THE NEW ZEALAND GAZETTE

No. 40

GENERAL

6. Cartage—Where cartage, collection, or delivery is undertaken by the Department, either itself or by a contractor for the purpose, the following shall be the maximum weight or measurement of any package that will be carried by the Department:

   (a) In the case of cartage by a contractor or in any case whether otherwise specified than in the next following subparagraph, as may be specified in the contract or in such other specifications:

   (b) In all other cases, 10 cwt. by weight or 60 cubic feet by measurement.

   Any package exceeding the maximum weight or measurement as specified in this paragraph will be carried by the Department only at its option and under special agreement which may provide, inter alia, for special rates of charges for such cartage.

7. Perishable Goods—Fruit, vegetables, fish, meat, and other goods which become, while still in the custody of the Department, offensive through putrefaction or other cause may be buried or otherwise disposed of by the Department without prejudice to the right of the Department to recover railage or other charges that may be payable thereon, and any such goods so dealt with shall be deemed to have been duly delivered to the consignee.

8. Liability—The Department will not be responsible for any loss of or damage or delay to any goods in any of the following cases:

   (a) If a consignment note properly filled in and signed by or on behalf of the consignor is not delivered to the railway employee (or agent) receiving the goods on behalf of the Department with the goods;

   (b) If a written receipt signed by a railway employee (or agent) receiving the goods on behalf of the Department is not obtained by the person delivering the goods;

   (c) If the goods are wrongly or insufficiently described in the consignment note or are not properly or sufficiently addressed or marked;

   (d) If the goods are put into packages described as “Empties”;

   (e) If the loss or damage arises from act of God, civil commotions, act of war or of the Queen’s enemies, orders or restrictions imposed by the Government or any Department thereof (other than the Railways Department), the inherent defect, quality, or vice of the thing carried, riots, strikes, lockouts, or labour disturbances (whether of railway employees or of other persons), seizure under legal process or casualty (including fire and explosion);

   (f) Unless the claim for such loss or damage be lodged in writing with the Department within seven days after the date of delivery, or in the case of non-delivery within fourteen days after the date the goods were handed to the Department;

   (g) If the loss or damage arises from any act or omission of the consignor.

9. Damage to Wagons, etc.—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. Wagon Supply—Notices for the supply of wagons given by persons intending to consign goods or livestock will be accepted for fulfilment conditionally only upon its being found convenient to the Department to supply the wagons upon the due date. The Department will not be responsible for any loss or damage arising through failure from any cause to have wagons available by any particular date or train.

11. Holidays—Except where inconsistent with the context or otherwise specially provided, the following days shall be public holidays, namely:

    (a) New Year’s Day,
    Good Friday,
    Easter Monday,
    Anzac Day,
    Sovereign’s Birthday,
    Labour Day,
    Christmas Day,
    Boxing Day.

    (As to each provincial district) the day recognised in such district as Anniversary Day.

    (b) Any day declared by the General Manager to be a public holiday and publicly notified as such.

12. Cranes and Loading Banks Used for Other Than Rail-borne Goods

    (1) The following charges will be made for the use of the Department’s loading banks and cranes when used for handling goods or livestock other than those which have been received, or are to be despatched, by rail: