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New Zealand.

ORCHARD AND GARDEN DISEASES.

1908, No. 138.

An Act to consolidate certain Enactments of tlie General Assembly

relating to Orchard and Garden Diseases.

BE IT ENACTED by the General Assembly of New Zealand in
Parliament assembled, and by the authority of the same, as follows :—

1. (1.) The Short Title of this Act is “ The Orchard and Garden short Title.
Diseases Act, 1908.”

(2.) This Act is a consolidation of the enactments mentioned in the Enactments
First Schedule hereto, and with respect to those enactments the consoUdated.
following provisions shall apply :—

(g.) All Orders in Council, regulations, orders, special orders. Savings,
notices, appointments, and generally all acts of authority
which originated under any of the said enactments, and
are subsisting or in force on the coming into operation of
this Act, shall enure for the purposes of this Act as fully and
efiectuaUy as if they had originated under the correspond¬
ing provisions of this Act, and accordingly shall, where
necessary, be deemed to have so originated.

(b,) All matters and proceedings commenced under any such enact¬
ment, and pending or in progress on the coming into
operation of this Act, may be continued, completed, and
enforced under this Act.

2. In this Act, if not inconsistent with the context,— interpretation.

“ Disease ” means any of the diseases named in the Second Sche- i903, No. 67, sec.
dule hereto, and includes any disease other than the diseases
mentioned in the Third Schedule hereto which the Governor
from time to time, by Order in Council gazetted, declares
to be a disease within the meaning of this Act; and includes,
but subject in every case to the provisions of the next suc¬
ceeding section, any of the diseases named in the Third
Schedule hereto :

Public, —138.]

2

i908.J

Consolidated Statutes

Third Schedule
may be suspended
in any county.

1003, No. 67, sec. 3

Powers of Governor
for preventing
introduction of
diseased plants, &c.

Ibid, sec. 4

“ Fruit ” means the edible product of any plant; and includes
the peel, skin, or shell of such product, and also the seeds
of such plant, whether such fruit is or is not attached to
the plant:

“ Infected ” means infected with disease :

“ Infected package ” includes every case or other package in
which any diseased plant of fruit is or has been contained
or with which any such plant or fruit has come in contact:

“ Minister ” means the Minister of Agriculture :

“ Occupier,” in the case of any orchard or land which is unoccupied
or whose actual occupier is unknown or cannot be found,
includes the owner:

“ Orchard ” means any land used for the purpose of orchard,
garden, nursery, vinery, or vineyard :

“ Plant ” means any tree, flower, shrub, vegetable, or other,
vegetation,

3. (1.) The Council of any county may from time to time, by
special order gazetted, declare that the Third Schedule hereto shall
(in respect of all or any one or more of the diseases mentioned therein)
be suspended within its jurisdiction.

(2.) In a county wherein “ The Counties Act, 1908,” is suspended,
or has never been in operation, a like declaration shall be made by the
Minister, by notice in the Gazette, on the petition of a majority of the
local authorities within the limits of the county.

(3.) Any such declaration may in like manner be rescinded, and
thereupon the said Third Schedule shall again have operation within
the limits of the county.

(4.) For aU the purposes of this section a borough shall be deemed
to be within the limits of the county within whose boundaries the borough
is situate, and similarly in the case of a town district which is not part
of the county.

4. The Governor may from time to time, by Order in Council
gazetted,—

(a.) Prohibit, absolutely or except in accordance with regulations
under this Act,—

(i.) The introduction into New Zealand, either gene¬
rally or from any specified colony, country, port, or place,
of any plant, fruit, fungus, parasite, insect, or any other
thing which in his opinion is likely to introduce any disease
into New Zealand ; or

(ii.) The bringing into any specified portion of New
Zealand from any other portion or specified portion of New
Zealand of any specified plant, fruit, fungus, parasite, insect,
or other thing which in his opinion is diseased or is likely to
spread disease :

(6.) Appoint any specified ports to be ’the only ports of entry for
plants or fruit, or for any specified plant or fruit:

(c.) Appoint quarantine grounds where plants or fruit, and the
packages containing the same or with which the same may
have come in contact, may be detained for the purpose of
being inspected, disinfected, destroyed, or otherwise disposed

Orchard and Garden Diseases

[No. 138.

8

(d.) Extend the Second Schedule hereto by including therein any
disease other than those mentioned therein.

5. The Governor may from time to time appoint such Inspectors
and other officers, with such powers and functions, as he deems necessary
in order to carry out the provisions of this Act.

6. The occupier of every orchard shall at all times do whatever
is necessary in order to eradicate disease from such orchard and prevent
the spread thereof.

7. The occupier of every orchard in which any disease appears
shall, within forty-eight hours after first discovering or becoming
aware of its presence, send written notice thereof to the Secretary for
Agriculture, at Wellington.

8. (1.) Any Inspector or other authorised officer may at any
time enter into any conveyance, or upon any orchard, land, or pre¬
mises, or on board any ship, for the purpose of inspecting any plants
or fruit, or the packages containing the same or with which the same
may have come in contact, and shall have all such powers and authorities
(including power to dig up plants, open packages, and otherwise) as
he deems necessary for enabling him to enforce the provisions of this
Act.

(2.) If the Inspector or other officer declares any such plants, fruit,
or packages to be diseased or infected with disease he shall give notice
thereof to the owner or person in charge thereof, who shall forthwith lake
such measures and do such acts as are necessary in order to eradicate
or prevent the spread of the disease. •

(3.) If such owner or person fails so to do to the satisfaction of
the Inspector or other officer, such Inspector or other officer may do
the same at the expense in all things of such owner or person, who never¬
theless shall not thereby be relieved from his other liabilities under
this Act.

(4.) In the exercise of the powers conferred upon him by this section
the Inspector or other officer may remove, treat, disinfect, destroy, or
otherwise dispose of any such plants, fruit, or packages in such manner
as he thinks fit.

9. (1.) Any plant, fruit, fungus, parasite, insect, or other thing
introduced or attempted to be introduced into New Zealand from abroad,
or brought or attempted to be brought into any portion of New Zea¬
land from any other portion thereof, contrary to any Order in Council
under this Act may, together with any package containing the same
or with which the same may have come in contact, be seized by an
Inspector or other authorised officer, or an officer of Customs, and be
disinfected, destroyed, or otherwise disposed of as such Inspector or
officer deems fit, at the expense of the owner or person in charge thereof.

(2.) It shall be the duty of all officers of the Postal Department and
of the Customs respectively to assist in carrying out the provisions of
this section and in preventing the introduction into New Zealand or
the bringing to any portion of New Zealand of anything contrary to
any such Order, and for that purpose they may, in respect to anything
so introduced or attempted to be introduced or brought, exercise all
the powers conferred by “ The Post and Telegraph Act, 1908,” in the
case of postal packets posted in breach of that Act, and by “ The Cus¬
toms Law Act, 1908,” in the case of uncustomed or prohibited goods.

Other diseases may
be included in
Second Schedule.

Appointment of
officers.

1903, No. 67, sec. 5

Eradication of
disease.

Ibid, sec. 6

Occupier to give
notice of any disease,

Ibid, sec. 7

Inspector may enter
and give notice to
eradicate disease.

Ibid, sec. 8

Plants, &c., unlaw¬
fully introduced
may be de.stroyed.

Ibid, sec. 9

Postal officers and
officers of Customs
to assist lierein.

4

1908.]

Consolidated Statutes

Inspector may
employ assistants.

1903, Mo. 67, sec.

Recovery of
expenses.

Inspector may
employ force.

Ibid, sec. 11

Person obstructing
or hindering
Inspector commits
an offence.

Ibid, see. 12

Protection ot
Inspectors.

Ibid, sec. 13

How notices may
be given.

Ibid, sec. 14

Definition of
offences.

Ibid, sec. 15

10. (1.) An Inspector or other authorised officer may employ
such assistants as he deems necessary in carrying out the provisions
of this Act, and may pay them such remuneration as the Minister deems
reasonable.

(2.) The owner, occupier, or other person through whose neglect
omission, or other default, or by reason of the infection of whose orchard,
plants, fruit, or packages the expenses of such employment were incurred
shall repay the same to the Inspector on demand ; and in default
of payment such expenses may be recovered as a debt due to the
Crown.

11. For the purpose of making any entry'or removal, or other¬
wise performing his duties under this Act, an Inspector or other
authorised officer or assistant may, in case of resistance, use all neces¬
sary force.

12. (1.) Every person commits an offence against this Act who
directly or indirectly obstructs, hinders, or interrupts, or threatens,
or assaults, or uses improper or abusive language to any Inspector or
other authorised officer or assistant while in the performance of his
duty under this Act.

(2.) Proceedings for the recovery of any fine for such offence, or
the payment thereof, shall not be a bar to any action at law by any
such Inspector or other authorised officer or assistant; but every such
action may be commenced and proceeded with as if this Act had not
been passed, any rule of law to the contrary notwithstanding.

13. An Inspector or other authorised officer or assistant shall
not be deemed to be a trespasser by reason of any entry or' removal
under this Act, or be liable for any damage occasioned in carrying out
the provisions of this Act.

14. Any notice to be given to any occupier or other person by
an Inspector or other authorised officer or assistant in the performance
of his duties under this Act may be given either by delivering the same
to such person or by leaving it at or posting it addressed to him at his
usual or last known place of abode or business in New Zealand, or if he
is unknown or cannot be found in New Zealand, then by affixing such
notice on a conspicuous place on the land to which the notice relates.

15. Every person commits an offence against this Act who,
directly or indirectly by himself, his servant or agent,—

(a.) Sells or offers or exposes for sale or distributes in any manner
any plant, fruit, or package which to his knowledge is diseased
or infected; or (except und,er the direction of an Inspector
or other authorised officer) brings or suffers the same to be
brought upon, or removes or suffers the same to be removed
from, his premises : or

(h.) Sells or offers or exposes for sale or distributes in any manner
any plant, fruit, or thing which to his knowledge has been
introduced into New Zealand contrary to any Order in
Council under this Act or (except under the direction of
an Inspector or other authorised officer) brings or suffers
the same to be brought upon, or removes or suffers the same
to be removed from, his premises : or

(c.) Does or attempts to do any other act in breach of this Act or
of any regulation or Order in Council thereunder : or

Orchard and Garden Diseases,

rNo. 138.

6

{^l.) Fails to faithfully observe and perform any duty or obligation
imposed on him by this Act or by any Order in Council
or regulation thereunder :

Provided that it shall be lawful to sell or offer for sale in the
Provincial District of Auckland, or convey from one part of the said
provincial district to any other part thereof, fruit affected with codlin-
moth to the extent of not more than five per centum.

16. Every person who commits an offence against this Act is
liable to a fine not exceeding twenty pounds.

17. All fines under this Act shall be recovered in a summary
way under ‘‘ The Justices of the Peace Act, 1908,” before a Magistrate
alone, and upon prosecution by an Inspector or some person authorised
by the Minister in that behalf.

18. (1.) All fines and other moneys recovered or received under
this Act shall be paid into the Public Account and form part of the
Consolidated Fund.

(2.) All expenses incurred in the administration of this Act shall
be paid out of moneys to be appropriated by Parliament for that
purpose.

19. (1.) An action shall not be brought against an Inspector or
other authorised officer or assistant acting in execution of this Act
for anything done in pursuance thereof or under the authority thereof,
unless such action is commenced within three months after the cause
of action arose.

(2.) The defendant in any such action may give this Act and any
special matter in evidence.

20. (1.) The Governor may from time to time, by Order in Council
gazetted, make regulations—■

(u.) Prescribing the manner in which diseased plants or fruit and
infected packages shall be treated, cleansed, destroyed, or
otherwise disposed of;

(6.) Prescribing the conditions under which any package or case
may be used more than once for the carriage of fruit or
plants;

(c.) Providing for the registration of such orchards as are nurseries,
and the terms and conditions of such registration ;

(d.) Prescribing the matters in respect whereof fees shall be payable
under this Act, fixing the amount of such fees, and the mode
of the payment and recovery thereof ; and

(e.) Generally for any other purpose for which regulations are
contemplated by this Act, or which he deems necessary
in order to give full effect to this Act.

(2.) All such regulations shall, within fourteen days after the
gazetting thereof, be laid before Parliament if sitting, or if not, then
within fourteen days after the commencement of the next ensuing
session. •

Fine for offences.
1903, No. 67, sec. 16

Recovery of fines.
Ibid, sec. 17

Fines to be paid
into Public Account.

Ibid, sec. 18

Expenses of
administration.

Ibid, sec. 19

Limitations of
actions against
Inspectors.

Ibid, sec. 20

Regulations.
Ibid, sec. 21

6

1908 .]

Consolidated Statutes.

