Rock Oyster Farming Regulations, 1964

Rock Oyster Farming Regulations 1964 (SR 1964/207) Note These regulations are administered in the Marine Department. PURSUANT to the Rock Oyster Farming Act 1964, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations. Contents 1 Title and commencement 2 Interpretation 3 Application Part 1 Leases for rock oyster farming Applications for leases 4 Applications for leases 5 Age of applicants 6 Applications by several persons 7 Marking of areas applied for 8 Advertising of applications 9 Deposit paid on application 10 Priority in applications Leases 11 Grant of leases 12 Harbour Boards and local authorities 13 Notification of grant of a lease 14 Survey of area 15 Modification of boundaries of leased area 16 Marking of leased area 17 Navigational marks 18 Rental 19 Royalty payable 20 Lessees in arrears, etc. 21 Land included in lease 22 Property and rights conferred by lease 23 Occupiers' Liability Act 1962 Conditions of leases 24 Acceptance of conditions 25 Covenants and conditions 26 Conditions as to access 27 Drainage of land upon leased areas 28 Lease-land to be acquired for sole use and benefit 29 Lease held in trust 30 Erection of structures 31 Conditions as to structures 32 Removal of structures 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marks 38 Returns 39 Oyster stealing by lessee 40 Subleasing prohibited 41 Assignment of lease Forfeiture of leases 42 Lease may be forfeited Part 2 Renewal of lease and re-offering of lease-land 43 Renewal of leases 44 Preferment rights 45 Offer of land for lease 46 Improvements to be purchased by incoming lessee 47 Valuation of improvements Part 3 Management of oyster farms and lease-land 48 Lessees to utilise leased areas 49 Report on cultivation 50 Lessee to facilitate inspection 51 Cultivation 52 Closure of areas 53 Spelling of areas 54 Disposal of waste 55 Diseased or contaminated oysters 56 Unmarketable oysters 57 Marketing of oysters 58 Use of oysters 59 Oysters not to be taken between sunset and sunrise Part 4 Miscellaneous provisions 60 Fees and other payments 61 Lease-land required for public purposes 62 Protection of harbour works 63 Service of notices 64 Notification of cancellation or forfeiture of lease 65 Offences 66 Offences punishable on summary conviction Schedule 1 Title and commencement • (1) These regulations may be cited as the Rock Oyster Farming Regulations 1964. (2) These regulations shall come into force on the day after the date of their notification in the Gazette. 2 Interpretation • In these regulations and in any lease, unless the context otherwise requires,— The Act means the Rock Oyster Farming Act 1964 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21022#DLM21022 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21022#DLM21022 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21023#DLM21023 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21023#DLM21023 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21024#DLM21024 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21024#DLM21024 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21025#DLM21025 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http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21060#DLM21060 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21060#DLM21060 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21062#DLM21062 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21062#DLM21062 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21063#DLM21063 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21063#DLM21063 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21064#DLM21064 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21064#DLM21064 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21065#DLM21065 Department means the Marine Department Disease means any condition of oysters which causes mortality amongst them or which renders their consumption as food undesirable in the interests of public health; and includes infestation with marine worms, borers or other pests Fishery officer means a fishery officer under section 4 of the Fisheries Act 1908 or an honorary fishery officer under subsection (1) of section 9 of the Fisheries Amendment Act 1959 Fishery officer: this definition was inserted, as from 19 August 1966, by regulation 27(2) Rock Oyster Farming Regulations 1964, Amendment No 1 (SR 1966/142). Leased area means an area of lease-land leased under the Act Lease-land means any part of the bed of the sea or of a river, whether within the ebb and flow of the tide at ordinary spring tides or not Lessee means a person holding a lease under the Act; and includes the executors, administrators, assignees, and successors of the lessee Lessor, in relation to lease-land comprised in any lease that is land vested in the Crown, means the Minister, and, in relation to any lease-land comprised in any lease that is land vested in a Harbour Board or local authority, means the Harbour Board or local authority Minister means the Minister of Marine Rock oyster includes the kinds of oyster known as Ostrea purpurea, Saxostrea glomerata, Crassostrea glomerata, Ostrea glomerata, Ostrea mordax, shore oyster, drift oyster, mangrove oyster, or any oyster of a like kind by whatever name it may locally be known or wherever it may occur Rock oyster: this definition was substituted, as from 19 August 1966, by regulation 27(1) Rock Oyster Farming Regulations 1964, Amendment No 1 (SR 1966/142). Secretary means the Secretary for Marine appointed under the Shipping and Seamen Act 1952; and includes his deputy. Other expressions defined in the Act have the meanings so defined. 3 Application • The provisions of these regulations shall apply to every lease, except so far as expressly negatived or modified or inconsistent with the express provisions of the lease. Part 1 Leases for rock oyster farming Applications for leases 4 Applications for leases • (1) Where the fee simple of lease-land is not vested in a Harbour Board or a local authority, applications for a lease of lease-land for use for the cultivation of rock oysters shall be made to the Secretary or a person authorised by him to receive such applications, (2) Where the fee simple of the lease-land is vested in a Harbour Board or a local authority, the application shall be made to the Secretary or other officer designated by the Board or local authority to receive such applications (3) Every application shall be in duplicate in form 1 in the Schedule to these regulations, and shall be supported by— o (a) A deposit of £10. o (b) Two copies of each page of the newspapers giving notice of the application: o (c) Two copies of a vertical aerial photograph annotated to show clearly thereon the boundaries of the area to be leased and its relationship to adjacent land-boundary surveys or approved survey monuments, or, where no such photograph is available, two copies of a plan showing the boundaries of the area to be leased and its relationship to adjacent land-boundary surveys or approved survey monuments. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM24487#DLM24487 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM24487#DLM24487 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21066#DLM21066 (4) In this regulation the term approved survey monument means any survey mark whose position is recorded in the survey records of the Department of Lands and Survey. Regulation 4(3)(c) was amended, as from 19 August 1966, by regulation 28(1) Rock Oyster Farming Regulations 1964, Amendment No 1 (SR 1966/142), by omitting the words “supplied by the Department of Lands and Survey”. 5 Age of applicants • No person under the age of 21 years may become a lessee under any lease. 6 Applications by several persons • Two or more persons may make application to take or lease as joint tenants or tenants in common any lease-land available for leasing pursuant to the Act. 7 Marking of areas applied for • An applicant for a lease shall mark and keep marked each corner of the area applied for a period commencing on the day of the first notification of the application required to be published in a newspaper and until the expiration of a period of 14 days after that first notification, with a stake or post with a white board or batten attached bearing in black letters not less than 7.5cm in height the words “LEASE APPLIED FOR—[Name of applicant]”. Regulation 7 was amended, as from 25 July 1975, by regulation 2(1) Rock Oyster Farming Regulations 1964, Amendment No 2 (SR 1975/192), by substituting the expression “7.5 cm” for the expression “3 in”. 