28, s. 89
99 Yearly balance sheet and statement of accounts of County Boards
(1)
All the provisions of the Counties Act 1956 and of any regulations for the time being in force under that Act relating to the statements of accounts of counties shall, so far as they are applicable and with the necessary modifications, apply to the Pest Destruction Account of every County Board and to every other account of a County Board established under this Act and to the financial results of every County Board’s operations in respect of pest destruction.
(2)
The Minister may at any time require a County Board to supply him with a statement of accounts in respect of any account established under this Act and with a statement showing the financial results of the County Board’s operations in respect of pest destruction.
Part III Destruction of Pests Generally
100 Inspectors
There may from time to time be appointed, under the State Services Act 1962, such Inspectors as may be required for the purposes of this Part of this Act.
Compare: 1955, No. 28, s. 91
101 Power to enter on land and inspect
Any Inspector, or any person authorised by him in writing, may enter at all reasonable times on any land for the purpose of seeing whether there are pests on the land.
Compare: 1955, No. 28, s. 92
102 Inspector may require occupier to destroy pests
(1)
Any Inspector may serve or cause to be served on the occupier of any land on which he believes there are pests a notice in writing, in form 3 in the First Schedule to this Act or to that effect, requiring the immediate destruction of pests on that land.
(2)
Every occupier on whom such a notice is served shall forthwith begin and thereafter continue to do all such acts and things as may be necessary to destroy, within the shortest time possible, all pests on the land referred to in the notice.
(3)
Every such occupier who fails or neglects to comply with any provision of subsection (2) of this section commits an offence and is liable on summary conviction to a fine not exceeding two hundred dollars and, if the offence is a continuing one, to a further fine not exceeding ten dollars for every day or part of a day during which the offence has continued.
(4)
Whenever any person is convicted of any offence under this section he shall not thereby be relieved from the obligation to comply with the provisions of subsection (2) of this section pursuant to the notice originally served on him, and if he again fails or neglects, or continues to fail or neglect, to comply therewith at any time later than one month after the date of any conviction under this section he shall be deemed to have committed a further offence.
Compare: 1955, No. 28, s. 93
103 Inspector may enter and destroy pests if occupier fails
(1)
If the occupier of any land on whom a notice is served under section 102 of this Act fails or neglects to comply with any provision of subsection (2) of that section, any Inspector, or any person authorised by him in writing, may at all reasonable times enter on the land referred to in the notice and do all such acts and things as appear to him to be necessary or expedient to ensure the destruction of the pests on that land.
(2)
The powers conferred by this section may be exercised in addition to or instead of the taking of proceedings for an offence under section 102 of this Act.
Compare: 1955, No. 28, s. 94; 1956, No. 38, s. 3(d)
104 Liability of occupier for cost of destruction of pests
(1)
Subject to the provisions of this section, half or less of the expenses incurred in the destruction of pests on any land pursuant to section 103 of this Act may be recovered from the occupier of the land on whom the notice was served under section 102 of this Act, as a debt due to the Crown.
(2)
Any judgment under this section may be given in favour of the Crown and enforced as if it were a judgment for rates; and, in the case of Maori land, the amount recoverable from the occupier may be recovered in the same manner in which rates on the land may be recovered.
(3)
For the purposes of subsection (2) of this section—
(a)
Sections 73, 78, and 80 to 86 of the Rating Act 1967;
(b)
Part VIII of the Rating Act 1967, other than paragraph (c) of subsection (4) of section 153 and subsection (1) of section 155; and
(c)
Any other enactment relating to the enforcement of judgments for rates or, as the case may require, to the recovery of rates on Maori land—
shall apply, as far as they are applicable and with the necessary modifications.
(4)
For the purposes of subsections (2) and (3) of this section, the Maori Land Court may, where section 155 of the Rating Act 1967 is applicable, make an order in accordance with subsection (2) of that section without considering whether alienation of the land concerned would facilitate the payment of future rates on the land and without considering the matters specified in subsection (1) of that section.
