Golden Bay County Foreshore Licence Order 1960

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Golden Bay County Foreshore Licence Order 1960

(SR 1960/69)

H E Barrowclough, Administrator of the Government

Order in Council

At the Government House at Wellington this 25th day of May 1960

Present:
His Excellency the Administrator of the Government in Council


Note

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

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

This order is administered by the Ministry of Transport.


Pursuant to the Harbours Act 1950, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

Order

1
  • This order may be cited as the Golden Bay County Foreshore Licence Order 1960.

2
  • In this order, unless the context otherwise requires,—

    Council means the Golden Bay County Council; and includes its successors and assigns

    day means a day computed from midnight to midnight

    harbour means the Harbour of Waitapu or the Harbour of Collingwood, as the case may be

    master means the person for the time being in charge of any vessel, whether or not he is certificated

    vessel includes every description of launch or ship, whether used in navigation or in any way kept or used as a hulk or storeship or for any other purpose whatsoever, whether business or pleasure

    wharf has the same meaning as in the Harbours Act 1950; and the said wharves means the wharves referred to in clause 3

    wharfinger includes every person who is for the time being in charge of any wharf.

Part 1
Foreshore licence

3
  • (1) The management of the wharf at Waitapu is hereby vested in the Council, and the Council is hereby licensed and permitted to use the foreshore on which the said wharf is erected, for the purpose of managing and using the said wharf.

    (2) The Council is hereby licensed and permitted to use and occupy a part of the foreshore in the Aorere River, Collingwood Harbour, as shown on plans marked MD 9097 and 9276 and deposited in the office of the Marine Department at Wellington, for the purpose of maintaining thereon a wharf as shown on the said plans.

4
  • The licence granted under clause 3 shall be subject to the following conditions:

    • (b) the annual sum payable by the Council in respect of the licence shall be 1s., payable on demand:

    • (c) the term of the licence shall be 14 years from 10 March 1958.

Part 2
Regulations as to use of harbours and wharves

5
  • The master of every vessel, upon the completion of the loading or discharge of his vessel at either of the said wharves, shall at once remove his vessel and vacate the berth occupied by the vessel unless he has received permission from the wharfinger to delay that removal.

6
  • The master of any vessel lying alongside either of the said wharves shall be responsible for all damage caused to goods lying on the wharf by water used for washing down the decks or for any other purpose upon that vessel.

7
  • The Council shall not be responsible for the wrong delivery or non-delivery of goods which are erroneously or deficiently marked, or which have old or imperfectly erased marks thereon.

8
  • All goods in respect of which the Council elects not to supply labour, or which are not tallied by the Council, shall be deemed for any purposes not to be in the custody of the Council as wharfinger, nor shall the Council be responsible for their safe keeping or for any damage or loss that may accrue to the goods in any manner whatsoever.

9
  • Any person landing goods on either of the said wharves or bringing goods on to either of the said wharves for shipment shall place the goods as the wharfinger may direct, and no person shall place any goods or other articles in any shed so as to be an impediment to the approach or an obstacle to the removal of other goods from the wharf or shed, or so as to encumber the mooring posts.

10
  • No person shall embark, disembark, ship, or unship any ballast, timber, coal, produce, or cargo of any description except at such times and place and in such order or mode as may be directed and deemed expedient by the wharfinger for the proper working of the wharf.

11
  • No person shall deposit ballast, coal, coke, or other fuel on either of the said wharves or in the sheds without special permission of the wharfinger.

12
  • The Council shall not be responsible for the safe custody of packages containing acids, chemicals, or other dangerous goods.

13
  • The time allowed to masters of vessels carrying full cargoes to occupy berths at either of the said wharves for the purpose of discharging or loading shall be, exclusive of Saturdays, Sundays, holidays, and the day of removal,—

    For vessels under 100 tons 3 days
    For vessels of 100 tons and over but under 150 tons 4 days
    For vessels of 150 tons and over but under 200 tons 5 days
14
  • The master of a vessel taking in ballast shall be allowed 1 day for every 50 tons of ballast loaded, unless special permission is obtained from the Council for the master to remain longer.

15
  • Cargo landed without the permission of the wharfinger first obtained shall be deemed not to be in the custody of the Council, nor shall the Council be responsible for any loss or damage that may accrue to the cargo by the elements or otherwise.

16
  • The master, owner, or agent of every vessel shall give to the wharfinger, or other person deputed by the Council, a copy of the bill of lading, freight list, or manifest of cargo, or other proper account of all goods intended to be shipped on board or unshipped from the vessel, and the name or names of the owners, consignors, or consignees by whom any such goods are shipped or unshipped by that vessel, and from whom the goods are received or are intended to be delivered.

17
  • Shippers and consignees of all goods shipped from or landed on either of the said wharves shall, before shipping or landing the goods, deliver to the wharfinger a full account of all such goods, stating the respective weights or measurements of the same accordingly as freight is payable thereon.

18
  • It shall not be lawful, without the consent of the County Clerk in writing first had and obtained, for any person to ship, unship, or land any goods into or out of or from any vessel within the harbour, except at either of the said wharves or at wharves or landing places which may be appointed from time to time by the Council for that purpose.