8 Advertising of applications • The notice required to be published pursuant to section 4 of the Act shall be in form 2 in the Schedule to these regulations. 9 Deposit paid on application • (1) Where an applicant for a lease withdraws his application, the deposit paid shall become forfeited to the Crown, the Harbour Board, or the local authority, as the case may be. (2) Where the Minister, the Harbour Board, or the local authority refuses to grant a lease or the Minister refuses his consent to a lease by a Harbour Board or local authority, the deposit paid shall be refunded or credited to the applicant. 10 Priority in applications • (1) Subject to the provisions of regulation 44 hereof, where more than one application to lease the same area of lease-land is received, the Minister, in the case of lease-land vested in the Crown, and the Harbour Board or local authority, where the lease-land is vested in the Board or authority shall determine the priority in the allocation of a lease in such manner as the Minister, the Harbour Board, or the local authority, as the case may be, sees fit. (2) Every such determination may, in the discretion of the Minister, the Harbour Board or the local authority, as the case may be, be by lot, or by having regard to the financial or other circumstances of the applicant, or to the likelihood of the applicant being able successfully to develop an oyster farm, and the determination of the Minister, the Board, or the local authority, as the case may be, shall be final. Leases 11 Grant of leases • (1) It shall be in the absolute discretion of the Minister to grant or refuse an application for a lease where the lease-land is vested in the Crown. (2) Where the lease-land is vested in a Harbour Board or a local authority, it shall be in the absolute discretion of the Board or local authority to grant or refuse an application for a lease: http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM24492#DLM24492 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21072#DLM21072 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21038#DLM21038 Provided that a Harbour Board or a local authority shall not grant any lease unless the consent of the Minister to the granting of a lease has first been obtained under section 3 of the Act. (3) Every lease shall be in form 3 in the Schedule to these regulations, with such modifications as may be necessary in the circumstances of any particular case. 12 Harbour Boards and local authorities • (1) Where a lessor is a Harbour Board or a local authority, every lease granted by the Board or local authority for the purposes of permitting the development of oyster farming shall be granted subject to the provisions of the Act and these regulations, and every such lease shall include as a condition thereof that the lessee shall comply with these regulations. (2) All rent payable under any lease received by a Harbour Board or local authority shall be paid to the Harbour Fund, District Fund, or County Fund as the case may be. 13 Notification of grant of a lease • Notice of the granting of any lease shall be published in the Gazette. 14 Survey of area • (1) Where the Minister, Harbour Board, or local authority, as the case may be, gives notice in writing to an applicant for a lease of the intent to grant the lease, the applicant, if required by the Secretary, shall forthwith or within any specified time during the currency of the lease, cause the area comprised or to be comprised in the lease to be surveyed and a plan prepared and certified by a registered surveyor showing the boundaries of the area on a scale of not less than 60 m to 2.5 cm and showing the division of the area into lots and access ways as provided for in this regulation. (2) Every leased area shall be divided into lots of 2 ha each (be the same a little more or less), rectangular in shape, and with access ways not less than 10 m in width between and bounding each lot. (3) Two copies of each survey plan that may be required pursuant to this regulation shall be forwarded by the lessee to the Secretary. Regulation 14(1) was amended, as from 25 July 1975, by regulation 2(1) Rock Oyster Farming Regulations 1964, Amendment No 2 (SR 1975/192), by substituting the expression “60 m to 2.5 cm” for the expression “3 chains to 1 in”, and regulation 14(2) was amended, by the same amending authority, by substituting the expression “2 ha” for the expression “5 acres”, and by substituting the expression “10 m” for the words “half a chain”. 15 Modification of boundaries of leased area • The Minister may at any time modify the boundaries of a leased area for the purpose of rectifying errors or for the purpose of more clearly defining the boundaries of the area. 16 Marking of leased area • (1) Every lessee shall, within one month after the grant of a lease to him, mark or cause to be marked the leased area, and shall thereafter during the currency of the lease keep marked the leased area, by the erection at the intersection of each right line forming the boundary of the leased area of a post painted white which shows at least 1.2 m above high water at ordinary spring tides. (2) Any lessee who fails to comply with this regulation commits an offence, and is liable to a fine not exceeding £5. (3) Every lessee shall paint or cause to be painted upon a cross-bar or batten attached near the top of the corner marks marking the boundaries of the leased area, in white oil colour on a black ground in letters and figures not less than 51 mm in height and 10 mm in width, the words “OYSTER LEASE NO......” (inserting the distinguishing number of the lease): Provided that if the Minister is of the opinion that the marking of a leased area in the manner prescribed is impracticable or unsuitable, the area may be marked in such other manner as he approves by writing given to the lessee. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21074#DLM21074 Regulation 16(1) was amended, as from 25 July 1975, by regulation 2(1) Rock Oyster Farming Regulations 1964, Amendment No 2 (SR 1975/192), by substituting the expression “1.2 m” for the expression “4 ft”. Regulation 16(3) was amended, by the same amending regulation, by substituting the words “51 mm in height and 10 mm in width” for the words “2 in in height and 1/2 in in width”. 17 Navigational marks • (1) In addition to the markings prescribed in regulation 16 hereof, the lessee of any leased land which is adjacent to any navigational channel shall, if so required by the Secretary or any person so authorised by the Secretary, mark and keep marked the boundary or boundaries of the leased area which are contiguous with or adjacent to that channel by the erection of such mark or marks as the Secretary or other person authorised by him in that behalf requires by writing given to the lessee. (2) Any requirement for the erection of any mark or marks required pursuant to subclause (1) of this regulation may include provision for the marks to be lighted in such manner as the Secretary or other person giving notice requires. (3) Every lessee required to provide lights pursuant to this regulation shall at all times during the hours of darkness exhibit it and maintain at the cost of the lessee the light or lights so required. (4) Notwithstanding that his lease has expired or been cancelled, revoked, or surrendered, the lessee shall, if the Minister so requires by notice in writing, given to the lessee, continue to exhibit the light or lights required pursuant to this regulation, pending the removal to the satisfaction of the Minister of any structures or other hazards to navigation erected or occasioned in the leased land by the lessee or any former lessee. (5) Every lessee who fails within one month after the date on which the notice is given to him, or within such longer period as may be specified therein, to comply with any requirement of the Minister or the Secretary or other person under this regulation is liable to a fine not exceeding £200. 