Mr. Jordan.

HONEY LOCAL-MARKETING BOARD.

ANAL

Title.1. Short Title and commencement.

2. Interpretation.3. Poll of producers to be taken. Proclamations

by Governor-General4. Local-marketing Board appointed and pro-

cedure.

5. Board not to use funds for political purposesor become affiliated with any politicalparty.

6. General powers of Board.

Marketing Powers, &c.

7. Marketing powers of Board.8. Honey to be delivered by producers to Board.

Exemptions.9. Honey delivered to Board to be accompanied

by certificate from State grading-omeer.10. Board empowered to dispose of honey

tendered.

11. Board not to refuse honey tendered. Pay.ments for honey.

12. Board to issue certificate to producer.

YSIS.

13. Contracts.

14, Board not to be subject to legal proceedings.15. Notice to be given by producer of bill of

sale, &0., over honey.16. Board not to be subject to damfiges.17. Protection of Board.

18. No action allowed against His Majesty orMinister.

19. Accounts.

Levy by Board.

20. Levy by Board.

0.#Ted Marketing Information.

21. Producers to furnish returns.

22. Official information may be published orbroadcasted.

General.

23. Recovery of moneys. Penalty.24. Offences.

25. Legal proceedings.26. Regulations.

A BILL INTITULED

AN AcT to promote Honey-production by the Formation of a Title.Honey Local-marketing Board, representing Producers andConsumers of Honey in New Zealand.

5 BE IT ENACTED by the General Assembly of New Zealandin Parliament assembled, and by the authority of the same, asfollows :-

1. This Act may be cited as the Honey Local-marketing Board Short Title &ndAct, 1931, and shall come into operation on the jirst day of January, commencement.

10 nineteen hundred and thirty-two.2. In this Act, if not inconsistent with the context,- Interpretation.

" Apiary " means any place where bees or appliances are kept :" Appliance means any hive, bee-comb, extractor, or other

appliance that has been used in connection with bee-15 keeping :

No. 55-1.

477

Poll of producers tobe taken.

2 Honey Local-marketing Bocurd.

" Authorized agent " means any person authorized by a Market-ing Board to take delivery of the product on its behalf in theexercise of its powers under this Act ; the term includes anyagent, employee, or servant of an authorized agent empoweredby such authorized agent to act on his behalf in taking such 5delivery, and also any agent, employee, or servant of suchagent :

" Beekeeper " means any person who keeps bees or appliances,or who allows bees or appliances to be kept on any landoccupied by him: 10

" Board " means Honey Local-marketing Board:" Certificate " means any document in the prescribed form issued

under this Act by the Board or its authorized agent asevidence of the delivery of the product to the Board:

" Deliver to the Board " means to deliver or tender or cause to be 15

delivered or tendered to an authorized agent for acceptanceon account of the Board any of the product of which it isintended to yield possession to the Board:

" Disease " means foul-brood (Bacillus larv(6 and Bacillus pluton),bee-moths (Gatteria mellonelia and Achroea grisella), Isle of 20Wight disease (acarine disease), and any other diseases orpests from time to time declared by the Governor-General inCouncil to be diseases within the meaning of this Act:

" Frame-hive " means a hive containing movable frames inwhich the combs are built, and which may be separately 25and readily removed from the hive for examination:

" Infected " means infected with disease :

" Inspector " means an Inspector appointed under this Act:" Minister " means the Minister of Agriculture:" Person " includes any partnership, or firm, or company, or 30

society formed under any Act, and any body of personscorporate or unincorporate :

" Prescribed " means prescribed by this Act or by regulationsmade under this Act:

" Producer " means a person who owns for the time being twenty 35or more hives of bees, and includes a son or daughter oftwenty-one years of age and upwards of a producer workingon his or her parent's farm, not for wages, but for his or herkeep and pocket-money only. Where the product is producedpursuant to any share-farming agreement or partnership 40agreement, the term includes the parties to such agreement.The term does not include a person engaged as an employeeon wages or salary or piecework rates :

" Product " means honey, the produce of beekeeping in NewZealand : 45

" Regulations " means regulations made under this Act:" Sell " includes barter and exchange ; and " sale " has a corre-

sponding nieaning :" This Act " includes all regulations made under this Act.

3. (1) The Governor-General may, when requested so to do by a 50petition signed by not less than one hundred producers engaged in pro-ducing honey, by Proclamation, declare a day (not being less than fiftydays after the receipt of the said petition) for a poll to be taken of the

Honey Local-marketing Board. 3

producers of honey, on the question whether a Local-marketing Boardshall be constituted in relation to the said honey.

