618
THE NEW ZEALAND GAZETTE
No. 26

110. “Owner’s Risk” Goods: Insurance of Goods

Paragraph 1: Omit this paragraph, and substitute the following:

1. Where it is provided that goods will be received, held, carried, delivered, or otherwise dealt with at “owner’s risk”, such goods will, unless a request in writing is made and a receipt obtained and increased charges paid as hereinafter provided, be received, held, carried, delivered, or otherwise dealt with at the sole risk, in every respect whatsoever, of the owner, and will be charged at the rates ordinarily applicable to such goods as provided in this the General Scale of Charges or the Local Rates Scale of Charges, as the case may be. Such goods will, however, be received, held, carried, delivered, or otherwise dealt with at the risk of the Department (subject to the provisions of the Act and regulations made thereunder) if a request in writing that the goods be received, held, carried, delivered, or otherwise dealt with at the risk of the Department be delivered to the Department with the goods, which request shall, in the case of goods consigned, be deemed to be sufficiently made if the consignment-note relating to such goods is endorsed with the words “At Railway Risk” and a receipt for such goods similarly endorsed is obtained at the time of tendering the goods, and in such cases the goods will be received, held, carried, delivered, or otherwise dealt with at the risk of the Department (subject as aforesaid) and the charges computed as provided in this the General Scale of Charges or in the Local Rates Scale of Charges, as the case may be, for such goods when received for carriage at owner’s risk will be increased by one-sixth: Provided that such goods will not be accepted at the risk of the Department if consigned to a station or siding where there is no Stationmaster (vide regulation 120).

The amount which may be recovered from the Department in respect of goods, whether at owner’s risk or at railway risk, is subject to the provisions of paragraph 2 hereof.

121. Packing of Goods

Omit this regulation, and substitute the following:

121. Packing of Goods

122. Where goods are described as “packed” it is intended that they shall be properly and securely packed in cases, casks, bags, crates, or otherwise, for safe transit by rail in the manner in which such goods are usually packed in the trade. The Department reserves the right to decide whether any goods are packed within the meaning of this regulation.

123. Poisonous, dangerous, or injurious substances may be refused for carriage unless securely packed.

124. The Department may decline to accept broken, damaged, leaky, defective, insecure, insufficient, or improper packages or containers.

125. The Department will not be responsible for any loss of, or damage or delay to any goods caused by or arising out of the absence of packing or caused by or arising out of their being packed in broken, damaged, leaky, defective, insecure, insufficient, or improper packages or containers, or if articles liable by breakage or leakage to damage one another are packed in the same package.

126. Miscellaneous

Paragraph 3, subparagraph (b): After the word “handling” in the second line, add the word “cravage”.

Paragraph 5: Add new subparagraph:

(c) Where goods for delivery to different consignees or destinations are delivered to the Department, from any vessel at any wharf at which the Department does not provide labour and facilities for the sorting of goods, in such a condition that the goods require to be sorted before delivery to the various consignees or destinations can be effected, such goods will be carried to the nearest station or place at which the Department provides labour and facilities for the sorting of cargo, will be there sorted, and carried thence to destination. In addition to any other charges which may be payable in respect of such goods, there shall be payable charges for the carriage of such goods by rail from the wharf at which they are received to destination via the station or place at which the goods are sorted.

Paragraph 9: Omit this paragraph, and substitute the following:

9. Damage to Wagons and Goods.—Consignors shall make good all damage to wagons, tarpaulins, or goods caused by or arising out of the absence of packing or out of consignments being tendered for transit in broken, damaged, leaky, defective, insecure, or improper packages or containers.

10. Charges on Ships’ Goods

Paragraph 2, subparagraph (b): Omit from this subparagraph the words “or half-measurement”.