Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956

  • revoked
  • Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Reprint
as at 20 September 2007

Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956

(SR 1956/220)

  • Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Department of Island Territories.


PURSUANT to the Cook Islands Act 1915, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Title and commencement

1
  • (1) These regulations may be cited as the Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956.

    (2) These regulations shall come into force on the day after the date on which they are publicly notified by the Resident Commissioner of Rarotonga.

Interpretation

2
  • In these regulations, unless the context otherwise requires,—

    Goods includes wares and merchandise of every description and all chattels, livestock, and other articles; but does not include mails or passengers' baggage

    Harbour includes any harbour, whether natural or artificial, and any haven, estuary, lagoon, navigable river, dock, pier, jetty, and work in or at which ships do or can obtain shelter, or ship or unship goods or passengers

    Harbour works includes any works for the improvement, protection, management, or utilisation of a harbour; and in particular, but without limiting the general meaning of the term, includes any basin, graving dock, slip, dock, pier, quay, wharf, jetty, bridge, viaduct, breakwater, embankment, or dam, or any reclamation from the sea or navigable river, or any excavation, deepening, dredging, or widening of any channel, basin, lagoon, or other part of a harbour, whether complete or incomplete, in the sea, or in, on, or near the shore of the sea or of any creek, bay, or arm thereof, or of any navigable river flowing thereinto, and all buildings thereon, and plant and machinery used in connection with any harbour works

    Ton

    • (a) In relation to flour, means two thousand pounds:

    • (b) In relation to coal, coke, manure, sugar, cement, wheat, oats, barley, rice, bran, chaff, bagged vegetables, bagged salt, rope, twine, or freezer cargo, or to any other goods on which freight is charged according to weight, means twenty hundred-weight:

    • (c) In relation to timber, means four hundred and eighty feet superficial measurement:

    • (d) In relation to bricks, means three hundred and twenty bricks:

    • (e) In relation to uncrated bicycles, means four bicycles:

    • (f) In relation to uncrated motor cycles, means two motor cycles:

    • (g) In relation to any other goods, means forty cubic feet measurement.

Rarotonga harbours improvement and maintenance rate

3
  • (1) There shall be paid as a Rarotongan harbours improvement and maintenance rate the sum of two shillings and sixpence a ton or part thereof in respect of—

    • (a) All goods imported into the Island of Rarotonga from any place outside the Cook Islands or from Niue; and

    • (b) All goods exported from the Island of Rarotonga to any place outside the Cook Islands or to Niue.

    (2) The rate shall be paid to the Treasurer of the Cook Islands by the master, owner, charterer, or agent of any vessel from which the goods are landed for import or into which the goods are loaded for export:

    Provided that no such rate shall be payable in respect of goods landed in the Island of Rarotonga from any vessel and re-shipped in the same vessel before it leaves its discharging berth.

    (3) The ship's manifest relating to any such goods may be accepted for the purposes of this as sufficient evidence of the nature and weight or measurement of the goods.

    Regulation 3 was substituted, as from 18 December 1958, by regulation 2 Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956, Amendment No 1 (SR 1958/197).

Rarotonga harbours improvement and maintenance fund

4
  • (1) The Treasurer at Rarotonga shall keep an account of the proceeds of the Rarotonga harbours improvement and maintenance rate imposed under these regulations, and all such proceeds shall be deposited with the Treasurer at Rarotonga and kept in a separate account to be known as the Rarotonga Harbours Improvement and Maintenance Fund.

    (2) A summary of the accounts of the Fund for the preceding twelve months or from the date of the last audit, shall be published by the Resident Commissioner annually, together with a report on the harbour work carried out during the period covered by the accounts.

Administration of fund

5
  • Subject to the provisions of the Cook Islands Act 1915 and of any other Act, the Rarotonga Harbours Improvement and Maintenance Fund shall be administered and applied in accordance with these regulations by the Rarotongan Island Council or as the Rarotonga Island Council determines from time to time.

    Regulation 5 was substituted, as from 2 July 1959, by regulation 2 Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956, Amendment No 2 (SR 1959/106).

Application of fund

6
  • No part of the Rarotonga Harbours Improvement and Maintenance Fund shall be applied to any purpose other than to all or any of the following works for the improvement of the Rarotonga harbours:

    • (a) The erecting or making of any harbour work or constructing or doing of any work or thing that conduces to the safety or convenience of ships or that facilitates the shipping or un-shipping of goods or passengers or is intended to do so; and

    • (b) The maintenance of lights, buoys, beacons, pilot establishments, and signal stations, and the maintenance of any lifeboat or other means of preserving life in case of shipwreck or marine accident.

7
  • These regulations shall bind the Crown.

T J SHERRARD,

Clerk of the Executive Council.

Explanatory Note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations impose a harbours improvement and maintenance rate of 1s a ton on all goods (other than mails or passengers' baggage) imported into Rarotonga from any place outside the Cook Islands or from the Island of Niue. The rate is to be paid into a Rarotonga Harbours Improvement and Maintenance Fund and used only for the construction of harbour works and the maintenance of aids to navigation.


Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 19 December 1956.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956. It incorporates all the amendments to the Rarotonga Harbours Improvement and Maintenance Fund Regulations 1956 as at 20 September 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint
(most recent first)
  • Cook Islands Amendment Act 2007 (2007 No 49): section7(2)