(2) If more than two-thirds of the votes polled are in favour of Proclamations bythe constitution of a Board, the Governor-General shall, by a subsequent Governor-General.

5 Proclamation, declare that a Board shall be constituted in relation to

honey, and extend the provisions of this Act to honey.(3) The Governor-General may by the same Proclamation appoint

a day, not being less than thirty days after the publication of theProclamation in the Gazette, for a poll to be taken of the producers

10 of honey for the election in the prescribed manner of representativesof producers to be members of the Board.

(4) It shall be compu'sory for producers to vote on the question ofthe constitution of the Board under a penalty of not more than twopounds for failure to vote.

15 (5) The number of representatives to be elected shall be stated inthe Proclamation, and shall be either two or three.

(6) The Governor-General may by the same or another Proclama-tion appoint electoral districts, and fix the number of representativeswhich each district shall be entitled to elect.

20 (7) The election shall be conducted upon a system of preferentialvoting or proportional representation as prescribed, and shall be carriedout in the manner prescribed.

(8) Provision for the expenses of any poll taken under this Actshall be made by the Minister ; and the Board shall, on receipt of a

25 notice in writing signed by the Minister specifying such costs andexpenses, reimburse the Minister out of the proceeds of the honey orother moneys of the Board that may be applied thereto.

(9) No person shall vote on any poll taken under the provisionsof this Act unless his name is included in the list of producers which

30 the Minister shall cause to be compiled in the prescribed manner.(10) The regulations may prescribe the method of voting on such

polls and the method of choosing the representatives of such producers.(11) Any person whose name has been omitted from the roll may,

in the manner prescribed, make application to a Stipendiary Magistrate35 for an order that his name may be added to the roll. The Magistrate

may hear and determine any application under this subsection, and maymake such order as it thinks lit as to the costs of the applicationwhich may be recovered in the same manner as the costs of anyother proceeding before the Magistrate.

40 (12) Where a Board has been appointed in respect of honey, theGovernor-General by Proclamation may provide and declare that thehoney shall forthwith, upon the date of publication of the Proclamationor on and from a date specified therein, or upon the fulfilment of suchconditions as are therein mentioned, be divested from the producers

45 thereof and become absolutely vested in and be the property of theBoard, and that upon any honey coming into existence within a timespecified it shall become vested in and become the property of theBoard, and may make such further provision as will enable the Boardeffectively to obtain possession of the honey as such owners, and to deal

50 with the same as may be deemed necessary or convenient in order togive full effect to the objects and purposes for which the Board isconstituted.

479

Local-marketingBoard appointedand procedure.

4 Honey Local-marketing Board.

(13) Upon the date of such publication or on such date as isspecified in such Proclamation, or upon the fulfilment of the conditionstherein specified, as the case may be, honey shall become the absoluteproperty of the Board, free from all mortgages, charges, liens, pledges,interests, and trusts affecting the same, and the rights and interests of 6every person in honey shall thereupon be taken to be converted into aclaim for payment therefor in pursuance with the provisions of this Act.

(14) Upon the petition of not less than one hundred of the pro-ducers producing honey, the Governor-General may direct that a pollof the producers producing it be taken as to whether the Board con- 10stituted for honey should be dissolved, but no such poll shall be directedwithin three years after the constitution of the Board nor within threeyears after any similar poll upon which the question of the dissolutionof the Board has been decided in the negative.

(15) If at any such poll a majority of the votes polled is in favour of 15a dissolution, and the votes polled are given by at least two-thirds of theproducers entitled to vote. the Governor-General shall by Proclamationorder that the Board shall be wound up, and thereupon the Boardshall proceed to wind up, and shall exercise its powers and authoritiesonly for such purpose : 20

Provided that the Governor-General may by that or any subsequentProclamation appoint any person to be liquidator for the purpose ofwinding up the affairs of the Board at such remuneration as theGovernor-General shall fix, and such liquidator may for that purpose,on behalf and in the name and as the act and (where necessary) under 25the seal of the Board, bring and defend such proceedings, and do andexecute such acts, deeds, and things as may be necessary. When theGovernor-General is of opinion that the affairs of the Board are woundup, he may by Proclamation dissolve the Board, and upon the dissolu-tion of any Board all moneys and other assets of the Board shall 30become the property of His Majesty, and shall be dealt with anddisposed of as the Governor-General may direct.

(16) Any person entitled to vote on a poll held under the provisionsof this section who fails to vote shall be liable to a penalty of not morethan two pounds. 36

(17) Every Proclamation made under this Act shall be publishedin the Gazette, and a statement that such Proclamation has been sopublished shall be published.

