SEPT. 9.]

THE NEW ZEALAND GAZETTE.

2677

Making General Harbour Regulations.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 30th day of August, 1926.
Present:

His Excellency The Governor-General in Council.

WHEREAS by Order in Council dated the seventh day of May, one thousand nine hundred and nineteen, and published in the New Zealand Gazette No. 62 on the twenty-second day of the same month, certain General Harbour Regulations were made for the purposes therein set forth:

And whereas it is desirable to revoke certain of the said regulations, and to make certain other regulations additional thereto:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by section two hundred and thirty-four of the Harbours Act, 1923, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke Regulations 15 and 16 of the hereinbefore-recited regulations, and doth hereby make the following regulations additional to the said regulations.

REGULATIONS.

1. All chains, wire ropes, and fibre ropes used for working cargo on board a ship, hulk, or lighter shall have been tested. The tensile load and the breaking-load used for the purpose of testing chains shall be those specified in Appendix I, or such tests as are substituted by order of the Marine Department under this section.

Wire ropes shall have been tested to the breaking-loads specified in Appendix II or III. Wire ropes shall have been further tested by twisting the individual wires round themselves at least eight times, then untwisting and straightening them. The wires must stand this test without breaking.

Fibre ropes shall be tested to the breaking-loads specified in Appendix IV.

Any test approved by the Marine Department as a test equal or superior to the tests specified in the said Appendices I, II, III, or IV may be substituted for that test by order of the Marine Department. Chain and rope tested according to the test so approved shall be deemed to be tested in accordance with these regulations, and the test shall be noted on any certificate of the testing delivered under these regulations.

Any reference in these regulations to a tensile or breaking load shall be construed as a reference to the tensile or breaking load used in accordance with this section.

2. A maker of or dealer in chains or ropes shall not sell or contract to sell, nor shall any person purchase or contract to purchase, any chains or rope for working cargo unless it has been previously tested in accordance with these regulations. If any person acts in contravention of this section he shall be guilty of an offence.

3. Every contract for the sale of a chain or rope for working cargo shall, in the absence of an express stipulation to the contrary, be deemed to imply a warranty that the chain or rope has before delivery been tested in accordance with these regulations. The burden of proving the existence of any such express stipulation, and the testing and stamping, shall, in case of dispute, lie on the seller.

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