12
THE NEW ZEALAND GAZETTE.
[No. 1

Making Regulations, fixing Dues, and otherwise with respect
to the Kaipara Harbour and the Wharves therein.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-ninth day of December, 1905.

Present:

THE HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS it is enacted by section two hundred and fifteen of “The Harbours Act, 1878” (hereinafter called “the said Act”), that a Harbour Board shall have power, by by-laws made under the said Act, to do all or any of the things in the said section mentioned within the limits of the harbour, including, amongst other things, power to regulate the use of wharves and other landing-places, and generally regulate the traffic on the same, fix scales of dues, tolls, and charges to be paid for the use of wharves, and fix scales of dues for the storage of goods, and otherwise as mentioned in the said section:

And whereas it is enacted by section twelve of the said Act that in harbours where there is no Harbour Board the Governor in Council shall have all the powers, functions, duties, and authorities by the said Act conferred upon Harbour Boards, and may exercise the same in accordance with the said Act under regulations to be made in the manner provided in section two hundred and twelve:

And whereas there is no Harbour Board in Kaipara Harbour, and it is desirable to make the following regulations with respect to the said harbour and to the wharves and landing-places therein, which are vested in and are under the control of the Hobson County Council:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in 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 with respect to the said harbour and to the wharves and landing-places therein, which are under the control of the said Council.

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REGULATIONS.

1. In these regulations, if not inconsistent with the context,—

“Council” means the Hobson County Council.

“Boat” means and includes any open, decked, or half-decked boat attached to or used in connection with any ship or other vessel lying in or belonging to or visiting the Kaipara Harbour, and also any such boat used for purposes of business or pleasure by residents of the district of Kaipara, in which the means of propulsion are either wholly or manual.

“Master” means and includes the person actually in charge of any vessel whether or not he is certificated.

“Vessel” means and includes every ship of whatsoever size and rig, although the same may not be included in the term “boat.”

“Wharf” has the same meaning as in “The Harbours Act, 1878.”

“Wharfinger” includes every person actually in charge of any wharf for the time being.

WHARVES.

2. (1.) In the absence of any special regulations to the contrary for any stated wharf, the time any vessel shall be permitted to occupy a berth at any quay, jetty, or wharf for the purpose of either loading or discharging cargo shall be not more than—

Two days for vessels under 100 tons register, and one day additional for every further 50 tons of the register burden of the vessel.

(2.) Upon the completion of the loading or discharging of his vessel or upon the termination of the time allowed hereunder, whichever sooner occurs, the master shall forthwith remove his vessel from and vacate the berth occupied by it.

3. (1.) The master of any vessel loading or discharging at any quay, wharf, or jetty shall be deemed accountable for the proper slinging and landing of all goods, and responsible for any damage that may occur either from the breakage of slings or from the goods being improperly slung or improperly handled.

(2.) It shall be the duty of the master to cause proper tarpaulins to be stretched from the wharf to the vessel loading or discharging as aforesaid, and to be there maintained while cargo or ballast is being handled or shipped.

4. (1.) In case any vessel does or causes any damage to any wharf or any part thereof, or to any machinery or building thereon or appertaining thereto, then and in any such case the master of such vessel shall forthwith report the occurrence to the wharfinger by telegraph, or by at once reporting to the wharfinger in person.

(2.) Any damage done or caused as aforesaid may be repaired by the Council, and the cost thereof shall be recoverable by the Council from the master and owner of any such vessel, or either of them, in any Court of competent jurisdiction.

5. All goods landed on any wharf, or brought thereon for shipment, shall be placed as the Harbourmaster, wharfinger, or other authorised person directs, and so as to keep all mooring posts or rings free and all rails or tramways clear.

6. Before any vessel or boat is removed from any wharf the master or other person in charge of the said vessel or boat shall cause all dirt or rubbish to be thoroughly cleared from the portion of the said wharf occupied by such vessel or boat, and to be deposited at such places as may be appointed by the wharfinger or other person in charge.

7. No boat shall be made fast to any steps or landing-place or so near thereto as to obstruct the approach of other vessels, nor shall any boat lie longer alongside than is required for landing passengers.

8. Any person taking a cart or other vehicle on any wharf on which carts, vehicles, or horses are permitted by the wharfinger or person in charge to be taken shall walk at the head of and lead his horse or horses and remain by the same while the vehicle is on the said wharf or jetty; and no person shall ride on any wharf or jetty, but shall dismount and lead his horse.

9. All watermen, stevedores, carters, and other persons employed on any wharf or at any public landing-place shall be under the control of the Harbourmaster, wharfinger, or other person in charge, and shall obey all orders given by such person in charge.

10. No person shall in any way obstruct or impede traffic on any wharf, nor make use of any provoking, abusive, obscene, or other improper language thereon.

11. (1.) No person shall otherwise than as specifically permitted by these regulations obstruct or impede ingress to, or egress from, any wharf by any vessel, boat, or cable, or in any other way.

(2.) If in breach of this clause any person obstructs or impedes ingress or egress as aforesaid, and does not upon being ordered so to do by the wharfinger or other person in charge remove such obstructions, then, irrespective of the penalty to which such person is liable, the officer in charge may remove, cast off, or cut any such obstruction, and may recover the cost of so doing from such person.

12. The wharfinger shall have the power to close the wharves, or any of them, or any portion thereof, whenever, in his opinion, it is advisable to do so, and no person shall enter upon any wharf or portion of the wharf so closed without the consent of the wharfinger.

13. The master of every vessel lying at a wharf shall give way to any mail-steamer whether discharging cargo or passengers, and shall either vacate his berth or assist the master of the mail-steamer to moor alongside his vessel, and allow the passengers and cargo to be shipped and unshipped over and across the deck of his vessel, as the case may require, under such conditions as the wharfinger may impose.

14. The master of every vessel, whether carrying passengers or not, when lying alongside any wharf shall fix, and at all times keep fixed, a safe and proper gangway from such vessel to the wharf; such gangway shall have side rails or stanchions with ropes rove taut through same, the top rail or rope being not less than 3 ft. high, and he shall also keep a gangway-net properly secured beneath the gangway, and shall at all times throughout the night (that is to say, from sunset to sunrise) show and exhibit a proper light fixed at each gangway, and shall conform to and obey all orders the wharfinger may give regarding the position, size, and kind of such gangways and lights.

15. (1.) The master, owner, or agent of every vessel shall produce the certificate of registry of his vessel, and shall give to the wharfinger or other person in charge 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 on to a wharf, and also of all goods shipped from the wharf on to his vessel.

(2.) Such bill of lading, freight-list, manifest, or other account shall contain full particulars of the weights and measurements of such goods according as freight is payable, and the master shall pay to the wharfinger or other person in charge all wharfage charges on such goods according to the scale hereinafter contained.