(18) Notwithstanding the provisions of section two or any otherprovision of this Act, the regulations may prescribe in respect of honey 40the persons or classes of persons who shall or shall not be deemed to beproducers for the purpose of any petition or poll under this Act, or forany other purpose of this Act.

4. (1) The Governor-General shall, as soon as practicable after theapplication of this Act to honey, appoint in respect thereof a Local- 45marketing Board. The Board shall consist of the persons elected bythe producers of honey in accordance with the provisions of sectionthree of this Act, and, if two such persons have been elected, one othermember, or, if three such persons have been elected, two other members.The appointment of the Board shall be notified by the Governor- 60General by Proclamation in the Gazette. On the publication of thenotification the Board shall be deemed to be duly constituted.

Honey Local-mcwketng Boa¥d. 5

(2) The members of the Board shall, at the first meeting of theBoard at which all the members are present, elect one of the membersto be Chairman of the Board: if a Chairman is not so elected the

Governor-General shall appoint a member to be Chairman.=5 (3) The Governor-General may from time to time, on the recom-

mendation of the Board, direct that an additional representative of theproducers be elected to the Board, and may, on the death, resignation,or disqualification of any member of a Board direct that an electionbe held to 11 the vacancy. The Board shall not be so constituted as

10 to consist of other than the numbers of elected and appointed membersrespectively stated in subsection one of this section.

(4) The Board shall not be deemed to represent the Crown for anypurpose whatsoever.

(5) The Board shall be called " The Honey Local-marketing15 Board ", and shall have the powers and perform the duties conferred

and imposed upon it by this Act.(6) The Governor-General may, with the consent of the Board, by

Proclamation change the ofidal name of the Board. No such alterationof name shall affect any rights or obligations of the Board, or render

20 defective any legal proceedings instituted or to be instituted by oragainst the Board, and any legal proceedings may be continued orcommenced by or against the Board by its new name that might havebeen continued or commenced by or against the Board by its formername.

25 (7) The members of the Board other than officers of the PublicService shall be paid such remuneration from the funds of the Boardas may be approved by the Governor-General. Every member shall bepaid from the said funds his expenses at the rates prescribed.

(8) Any member may resign his office by writing under his hand30 addressed to the Minister, and such resignation shall be complete from

the time when it is received by the Minister.(9) No proceedings of the Board, or of any person acting as Chair-

man or member, shall be invalidated by reason of any defect in theappointment or election of or of any disqualification of any such person,

35 or by reason of there being any vacancy in the number of members atthe time of such proceddings.

(10) All powers vested in the Board may be exercised by themajority of the members present at any meeting duly held, and allquestions shall be decided by a majority and by open voting. Upon

40 every question the Chairman shall have a vote : if the numbers areequally divided he shall have a second or casting vote.

(11) Any person who has his affairs under liquidation or is anuncertificated or undischarged bankrupt, or has been convicted of anindictable offence, or is undergoing a sentence of imprisonment, or

45 becomes an insane person shall be disqualified from being appointedor elected or from continuing a member of the Board.

(12) The Board shall cause minutes of its decisions to be kept.(13) The Board shall be a body corporate, and may sue and be

sued in its official name.

48/

Board not to use

funds for politicalpurposes or becomeaffiliated with any

political party.

General powers ofBoard.

Marketing powersof Board.

6 Honey Local-marketing Board.

5. (1) It shall not be lawful for any Board to expend any of itsfunds for any purpose whatsoever in connection with the politics of anypolitical party ; nor shall the Board become afftliated in any waywhatsoever with any body, association, or organization having for itsobject or any of its objects the support of the politics or programme 5or aims of any political party.

(2) If at any time the Governor-General is satisfied that any Boardhas acted in contravention of any of the provisions of this section, theGovernor-General may, by Proclamation published in the Gazette,-

(a) Remove the members of the Board from their offices ; 10(b) Direct that the Board shall be reconstituted by the election and

by the appointment of other members in the room of thelate members, and the new members so elected (or appointed)shall, subject to this Act, hold office for the remainder of theperiod for which the late members would have held office 15if they had not been so removed;

(c) Appoint a receiver or manager of the Board, who may con-tinue its functions, subject to the control of the Minister,until it is reconstituted.

6. A Board may, for the purposes of this Act, from time to time 20exercise all or any of the following powers :-

(a) Purchase, contract for the use of, or otherwise provide and holdany land which may be required by the Board, and anypersonal property whatsoever.

(b) Contract for the use of, or erect or otherwise provide any 95buildings or structures, and repair, equip, furnish, and main-tain the same.

(c) Dispose of any property held by them under the foregoingprovisions in paragraphs (a) and (b) of this section, for suchprice and on such terms and conditions as to the Board 30seem proper or as may be prescribed.