19
  • Tame cattle may be landed on or shipped from either of the said wharves subject to the approval of the wharfinger, who shall fix the time at which the cattle must be shipped or landed. Other cattle may be landed on or shipped at such times and places as the wharfinger may from time to time direct.

20
  • All goods of a dangerous and inflammable character landed on either of the said wharves shall be removed by the owner, agent, or consignee immediately on being landed, and the owner, agent, or consignee failing to do so shall be responsible for any damage or loss that may accrue from any accident arising therefrom, in addition to being liable to the penalty provided for breach of the regulations, and the Council shall not be responsible for any damage or loss which may accrue to the goods.

21
  • The master of every vessel arriving in the harbour with kerosene or other material of an inflammable nature on board may land the inflammable goods on the wharf or for transhipment provided the inflammable goods are removed forthwith. In no case may any person store the goods on the wharf.

22
  • No person shall discharge or land on either of the said wharves or place in any shed any goods or articles of any description which, in the opinion of the wharfinger, are likely to occasion damage to the wharf or shed connected therewith.

23
  • Any vegetable or animal matter or goods which are in a state of decay or which, in the opinion of the wharfinger, are unfit to remain on either of the said wharves, or are harmful to other goods stored on the wharf, may be removed from the wharf at the expense of the owner or consignees.

24
  • (1) Any person landing goods, other than perishable products, on either of the said wharves shall remove the goods therefrom or store them during the business hours of the Council.

    (2) With the consent of the wharfinger, perishable products may be placed upon either of the said wharves before or after the business hours of the Council at the risk of the consignees, but the Council shall not be responsible in any way for the safety of the perishable products.

25
  • The wharfinger may take charge of and store cargo and goods if not removed from either of the said wharves by the consignee within the time allotted for the purpose, or cause the same to be delivered to the consignee at his risk and expense.

26
  • The Council shall not be bound to find storage room either in the shed or on either of the said wharves when, in the opinion of the wharfinger, no sufficient accommodation is available. After notification to the owners, shippers, or consignees of any goods or to the vessel's agent that room is not available, the Council shall not be held responsible for any loss or damage that may accrue to the goods by the elements or otherwise during the time the goods may remain on the wharf.

27
  • The Council shall not be responsible for any damage sustained by goods while in its custody by fire or by water used in extinguishing fire, or by vermin, unless in case of proved negligence on the part of the Council or its servants.

28
  • No person shall be allowed on either of the said wharves or in the sheds or buildings used therewith unless he has, in the opinion of the wharfinger, legitimate business thereon.

29
  • The wharfinger shall have the power to close either of the said wharves or any portion thereof whenever in his opinion it is advisable to do so.

30
  • No person shall disobey the orders of the wharfinger when acting in the due performance of his duty, nor in any way obstruct the traffic on either of the said wharves.

31
  • Every boatman, stevedore, porter, carter, cab driver, motor driver, or any person employed on either of the said wharves shall be under the control and shall obey the orders of the wharfinger.

32
  • No child under 10 years of age shall be allowed on either of the said wharves unless accompanied by an adult, or unless he is embarking or landing as a passenger on or from any vessel.

33
  • No person shall scribble upon, cut, scratch, or otherwise deface any part of either of the said wharves or any shed thereon or connected therewith.

34
  • All complaints against the wharfinger or any person under his direction must be made in writing to the Chairman of the Council and a copy of each complaint shall first be furnished to the wharfinger.

35
  • No person taking a vehicle on either of the said wharves shall allow the vehicle to be driven at greater than a walking pace.

36
  • The person in charge of a vehicle, whether for the conveyance of passengers or goods or otherwise, shall, when on either of the said wharves or its approaches, be under the control of the wharfinger; and shall immediately upon being so ordered by the wharfinger remove the vehicle to any part of the wharf or its approaches to which he may be directed, or shall, if so desired by the wharfinger, remove the vehicle altogether from the wharf, but the wharfinger shall not order such removal without reasonable cause.

37
  • Any person who, whether accidentally or otherwise, damages or destroys either of the said wharves or any shed or equipment thereon or any property of the Council thereon shall be liable for the cost of the repair or renewal thereof.

38
  • The ordinary business hours of the Council upon each of the said wharves shall be from 8 am to 12 noon and from 1 pm to 5 pm, Mondays to Fridays inclusive. Saturdays, Sundays, and holidays are excepted.

39
  • The cost over and above the ordinary cost of day work of all labour, including the wharfinger, during any hours not being ordinary business hours of the Council as herein defined, shall be paid by the master or owner of the vessel in addition to the usual charge.

40
  • The following days shall be deemed to be holidays for the purpose of this order, namely, New Year's Day, 2nd January, Anniversary Day, Good Friday, Easter Monday, Anzac Day, Sovereign's birthday, Labour Day, Christmas Day, and Boxing Day.

41
  • Consignees shall be liable for all wharfage and other charges on all inward cargo, and shippers shall be liable for all wharfage and other charges on all outward cargo. All charges shall be paid to the Council at the time of receiving and shipping.