18 Rental • (1) The rental payable under any lease shall, subject to this regulation, be determined by the Minister in the case of a lease granted or renewed by the Minister, and by the Harbour Board or local authority in the case of a lease granted or renewed by a Harbour Board or local authority. (2) The rental determined by the lessor on an application for renewal of a lease shall be notified to the applicant. If the applicant is dissatisfied with that determination, he may, at any time within 30 days of the date on which the notice was received, apply to the lessor in writing to refer the matter to arbitration for determination in accordance with the Arbitration Act 1908, and the lessor shall refer the matter accordingly. (3) In determining the rental payable pursuant to this regulation the value of improvements made by the lessee or any former lessee shall not be taken into account. (4) Rent for leases shall be paid to the Secretary in the case of lease-land vested in the Crown, and to the Harbour Board or local authority in the case of lease-land vested in a Board or local authority, as follows: o (a) On notification of the grant of a lease, one year's rental shall be payable: o (b) Thereafter the rent shall be payable yearly in advance on each anniversary of the date of the commencement of the lease in each year during the currency of the lease: o (c) In cases where a renewal of a lease is granted, the provisions of paragraphs (a) and (b) of this subclause shall apply to the payment of rent under any renewal lease in the same manner as in the case of the original lease. (5) Where a lease is terminated for any reason other than through the misconduct or failure of the lessee to comply with the terms and conditions of the lease, the Act or these regulations, the lessee shall be liable only for payment of that proportion of the rental covering the period http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21002#DLM21002 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21005#DLM21005 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21006#DLM21006 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21006#DLM21006 up to the date of termination, and shall be entitled to a refund of any rent paid by him in respect of any period subsequent to the date of termination. (6) Where as the result of the application of any provision of these regulations relating to the closure of an area through no fault of the lessee, or where the production of rock oysters has in the opinion of the lessor been reduced as the result of natural causes (such as flood, storm, disease, or contamination through no fault of the lessee), the lessor may release the lessee from payment of rent for the period of that reduction or for a period of three years, whichever is the shorter. 19 Royalty payable • In every lease there shall be implied a condition that, in addition to the rent payable in respect of the lease, there shall also be payable by the lessee such royalties as are from time to time prescribed pursuant to the Act. 20 Lessees in arrears, etc. • (1) It shall be a condition of every lease that if the lessee is in arrears with any rent or payment of any royalty in respect of any one or more leased areas he shall not take rock oysters from any area save with the prior consent in writing of the lessor. (2) Any lessee to whom subclause (1) of this regulation applies shall not be entitled to lease a further area until the overdue payment of rent or royalty has been paid. (3) Every lease shall be liable to forfeiture if the rent or any royalty in respect of any leased area is not paid within a time determined by the lessor. 21 Land included in lease • The rights, powers, and privileges conferred by any lease shall extend and apply only to the lease-land mentioned in the lease at the site shown on the plan referred to in the lease. 22 Property and rights conferred by lease • Every lease shall vest in the lessee all rock oysters adhering to structures erected by the lessee or by any former lessee on the lease-land comprised in the lease and the exclusive right during the currency of the lease of propagating and picking those rock oysters, but subject always to the provisions of the Act and these regulations. 23 Occupiers' Liability Act 1962 • Every lessee shall be deemed to be the occupier of the leased area within the meaning of the Occupiers' Liability Act 1962. Conditions of leases 24 Acceptance of conditions • The occupation by the lessee of the lease-land referred to in a lease shall be sufficient evidence of the acceptance by the lessee of the terms and conditions of the lease (including the provisions of these regulations). 25 Covenants and conditions • (1) Every covenant expressed in any lease or implied in any lease by any provision of these regulations shall be deemed to be entered into on the part of the lessee for himself, his executors, administrators, and permitted assigns. (2) Every covenant implied by any provision of these regulations shall be binding on the lessee as if fully set out in the lease, and nonfulfilment of any such covenant shall be a breach of the covenants and conditions of the lease entitling the lessor to declare the lease to be cancelled under the Act or forfeited under these regulations. (3) Every lease may contain such further express covenants and conditions on the part of the lessee not inconsistent with the Act or these regulations, as the lessor determines. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21008#DLM21008 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM339662#DLM339662 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM339662#DLM339662 26 Conditions as to access • Every lease shall be held subject to the right of the owner and lawful occupier of any land upon which the leased area abuts to pass and repass from and to that land over the waters and foreshore within the leased area subject to the provisions of regulation 35 hereof. 27 Drainage of land upon leased areas • Every lease shall be held subject to the right of the owner or lawful occupier of the land abutting on any leased area to drain the surface water off the land into the leased area and the holder of the lease shall not be entitled to any compensation for any damage that may result to the leased area or to the oysters or spat thereon by reasonable exercise of the right conferred by this regulation 28 Lease-land to be acquired for sole use and benefit • (1) Subject to the provisions of these regulations, no person shall by himself or through any other person for him, be entitled to acquire, obtain or hold either by original application or by transfer or otherwise in any manner, any lease-land under any lease unless it is exclusively for his own use or benefit. (2) No person who, at the time of making his application for a lease, has made any arrangement or agreement to permit any other person to acquire the use of the land in respect of which his application is made or any part thereof or the applicant's interest therein shall be entitled to obtain a lease of that lease-land or any part thereof. 29 Lease held in trust • The executors, administrators or trustees of a deceased lessee may continue to hold the lease in trust for the persons beneficially entitled thereto under the will or intestacy of the deceased pending the vesting of the lease in the persons entitled or during the minority of any beneficiary, as if they were the lessee 30 Erection of structures • (1) No person shall erect or cause to be erected on any lease-land any structure other than a structure directly related to and necessary for the purpose of the cultivation of rock oysters and as may be authorised in the lease of that lease-land. (2) The lessor may, on the request in writing of a lessee and, in the case of a lease by a Harbour Board or local authority, with the consent of the Minister, amend any lease to permit the erection or modification of any structure which in the lessor's opinion is necessary for the management of the oyster farm, but for no other purpose. (3) Before authorising the erection of any structure on lease-land, the lessor may require the lessee to submit such detailed information as to the design of the proposed structure as the lessor or the Minister may require. 31 Conditions as to structures • (1) Every structure on any leased area shall be maintained in good order and repair by the lessee during the continuance of the lease and for such period after the expiry or revocation or surrender of the lease as may be required pursuant to these regulations. (2) No person shall erect any structure in any leased area unless it is constructed on piles or pillars between which there is ample space for the ebb and flow of the tide. (3) No person shall erect any structure in any leased area which may cause or tend to cause erosion or accretion. (4) The Minister may, by notice in writing to any lessee, require the lessee to repair, remove, renovate redesign, or resite any structure which in the Minister's opinion creates or is likely to create any unreasonable or unnecessary despoilment of the natural beauty of any area or which may constitute a hazard to navigation. (5) No person shall erect any structure in any leased area unless the structure is designed and constructed with due regard to such circumstances as might reasonably be expected to arise http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21024#DLM21024 from tidal action, stress of either, storm, flood, or like occurrences which may constitute a hazard to navigation in the event of the structure or any part thereof breaking adrift. 