(d) Enter into and carry out such contracts and do and suffer allsuch other acts and things as may be necessary and con-venient for the purposes of this Act.

Marlmting Powers, Se: 357. Subject to this Act, a Board may sell or arrange for the sale of

honey, and do all acts, matters, and things necessary or expedient inthat "behalf accordingly ; and, in particular, but without limiting thegenerality of the foregoing powers, may-

(a) Appoint, employ, or authorize such agents, officers, servants, 40and other persons as are necessary ; and

(b) Arrange for financial accommodation with the Government, orwith any bank, or with any other institution or personapproved by the Governor-General, and give such securitiesfor advances as will effectually place honey or any part 45thereof, or any other assets of the Board, under the legalcontrol of the said Government, bank, institution, or personwhich affords the accommodation ; and

(c) As far as practicable provide honey for consumption in NewZealand; 60

Honey Local-marketing Board.

(d) Make such arrangements as they deem necessary with regardto sales of honey for export or for consignment to othercountries : for the purposes of this provision a sale of honeyfor oversea ships' stores shall be deemed to be a sale for

5 export.8. ( 1) Where a Proclamation vesting honey in the Board has been Honey to be

1 delivered byissued, then, save as prescribed by or under this Act, all the honey shalt producers to Board.be delivered by the producers thereof to the Board or its authorizedagents within such times, at such places, and in such manner as the

10 Board may by public notice, or in a particular case in writing, director as may be prescribed.

(2) Every producer who, save as prescribed by or under this Act,sells or delivers any honey to a person other than the Board, and everyperson other than the Board who, save as aforesaid, buys or receives

16 any honey from a producer, shall be guilty of an offence and liable onsummary conviction to a penalty not exceeding one hundred pounds.This subsection shall not apply to the sale, delivery, purchase, or receiptof such honey as has been tendered to the Board in conformity with thisAct, and the acceptance of which has been refused by the Board.

20 (3) The Board may, in such cases and on such terms and conditions Exemptions.as may be prescribed, exempt (either generally or in any particularcase) from the operation of this section-

(a) Such producers of honey as the Board think fit ;(6) Sales of honey direct to local consumers or to retail vendors ;

25 (c) Such portion of honey as the producer may require for his ownuse for food for his family or his bees, or for other purposesprescribed ;

(d) Such other sales and purchases or receipts of honey as may beprescribed.

30 (4) The Board's decision as to whether any specified person orarticle falls within the limits of any such exemption sball be final.

(5) The Board may at any time, by notidcation published in theGazette, or by a notice in writing to the exempted producer, signed bythe secretary or other authorized officer of the Board, revoke any such

35 exemption.(6) Where by or under a Proclamation any honey has become

vested in the Board such of the honey so vested-(a) As the Board refuses to accept after tender of delivery to it

in accordance with this Act shall on such refusal ; or(b) As is subject to such exemption as aforesaid shall on its

becoming so exempted-revest in the persons who would have held the same had the honeynot been so vested in the Board, but subject to all mortgages, charges,liens, pledges, interest, and trusts that would have affected th, same

45 had the honey not been so vested.9. All honey delivered to the Board shall be delivered in the name Honey delivered to

of the producer thereof, and if so prescribed such producer shall tender Board to be

accompanied bywith each consignment of honey intended for delivery to th e Board a certiScate fromcertificate of Inerchantable quality from a State grading-officer or other State

60 officer appointed in that behalf, indicating the quality of honey com-grading-omeer.

prised in the consignment. Any person who fails to comply with thissection shall be guilty of an offence against this Act.

7

6 83

8 Honey Local-marketing Board.

Board empowered 10. The tendering of honey by any person (whether by himself orto dispose of honey by any other person authorized by him) to an authorized agent, fortendered.

acceptance of delivery by him, shall be prima facie evidence of anintention to deliver the tendered honey to the Board to be disposed ofby the Board in accordance with this Act. 5

Board n61>,to refuse 11. (1) A Board shall not refuse to accept from any producer anyhoney tendered. honey which is of the prescribed quality, or which conforms to the pre-

scribed standard, or (when so prescribed) for which a certificate ofmerchantable quality from a State-grading officer or other ofilcerappointed in that behalf has been obtained and tendered with the 10honey, provided that the honey is delivered in accordance with this Actwithin such reasonable times as shall be fixed by the Board.

Payments for honey. (2) Subject to this Act, the Board shall, out of the proceeds of thehoney disposed of by the Board under this Act, make payments to eachproducer of the honey delivered to the Board, in respect of the honey ISdelivered by him, on the basis of the net proceeds of the sale of all thehoney of the same quality or standard delivered to the Board during orcovering such periods of time as may be prescribed and the proportionof such commodity so delivered by such producer during each suchperiod, and regard being had to the other circumstances (if any) that 20affect the amount of the payment to the producer.

