13 SEPTEMBER
THE NEW ZEALAND GAZETTE
1909

3. The department will not be responsible for any loss of or damage or delay to any goods or for any loss or delay to any person caused by the non-fulfilment of any road motor, shipping, or other service not managed and controlled by the department. In the event of the failure or refusal of any such service to accept any goods from the department such goods will either be held by the department at the sole risk in every respect of the owner or delivered to the direction of the owner, subject in every case to the payment of the charges for carriage already performed, and also of any charges and expenses for the custody, care, and maintenance of the goods, or incurred in the fulfilment of the direction of the owner.

116. Special Rate of Charges for Understatements

1. Where in any consignment note, waybill, or other document required to be delivered in respect of any goods delivered upon a railway there is any understatement of the quantity, weight, measurement, or value of the goods, or any misdescription of their nature, which, if undetected, might lead to their being charged for at less than the proper rate; then in lieu of charges at the ordinary rate, and whether the understatement or misdescription is wilful or not, there shall be payable in respect of all the goods referred to in such document double the ordinary rate of charges on the whole consignment, and these charges shall be payable irrespective of any fine that may be incurred under subsection (1) of section 25 of the Government Railways Act 1949.

117. Fractional Parts of Cents, Hundredweights, and Miles

1. Except where otherwise provided, in computing passenger fares, and freight and charges on luggage, parcels, etc., goods, livestock traffic, wharfage, and berthage, fractions of 1c less than a ¼c in the final result will be omitted; ¼c or more in the final result will be taken as 1c.

2. Where rates or charges are prescribed to be increased or decreased and a fraction of 1c occurs in the rate as so increased or decreased, such fraction shall if less than ½c be omitted, and if ½c or over shall be taken as 1c.

3. Weights of less than 1cwt will be taken as follows for the purpose of computing charges at tonnage rates:

   Under ¼ cwt as .. ¼ cwt
   Over ¼ cwt, but not over ½ cwt as .. ½ cwt
   Over ½ cwt, but not over ¾ cwt as .. ¾ cwt
   Over ¾ cwt, but not over 1 cwt as .. 1 cwt

4. In computing rates and charges odd fractions of a mile amounting to 5 chains and over will be taken as an additional mile; less than 5 chains will be omitted.

118. Charges Collected on Behalf of Clubs, Consignors, etc.

1. Except where a special arrangement is entered into, a commission of 5 percent will be charged on all amounts collected by the department on behalf of express companies and forwarding agents, motor and steamship companies, picnic parties, racing or sports clubs, or any other persons or bodies. Minimum charge of 10c.

2. When notice of charges to be collected from a consignee of goods on behalf of the consignor of such goods is given to and accepted by the department such acceptance shall in every case be expressly subject to the condition that though the department will use reasonable care for the collection of such amounts before the goods are delivered up by the department to the consignee, the department gives no guarantee that such charges will be collected by it. In particular every person desiring the department to collect charges on his behalf shall be deemed to have agreed to be bound by all the rules and practice of the department in connection with the collection of moneys, either in respect of the granting of credit accounts or otherwise.

119. Charge for Diversion of Wagons While in Transit

A diversion charge of $1.20 for each four-wheeled wagon with a minimum charge of $2.40 per consignment will be made where the destination of wagon loads of goods or livestock is altered by the consignor or consignee while the wagon is in transit.

120. Traffic to or from Stations or Sidings Where There is no Stationmaster

1. Goods tendered for transport from or to a station or siding where there is no Stationmaster in charge will be accepted for transport and will be left at the station or siding only at the risk of the owner, who will be responsible for loading or unloading the goods. Such goods will not be accepted at railway risk, nor insured, under the provisions of section 110.

2. Freight on goods consigned to a station or a siding where there is no Stationmaster in charge must be prepaid unless the consignee has a ledger account with the department.

3. Explosive goods will not be accepted at, or delivered to, a station or a siding where there is no Stationmaster in charge unless by special arrangement with the department.

121. Packing of Goods

1. 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 section.

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

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

4. 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.