SCHEDULES.

FIRST SCHEDULE.

Enactments consolidated.

1903, No. 67. — “ Th.e Orctard and Garden Pests Act, 1903.’’

Sections 2, 4.

1903, No. 67, First
Schedule.

Gazette, 1904,
p. 2983; 1906,
p. 2506; 1907,
p. 3382; 1908,
p. 269.

SECOND SCHEDULE.

Antheacnose or black-spot of orange
{Phorna citricarpa).

Apple-maggot [Trypeta potnondla).
Apple-mildew {PodospJicBra Imcotricha).
Bitter pit.

Bitter rot [Glotnerdla rufo-maculans).

Black aphis {Myzus cerasi).

Canker {Nectria cinnabarina).

Canker {Nectria ditissima).

ConiotJiecium choniatosporum .

Crown-gall {Dendrophagus glohosus).
Currant-leaf spot {Septoria ribis).

Early blight {Alternaria solani).

Eelworm {Tylenchus devastatrix).
Gooseberry-mildew [Sphwrotheca mors-uvce).
Green peach-aphis {Aphis persicce).

Laverna Jierdlara.

Mediterranean or West Australian fruit-fly
{Halterophora capitata).

Melanose.

Narcissus-fly {Meredon equestris).

New Caledonian fniit-fly {Dacus psidii).
New Hebrides fruit-fly {Trypeta rmisce).
Peach-curl {Exoascus deformans).

Peach die - back {Clasterosporium carpo-
philum).

Peach-moth {Anarsia lineatdla).
Peach-root borer {Samenoidea opalescens).
Pear-blight, or fire-blight of the pear
{Bacillus amylovorus).

Pear-mite {Eriophyes pyri).

Pear-scab {Fusidadium pyrinum).
Pineapple fruit-fly {Dacus xanthodes).
Plum-aphis {Aphis prunijolim).

Potato bactoriosis {Bacdlus solanacearum).
Potato black-leg {Bacillus phytophthorus).
Potato dry rot {Fusarium oxysporum).
Potato-moth {Lita solandla).

Potato-rot, or Irish potato-blight {Phy-
tophthora infestans).

Potato wet rot {Bacillus sp.).

Queensland fruit-fly {Tepkrytes tryoni).
Rose-aphis {Siphonophora rosce).

Thrips {Euthrips fuscus).

Thrips {Euthrips pyri).

Tomato-caterpillar {Hdiothis ohsoleta).
Vine-louse, or phylloxera {Phylloxera vas-
tatrix).

Scales.

Antonina crawi.

Aspidiotus camdlicB (Camellia scale).

„ coccineus (Red scale),

,, cryptoxanthus.

„ ficus (Fig scale).

„ lataniw.

„ nerii.

,, perniciosus (San Jose scale).

„ Eossi (Ross’s scale).

Astero lecanium variolosum.

Chwnaspis citri (White scale).

„ eugenicB.

„ furfurus (Scurfy scale).

„ quercus (Oak-tree scale).

Dactylopius adonidum
„ , bromilicB

I „ i > oitri
„ I ; destructor

Diaspis amygdali (Almond scale).

Diaspis roses (Rose scale),

,, pyricola.

Eriococcus araucarice (Norfolk Island pine
scale).

Eriococcus coriaceous (Blue-gum scale).

„ eucalypti (Eucalyptus scale).
Eulecanium persicce (Soft peach scale).
Fiorinia camdlicB.

leery a purchasi (Cottony cushion scale).
Lecanium cerasarum (Cherry scale).

„ depressum.

„ kemisphcericum (Round scale).

„ hesperidum (Holly and ivy scale).

„ longulum.

„ olecB (Olive scale).

Mytilaspis citricola (Purple scale).
Parlatoria zizyphus.

Pseudolecanium tokionis.

Pulvinaria camdlicola.

Orchard and Garden Diseases.

[No. 138.

THIED SCHEDULE.

American blight {ScMzoneura lanigera).
Apple-scab {Fusidadium dendriticum).
Codlin-moth {Carpocapsa pomondla).
Mussel or oyster scale {Mytilaspis pomorum).
Red-mite {Bryobia^pratensis).

Sections 2, 3.

1903, No. 67,
Second Schedule.

\

WELLINGTON : Printed under aixthority of the New Zealand Government,
by John Mackay, Government Printer.—1908.