(3) The Board may deduct from the proceeds of sale of the holleythe expenditure incurred in and about the marketing of the honey thecosts, charges, and expenses of the administration by the Board of thisAct and any sums necessary to repay any advances made to the Board 25and interest thereon.

(4) For the purposes of ascertaining the net price to be paid to aproducer of any of the honey delivered to the Board, or to any personinterested therein, and generally for the purposes of this Act, the Board'sdecision as to quality, standard, or grade of any of the honey delivered 30to the Board (whether quality, standard, or grade is prescribed or nbt),the method of determining the dockages and deductions to be madeand the amounts thereof respectively, cost of freight, and other charges,and the amounts to be deducted under subsection three of this section,shall be final and conclusive. 35

Board to issue 12. (1) As soon as practicable after the receipt of any honey thecertificate to

producer. Board shall issue to the producer thereof a certificate in the prescribedform:

Provided that the Board, if they have received notice of any mort-gage, charge, lien, or encumbrance over or contract relating to such 40honey, may in their discretion refuse or withhold the issue of suchcertificate.

(2) Where the honey is produced under a share-farming agree-ment the Board may, in their discretion, issue separate certificates tothe parties to such agreement in accordance with their interests in the 45honey.

(3) The Board may make or arrange for advances on account ofthe honey delivered to the Board, and any such advances and any pay-ment made on account of such honey may be made at such time ortimes, and on such terms and conditions, and in such manner as the 50Board may think fit.

Honey Local-mwketing Bocurd. 9

13. (1) Every contract which is made in New Zealand, whether contracts.before or after the application of this Act, to honey, so far as it relatesto the sale of honey for delivery in New Zealand, shall, when specifiedby the Board in a notification published in the Gazette, be and is hereby

5 declared to be and to have been void and of no effect as from the date

upon which it was made, so far as such contract has not been completedby delivery at the date of such notification :

Provided that for the purposes of this section any such contract,shall be deemed to be severable.

10 (2) Any transaction or contract with respect to honey which is thesubject-matter of any contract or part of a contract declared by thissection to be void shall also be void and of no effect, and any moneypaid in respect of any contract or part of a contract hereby made voidor of any such transaction shall, to the extent to which the said contract

15 or transaction is made void, be repaid.14. (1) No proceedings at law or in equity shall be brought against Board not to be

the Board or any person acting under its authority by any person 01 subject to legalproceedings.

society claiming to be entitled to any bill of sale, mortgage, charge,lien, or other encumbrance whatsoever of or upon or over any of the

20 honey or claiming to be the true owner of the honey.(2) Any person who but for this section might have brought any

such action may adopt the delivery of the honey to the Board as adelivery thereof by him to the Board, and may claim accordingly for anaccount of the payments due in respect thereof.

26 (3) Notwithstanding anything in any other Act, or any rule of lawto the contrary, any such person or society shall not be entitled toclaim as aforesaid for an account of the payments due in respect of thehoney, or any part of such payments, unless he has given prior noticein writing to the Board in the form and containing the particulars pre-

30 scribed of such bill of sale, mortgage, charge, lien, or other encumbrance,or claim of ownership, and then only for such part of such moneys ashas not been paid to other persons at the time of the receipt by theBoard of such notice.

15. (1) Every producer of honey which is subject to any bill of Notice to be given35 sale, mortgage, charge, lien, or encumbrance referred to in section by prod:oerYbill of sa; e, ,

fourteen of this Act, or in respect of which he has entered into any con- over honey.tract in derogation of his title to sell the honey as the absolute ownerthereof (and whether such bill of sale, mortgage, charge, lien, or encum-brance or contract was made before or after the extension of this Act

40 to honey) shall, when delivering the honey to the Board, give to theperson receiving the honey on behalf of the Board a notice in writing inthe prescribed form of every such bill of sale, mortgage, charge, lien, orenculnbrance or contract.

(2) A notice given in respect of a delivery made to any person45 receiving the honey on behalf of the Board at one railway-station or

place of delivery shall not be deemed to be a compliance with thissection in respect of a delivery made to any other person receiving thehoney on behalf of the Board at the same or any other railway-stationor place of delivery.

50 (3) Any person wilfully guilty of a failure to comply with any ofthe provisions of this section shall be guilty of an offence against thisAct.