42
  • The Council shall appoint the wharfinger and all other persons necessary for the working of each of the said wharves.

43
  • Every person commits an offence, and is liable on conviction to a fine not exceeding £20, who does any act in contravention of or fails to comply with any provision of this Part.

    Clause 43: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Part 3
Dues and rates

44
  • The dues and rates prescribed in the Schedule shall be taken by the Council for the use of either of the said wharves.

Part 4
Revocations

45
  • The following enactments are hereby revoked:

    • (a) Order in Council made on 4 October 1950 (Gazette, 12 October 1950, p 1836) vesting the management of the wharf at Waitapu in the Waitapu Harbour Board:

    • (b) Order in Council made on 7 November 1951 (Gazette, 15 November 1951, p 1697) granting a foreshore licence to the Collingwood Harbour Board:

    • (c) the Golden Bay Foreshore Licence Notice 1958 (SR 1958/39).


Schedule
Dues and rates

cl 44

Wharfage  s.d.
Bicycles, without passenger, each  06
Bricks, per 100  10
Bricks, per 1 000 after 1 week, for every week or part of a week 26
Cattle, single one, each  20
Cattle, more than 1, each  16
Chaff, per 24 sacks  26
Cheese, per ton  30
Coal, per ton  10
Coke, per 10 sacks  10
Flax, green, per ton  06
Flour, grain, and general produce, per ton  26
Hops and flax, per bale  10
Horses, single one  26
Motorcar, two-seater, each  36
Other motorcars, each  50
Motorcycle, with or without passenger, each 20
Pigs, first 40, each  06
Pigs, any number over 40, each  03
Posts and rails, per 100  16
Sheep, rams, each  06
Sheep, first 40, each  03
Sheep, any number over 40, each  0
Tanks, 400 gallons, empty, each  26
Timber, sawn, per 100 ft with right to remain on wharf 2 weeks 06
Timber, sawn, per 1 000 ft after first 2 weeks, for every week or part of a week 16
Vehicles (not being motorcars or motorcycles) four-wheels, each 36
Vehicles (not being motorcars or motorcycles) two-wheels, each 20
Wool and tow, per bale 10
All goods not specified, up to 5 cubic feet 06
All goods not specified, over 5 cubic feet and up to half ton 13
All goods not specified, over half ton and up to 1 ton 26
Empties, returned, 5 cubic feet to half ton 06
Empties, returned, half ton to 1 ton 10
Storage

Every person who uses the shed on either of the said wharves for storing goods therein shall pay to the Council dues in respect of that storage, according to the following scale:

Inwards  s.d.
All goods, first 24 hours  Free
All goods over 24 hours, per week or part of a week, up to quarter ton 03
All goods over 24 hours, per week or part of a week, from quarter ton to half ton 06
All goods over 24 hours, per week or part of week, from half ton to 1 ton 10
All goods over 1 ton, per ton  10
Outwards  s.d.
Flax, wool, and hops, first 48 hours Free
Flax, wool, and hops, over 48 hours, per week or part of week, per bale 10
All other goods, over 48 hours, per week or part of week, up to quarter ton 03
All other goods, over 48 hours, per week or part of week, from quarter ton to half ton 06
All other goods, over 48 hours, per week or part of week, from half ton to 1 ton 10
Passengers' luggage shall be charged the inwards or outwards storage scale after 24 hours.   
Weighing

A charge of 1s. per ton (with a minimum charge of 6d.) shall be payable to the Council by persons for the weighing of goods, if the weighing of the goods is done or performed by the Council.

Outwards, per ton (with a minimum of 6d.) 10
Cranage

Every person using a crane on either of the said wharves shall pay to the Council for the use of the crane the following scale of charges:

   s.d.
For the use of the crane on the wharf, for the first ton or part thereof, per ton 13
For the use of the crane on the wharf, for every ton after the first ton, per ton 10
Berthage

The master of every vessel occupying a berth at either of the said wharves, whether directly alongside the wharf or outside 1 or more vessels directly alongside the wharf, shall, subject to the following exceptions, pay berthage rates as follows:

 £.s.d.
Vessels not otherwise specified, per working day per ton or part of a ton net register001
Minimum charge per day050
Berthage on trading launches, minimum charge—   
Per day026
Per quarter200

The payment of a berthage rate shall not be deemed to give the master of a vessel the right to keep the vessel at a wharf.

No berthage rates shall be charged the master of a vessel for Saturdays, Sundays, or for holidays observed by the Council:

provided that, if the master of a vessel works cargo or embarks or discharges passengers on a Saturday, Sunday, or holiday, the master or owner of the vessel shall pay the ordinary berthage rates.

  • Schedule: amended, on 2 April 1962, by clause 2 of the Golden Bay County Foreshore Licence Order 1960, Amendment No 1 (SR 1962/35).

T J Sherrard,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 26 May 1960.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Golden Bay County Foreshore Licence Order 1960. The reprint incorporates all the amendments to the order as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Criminal Procedure Act 2011 (2011 No 81): section 413

    Golden Bay County Foreshore Licence Order 1960, Amendment No 1 (SR 1962/35)