(5)
Where the mortgagee of any land pays any amount payable by the occupier in respect of the land under this section, or satisfies any judgment obtained against the occupier of the land under this section, the amount so paid by the mortgagee shall be recoverable by him from the mortgagor and, until it is so recovered, shall be deemed to be added to and to form part of the principal sum secured by the mortgage and to be chargeable with interest accordingly from the date of its payment by the mortgagee.
Compare: 1955, No. 28, s. 95; 1956, No. 38, s. 3(e)
105 Rights of occupier not in actual occupation of land
(1)
Where, under section 102 of this Act, a notice is served on any person who is not the person in actual occupation of the land concerned for the purposes of this Act, he shall forthwith notify the actual occupier of that land of the service of the notice. If the notification under this subsection is made in writing, it may be served in any of the ways in which a notice may be served under this Act.
(2)
Unless, within fourteen days after the service of the notice by the Inspector, the actual occupier makes satisfactory arrangements with the person on whom the notice was served for the destruction of pests on the land, that person shall have in respect of the land all the powers of an Inspector under section 103 of this Act.
(3)
Nothing in this section shall affect any other rights that the said person not in occupation may have against the actual occupier of the land in respect of the actual occupier’s failure to destroy the pests on the land.
Compare: 1955, No. 28, s. 96
106 Destruction of pests on abandoned land
(1)
Where, under this Part of this Act, any Inspector or other authorised person enters on any land and finds it to be deserted or abandoned, he may, for the purpose of destroying pests thereon, exercise all the powers conferred by section 103 of this Act without giving any prior notice to the occupier of the land.
(2)
The expenses incurred in respect of the destruction of pests pursuant to this section may be recovered from the occupier as a debt due to the Crown, and the provisions of section 104 of this Act shall apply accordingly.
Compare: 1955, No. 28, s. 97
107 Destruction of pests on Crown land, or on Maori land in certain cases
(1)
With the consent of the Minister, any Inspector or any person authorised by him in writing may enter on any Crown land and do all such acts and things as may be necessary to ensure the destruction of pests on that land.
(2)
With the consent of the Minister, any Inspector or any person authorised by him in writing may, instead of exercising the powers conferred by the foregoing provisions of this Part of this Act, enter on any Maori land and do all such acts and things as may be necessary to ensure the destruction of pests on that land.
(3)
The Minister may in his discretion refuse his consent under this section or give his consent either unconditionally or on and subject to such terms and conditions as he thinks fit.
(4)
All expenses incurred in respect of the destruction of pests under this section shall be defrayed from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose.
Compare: 1955, No. 28, s. 98
108 Recovery from occupier of Maori land of expenses paid by Crown
(1)
The amount of all expenses paid by the Crown under this Act in respect of any Maori land may be recovered by the Crown in the same manner in which rates on the land may be recovered; and the provisions of Part VIII of the Rating Act 1967, other than paragraph (c) of subsection (4) of section 153 and subsection (1) of section 155, and of any other enactment relating to the recovery of rates on Maori land, shall apply accordingly, with the necessary modifications.
(2)
For the purposes of subsection (1) of this section, the Maori Land Court may, where section 155 of the Rating Act 1967 is applicable, make an order in accordance with subsection (2) of that section without considering whether alienation of the land concerned would facilitate the payment of future rates on the land and without considering the matters specified in subsection (1) of that section.
Compare: 1955, No. 28, s. 99
109 Board not to administer this Part except in certain cases
Except as provided in sections 29 and 60 of this Act, no Board shall administer this Part of this Act.
Compare: 1955, No. 28, s. 100
Part IV Miscellaneous Provisions
Pests in Chatham Islands
110 Pests not to be introduced into Chatham Islands
Every person commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars who introduces or allows to go at large in the Chatham Islands any pest of national importance or any pest of local importance which has been so declared in respect of any district.
Compare: 1955, No. 28, s. 104
Liberation and Keeping of Pests
111 Liberation of pests prohibited
Every person commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months who lets loose or permits to be let loose in any part of New Zealand any pest of national importance, or any pest of local importance which has been so declared in respect of any district, or who removes any such live pest from any place to another place in New Zealand and then lets it loose or permits it to be let loose there, or who without lawful excuse is found with any such live pest in his possession.
