✨ Provincial Port Regulations




THE NEW ZEALAND GAZETTE. 363

and management of vessels resorting thereto; and,
for the purpose of giving effect to such regulatiens,
to authorise the levying of Harbour Masters' Fees
not exceeding the rate specified in the schedule to
the said Act; and to impose any penalty not ex-
ceeding Twenty Pounds for any one offence against
any provisions thereof. Now, therefore, His Excel-
lency the Governor, with the advice and consent of
the Executive Council of New Zealand, in pursuance
and exercise of the above recited power and authority,
doth hereby make the following Regulations for the
Ports within the Province of Otago:-
And doth order that the same shall come into
operation and take effect from and after the seven-
teenth day of October next.

FORSTER GORING,
Clerk of Executive Council.

GENERAL RULES.

  1. Nothing contained in these Regulations shall
    be deemed to apply to any ship, boat, or gunpowder,
    the property of Her Majesty; nor to any ship of
    war of any foreign nation, nor to any gunpowder in
    charge of the Government of the Colony.

  2. Harbour Masters' Fees may be levied for any
    service performed by a Harbour Master under the
    said Act or under these Regulations, at the rate of
    one penny per ton of the vessel in respect of which
    the service is performed.

  3. All vessels having Mails on board are, on ap-
    proaching the anchorage, to hoist a White Flag at
    the fore-mast-head, and to keep the same flying
    until the Mails are taken out of the vessel.

  4. The Master of every vessel shall anchor or
    moor where the Harbour Master may direct,
    and he shall not unmoor or quit the anchorage until
    notice be given in writing at the Harbour Master's
    office, and any master offending against this regula-
    tion shall forfeit a sum not exceeding Five Pounds.

  5. All vessels must have buoys and buoy ropes to
    their anchors to show their position, and must hoist
    a conspicuous light at their peak end, and keep the
    same burning from sunset to sunrise. Any Master
    offending against this Regulation shall forfeit a sum
    not exceeding Ten Pounds.

  6. All vessels moored or at anchor are to have
    both cables clear, and in readiness to slack away
    when required, and any Master offending against
    this regulation shall forfeit a sum not exceeding Ten
    Pounds.

  7. No boat shall go within fifty yards, nor shall
    any person go on board of any vessel entering any
    port, except those duly authorised by, and such
    reporters for the press as hold a written authority
    from Government; nor shall any person quit the
    vessel so entering any port before the same is pro-
    perly secured at her anchorage, and has been declared
    free by the immigration or other proper officer, under
    a penalty not exceeding Ten Pounds.

  8. All vessels are to unshot their guns before they
    anchor, and no guns or fire-arms, except in self-
    defence, or in cases of distress, or mail steamers
    announcing arrival and departure, are to be dis-
    charged from any vessel or from any boat unless
    permission in writing has been obtained from the
    Harbour Master, and any person who shall offend
    against this regulation (including, as well, any sports-
    man, or any other offender) shall be liable to a penalty
    not exceeding Five Pounds.

  9. All masters or other persons in charge of vessels
    are immediately to strike their top-gallant-yards and
    masts, to have their jib and spanker booms rigged
    close in, and moor or clear hawse when called upon
    by the Harbour Master or other competent authority
    to do so, and are generally to follow such directions
    as the state of the weather, the crowded condition of
    the port or river, or other circumstances may render
    necessary or expedient in the judgment of the
    Harbour Master with a view to the safety and
    interest of the whole shipping.

  10. All masters of vessels exceeding one hundred
    tons burthen lying in the Harbour shall cause a
    sufficient guard or watch to be kept on deck both by
    day and night, of one man if the vessel is under three
    hundred tons, and of two men if over three hundred
    tons burthen; all other descriptions of decked vessels
    must have at least one man on board by day and by
    night, under a penalty not exceeding Five Pounds.

  11. No pitch,tar,resin, or other combustible matter
    shall be lighted or heated on board any vessel or
    boat whilst lying alongside, or near any vessel in the
    Harbour, and any person who shall offend against
    this regulation shall be liable to a penalty not
    exceeding Twenty Pounds.

  12. Any anchor or kedge slipped, parted, or cut
    from, if not weighed within twenty-four hours, may
    be weighed by order of the Harbour Master at the
    risk and expense of the owner, and when no buoy has
    been attached the anchor or kedge shall be forfeited.

  13. No wreck is to be left in any part of the
    Harbour, but must be conveyed on shore above
    high water mark, and any wreck so left, after notice
    given by the Harbour Master for the removal of
    such wreck, may be removed by order of the Harbour
    Master at the risk and expense of the owner, who
    shall be further liable to a penalty not exceeding
    Twenty Pounds.

  14. The owner, or part owner in, or the commander
    of any vessel or boat which has been sunk, stranded,
    or run on shore; or the owner of any baulk of timber
    or other bulky article which is in the water, who does
    not clear the harbour of such vessel or boat, or
    remove such baulk of timber, or other bulky article
    upon being required so to do by notice in writing
    under the hand of the Harbour Master or any Justice
    of the Peace, within such reasonable time as may be
    mentioned for the purpose in such notice, shall for
    every such offence be liable to a penalty not
    exceeding Ten Pounds; and any Justice, upon the
    complaint of the Harbour Master, or any other
    person, may issue his warrant for the clearing of the
    Harbour or removing of such vessel, boat, baulk
    of timber or other bulky article in such manner as
    such Justice shall direct, and for causing such vessel,
    or boat, baulk of timber, or other bulky article, to be
    sold, and out of the money arising from such sale
    may pay the charges of such clearing or removal, as
    the case may be, paying the surplus to the Harbour
    Master to be accounted for by him.

  15. Any person drowning any animal in, or
    throwing a dead animal into, the Harbour, or placing
    any dead animal below high water mark, shall be
    liable to a penalty not exceeding Five Pounds, and to
    an additional penalty of One Pound per day, during
    which any such animal remains in the Harbour, or
    below high water mark, provided that no such
    penalty shall together exceed the sum of Twenty
    Pounds.

  16. It shall be competent at any time for the
    Harbour Master or a person deputed by him, to
    order any ship, lighter, boat or timber to be removed
    from or to any part of the Harbour, whenever such
    removal shall in his opinion, for the general
    accommodation of the shipping, be proper. And any
    person who shall fail to obey such order, or other-
    wise offend against this regulation, shall be liable to
    a penalty not exceeding Ten Pounds.

  17. No vessel, not being a mail steamer, shall be
    unmoored on Sunday from her anchorage, and no work
    is to be done on board any vessel in harbour on



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1864, No 35





✨ LLM interpretation of page content

🏘️ Order in Council Making Regulations for Ports in the Province of Otago (continued from previous page)

🏘️ Provincial & Local Government
2 September 1864
Otago, Port Regulations, Harbour Master, Fees, Penalties, Shipping safety, Anchorage rules
  • FORSTER GORING, Clerk of Executive Council