β¨ Shipping Certificate Regulations
396
THE NEW ZEALAND GAZETTE.
said, the provisions therein contained shall, from a
date to be mentioned for the purpose in such Order,
take effect as if they had been contained in the Act,
and that it shall be lawful for Her Majesty in Council
to revoke any Order made as aforesaid:
And whereas the Legislature of the British Posses-
sion of New Zealand have provided for the examina-
tion of and grant of Certificates of Competency for
foreign-going ships to persons intending to act as
masters, mates, or engineers on board British ships,
which certificates are hereinafter denominated "Colo-
nial Certificates of Competency," and the Board of
Trade have reported to Her Majesty that they are
satisfied that the said examinations are so conducted
as to be equally efficient as the examinations for the
same purpose in the United Kingdom under the Acts
relating to Merchant Shipping, and that the certifi-
cates are granted on such principles as to show the
like qualifications and competency as those granted
under the said Acts, and are liable to be forfeited for
the like reasons and in the like manner:
And whereas Her Majesty, by Order in Council
dated the 9th day of August, 1872, has been pleased
to declare that (subject to certain conditions and
regulations therein contained) the said Colonial
Certificates of Competency granted by the Governor
for the time being of the said Possession of New
Zealand shall be of the same force as if they had been
granted under the said Acts relating to Merchant
Shipping: And whereas by the condition or regula-
tion numbered 5, contained in the said recited Order
in Council, it is provided that such Colonial Certifi-
cates of Competency shall be granted only to persons
who have been domiciled in the Possession of New
Zealand, or who have served in ships registered
therein, for a period of or for periods amounting to
at least three years immediately preceding their
application for such Colonial Certificates, and that
Certificates of Competency granted contrary to this
regulation shall be regarded as improperly granted:
And whereas it has been represented to Her
Majesty in Council that the provisions of the said
fifth condition or regulation in the said recited Order
in Council of the 9th day of August, 1872, should be
modified and amended so as to admit of domicile in
or service in ships registered in any of the following
Australasian colonies, viz., the colonies on the
Continent of Australia, and New Zealand, and Tas-
mania, forming part of the three years' domicile
required under the said condition or regulation:
And whereas it has been made to appear to Her
Majesty that such modification and amendment are
expedient, and that the said recited Order in Council
should be revoked, and a new Order in Council,
modified and amended in manner aforesaid, substi-
tuted in lieu thereof:
Now, therefore, Her Majesty, by and with the
advice and consent of Her Privy Council, doth hereby
direct that from and after the the 1st day of April,
1876, the said recited Order in Council of the 9th day
of August, 1872, shall be and the same is hereby
revoked; provided, however, that the revocation of
the said Order in Council shall not affect or invalidate
any Colonial Certificate of Competency granted
thereunder prior to the said 1st day of April, 1876,
and subsisting at that date.
And Her Majesty is further pleased,β
(1.) To declare that the said Colonial Certificates
of Competency granted by the Governor for the
time being of the said Possession of New Zealand
shall be of the same force as if they had been granted
under the said Acts.
(2.) To declare that all the provisions of the said
Acts which relate to Certificates of Competency for
the Foreign Trade granted under those Acts, except
so much of the 139th section of "The Merchant
Shipping Act, 1854," and the 10th section of "The
Merchant Shipping Act Amendment Act, 1862," as
requires the delivery by the Board of Trade to any
master, mate, or engineer of a copy of any certificate
to which he appears to be entitled as therein
mentioned, so much of the third paragraph of the
23rd section of the said last-mentioned Act as
requires, at the conclusion of a case relating to the
cancelling or suspending of a certificate, such certifi-
cate, if cancelled or suspended, to be forwarded to
the Board of Trade, and the whole of the provisions
of the the fourth paragraph of the same section shall
apply to such Colonial Certificates of Competency;
provided, however, that the foregoing exceptions shall
not interfere with or suspend the operation of an Act
of the Legislature of New Zealand intituled "The
Merchant Shipping Acts Adoption Act, 1869," (32
and 33 Vict., No 5.)
(3.) To impose and make the conditions and
regulations following, numbered 1 to 10 respectively,
with respect to the said Colonial Certificates of
Competency, and to the use, issue, delivery, cancella-
tion, and suspension thereof, and to impose for the
breach of such conditions and regulations the
penalties therein mentioned.
Form of Certificate.
- Every such Colonial Certificate of Competency
shall be on parchment, and as nearly as possible
similar in shape and form to the Corresponding
Certificate of Competency for Foreign Trade, granted
by the Board of Trade under the Acts relating to
Merchant Shipping.
Name of Possession to be inserted.
2. Every such Colonial Certificate of Competency
shall have the name of the said Possession of New
Zealand inserted prominently on its face and back.
Certificates to be numbered consecutively.
3. Such Colonial Certificates of Competency shall
be numbered in consecutive order.
Lists of Certificates granted, cancelled, &c., to be sent
to Registrar-General of seamen.
4. The Government of the said possession shall
furnish the Registrar-General of Seamen in London
from time to time with accurate lists of all such
Colonial Certificates of Competency as may be
granted by the Governor for the time being of the
said possession as aforesaid, or as may, for any cause
whatsoever, be cancelled, suspended, renewed, or
re-issued.
Three years' domicile or service necessary.
5. Such Colonial Certificates of Competency shall
be granted only to any person who for a period
of three years immediately preceding his application
for such colonial certificate, or for several periods
amounting together to three years, the earliest of
which shall have commenced within five years prior
to such application, has been domiciled in, or has
served in a ship or ships registered in one or more of
the following Australasian colonies, viz., the colonies
on the Continent of Australia, and New Zealand, and
Tasmania.
Certificates of Competency granted contrary to this
regulation shall be regarded as improperly granted.
Certificates not to be granted when former are
cancelled.
6. Such Colonial Certificates of Competency shall
not be granted to any person who may have had a
certificate, whether granted by the Board of Trade
or by the Government of a British possession, can-
celled or suspended under the provisions of the said
Acts or of any Act for the time being in force in any
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β¨ LLM interpretation of page content
ποΈ
Revocation of 1872 Order and New Conditions for Colonial Certificates
(continued from previous page)
ποΈ Governance & Central AdministrationOrder in Council, Merchant Shipping, Certificates of Competency, Colonial Certificates, Domicile, Revocation, Privy Council
NZ Gazette 1876, No 32