2

425

10 Honey LocaZ-marketing Board.

Board not to be 16. Where a Board in good faith and without negligence has madesubject to damages, any payment--

(a) To a producer delivering or causing to be delivered any honeyto the Board or any person acting under their authority ; or

(b) To any person entitled or claiming to be entitled through such 5producer ; or

(c) To any person on the order of such producer or last-mentionedperson-

the Board shall not be answerable to any other person in respect of suchpayment for the honey or any part thereof or in any action, suit, claim, 10or demand whatsoever for damages or otherwise.

Protection of 17. (1) If prior to receiving notice of claim to any certificate orBoard. to the chose-in-action or any part thereof the subject-matter of a certifi-

cate any Board has in good faith and without negligence adjusted andsettled with the person named in such certificate or with any person 16who has made a claim in accordance with the provisions of subsectiontmo of section fourteen of this Act for the money payable thereunder,the Board shall not incur any liability to the true owner of such chose-in-action or any part thereof or to any party claiming through, under,or in trust for him: 20

Provided that the Board shall not be entitled to the protection ofthis subsection in respect of any moneys remaining in its hands at thetime of receipt by it of notice of such claim or thereafter coming to itshands in respect of a chose-in-action the subject-matter of such a claim.

(2) This section shall not in any way prejudice or affect any rights 25inter se of any parties claiming adversely to one another to be entitledwhether at law or in equity to the chose-in-action the subject-matteror part of the subject-matter of any certificate.

(3) The Board may plead this section in absolute bar of any pro-ceeding (whether at law or in equity) by any producer, transferee, or 30party aforesaid in respect of such chose-in-action or any part thereof.

No action allowed 18. No action, claim, or demand whatsoever shall lie, or be madeagainst His Majesty or allowed by or in favour of any person whomsoever, against Hisor Minister.

Majesty or the Minister or (save as in this Act provided) the Board orany officer or person acting in the execution of this Act for or in 35respect of any damage or loss or injury sustained or alleged to besustained by reason of the passing of this Act or the extension of thisAct to honey or of its operation, or of anything done or purporting tobe done thereunder.

Accounts. 19. (1) Every Board shall cause true and regular accounts to be 40kept of all sums or money received and paid for or on account of thisAct or pursuant thereto, and of the several purposes for which sums ofmoney have been received and paid.

(2) Statements of accounts shall be exhibited at such places andat such times as may be prescribed. 45

(3) Such accounts shall be audited by the Auditor-General, whoshall have with respect to such accounts all the powers conferred onhim by the Public Revenues Act, 1926.

(4) A Board shall in each year pay into the Treasury such sum asis fixed by the Treasurer towards the amount payable by the Crown 50in respect of the salaries of the officers of the Auditor-General engagedin the audit of the accounts of the Board.

Honey Local-n=keting Board. 11

Levy by Board.

20. (1) The Board, with the prior approval of the Governor- Levy by Board.General, and by notification in the Gazette, may from time to time makea levy in respect of honey, in such amount, or at such rate on and to

5 be paid by such persons and on such basis for such period or otherwise,as the Board, with the approval of the Governor-General may deter-mine, and may retain the amount of any such levy out of the funds inits hands arising from the sale or pledge of the honey. In case no periodfor or during which the levy is to be made is specified, the levy shall

10 continue to be made until otherwise directed by the Board with theapproval of the Governor-General.

(2) In any action or proceeding the production by the Board oron its behalf of a certificate under the seal of the Board that a certain

sum is the amount of levy payable by any person under this Act or the15 regulations and that such sum has become due and payable on a

certain day shall be prima facie evidence of the facts so certified.(3) All moneys raised by the Board in respect of levies under this

section shall be paid to the credit of a special account in the books ofthe Board, and shall be applied as follows :-

20 (a) In payment of such administrative expenses of the Board asthe Board may from time to time determine to be payableout of such account ; and

(b) In payment of any advances made to the Board for the pur-poses of this Act ; and

25 (c) For the purpose of advertising honey; and(d) In establishing and maintaining a fund for the purpose of

effecting insurances against pests, fire, flood, or other -casualty ; and

(e) For use in co-operation with the Department of Agriculture in30 its instructional and experimental work for the improvement

of the quality of the honey produced or for effecting anyother special object which the Board may determine to bein the common interest of the producers of honey :

Provided always that it shall not be competent for the Board to35 establish any such fund as in paragraph (c) hereof mentioned unless or

until the purliose for which it is proposed to establish the fund and therate of levy in respect of honey for that purpose are expressly approved bythe Minister and the prescribed notice of intention to make the levy given.Moreover, before any levy is made for the purpose of the establish-

40 ment of such fund, a number of producers of honey, being the prescribedproportion of the whole number of the producers affected by the pro-posal, may request that a poll of producers upon the question of theestablishment of a fund shall be taken, and thereupon the Minister shallcause a poll to be taken, and if upon such poll the majority of votes is

45 against the establishment of such fund no part of any levy made by theBoard shall be devoted to the establishment of such fund or expendedfor any purpose for which it was proposed that such fund should beestablished.

