732
THE NEW ZEALAND GAZETTE.
[No. 30

Payment for Loss or Damage to Parcels.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirtieth day of March, one thousand eight hundred and ninety-nine.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by “The Post Office Act 1881 Amendment Act, 1886,” it is enacted that the Governor in Council may from time to time make, alter, and revoke regulations for the purpose, inter alia, of limiting the liability to be incurred by the Postmaster-General or any officer or servant of the Post Office in respect of all or any such parcels, or providing that the Postmaster-General, or such officers or servants as aforesaid, shall be so liable, upon payment by the sender of any parcel of such additional or further rates of postage as may be prescribed:

And whereas it is expedient to provide that the Postmaster-General shall be liable for loss of parcels during their transmission through the post under the conditions and upon payment of the additional rates of postage hereinafter set forth:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon him by “The Post Office Act 1881 Amendment Act, 1886,” and of all other powers and authorities enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby make the rules and regulations and fix the rates of postage for the purposes aforesaid set forth in the Schedule hereto, and doth order and declare that such rules and regulations and such rates of postage shall have effect on and from the tenth day of April, one thousand eight hundred and ninety-nine.

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SCHEDULE.

REGULATIONS.

PAYMENT FOR LOSS OF OR DAMAGE TO PARCELS.

1. The Postmaster-General is not legally liable to make good any claim arising out of the conveyance of a parcel sent by post, but, subject to the following regulations, he will grant compensation up to a limit of £50 for the loss or damage of a parcel posted in the colony for delivery therein, or to any of the countries enumerated in the additional-postage table published below.

2. The fees payable in addition to the ordinary postage to secure compensation will be found in the said table.

3. All such fees must be prepaid by means of postage-stamps, which the sender must affix to the parcel with the stamps in prepayment of the postage.

4. A certificate must be obtained by the sender on posting an insured parcel, which must be produced by him when any claim for compensation arises. No charge will be made for such certificate.

5. No parcel may be insured for a sum in excess of the real value of the contents. An invoice, or description of contents and the value of each article contained in the parcel, must be enclosed therein. Over-insurance is a bar to compensation.

6. Parcels containing any of the following articles are excluded from acceptance under these regulations, viz.: Liquids or semi-liquids, perishable articles such as eggs, butter, fruit, flowers, confectionery, &c., fragile articles such as glassware, &c.

Under no circumstances will compensation be given for the loss or damage to a parcel containing any of the above-mentioned articles.

7. Every parcel intended to be forwarded under these regulations must be carefully and substantially packed, with due regard to the nature of contents and the length of the journey, and must be secured in such a manner as to prevent tampering with it without leaving obvious traces of violation; for instance, seals should be placed over each join or loose flap of the covering of a parcel, and, if string be used in packing, a seal must be placed on the ends of the string where they are tied.

8. All seals on a parcel must be of the same kind of wax or lead, and must bear distinct impressions of the same device; and the device must not consist merely of straight, curved, or crossed lines. Coins must not be used for sealing.

9. Parcels containing watches, jewellery, or any article of gold or silver, must be enclosed in strong boxes or cases, which must be securely fastened in wrappers of linen, canvas, strong paper, or other substantial material. The seals must be placed along the edges of each join or loose flap at distances of not more than 3 in. apart.

10. If a parcel tendered for transmission under these regulations does not, in the opinion of the officer to whom it is tendered, fulfil the foregoing conditions as to packing and fastening, it is his duty to refuse to forward it. The onus of properly packing and fastening the parcel lies upon the sender, and the Postmaster-General assumes no liability for loss or damage arising from defects of packing or fastening which may not be observed at the time of posting.

11. When a parcel posted under these regulations is redirected from one country or colony to another, a fresh fee becomes payable for each such transmission; if this fee be not prepaid, it will be collected before delivery of the parcel. Insured parcels can be redirected to any place within the colony or to any of the countries mentioned in the additional-postage table.

12. In the event of the contents of a parcel being damaged, the parcel should, as far as practicable, be retained in the condition in which it was received from the office of delivery, and be submitted, when required, to the examination of a responsible officer.

13. Compensation for a parcel lost or damaged in the post will not exceed the amount of the actual loss or damage, but no compensation will be paid for a parcel containing any prohibited article, or which has been delivered without external trace of injury and has been accepted, without remark, by the addressee, or when loss or damage arises from flood, tempest, shipwreck, earthquake, war, or other causes beyond control.

14. No application for compensation will be entertained unless made within three months from date of posting if the parcel originated in New Zealand or Australia, and within six months if in any other country. Such application may be made to the postal administration of either country or colony of origin or delivery, but the certificate of posting must be produced when required.

15. The final decision upon all questions of compensation rests with the postal administration of the country or colony in which the loss or damage has taken place.

16. Any insurance effected contrary to the foregoing provisions is invalid.

GENERAL.

17. Where not repugnant to the foregoing regulations, the general regulations relating to parcels apply also to parcels forwarded under these regulations.