32 Removal of structures • (1) Subject to the provisions of regulations 46 and 47 hereof, it shall be a condition of every lease that the lessee shall be responsible, on the expiry, surrender, cancellation, or forfeiture of a lease, for the removal of all structures on the leased area and for the restoration of the site to its original condition before the area was first leased if he is required by notice in writing to do so by the lessor. (2) If any lessee fails to comply with a notice given by the lessor under subclause (1) of this regulation within the time specified in the notice, the lessor may cause the structures to be removed and the site to be restored to its original condition, and all costs incurred in the removal and restoration shall be paid by the lessee and may be recovered as a debt due to the Crown or, as the case may be, to the Harbour Board or local authority. 33 Lessee to give bond for removal of structures • (1) No lessee shall erect any structure on any leased area unless there is for the time being in force a bond to the lessor in the sum of £500 given by a surety or sureties approved by the lessor and conditioned to secure the liability of the lessee to remove structures from the area comprise in the lease and to restore the area to its original condition. (2) Every such bond shall be in a form approved by the lessor. (3) The sum named in a bond under this regulation shall be deemed not to be a penalty, but shall be recoverable in full as a debt due by the surety or sureties to the lessor unless the surety or sureties prove performance of every condition upon which the bond is defeasible. (4) Every sum so recovered shall be applied— o (a) In compensating the lessor for the cost of the removal of structures and for the restoration of the site to its original condition o (b) In refunding to the surety or sureties any balance left after payment of that cost 34 Access to lease-land • (1) The Secretary, or any person authorised by him in that behalf and any fishery officer or other person in the service of the Government acting in the execution of his duties under any enactment, shall at all times have free ingress, passage, and egress into, through, over, and out of any lease-land. (2) If any lease contains a provision that any person or class of persons shall have access through the lease-land or any part thereof, the lessee shall permit all such persons, at such time or at all times as may be specified in the lease, freely to pass and repass through the lease-land or the part thereof specified in the lease. (3) If any lease contains a provision that any person or class of persons shall have free use and access to any structure upon payment of dues approved by the Minister, the lessee shall permit all such persons upon payment of those due to have full and free liberty at all reasonable times to use the structures referred to in the provision and all rights of ingress and egress thereto and therefrom for such use. 35 Way of access • (1) The Minister, on receipt of an application in that behalf from a lessee of a leased area or the owner or occupier of any land adjoining any such area or without any such application, and after serving notice on the lessee and the owner or occupier of the adjoining land, may, if he thinks fit, determine a way of access to that adjoining land over a specified part of the leased area. (2) In determining a way of access under subclause (1) of this regulation, the Minister may impose such condition on the lessee, and direct him to do such work for facilitating access, as the Minister thinks reasonable. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21040#DLM21040 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21041#DLM21041 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21021#DLM21021 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21024#DLM21024 (3) Any person who uses the lease-land for access otherwise than by the way determined as aforesaid commit an offence against these regulations, and is liable to a fine not exceeding £10: Provided that it shall be a defence in any proceedings for an offence against this subclause if the Court is satisfied that any of the conditions imposed on or directions given to the lessee under this regulation have not been complied with. 36 Marking ways of access • Where a way of access over a leased area has been determined by the Minister, the lessee of the leased area shall, within the time determined by the Minister and notified to the lessee by notice in writing, mark and keep marked that way by posts showing, at least 1.2 m above high water at ordinary spring tides, and each post shall bear at or near the top thereof a cross bar or batten painted white with the words “WAY OF ACCESS” painted thereon in black letters at least 7.5 cm in height. Regulation 36 was amended, as from 25 July 1975, by regulation 2(1) Rock Oyster Farming Regulations 1964, Amendment No 2 (SR 1975/192), by substituting the expression “1.2 m” for the expression “4 ft”, and by substituting the expression “7.5 cm” for the expression “3 in”. 37 Removal or destruction of marks • Every person commits an offence who without lawful authority removes, destroys, injures, or interferes with any marks required to be erected by or pursuant to these regulations, or defaces, obliterates, or interferes with any letters numerals, attachments, lights, or signs displayed or attached to any such marks. 38 Returns • Every lessee shall forward to the Secretary the following returns: o (a) Monthly: Within 14 days after the end of each month a return in the form supplied by the Secretary of the rock oysters picked either for marketing or for the purpose of maturing or, if no such oysters have been picked, a 'nil' return stating the reasons why no pickings were made during that month. o (b) Annually: On the 1st day of June in each year a return in the form supplied by the Secretary showing the area under cultivation by reference to battens or trays set out for the collection of oyster spat and for the maturing of oysters. 39 Oyster stealing by lessee • There shall be an implied condition in every lease that if any lessee is convicted of stealing oysters from any leased area or of unlawfully receiving oysters stolen from a leased area or of any offence against Part 1 of the Fisheries Amendment Act 1965 or the Oyster Fishing Regulations 1946,1 the Minister may, without payment of compensation, cancel the lease by notice published in the Gazette. Upon publication of such a notice all rights and privileges granted by the lease and the unexpired term thereof shall cease and determine. Regulation 39 was amended, as from 19 August 1966, by regulation 29 Rock Oyster Farming Regulations 1964, Amendment No 1 (SR 1966/142), by substituting the words “against Part 1 of the Fisheries Amendment Act 1965” for the words “under sections 12 to 37 of the Fisheries Act 1908”. 40 Subleasing prohibited • The lessee shall not sublease or sublet the whole or any portion of any lease-land included in his lease. 41 Assignment of lease • The lessee shall not assign his lease, whether as to the whole or any part of the lease-land included therein, except with the prior consent in writing of the lessor. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21030#DLM21030 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM24493#DLM24493 Forfeiture of leases 42 Lease may be forfeited • (1) Where the lessor has reason to believe that any lessee is not fulfilling the conditions of his lease in a bona fide manner according to their true intent and purport, the lessor, after holding inquiry into the case and giving the lessee an opportunity of explaining the non-fulfilment of the conditions and being satisfied that any one of the grounds specified in subclause (3) of this regulation has been established, may, by notice in writing served on the lessee, declare the lease to be forfeited. (2) For the purposes of this regulation, the lessor may appoint such person or persons as the lessor thinks fit to hold due inquiry and hear the lessee and to report to the lessor on the same. (3) The grounds on which a lease may be declared forfeited may be any one of the following: o (a) That the rent or other payments under the lease have not been paid within two months after the time when payment was due: o (b) That the lessee has not used the lease-land comprised in the lease exclusively for his own use and benefit, or, while using the said land for his own use and benefit nominally, has permitted other persons to derive the virtual use and benefit thereof: o (c) That the lessee has not complied with the conditions implied in his lease by the Act or these regulations relating to the proper use and management of the lease-land for the cultivation of rock oysters, or with any other conditions expressed or implied in his lease: o (d) That the lessee has left New Zealand or cannot be found, or has abandoned the lease-land comprised in his lease, or is deceased and no claimant for the lease can be found. (4) Subject to a right of appeal to the Minister within one month after the date on which the notice that the lease has been declared forfeited has been served on the lessee, where any lease is declared to be forfeited under this regulation, the interest of the lessee shall cease absolutely and determine as at the date of that declaration, and the lease-land comprised in the lease with all improvements thereon shall revert to the lessor, and the lessee shall not be entitled to any compensation. (5) The decision of the Minister on any such appeal shall be final. Part 2 Renewal of lease and re-offering of lease-land 43 Renewal of leases • (1) It shall be a condition of every lease that the lessor, on the application of the lessee made during the last year but one of the term of the lease, shall, if the lessor is satisfied that the lessee has substantially observed and performed the covenants and conditions of the lease and has complied with these regulations, grant a further lease at a rental to be determined in accordance with these regulations and subject to the provisions of these regulations and to such other terms and conditions as the lessor may determine. (2) The provisions of this regulation shall not be construed to give the lessee a right to more than one such further lease. 44 Preferment rights • (1) Subject to the provisions of regulation 43 hereof, the lessee of any leased area who has, in the opinion of the lessor, substantially observed and performed the covenants and conditions of the lease shall have a preferment right to any lease of the leased area subsequently granted. (2) The preferment right shall arise where the lessee has made such an application during the period of three months immediately preceding the expiration of the renewal of the lease or of the lease of the further term. (3) The preferment right conferred by subclause (1) of this regulation shall be a right, as against any other applicant, to a lease of the area or of a substantial part of the area. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21035#DLM21035 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21037#DLM21037 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21038#DLM21038 (4) Nothing in this regulation shall be construed to make it obligatory on the lessor to grant a lease of any area. 45 Offer of land for lease • (1) The Minister, in the case of lease-land vested in the Crown, and the Harbour Board or local authority, in the case of lease-land vested in a Harbour Board or local authority may offer by public tender or public auction the lease of any area of lease-land which becomes available for acquisition at a rental or subject to payment of royalties as may be prescribed pursuant to the Act. (2) It shall be a condition of any public auction or public tender at which a lease of any such area is offered that the successful bidder or tenderer shall pay, in addition to the rental and any premium offered, the value of the improvements is determined under regulation 47 hereof. (3) If the successful bidder or tenderer is the lessee under the expired lease, the Minister or, as the case may be the Harbour Board or local authority shall waive payment of the value of the improvements. (4) If the successful bidder or tenderer is not the lessee under the expired lease, the Minister or, as the case may be, the Harbour Board or local authority shall pay to that lessee when it is received the value of the improvements as determined under regulation 47 hereof less any deductions provided for in that regulation. 46 Improvements to be purchased by incoming lessee • (1) Where any lease-land is acquired by an incoming lessee pursuant to regulation 45 hereof, the value of the improvements shall be paid by him in cash before he is admitted into possession of the lease-land: Provided that the lessor may in his or it discretion allot the value of the said improvements to be paid by instalments over a period of years subject to such conditions as the lessor thinks fit: Provided also that in any case where the former lessee is entitled as hereinafter provided to receive payment of any amount in respect of the whole or any part of the value of the improvements, the lessor may, with the prior consent of the person entitled to receive the payment, allow the amount to be secured by way of mortgage to that person under such conditions as the lessor thinks fit. (2) All payments under subclause (1) of this regulation, other than any payments secured by mortgage given pursuant to the second proviso thereto, shall be made to the lessor. Where the lease-land is vested in the Crown, the payment shall be made to the Department and shall be paid into a deposit account. (3) From the amount payable by the incoming lessee there shall be deducted— o (a) Any money due to the lessor in respect of the lease-land by the lessee o (b) Any expenses incurred in recovering possession of the land and in respect of its redisposal. 47 Valuation of improvements • (1) Where a lease expires and a new lease is granted to any person other than the outgoing lessee, the valuation of the improvements shall be as agreed upon between the outgoing and the incoming lessee. (2) Where no such agreement can be reached or where no offer has been received for the lease, the lessor may cause a valuation to be made in such manner as the lessor directs of the improvements effected or purchased by the outgoing lessee. (3) As soon a possible after the valuation referred to in subclause (2) of this regulation is made the lease shall be offered for acquisition in accordance with the provisions of these regulations weighted with the value of the improvements effected or purchased by the outgoing lessee, as determined by that valuation. (4) Where the lessor is of the opinion that the disposal of a lease is being hindered by reason of the value of the improvements as provided for in this regulation being excessive, the lessor may in his or its discretion from time to time reduce the value of the improvements and again http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21041#DLM21041 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21041#DLM21041 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21039#DLM21039 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21040#DLM21040 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21041#DLM21041 offer the lease for acquisition. No claim shall be against the lessor by reason of any such reduction of valuation. (5) For the purpose of any valuation provided for in this regulation, the lessor may establish a board composed of not more than three persons to consider and report on the value of the improvements and the lessor may after considering any such report determine the value of the improvements. (6) The lessor shall, if so requested by the outgoing lessee, establish the board referred to in subclause (5) of this regulation, and the board shall give opportunity for the outgoing lessee to be heard and receive evidence and submissions made on his behalf. (7) A fee of £20 shall be payable by the lessee to the lessor before a board is established under subclause (6) of this regulation. Part 3 Management of oyster farms and lease-land 48 Lessees to utilise leased areas • It shall be the duty of the lessee of every leased area during the first year of the currency of the lease, and from year to year thereafter, to take steps for the proper utilisation of the leased area for the cultivation of rock oysters by the laying out of such material for the catchment of spat or by laying out spat or young rock oysters to mature or by taking such other steps as may be necessary or desirable for the use of the area for the artificial culture of rock oysters. 49 Report on cultivation • On the grant of any lease and from time to time thereafter, the Secretary shall furnish or cause to be furnished to the Minister a report on the steps taken to cultivate the leased area, and it shall be indicated therein whether sufficient use is being made of the area for the production of rock oysters. 50 Lessee to facilitate inspection • It shall be the duty of every lessee to facilitate by all reasonable means the exercise by the Secretary or any officer authorised by the Secretary in that behalf entry and access at all times upon the leased area for the purposes of obtaining information as to the condition of the leased area and to permit the examination of the structures on the area and the oysters growing or stored thereon, and to do all things reasonable to enable that person to obtain information relevant to the preparation of a report on the area. 51 Cultivation • (1) It shall be a condition of every lease that the Minister, on receipt of a report from the Secretary that any area is being so overstocked or stripped of oysters or otherwise so mismanaged that the production of oysters thereon has been or is likely to be so prejudicially affected or so reduced as to threaten its partial or total destruction as an oyster-bearing area, may, by notice in writing, require the lessee in any such area to take such action as may be specified in the notice with a view to remedying the position. (2) Any lessee who fails to take such action as may be specified in the notice referred to in subclause (1) of this regulation commits an offence. (3) Any person whose lease has been forfeited for failure to comply with this regulation may not be granted a lease for a period of five years from the date of conviction for an offence against this regulation. 52 Closure of areas • (1) If the Minister, on receipt of a report from the Secretary, is satisfied that the whole or any part of any area used for the cultivation of rock oysters is diseased, affected by marine pests, or contaminated, or likely to be contaminated by sewage or other cause to such an extent as to render the rock oysters thereon unfit for human consumption or dangerous to human life or to http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21041#DLM21041 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21041#DLM21041 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21046#DLM21046 such an extent that the production of oysters in the area is likely to be prejudiced, he may, by notice in the Gazette, declare any such area to be diseased, affected by marine pests, contaminated, or likely to be contaminated. (2) In so declaring any area to be diseased, contaminated, or likely to be contaminated, the Minister may in the notice prohibit the taking of rock oysters from any such area, or he may determine conditions under which rock oysters may be taken from any such area. (3) In determining the conditions under which rock oysters may be taken from any area to which this regulation refers, the Minister may generally notify conditions in the Gazette or he may, by notice in writing served on a lessee or lessees in the area affected, require such steps to be taken for the inspection, purification, and treatment of rock oysters so taken as he considers necessary, or he may specify such steps to be taken by a lessee or lessees in the area to rid the area of disease or contamination as he thinks fit. (4) Any conditions notified by the Minister or requirements determined by him pursuant to this regulation may include the destruction or removal of any structures, or oysters, or any material in the leased area. (5) The Minister may, by a like notice, rescind wholly or in part any notice given pursuant to this regulation, or he may amend any such notice. (6) Where in any area the taking of rock oysters has been prohibited by the operation of this regulation, the Minister may release the lessee or lessees in the area from payment of rent for the period of the prohibition or for a period of four successive years, whichever is the shorter (7) It shall be a condition of every lease that no compensation shall be payable for any loss sustained by any lessee by reason of any requirement issued pursuant to this regulation. (8) It shall be the duty of every lessee to take steps to keep the leased area free from disease, contamination, or infestation by pests that may be within his knowledge or resources. (9) Every person commits an offence who fails to comply with any declaration or notice issued pursuant to this regulation. 53 Spelling of areas • Any lessee may, with the written consent of the Minister, spell any area or such parts thereof for such period or periods as the Minister may approve, and the provisions of these regulations relating to the usage of an area for rock oyster cultivation shall not apply during that period or those periods. 54 Disposal of waste • (1) Every person commits an offence who deposits or casts any used or waste material, posts, stakes, battens, rubbish, or other material (including shell) in any leased area, and is liable to a fine not exceeding £50. (2) Every person commits an offence who fails to remove to the satisfaction of the Secretary any of the waste material or rubbish referred to in subclause (1) of this regulation within seven days of the receipt of a notice addressed to him by the Secretary requiring him to remove that material, and is liable to a fine not exceeding £50. 55 Diseased or contaminated oysters • (1) Every person commits an offence who knowingly sells, offers for sale, consigns for sale, or exposes for sale any diseased rock oysters or any contaminated rock oysters not in a fit condition for food. (2) Every person commits an offence who, without the prior consent of the Minister given in writing, knowingly removes diseased or contaminated oysters from one leased area to another leased area or who knowingly places or casts any such oyster into any tidal water. (3) Every person commits an offence who knowingly sells, offer, for sale, consigns for sale, or exposes for sale any rock oysters taken from any area that is for the time being subject to the declaration or notice of any requirements under regulation 52 hereof except in compliance with any conditions specified in the declaration or notice. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21049#DLM21049 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21047#DLM21047 56 Unmarketable oysters • (1) A rock oyster which, unopened, will pass through a firm circular metal ring having a clear inside diameter of 37 mm shall be deemed to be an unmarketable oyster (2) No person shall take, consign sell, or offer for sale any unmarketable oysters: Provided that it shall not be an offence for a lessee to remove unmarketable oysters from one leased area to another leased area nor to sell or dispose of unmarketable oysters to another lessee for the purpose of maturing those oysters on a leased area. (3) No person shall acquire by any means whatsoever any unmarketable rock oysters except for the purpose of maturing those oysters on a leased area. Regulation 56(1) was amended, as from 25 July 1975, by regulation 2(1) Rock Oyster Farming Regulations 1964, Amendment No 2 (SR 1975/192), by substituting the expression “37 mm” for the expression “1 1/2 in”. 57 Marketing of oysters • (1) All containers of rock oysters (whether in the shell or otherwise) taken from a leased area shall be marked with the number of the leased area from which they were taken. (2) Every person commits an offence who for the purposes of sale consigns oysters to any destination in any container not marked as provided for in this regulation. 58 Use of oysters • (1) Except as provided in subclause (2) of this regulation, no person shall use for any purpose other than as food rock oysters cultivated on any leased land. (2) The Minister may authorise in writing the use of oysters unfit for food for such purposes as he may specify in writing given to a person applying for a permit to use such rock oysters for those purposes. 59 Oysters not to be taken between sunset and sunrise • (1) No person shall remove rock oysters from any lease-land during the hours between sunset and sunrise. (2) Any person who between the hours of sunset and sunrise is found on any tidal water in a boat containing rock oysters (not being a boat engaged in overseas or coastwise carrying trade) shall, until the contrary is proved, be deemed to have taken the oysters in breach of subclause (1) of this regulation. Part 4 Miscellaneous provisions 60 Fees and other payments • Until such time as any deposit, fee or rental prescribed or determined by or under these regulations or any royalty prescribed pursuant to the Act has been paid, the lessor or the Secretary may decline to do any act or permit any act to be done, or to receive any document in respect of which the payment is due. 61 Lease-land required for public purposes • Nothing in these regulations shall derogate from the provisions of any other enactment providing for the acquisition of lease-land for any public purpose. 62 Protection of harbour works • (1) It shall not be lawful for the lessee of any leased area which includes any works, plant, or equipment for the improvement, protection, management or utilisation of a harbour to remove, displace, disturb, or damage in any way any such works plant or equipment or to do anything which may cause any such works, plant, or equipment to be damaged or to become ineffective. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21054#DLM21054 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM21055#DLM21055 (2) Any person acting in contravention of this regulation shall, in addition to any penalty under these regulations or any other enactment, be liable to pay compensation to the Harbour Board or, where the powers and duties of a Harbour Board are vested in a local authority or the Governor-General, to the local authority or the Crown, as the case may be, for any damage to any works, plant, or equipment related to or arising out of his act. (3) It shall be lawful for the Minister to cancel, without payment of compensation, any lease held by any person convicted who contravenes this regulation. 63 Service of notices • (1) Any notice or other document to be given to or served on any lessee for the purposes of the Act or these regulations may be given or served by causing the same to be delivered to that person, or to be left at his usual or last known place of abode or business or at the address stated by him in any application or other document under the Act or these regulations, or to be sent by registered letter addressed to him at that place of abode or business or address, or affixed upon any structure for the time being erected upon the leaseland referred to in the lease. (2) If there is at any time more than one lessee, service upon any or either lessee shall be good service on each and every lessee. (3) Service as aforesaid shall be good service notwithstanding that there may not be any legal representative of a deceased lessee appointed, and notwithstanding that the notice or document may not be addressed to any person by name. (4) Any notice sent by registered letter shall be deemed to be served at the time when it would be delivered at its destination in the ordinary course of registered post. (5) If at any time a lessee changes his address to one that is different from that given in the application for his lease, he shall forthwith notify the Secretary in writing of the change. Regulation 63(5) was inserted, as from 19 August 1966, by regulation 29 Rock Oyster Farming Regulations 1964, Amendment No 1 (SR 1966/142). 64 Notification of cancellation or forfeiture of lease • Where any lease that is registered in the Land Registry Office— o (a) Is cancelled by the Minister pursuant to section 6 of the Act; or o (b) Is cancelled or forfeited pursuant to any provision of these regulations,— the Minister or, as the case may be, the lessor may send notice of the cancellation or forfeiture to the District Land Registrar, who shall enter a memorial thereof on the register. 65 Offences • (1) Every person commits an offence against these regulations who, without lawful excuse, proof of which excuse shall lie on him, acts in contravention of, or fails to comply with, any provisions of these regulations. (2) Except as otherwise expressly stated in these regulations, every person who commits an offence against these regulations is liable to a fine not exceeding £500 in addition and without prejudice to any other liability by way of revocation or suspension of lease or otherwise to which he may be exposed. 66 Offences punishable on summary conviction • Every offence against these regulations shall be punishable on summary conviction. Schedule Form 1 Application for a lease for an oyster farm Reg 4(3) http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM24493#DLM24493 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM20785#DLM20785 Rock Oyster Farming Act 1964 • Form 1 of the Schedule was amended, as from 19 August 1966, by regulation 28(2) Rock Oyster Farming Regulations 1964, Amendment No 1 (SR 1966/142), by omitting the words “supplied by the Department of Lands and Survey”. • Form 1 was further amended, as from 25 July 1975, by regulation 2(1) Rock Oyster Farming Regulations 1964, Amendment No 2 (SR 1975/192), by substituting the words “Area in hectares” for the words “Acreage of area”. Form 2 Notice of application for a lease for an oyster farm Reg 8 Rock Oyster Farming Act 1964 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/link.aspx?id=DLM24492#DLM24492 http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM20792#DLM20792 Form 3 Oyster farm lease Reg 11(4) WHEREAS lease-land within the meaning of the Rock Oyster Farming Act 1964 (hereinafter referred to as the said Act) is vested in Her Majesty the Queen (or the [Name] Harbour Board) (or [Name of Local authority]) (hereinafter referred to as the Lessor) AND WHEREAS [Full name, occupation, and address] in New Zealand has duly applied under the provisions of the said Act to the Secretary for Marine (hereinafter referred to as the Secretary) (or to the [Name] Harbour Board) (or to [Name of local authority]) for a lease of lease-land hereinafter described for the purpose of developing an oyster farm for the cultivation of rock oysters AND WHEREAS all things required by law have been done to enable a lease of the land to be duly granted AND WHEREAS the Minister of Marine (hereinafter referred to as the Minister) (or, as the case may be) is empowered under the said Act to grant a lease of the land NOW THEREFORE in pursuance of the provisions of the said Act the Lessor HEREBY LEASES to the said [Full name] (who with his executors, administrators, and permitted assigns is hereinafter referred to as the Lessee) ALL THAT piece or parcel of lease-land containing ............... hectares more or less and situated in ................. and as delineated in the plan recorded in the Marine Department at Wellington and numbered MD .................... (or such fuller description as may be necessary where registration in the Land Registry Office is intended) (hereinafter referred to as the leased area) AND GRANTS to the Lessee the exclusive right during the currency of this lease of having and planting rock oysters on structures erected in the leased area and of taking rock oysters from those structures TO HOLD the leased area as an oyster farm for the term of .............. years commencing on the ................ day of .................. 19.... BUT SUBJECT ALWAYS to the provisions of the said Act and any regulations thereunder and to the reservations, exceptions, conditions, and provisions herein contained YIELDING AND PAYING therefor as hereinafter mentioned the yearly rent of ............... pounds ................. shillings ................ pence together with any royalty payable pursuant to the said Act AND IT IS HEREBY DECLARED that all conditions and provisions contained in the said Act and any regulations thereunder are, so far as the same are applicable hereto, embodied and incorporated in these presents as covenants, conditions, and provisions of the lease hereby expressed to be granted AND IT IS HEREBY FURTHER EXPRESSLY DECLARED as follows: • 1. THAT the Lessee shall an will duly pay annually in advance to the Secretary (Lessor) the rent hereby reserved on or before the anniversary of the commencing date herein mentioned. • 2. THAT the Lessee will utilise and cultivate in a proper manner the leased area as an oyster farm and in accordance with the said Act or any regulations, notices, or requirements made or issued pursuant thereto. • 3. THAT the lessee shall, subject to and in accordance with the provisions of the said Act and any regulations thereunder, mark and keep marked the boundaries of the leased land, any way or ways of access duly determined by the Minister or required herein, and any navigational marks required to be erected and maintained until released by the Minister from such obligation. http://www.legislation.govt.nz/regulation/public/1964/0207/latest/whole.html#DLM20796#DLM20796 • 4. THAT the Lessee shall take such steps as may be necessary to keep the leased area free from