(4) Except in the case of a levy made for the purposes of para-50 graph (c) of subsection three of this section, no poll of producers shall

be requested or taken in respect of any levy made under this section.

1

Producers to furnishreturns.

Off}cial information

may be publishedor broadcasted.

Recovery of

moneys.

Penalty.

Offences.

Legal proceedings.

12 Honey LocaZ-marketing Board.

(f#icial fliarketing Information.21. (1) The Minister may from time to time, by notice published

in the Gazette, require producers of honey or any person or class ofpersons to furnish to a person specified in the notice a return in theform specified in such notice showing the quantity of honey held or 5under his control at any time specified in such notice, and setting forthsuch other particulars (if any) in relation thereto as may be specifiedtherein.

(2) Any person who fails to comply fully and sufficiently with anyof the requirements of such notice, or who wilfully furnishes any false 10or misleading return, shall be guilty of an offence against this Act.

22. The Minister may from time to time arrange with any personto publish or broadcast information as to the current wholesale andretail prices of honey, and may furnish such person with such infor-mation. The information so furnished shall alone be published or 15broadcasted as official information. Any person publishing or broad-casting information as to the current wholesale and retail prices of honeyas official, unless the information has been furnished by the direction ofthe Minister, shall be guilty of an offence under this Act.

General. 2023.(1) Any moneys payable under this Act may be recovered by

complaint under the Justices of the Peace Act and Acts amending thesame, in the name of such person as the Board may authorize in thatbehalf, before any two Justices.

(2) Every person guilty of an offence against this Act shall for 95every such offence be liable, if no other penalty or punishment isimposed, to a penalty not exceeding *ty pounds.

(3) The institution of criminal proceedings against, or the con-viction of a person for any offence against this Act, shall not afiect anyremedy which any other person aggneved may be entitled to in any 80civil proceeding.

(4) No Justice shall be deemed incapable of acting in any casearising under this Act by reason only of his being, as one of several pro-ducers, or as one of any other class of persons, liable in common withothers to contribute to or be benefited by the funds of a Board. 35

24. (1) If any person committing an offence against this Act is acompany, the individual person guilty of the offence, and also the manag-ing director or other manager in New Zealand of the company, shalleach of them be liable to the like punishment.

(2) If two or more persons are responsible for the same offence, 40each of those persons shall be guilty of the offence, and the liability ofeach of them shall be independent of the liability of the others.

25. In any proceedings whatsoever whether at law or in equity-(a) Any notifLeation, requisition, direction, demand, order, or other

document in writing, purporting to be signed or made or sent 45by a Board or the Chairman or Secretary thereof or theMinister shall be judicially noticed.

Honey Loca-marketing Board. 13

(b) The production of a copy of the Gazette purporting to containany Proclamation, notification, direction, or order made bya Board or the Minister shall be conclusive evidence of the

matters contained therein, and that all steps necessary to be5 taken prior to the making of such Proclamation, notification,

direction, or order have been duly taken.(c) Any document or anything purporting to be a copy of or

extract from any document containing any reference to anymatter or thing alleged to be done in contravention of this

10 Act, shall, upon proof that it was produced by or came fromthe custody of a person who is a defendant or respondent oris charged with an offence, or a responsible oficer or a repre-sentative of that person, be admissible in evidence againstthat person, and evidence of the matters and things thereby

15 appearing and that the document (or, in the case of a e. py)that the original thereof was written, signed, despatched,and received by the persons by whom it purports to havebeen written, signed, despatched, and received, and thatany such copy or extract is a true copy of or extract from

20 the original of or from which it purports to be a copy orextract.

(d) In any action or proceeding the production by the Board or onits behalf of a certificate under the seal of the Board that a

certain sum is the amount of levy payable by any person25 under this Act or the regulations, and that such sum has

become due and payable on a certain day, shall be primafacie evidence of the facts so certified.

(e) Any notice that is required to be given or that may be givenby a Board under this Act or the regulations shall be deemed

30 to have been duly given if sent by post in a letter addressedto the person to be served at his place of abode or businessin New Zealand last known to the Board, and such noticeshall be deemed to have been given at the time when aletter so posted should in the ordinary course be delivered.

