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Planting of Land Ordinance 1963

NIUE

PLANTING OF LAND ORDINANCE

ANALYSIS

Title

1. Short Title
2. Planting and clearing of land
3. Police to be shown work done by any person
4. Offence and exemptions
5. Obstructing officers of Police
6. Repeal

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PLANTING OF LAND ORDINANCE 1963
1963, No. 18

An Ordinance to promote the growing of fruit and vegetables for home consumption (16 January 1963).

1. Short Title - This Ordinance may be cited as the Planting of Land Ordinance.

2. Planting and clearing of land – Every male person of an age between eighteen and sixty years shall –

(a) plant from time to time such quantities of fruit and vegetables as may be necessary for the sustenance of himself and his family;

(b) keep the land so planted upon reasonably clear at all times from weeds, garden refuse, and any other matter likely to impair the growth of anything planted thereon.

3. Police to be shown work done by any person - The Chief Officer of Police or any officer of Police authorised by him on that behalf may call upon any person coming within the provisions of section 2 of this Ordinance to show the work done by him in compliance with those provisions or to satisfy the said officer that he is entitled to claim any of the exemptions provided in subsection (3) of section 4 of this Ordinance.

4. Offences and exemptions - (1) Any person coming within the provisions of section 2 of this Ordinance who does not comply with the requirements of this Ordinance commits an offence, and, on conviction as provided in this section, shall be liable to a fine not exceeding ten pounds (£10);

(2) Except as provided in subsection (3) of this section, on the hearing of any information laid against any such person under this Ordinance a Judge of the High Court after hearing the evidence shall, if the evidence supports the information, make an order directing the offender to comply with the requirements of section 2 of this Ordinance within a time specified in the Order and shall adjourn the hearing until some day after the time so specified and on such adjourned hearing shall not convict the offender unless he has wilfully to comply with the order made on the first hearing.

(3) If at any hearing of the information it is made to appear to the satisfaction of the Judge that the neglect or omission in respect of which the information is laid was due to the physical incapacity of the offender or any other circumstances beyond the control of the offender, or to the nature of his trade, profession, occupation or calling, it shall be lawful for the Judge to grant to the offender such exemption from the requirements of section 2 or, as the case may be, such extension of time for compliance therewith as having regard to all the circumstances of the case appears just and reasonable.

5. Obstructing Officers of Police - Any person who hinders or obstructs any Officer of Police in the exercise of his powers under this Ordinance commits an offence and shall be liable on conviction to a fine not exceeding five pounds (£5).

6. Repeal - The Planting of Lands Ordinance 1926 (Niue Island Ordinance No.27) is hereby repealed.

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