Compare: 1955, No. 28, s. 105; 1960, No. 48, s. 11
112 Keeping live pests
(1)
Subject to any other Act which expressly provides to the contrary, no person shall keep any live pest on any land except pursuant to a permit granted under this section and in accordance with the conditions specified in the permit.
(2)
The Minister may, on application made to him for the purpose, grant to the controlling authority of any hospital, zoo, or research centre a permit to keep any live pest.
(3)
The Minister may refuse to grant a permit under this section, or may grant a permit for such period and subject to such conditions as he thinks fit.
(4)
Any permit under this section may, by notice in writing, be at any time revoked by the Minister.
(5)
Any Inspector, or any person authorised by the Minister, may enter at all reasonable times on the land or premises of the holder of a permit under this section and inspect any part of the land or premises for the purpose of ascertaining whether the conditions of the permit are being complied with.
Compare: 1955, No. 28, s. 106; 1959, No. 84, s. 10; 1960, No. 48, s. 12
General Provisions
113 Apportionment of costs between several occupiers
Where there are more occupiers than one of any land, and one of them is in any way compelled under this Act to pay the whole or any part of the expenses of destroying pests on the land, he may recover, as a debt due to him from the other occupiers of the land, such proportion of the expenses incurred by him in respect of the destruction of the pests as in the opinion of the Court in which the proceedings are taken is fairly proportionate to the respective interests in the land of the occupiers who are parties to the action:
Provided that, for the purposes of this section,—
(a)
Any occupier who is entitled to the actual occupation of the land for any period exceeding three years, or for a life or lives, shall be deemed to be liable for the whole of the expenses of destroying the pests on the land:
(b)
Any occupier whose right to actual occupation will terminate in six months or less shall be entitled to recover from the other occupiers the whole of the expenses paid by him.
Compare: 1955, No. 28, s. 107
114 References to land to extend to boundary roads
All references to land in this Act or in any notice under this Act shall be deemed to extend to the roads bounding the land; and any Inspector or occupier or other person having power under this Act to enter on land and to destroy pests thereon shall have power to enter on the roads bounding the land and to destroy the pests thereon:
Provided that such power shall not authorise the doing of any act that injures any road in any way.
Compare: 1955, No. 28, s. 108
115 Unauthorised trespassing on land
Every person commits an offence against this Act who, not being a person acting under powers conferred by this Act, trespasses on any land, without the consent of the occupier, for the apparent purpose of destroying pests on the land.
Compare: 1955, No. 28, s. 109
116 Inspector or other authorised person not deemed a trespasser
An Inspector or occupier, or a person authorised in writing in that behalf by any Board or Inspector or occupier, shall not be deemed a trespasser, or be liable for any damage occasioned by him in the exercise of the powers conferred on him by this Act, unless the damage is occasioned otherwise than in the reasonable exercise of those powers.
Compare: 1955, No. 28, s. 110
117 Notices
(1)
Any notice under this Act may be served by delivering it personally to the person on whom it is to be served; or by leaving it, or sending it by post in a registered letter addressed to him, at his usual or last known place of abode or business in New Zealand; or, if his whereabouts are not known, or his last place of abode or business is not known, to the person issuing the notice, by publishing it at least twice in a newspaper circulating in the district in which the land affected by the notice is situated.
(2)
Where the name of an occupier is unknown to an Inspector issuing a notice under this Act, the notice may be addressed to “the occupier”
as such, without specifying his name.
(3)
Where any land is required to be described in any notice under this Act, it shall not be necessary to define the boundaries of the land; and it shall be a sufficient description if the land is so referred to, whether by name, by number of section or allotment, by boundaries, or otherwise, that there can be no reasonable doubt as to what land is referred to.
(4)
Where a notice is sent by post in the manner prescribed by subsection (1) of this section, it shall be deemed to be served at the time at which the letter would have been delivered in the ordinary course of post; and where it is published in a newspaper in accordance with that subsection it shall be deemed to be served at the time of the last publication of the notice.
