910
THE NEW ZEALAND GAZETTE.
[No. 31

Regulations regarding Motueka Wharf.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this sixteenth day of April, 1902.

Present:

THE HONOURABLE SIR J. G. WARD PRESIDING IN COUNCIL.

WHEREAS it is amongst other things provided by section six of “The Nelson Harbour Board Amendment Act, 1901,” that the Motueka Wharf Board shall have such powers with respect to the Motueka wharf and its approaches by water as are from time to time conferred upon it by regulations which may from time to time be made by the Governor in Council:

And whereas it is desirable to make such regulations:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the hereinbefore-recited power and authority, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulations:—

REGULATIONS.

1. The “Board” in these regulations means the Motueka Wharf Board. The said Board shall have the powers conferred upon it by these regulations, and shall also have the power of taking such action as may be necessary to enforce the regulations.

2. Masters of vessels lying alongside the wharf shall be responsible for all damage caused to goods lying on such wharf by water used for washing down decks, or for any other purpose upon such vessel.

3. The Board shall not be responsible for the wrong or non-delivery of goods which are erroneously or deficiently marked, or which have old or imperfectly erased marks thereon.

4. All goods in respect of which the Board elect not to supply labour, or which shall not be tallied by the Board, shall not be deemed for any purpose to be in the custody of the Board as wharfingers, nor shall the Board be responsible for their safe keeping, or for any damage or loss that may accrue to the same in any manner whatsoever.

5. All goods landed on the wharf or brought thereon for shipment are to be placed as the wharfinger may direct, and no goods or other articles shall be placed in any shed or on any wharf so as to be an impediment to the approach or an obstacle to the removal of other goods from such shed or wharf, or so as to encumber the mooring-posts.

6. No ballast, timber, coal, produce, or cargo of any description shall be embarked or shipped, disembarked or unshipped, except at such times and places and in such order and mode as may be directed and deemed expedient by the wharfinger for the proper working of the wharf.

7. No ballast, coal, coke, or other fuel shall be deposited on the wharf or in the sheds without special permission from the wharfinger.

8. The Board shall not be responsible for the safe custody of packages containing acids, chemicals, or other dangerous goods.

9. The time allowed to vessels carrying full cargoes to occupy berths at a wharf for the purpose of discharging or loading shall be, exclusive of Sundays, holidays, and the day of removal—

For vessels under 100 tons .. Three days.
" " 150 " .. Four days.
" " 200 " .. Five days.

Vessels taking in ballast shall be allowed one day for every 50 tons of ballast.

10. Cargo landed without the permission of the wharfinger first obtained shall not be deemed to be in the custody of the Board, nor shall the Board be responsible for any loss or damage that may accrue to such cargo by the elements or otherwise.

11. The master, owner, or agent of every vessel shall give to the wharfinger, or other person deputed by the Board, a copy of the bill of lading, freight-list, or manifest of the cargo, or other proper account of all goods intended to be unshipped from the vessel, and the name or names of the owners or consignees to whom all or any of the goods in such vessel are intended to be delivered.

12. Shippers and consignees of all goods shipped from or landed on the wharf shall, before shipping or landing such goods, deliver to the wharfinger a full account of all such goods, stating the respective weights or measurements of the same according as freight is payable thereon.

13. No passenger or goods shall, except with the consent of the Harbourmaster under the next following by-law, be embarked, landed, or shipped, or discharged within the harbour except at wharves or landing-places which may be licensed from time to time by the Board for such purposes.

14. The Harbourmaster may give his consent in writing to any goods being landed or shipped on or from any place or places other than the wharves or landing-places mentioned in the last preceding by-law, upon being convinced that such goods can be more conveniently landed or shipped on or from such place, and upon payment to him by the consignor or consignee of such wharfage dues as would be payable if landed on such wharves or landing-places.

15. All goods of a dangerous or inflammable character shall be removed by the owner, agent, or consignee immediately on being landed; and such owner, agent, or consignee failing to do so shall be responsible for any damage or loss that may accrue from any accident arising therefrom, in addition to being liable to the penalty provided for breach of these regulations; and the Board shall not be responsible for any damage or loss which may accrue to such goods.

16. Vessels arriving with kerosene on board may land it on the wharf for carting to town or for transhipment, provided the same be moved forthwith. In no case will kerosene be allowed to be stored on the wharf.

17. No goods or articles of any description which in the opinion of the wharfinger are likely to occasion damage to the wharf, or shed connected therewith, shall be discharged or landed on the wharf or placed in such shed.

18. Any vegetable or animal matter or goods which are in a state of decay, or which in the opinion of the wharfinger are unfit to remain or harmful to other goods stored on the wharf, may be removed from the wharf at the expense of the owner or consignee.

19. All goods landed on the wharf shall be removed therefrom or stored during working-hours.

20. The wharfinger is empowered to take charge of and store cargo and goods if not removed from any wharf by the consignee within the time limited for that purpose, or cause the same to be delivered to the consignee at his expense and risk.

21. The Board shall not be bound to find storage-room either in the shed or on the wharf when, in the opinion of the wharfinger, no sufficient accommodation is available. After notification to the owners, shippers, or consignees of any goods, or to the vessel’s agent that room is not available, the Board shall not be held responsible for any loss or damage that may accrue to the goods by the elements or otherwise during the time they remain on the wharf.

22. The Board will not be responsible for damage sustained by goods while in their custody by fire, or by water used in extinguishing fire, or by vermin, unless in case of proved negligence.

23. The Harbourmaster or wharfinger shall have power to close the wharf or any portion of it whenever in his opinion it is advisable to do so.

24. No persons shall be allowed on the wharf or in the sheds or buildings used therewith unless they have, in the opinion of the wharfinger, legitimate business thereon,

25. No person shall disobey the orders of the Harbourmaster or of the wharfinger when acting in the due performance of their duty, nor in any way obstruct the traffic on the wharf.

26. Every boatman, stevedore, porter, carter, cabdriver, or other person employed on the wharf shall be under the control and shall obey the orders of the wharfinger.

27. No child of tender years shall be allowed on the wharf unless accompanied by an adult.

28. No person shall scribble upon, cut, scratch, or otherwise deface any part of the wharf, or any shed thereon or connected therewith.

29. All complaints against the wharfinger or any person under his direction must be made in writing to the Chairman of the Board, and a copy of each complaint shall be first furnished to the wharfinger.

30. No person taking any vehicle on the wharf shall allow the same to go at greater than a walking pace.

31. All persons in charge of vehicles, whether for the conveyance of passengers or goods, or otherwise, shall, when on the wharf, be under the control of the wharfinger; and such persons shall, immediately upon being so ordered by the wharfinger, remove such vehicle to any part of the wharf to which he may be directed, or shall, if so desired by the wharfinger, remove such vehicle altogether from the wharf.

32. Any person who accidentally or otherwise damages or destroys any of the Board’s property shall be liable for the cost of repair or renewal thereof.

33. The ordinary business hours upon the wharf shall be from 8 a.m. till 12 noon, and from 1 p.m. to 5 p.m., Sundays and holidays excepted; and on Saturdays from 8 a.m. to 2 p.m.

34. The cost over and above the ordinary cost of day-work of all labour during any hours not being ordinary business hours as above defined shall be paid by the master or owner of the vessel in addition to the usual charges.

35. The following days shall be observed as holidays by the Board and its officers: namely, New Year’s Day, Good Friday, Easter Monday, King’s Birthday, and Christmas Day.