disease, contamination, or the possibility of contamination as may be within his resources or as may be required by the Minister or the Secretary (the Lessor) in the exercise of their powers under the said Act and any regulations thereunder. • 5. THAT the Lessee will maintain in good order and repair the structures authorised herein to be erected and will not permit any structure so to deteriorate through want of repair as to become a potential hazard to navigation or to constitute a despoilment of the area. • 6. THAT the Lessee will permit the lawful occupier of any land upon which the leased area abuts to pass and repass from and to that land (where a way of access has been defined under the Rock Oyster Farming Regulations l964, add by means of a way of access defined pursuant to regulations under the said Act). • 7. THAT the Lessee will hold the leased area exclusively for his own use and benefit. • 8. THAT if required by the Lessor to do so the lessee will forthwith (or before the day of 19) at his own expense cause the leased area to be surveyed and a plan prepared and certified by a registered surveyor setting out the area in rectangular 2-hectare lots (be the same a little more or less) and access ways and will deposit two copies of the said plan with the Secretary (Lessor). • 9. THAT the Lessee will accept any modification of the boundaries of the leased area as may be determined by the Lessor for the purpose of rectifying errors or for more clearly defining the boundaries. • 10. THAT the Lessee will at his expense and if required by the Lessor to do so remove any or all structure or structures on the leased area and restore the area to its original condition as existing before the area was leased to him or to his predecessors. • 11. THAT the Lessee accepts full responsibility as occupier of the leased area within the meaning of the Occupiers' Liability Act 1962. • 12. THAT the Lessee will permit and facilitate free ingress, passage, and egress to the Secretary and any person designated by the Secretary (or any person designated by the Lessor) and all other persons acting in the execution of their duty in pursuance of any enactment, through, over, and out of the leased area. • 13. THAT the Lessee will promptly comply with any notice served upon him by the Lessor in respect of the determination of a way of access through the leased area. • 14. THAT the Lessee will not during the currency of this lease remove or take oysters or permit or cause oysters to be removed or taken from the leased area or any part thereof— o (a) At any time during which payment of the rent hereby reserved or royalty prescribed pursuant to the said Act shall be in arrear unless the written consent of the Lessor shall have been previously obtained. o (b) At any time between sunset and sunrise. o (c) At any time during which the taking of oysters from the leased area or any part thereof is prohibited under any notice under the said Act or regulations thereunder for the time being in force. • 15. THAT the Lessee will not at any time during the currency of this lease or at any other time make any claim for alleged damage of any kind whatsoever to the leased area or in anywise connected therewith arising out of or through the construction and maintenance of any harbour works by the Lessor or any other authority authorised to so do by the Lessor. • 16. THAT the Lessee will erect in the leased area only the following structures: o (a) Posts and bearers comprising stands for the laying out of battens horizontally for the collection of rock oyster spat and for battens and trays for the maturing of rock oysters. o (b) [Insert description of other structures.] o (c) [Insert description of other structures.] • 17. [Insert any further conditions applicable.] THAT there is reserved to the Lessor the right to grant to the owner or lawful occupier of land abutting on the leased area or separated therefrom merely by the foreshore or by the foreshore reserve contiguous with that area authority to erect under licence on that part of the foreshore adjoining or opposite that land boatsheds, landing places, wharves, stores, freezing works, cool chambers, and bathing sheds of such kinds as may be permitted under any enactment AND upon the issue of such a licence the Lessee will allow the aforesaid structures to be erected, used, repaired, and renewed by the said owner or occupier and his tenants, servants, and agents AND the Lessee shall not be entitled to any compensation or diminution of rental by reason of the erection, use, repair, and renewal of any such structure. THAT nothing in this lease expressed or implied shall abridge or in any way curtail or affect the reclamation rights conferred by any enactment on the Lessor nor the right of the Lessor to carry out public works upon the area leased or in its immediate vicinity and the Lessee shall not be entitled to any compensation in respect thereof. [To be omitted in the case of a renewal lease] THAT subject to the leased area not being required for any public purpose and subject to a revaluation of the rental hereinbefore prescribed the Lessee shall if he so requires on the expiration of the said period of ...................... years be entitled to a renewal of this lease for a further period of .......................... years from the date of expiry of the lease. PROVIDED ALWAYS that should the leased area be required for protective works or any other harbour works the Lessor may at any time determine this demise by three calendar months' notice in writing to the Lessee and on the expiration of that notice the tenancy hereby created shall determine and the Lessee shall have no claim against the Lessor for compensation on any account whatsoever by reason of that determination other than a claim for refund of a proportionate part of any rent paid in advance prior to that determination AND IT IS HEREBY DECLARED that in the event of a determination as aforesaid the Lessor will give preference to the Lessee to a lease of any similar area of lease-land which may at the time of the determination be available for acquisition. PROVIDED ALWAYS that these presents are upon this express condition that if and whenever the rent hereby reserved or any royalties payable by the Lessee or any part thereof are not paid as hereinbefore provided or there is a breach or non-observance by the Lessee of any other condition or provision herein expressed or implied and on the part of the Lessee to be observed or performed the Lessor may, by notice published in the Gazette, cancel and forfeit this lease and upon the publication of the notice these presents shall become of no effect and the term hereby granted shall absolutely cease and determine but without releasing the Lessee from liability in respect of the breach, non observance, or non-performance of any condition or provision herein expressed or implied. PROVIDED FURTHER AND IT IS HEREBY DECLARED that such of the provisions and conditions of this lease as require or prescribe any act or thing to be done or not to be done by the Lessee shall, in addition to being read and construed as conditions of this lease, be also read and construed as covenants by the Lessee with the Lessor and Her (its) successors to observe and perform the said provisions and conditions. The term Minister when herein used shall include the Minister of Marine for the time being or other Minister of the Crown for the time being charged with the administration of the said Act and the term Secretary shall include the person so defined in the said Act and a person who by the provisions of the Shipping and Seamen Act 1952 is for the time being his appointed deputy. The Lessee the said [Full name] hereby accepts this lease of the above-described lands to be held by him as tenant and subject to the conditions, restrictions, and covenants above set forth. Dated this ................ day of ................ 19.... Signed by the Honourable ......................... Minister of Marine for and on behalf of Her Majesty the Queen, as Lessor; in the presence of .................... (or as the case may be in the case of a Harbour Board or local authority) .................. Signed by the said .................... as Lessee in the presence of .................... • Form 3 was amended, by the same amending provision, by substituting the word “hectares” for the word “acres”, and by substituting the expression “2-hectare” for the expression “5 acre”. T J SHERRARD, Clerk of the Executive Council. Issued under the authority of the Regulations Act 1936. Date of notification in Gazette: 17 December 1964.