35 26. (1) The Governor-General may from time to time make such Regulations.regulations providing for all or any purposes, whether general or tomeet particular cases, as may be convenient for the administration ofthis Act, or as may be necessary or expedient to carry out the objectsand purposes of this Act, and, where there may be in this Act no pro-

40 vision or no sufficient provision in respect of any matter or thing neces-sary or expedient to give effect to this Act, providing for and supplyingsuch omission or insufficiency. Without limiting the generality of theforegoing provisions, such regulations may provide for all or any of thefollowing matters :-

45 (a) Generally-(i) Making all necessary provision for and regulating the conduct

by post or otherwise of the election from time to time ofmembers of the Board, and for the taking of any poll ofproducers linder this A6t ; compilation and revision of rolls

60 of producers entitled to vote at elections or polls ; methodof determining the qualification of voters ; settlement ofdisputed elections or questions arising out of or in connection

2* 27

14 Honey Local-marlceting Board.

with any election or poll ; the tenure of office of members ;the filling of casual vacancies therein arising from death,retirement, or resignation ; the appointment of a deputy toact for any member in the event of illness, absence, or forother cause: 5

(ii) The fees, allowances, and travellink-expenses which may bepaid to members :

(m) Prescribing the certificates and other forms which may be usedunder this Act:

(iv) Prescribing forms of returns and of statistics to be made and 10furnished in accordance with this Act and the contents

thereof, and the persons (whether producers or not) by whomthe same shall be made, and the time and mode of makingand furnishing the same :

(v) All matters required or permitted by this Act to be prescribed. 15(b) With respect to the Board-(i) The business, proceedings, and meetings of the Board ; the

quorum at meetings ; the signing of documents :(ii) Authorizing the Board in every sale or agreement for sale of

honey by the Board to any person to insert conditions and'_ 20to fix a sum as and by way of liquidated damages for anybreach of condition, which damages shall be recoverableaccordingly :

(iii) Ascertaining whether the honey is of the required quality andprescribing a standard therefor, and for an increase or 25decrease in the price otherwise payable to any producer forany of the honey delivered by him to the Board accordingto the quality or standard of the honey ; and regulating thestorage, package, marketing, branding, grading, carriage,exporting, and delivery of the honey : 30

(iv) Prescribing periods of time in respect of which the computationof or accounting for the net proceeds of the honey may bemade:

(v) Empowering the Board to make particular levies in respect ofhoney, and fixing the amount of such levies : 35

Providing, if deemed necessary, for the expenditure ofthe sums raised by any particular levies only in the interestsof the beekeeping industry :

Provided that before any particular levy is made, if atleast one hundred producers in the beekeeping industry so 40request in writing, the Minister shall cause a poll of suchproducers to be taken as prescribed, and if upon such pollthe majority of votes is against the making of such levy itshall not be made :

Prescribing the basis or bases on which levies, whether 45general or particular, shall be made :

Providing methods of recovery or collection of anylevies, whether general or particular, including the recoveryor collection of any such levies from persons holding moneysto the credit of the producers liable to pay such levies : 50

Honey Local-#1arlodlng Board. 15

Providing for the imposition by the Board (by way ofaddition to the levy or other moneys) of a fine not exceedingjive pounds for non-payment of any such levies or moneysby producers or persons holding moneys to the credit ofproducers :

5 (vi) The control and management and expenditure of the funds ofthe Board:

(vii) Requiring the producers of honey to register and re-register withthe Board at the prescribed times their names and such otherparticulars as may be prescribed, and requiring a producer

10 on ceasing to produce as aforesaid to notify the Boardthereof:

(viii) Regulating the marketing, sale, and branding of any honeyproduced outside New Zealand or within New Zealand, orthe packages containing such honey :

15 (ix) The duties of care or precaution to be taken and methods tobe used by any person in the display of any honey for sale,or in storage or custody of any honey held or offered forsale, whether in any of such cases the honey is owned bythe Board or not:

20 Provided that if the Minister is of opinion that a pro-posed regulation relates to any of the matters in respect ofwhich this paragraph (ii) authorizes the making of regula-tions, the regulation shall only be made on the recommenda-tion of the Board.

(2) The regulations may fix a penalty, not exceeding in any case25 jifty pounds, for any breach thereof.

(3) All such regulations shall-(a) Be published in the Gazette ;(6) Take effect from the date of publication or some later date

specified in the regulations ;30

(c) Be laid before both Houses of Parliament within fourteensitting-days after such publication if Parliament is in session,and if not, then within fourteen sitting-days after the com-mencement of the next session.

(4) If either House passes a resolution of which notice has been given85 at any time within fifteen sitting-days after such regulation has been

laid before such House disallowing any regulation or part, such regula-tion or part shall thereupon cease to have efEect.

By Authority : W. A. G. SKINNER, Government Printer, Wellington.-1931.

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