Harbour Regulations and Orders




Mar. 7.] THE NEW ZEALAND GAZETTE. 619

suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

  1. Any person authorized by the Minister may, at all reasonable times, enter upon the said jetties and view the state of repair thereof, and upon such Minister leaving at or posting to the last known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such jetties, requiring the company within a reasonable time, to be therein prescribed, to repair the same, the company shall with all convenient speed cause such defect to be removed or such repairs to be made.

  2. Nothing herein contained shall authorize the company to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs or any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

  3. The master of all vessels discharging ballast at the said jetties shall have all such ballast taken away and deposited above high-water mark or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

  4. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 21st day of February, 1935, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

  5. The said rights, powers, and privileges conferred under or by virtue of this Order in Council may be at any time resumed by the Governor-General without payment of any compensation whatever on giving to the company three calendar months’ previous notice in writing; any such notice shall be sufficient if given by the Minister and delivered at or posted to the last known registered office of the company in New Zealand.

  6. The company shall be liable for any injury which the said jetties may cause any vessel or boat to sustain through any default or neglect on the company’s part.

  7. In case the company shall—
    (1) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2) Cease to use or occupy the said jetties for a period of thirty consecutive days;
    (3) Be in any manner wound up or dissolved; or
    (4) Fail to pay the sums specified in clause 3 of these conditions;
    then, and in any of the said cases, this Order in Council and every right, power, or privilege may be revoked and determined by the Governor-General in Council without any notice to the company or other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the company and to all persons concerned or interested that this Order in Council, and the license, rights, and privileges thereby granted and conferred have been revoked and determined.

  8. In the event of this Order in Council being revoked for any reason whatsoever, or upon the expiry of the period for which the license is granted, the company shall, if required by the Minister so to do, remove the said jetties entirely from the sites and restore the sites to their original condition within three months from the date of the revocation or expiry, as the case may be; and if the company fails so to do, the Minister may cause the said jetties to be removed and the sites so restored and may recover from the company the costs incurred by the said removal and restoration.

C. A. JEFFERY,
Clerk of the Executive Council.

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

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 27th day of February, 1935.

Present:

THE RIGHT HON. G. W. FORBES PRESIDING IN COUNCIL.

WHEREAS it is provided by section nine of the Harbours Act, 1923 (hereinafter termed “the said Act”), that in harbours where there is no Harbour Board the Governor-General 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 by Order in Council gazetted: And whereas there is no Harbour Board having jurisdiction in Lake Taupo, which is a harbour within the meaning of that term as defined by the said Act:

And whereas by section fourteen of the Native Land Amendment and Native Land Claims Adjustment Act, 1926 (hereinafter termed “the special Act”), the power to make regulations thereby conferred is declared to include the power in so far as there may not be a provision for doing so under the Harbours Act, 1923, to license boats and vessels plying for hire over or upon the waters referred to in the said section, with the further powers therein set out:

And whereas regulations for controlling the traffic on the said lake and for the management of the wharves erected therein and prescribing dues for the use thereof were made under the said Act and the special Act on the thirteenth day of December, one thousand nine hundred and twenty-six, the twenty-eighth day of March, one thousand nine hundred and twenty-seven, and the seventeenth day of October, one thousand nine hundred and thirty-two, and published in the Gazette on the sixteenth day of December, one thousand nine hundred and twenty-six, at page 3430, the seventh day of April, one thousand nine hundred and twenty-seven, at page 908, and the twentieth day of October, one thousand nine hundred and thirty-two, at page 2142, respectively:

And whereas it is desirable to revoke all the said regulations and to make others in lieu thereof:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in pursuance and exercise of the power and authority conferred upon him by section nine of the said Act and section fourteen of the special Act, and of all other powers and authorities enabling him in that behalf, doth hereby revoke all the said regulations, and doth hereby make the regulations hereinafter contained, and doth order that the same shall, on and after the first day of April, one thousand nine hundred and thirty-five, apply to Lake Taupo and the wharves aforesaid.

———

REGULATIONS.

  1. (a) In these regulations, where not inconsistent with the context,—

“Department” means the Minister having charge of the Department of Internal Affairs, and any person acting for, by, or under the direction of such Minister:

“Lake” includes Lake Taupo and all other waters referred to in section 14 of the special Act:

“Vessel” includes steamer, ship, launch, and boat:

“Master” or “master boatman” includes any officer, licensed or otherwise, in charge of any vessel:

“Licensed” includes any vessel or master boatman or waterman licensed under these regulations:

“Wharf” means any wharf as defined by the Harbours Act, 1923, and under the control or jurisdiction of the Department.

(b) These regulations may be cited as the Taupo Harbour Regulations, 1935.

  1. All vessels plying on the lake, and all master boatmen in charge of same, shall be under the direction of the Department, and subject to these regulations.

WHARVES, JETTIES, AND MOORINGS.

  1. The Department shall have power to close any wharf or any portion thereof whenever in its opinion it is advisable to do so, and the wharf or portion thereof so closed shall not be used for traffic.

  2. No person shall be allowed on any wharf or in the sheds or buildings used therewith unless he has, in the opinion of the Department, legitimate business thereon.

  3. No person shall disobey the orders of the Department or its officers when acting in the due performance of their duty, or in any way obstruct the traffic on any wharf, pier, jetty, or landing-place, nor make use of abusive or improper language thereon.

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

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

  6. No person shall light or heat pitch, tar, resin, or other combustible matter on any vessel while such vessel is lying alongside or near any other vessel or wharf.

  7. Every master boatman shall on all occasions, when ordered by the Department, do whatever the Department



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🏗️ License for Rotoiti Timber Company to use foreshore for jetties (continued from previous page)

🏗️ Infrastructure & Public Works
27 February 1935
Foreshore license, Jetties, Lake Rotorua, Ngongotaha, Maeroa, Harbours Act
  • C. A. Jeffery, Clerk of the Executive Council

🏗️ Regulations for controlling traffic on Lake Taupo and management of wharves

🏗️ Infrastructure & Public Works
27 February 1935
Harbour regulations, Traffic control, Wharves, Lake Taupo, Harbours Act
  • BLEDISLOE, Governor-General
  • THE RIGHT HON. G. W. FORBES PRESIDING IN COUNCIL