Compare: 1955, No. 28, s. 111
118 Poisoning or removing pests without authority
Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred dollars, or to both, who, not being a person acting under powers conferred by this Act, enters on any land that is not in his own legal possession or occupation, without the authority of the legal owner or occupier, and lays poison or destroys pests on the land, or removes any pests that have been poisoned or destroyed, or their skins, from the land.
Compare: 1955, No. 28, s. 112
119 Personating Inspector or authorised person
Every person commits an offence against this Act who personates or falsely represents himself to be an Inspector, or falsely represents himself to be a person authorised by any Inspector or any Board under this Act.
Compare: 1955, No. 28, s. 113
120 Obstructing or assaulting authorised person
(1)
Every person commits an offence against this Act who—
(a)
Wilfully obstructs or hinders, or causes to be obstructed or hindered, any Board, or any member of a Board, or any occupier, or any Inspector, or any other person authorised to exercise any power under this Act, in the exercise or performance of any power, function, or duty under this Act:
(b)
Threatens, assaults, or uses abusive language to any person to whom paragraph (a) of this subsection applies, while that person is engaged in the exercise or performance of any such power, function, or duty:
(c)
Without lawful authority, and while the work of destroying pests is in progress on any Crown land, persists in entering on any such land after being warned by an Inspector not to do so.
(2)
No proceedings in respect of any offence under this section shall be a bar to an action for damages by any such person in respect of any assault.
Compare: 1955, No. 28, s. 114
121 Sale or export of rabbit skins and carcasses prohibited
No person shall—
(a)
Sell or offer for sale; or
(b)
Export from New Zealand for sale,—
any rabbit skin or rabbit carcass produced in New Zealand.
Compare: 1955, No. 28, s. 114a; 1956, No. 38, s. 2
122 Offences and penalties
(1)
Every person commits an offence against this Act who acts in contravention of or fails to comply in any respect with any provision of this Act or of any regulations for the time being in force under this Act.
(2)
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable on summary conviction to a fine not exceeding two hundred dollars and, if the offence is a continuing one, to a further fine not exceeding ten dollars for every day or part of a day during which the offence has continued.
(3)
For the purposes of this section, the continued existence of anything in a state contrary to any provision of this Act or of any regulations for the time being in force under this Act shall be deemed to be a continuing offence.
Compare: 1955, No. 28, s. 115
123 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
(a)
Prescribing the means to be adopted for the destruction of pests:
(b)
Prescribing the standard of strength, quality, or quantity of any poison mixture or preparation, or of any ingredient or component part thereof:
(c)
Regulating the sale of poison mixtures or preparations, and prescribing the mode of labelling such mixtures or preparations in packages, and the matter to be contained or not to be contained on such labels:
(d)
Prohibiting or restricting or authorising the Board for the district to prohibit or restrict the destruction by any means of pests in any district or part thereof:
(e)
Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
(2)
Regulations made under this section may apply either generally or with respect to any particular part or parts of New Zealand, or with respect to any particular class or classes of land described in the regulations.
Compare: 1955, No. 28, s. 117; 1960, No. 48, s. 13; 1963, No. 52, s. 8
124 Agricultural Pests Destruction Council to be local authority for purposes of Poisons Act 1960
Section 2 of the Poisons Act 1960 is hereby amended by omitting from the definition of the term “local authority”
in subsection (1) the words “or a Rabbit Board; and”
, and substituting the words “or a Pest Destruction Board; and includes the Agricultural Pests Destruction Council; and also”
.
125 Other Acts not affected
Nothing in this Act shall be construed to limit the provisions of the Health Act 1956 or of the Poisons Act 1960 or of any regulations for the time being in force under either of those Acts.
126 Repeals, savings, and consequential amendments
(1)
The enactments specified in the Second Schedule to this Act are hereby repealed.
(2)
Part I of the First Schedule to the Local Authorities (Members’ Contracts) Act 1954 is hereby amended by repealing the item relating to Rabbit Boards, and inserting in its appropriate alphabetical order the following item:
“Pest Destruction Boards
1967, No. 147—The Agricultural Pests Destruction Act 1967.”
