82
THE NEW ZEALAND GAZETTE.
[No. 3

Making Regulations for controlling the Traffic on Lake Rotorua and the Management of Wharves erected therein, and prescribing Dues for the Use thereof.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twelfth day of January, 1906.

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

WHEREAS it is provided by “The Harbours Act, 1878” (hereinafter termed “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, in cases where such powers would be exercised under by-laws to be made by a Board, exercise the same under regulations to be made in the manner provided in section two hundred and twelve of the said Act: And whereas there is no Harbour Board having jurisdiction in Lake Rotorua, which is a harbour within the meaning of that term as defined by the said Act:

And whereas it is desirable to make regulations for controlling the traffic on the said lake and for the management of the wharves erected therein, and to prescribe dues for the use thereof:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in pursuance and exercise of the power and authority conferred upon him by the twelfth section of the said Act, and of all the other powers and authorities enabling him in that behalf, doth hereby make the regulations contained in the Schedule hereto, and doth order that the same shall, on and after the date of this Order in Council, apply to Lake Rotorua and the wharves aforesaid.

SCHEDULE.

REGULATIONS.

1. In these regulations the word “Department” means the Minister having charge of the Department of Tourist and Health Resorts, and any person acting for, by, or under the direction of such Minister; and “vessel” includes steamer, ship, launch, and boat.

2. All vessels plying on the lake shall be under the direction of the Department, and subject to these regulations.

3. Vessels shall not ply for hire, or carry any passengers, cargo, ballast, water, or otherwise, or be employed as a ferry-boat or tug-boat therein, without being licensed by the Department.

4. No person shall ply for hire within the lake, nor use any vessel for the conveyance of passengers, cargo, ballast, water, or otherwise, nor act as master of a ferry-boat or tug-boat therein only, without being licensed by the Department.

5. Applications for licenses must be made in writing, addressed to the Department, and must be accompanied by such certificates as are required by these regulations.

6. Before any license is issued to any vessel she must be inspected by the officer appointed by the Department, who will, upon approval, grant a certificate as to her dimensions, that she is fully equipped with proper gear and in a seaworthy condition, and that she is properly marked, as required by these regulations; also as to the number of passengers, and the quantity of cargo, ballast, water, or otherwise, she may with safety be permitted to carry:

Provided that, in case of steam-vessels, the number of passengers allowed shall in no case exceed the number stated in the certificate of survey granted by the Marine Department.

7. Before any license is issued to a master boatman, waterman, or other person plying for hire as before mentioned, the applicant must prove to the satisfaction of the Department, or some person appointed for the purpose, that he possesses a competent knowledge of the management of his craft, also that he is a person of respectability and free from intemperate habits.

8. Licenses shall be issued by the Department after they have been signed, numbered consecutively, and the particulars thereof entered in a book to be kept for that purpose.

9. Every license for a vessel shall contain the name of such vessel, also of the master and owner thereof, with the address of the latter, and shall specify the number of passengers, or the quantity of cargo, ballast, water, or otherwise, such vessel is licensed to carry.

10. A condition of every such license shall be that the applicant shall keep such vessel fully equipped with proper gear and in a seaworthy condition, and properly marked, as required by these regulations.

11. Every license for a master boatman or waterman shall contain his name and address in full, and there shall be from time to time indorsed thereon by the officer appointed for the purpose the names of the vessels with which he shall ply for hire.

12. The officer appointed by the Department may at any time inspect or measure any vessel plying on the lake, or test the accuracy of any measurement, and may appoint the time, place, and manner when, where, and in which such measurement or inspection shall be made; and, if he finds that these regulations are not duly complied with, he may suspend or cancel the license for any such vessel.

13. The expense of measuring or remeasuring, and of marking, such vessels shall be borne and paid by the owner or owners of such vessels; and if any such expense has been incurred by the Department no license shall be issued until the owner has repaid the same to it.

14. No license under these regulations shall be held to give any right to carry cargo in any vessel until the requirements of the Customs laws and regulations have been duly complied with.

15. No vessel plying within the lake shall carry more passengers, cargo, ballast, water, or otherwise than the number or quantity allowed in the license.

16. Every master boatman or waterman shall carry about with him, and shall produce on demand to any officer of the Department, or to any person by whom he may be employed, his license and the license for the vessel with which he is plying for hire, also a printed copy of the table of fares or other authorised charges.

17. All licenses shall be issued for such periods only as shall expire on the 31st December in any year, but these may be renewed year by year at the discretion of the Department.

18. Applications for renewals of licenses must be sent to the Department on or before the date of expiration.

19. Fees for licenses shall be paid to the Department according to the following scale per annum:—

£ s. d.
Ferry-boat propelled by either steam, gas,
oil, fluid, or electricity .. .. 2 0 0
Steam tug-boat .. .. .. 2 0 0
Cargo-boat .. .. .. 1 0 0
Ballast-boat .. .. .. 1 0 0
Water-tank boat .. .. .. 1 0 0
Waterman’s boat .. .. .. 0 10 0
Vessel otherwise employed for hire .. 1 0 0
Master boatman .. .. .. 1 0 0
Waterman .. .. .. 0 10 0

20. The fares to be charged by watermen shall not exceed those shown in the table of fares, which the Department is hereby authorised to make and to alter from time to time as it deems expedient.

21. Any licensed master boatman or waterman found guilty of dishonest or improper conduct, or of using abusive or insulting language, or of plying with a boat which the Department shall consider to be not fully equipped with proper gear and not in a seaworthy condition, shall be liable to a penalty not exceeding £5 and to have his license cancelled or suspended, at the discretion of the Department.

22. Every boat licensed to carry passengers shall have its name and the name of the owner thereof, or of the waterman plying with it for hire, legibly painted on a board securely fixed in the stern of such boat.

23. Every licensed master boatman or waterman who shall carry in any vessel more passengers or cargo than the vessel has been licensed to carry, and any such master boatman or waterman who shall demand more than the proper fare, or who shall without sufficient reason refuse or neglect to take a passenger in his boat when required, shall be liable to a penalty not exceeding £5.

24. Any licensed master boatman or waterman lending his license to any other person shall be liable to a penalty not exceeding £5.

25. The Department is hereby empowered to take such means and to give such orders and directions as it deems necessary for the purpose of preventing risk or accident, confusion, or overcrowding of boats alongside of vessels; and any person wilfully disobeying any orders so given shall be liable to a penalty not exceeding £5.

26. Any person obstructing or impeding the navigation of the lake, or obstructing any landing-place, by any vessel, cable, warp, or other article, shall be liable to a penalty not exceeding £5; and in case such obstruction or impediment be not removed when ordered by the Department, it may cast off, cut, or remove any such obstruction at the risk and expense of the master or owner thereof.

27. No pitch, tar, resin, or other combustible matter shall be lighted or heated on board of any vessel while lying alongside or near any other vessel or wharf; nor shall any vessel be fumigated or smoked for the extermination of vermin without permission in writing from the Department.