1520 THE NEW ZEALAND GAZETTE. [No. 43

Regulations fixing Dues and otherwise with respect to the Coro-
mandel County Council Wharves at Coromandel, Mercury
Bay, Colville (Cabbage) Bay, and Port Charles.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 24th day
of May, 1922.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING
IN COUNCIL.

WHEREAS it is enacted by section two hundred and
seven of the Harbours Act, 1908 (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 nine of the said
Act that in harbours where there is no Harbour Board the
Governor-General in Council shall have all the powers, func-
tions, 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 seven:

And whereas there is no Harbour Board in Coromandel
Harbour, Mercury Bay, Colville Bay, and Port Charles, and
it is desirable to make the following regulations with respect
to the said harbours and to the wharves and landing-places
therein which are under the control of the Coromandel County
Council:

Now, therefore, His Excellency the Governor-General of
the Dominion 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
Dominion, doth hereby make the following regulations with
respect to the said harbours, and to the wharves and landing-
places therein which are under the control of the Coromandel
County Council (hereinafter called "the Council").

REGULATIONS.

1. In these regulations, if not inconsistent with the context,—
   "Council" means the Coromandel County Council:
   "Boat" means 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
   Coromandel, Mercury Bay, Colville Bay, and Port
   Charles harbours, and also any such boat used for
   the purposes of business or pleasure by residents of
   the district of Coromandel, in which the means of
   propulsion is either exclusively by oars or partly by
   oars and partly by sails:
   "Master" means and includes the person actually in
   charge of any vessel, whether or not he is certi-
   ficated:
   "Vessel" means and includes every description of launch
   or ship, whether used in navigation or in any way
   kept or used as a hulk or storeship, or for any other
   purpose whatsoever, whether business or pleasure,
   and not coming within the above definition of
   "boat":
   "Wharf" has the same meaning as in the Harbours
   Act, 1908:
   "Wharfinger" includes every person actually in charge
   of any wharf for the time being.

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

3. It shall be the duty of the master to cause proper
   tarpaulins to be stretched from the wharf to the vessel load-
   ing or discharging as aforesaid, and to be there maintained
   while cargo or ballast is being handled or shipped.

4. 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 occur-
   rence to the Wharfinger by telegraph, or by at once reporting
   to the Wharfinger in person, or should there be no Whar-
   finger, then shall he report to the Council in like manner.

5. 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.

6. All goods landed on any wharf, or brought thereon for
   shipment, shall be placed as the Wharfinger or other autho-
   rized person directs, and so as to keep all mooring posts or
   rings free and all rails or tramways clear.

7. 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.

8. 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 re-
   quired for landing passengers.

9. (a.) No person shall drive, take, or work, or cause to
   be driven, taken, or worked, any cart, vehicle, or horse on
   any wharf on which carts, vehicles, or horses are permitted
   by the Wharfinger or person in charge to be taken at other
   than a walking-pace.

(b.) If such cart or vehicle is drawn by one horse, the
person in charge shall walk at the head of and lead the horse,
and no person shall ride on any wharf, but shall dismount
and lead his horse.

(c.) Every person driving or taking any vehicle on any
such wharf shall remain in attendance thereon, so as to have
control of his horse or horses.

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

11. 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.

12. (a.) No person shall, otherwise than as specifically per-
    mitted by these regulations, obstruct or impede ingress to or
    egress from any wharf by any vessel, boat, or cable, or in
    any other way.

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

13. The Wharfinger shall have power, on authority of the
    Chairman of Council, to close the wharves, or any of them
    or any portion thereof, whenever in his opinion it is advis-
    able to do so, and no person shall enter upon any wharf or
    portion of the wharf so closed without the consent of the
    Wharfinger.

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

15. 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
    and 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.

16. The master, owner, or agent of every vessel shall pro-
    duce 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 accounts of the weights and measurements of all goods
    according as freight is payable, intended to be unshipped
    from the vessel on to a wharf, and also of all goods shipped
    from the wharf on to his vessel.

17. Every person, firm, or company who uses any wharf,
    jetty, or landing reserve under the control of the Council,
    and any other wharf that may hereafter come under the
    control of the Council, for landing or shipping any goods,
    shall pay to the Council wharf dues as follows:—