(3)
Part I of the First Schedule to the Public Bodies Contracts Act 1959 is hereby amended by repealing the item relating to Rabbit Boards, and inserting in its appropriate alphabetical order the following item:
“Pest Destruction Boards
1967, No. 147—The Agricultural Pests Destruction Act 1967.”
(4)
Part I of the Schedule to the Public Bodies Meetings Act 1962 is hereby amended by repealing the item relating to Rabbit Boards, and inserting in its appropriate alphabetical order the following item:
“Pest Destruction Boards
1967, No. 147—The Agricultural Pests Destruction Act 1967.”
(5)
Part I of the First Schedule to the Local Authorities (Employment Protection) Act 1963 is hereby amended by repealing the item relating to Rabbit Boards, and inserting in its appropriate alphabetical order the following item:
“Pest Destruction Boards
1967, No. 147—The Agricultural Pests Destruction Act 1967.”
(6)
Every reference in any Act, Order in Council, Proclamation, notice, regulations, or rules to a Rabbit Board or to the Rabbit Destruction Council shall hereafter, unless the context otherwise requires, be read as a reference to a Pest Destruction Board or, as the case may require, the Agricultural Pests Destruction Council.
Compare: 1955, No. 28, s. 118
SCHEDULES
FIRST SCHEDULE
Section 56
Form 1 Notice of Intention to Enter on Land and Destroy Pests
To [Name of occupier]
Take notice that, pursuant to section 56 of the Agricultural Pests Destruction Act 1967, an Inspector or other person authorised by the [Name of Board] will, as soon as practicable after the expiration of five days from the date of this notice, enter on the land occupied by you, for the purpose of destroying pests on that land.
Dated at this day of 19.
Secretary to the [Name of Board].
or Inspector or authorised person.
Form 2 Notice of Intention to Destroy Pests in Specified Area
Pursuant to section 56 of the Agricultural Pests Destruction Act 1967, all occupiers of land in the locality or area described in the Schedule hereto are hereby notified that the [Name of Board] intends to destroy [type of pest] in the said locality or area, and that for that purpose Inspectors or other persons authorised by the Board will, as soon as practicable after the expiration of ten days from the date of this notice, enter on the lands in the said locality or area.
Schedule
[Locality or area to be sufficiently described to enable an occupier to identify his land as being within the locality or area.]
Dated at this day of 19.
Secretary to the [Name of Board].
or Inspector or authorised person.
Form 3 Notice to Destroy Pests
To [Name of occupier]
Take notice that I, the undersigned, an Inspector under the Agricultural Pests Destruction Act 1967, hereby require you forthwith to destroy the [type of pest] on the following land [Here describe land].
Dated at this day of 19.
Inspector.
Note—Your attention is directed to the sections of the Agricultural Pests Destruction Act 1967 printed on the back of this notice.
If you fail or neglect to comply with this notice, you are liable to the fines prescribed by section 102 of the Act, and, in addition, the pests on your land may be destroyed at your expense.
[On the back of the notice are to be printed sections 102, 103, and 104 of the Act.]
SECOND SCHEDULE Enactments Repealed
Section 126(1)
1951, No. 79—The Fees and Travelling Allowances Act 1951: So much of the First Schedule as relates to the Rabbit Destruction Council.
1955, No. 28—The Rabbits Act 1955.
1956, No. 38—The Rabbits Amendment Act 1956.
1958, No. 89—The Rabbits Amendment Act 1958.
1959, No. 84—The Rabbits Amendment Act 1959.
1960, No. 48—The Rabbits Amendment Act 1960.
1960, No. 97—The Poisons Act 1960: Section 56(2).
1962, No. 97—The Rabbits Amendment Act 1962.
1963, No. 52—The Rabbits Amendment Act 1963.
1964, No. 72—The Rabbits Amendment Act 1964.
This Act is administered in the Department of Agriculture.
"Related Legislation
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Versions
Agricultural Pests Destruction Act 1967
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