The Short Title of this Act shall be “The Lyttelton Harbour Board Act, 1876;” and it shall come into operation on the first day of December, one thousand eight hundred and seventy-six.

In the construction of this Act the following words and expressions shall have the meanings hereby assigned to them, unless there shall be something in the context repugnant thereto:—

The Board shall consist of ten members; of whom the person for the time being holding the office of Mayor of the borough shall ex officio be one, and nine others, of whom seven shall be elected and two appointed, as hereinafter provided.

The seven elective members shall consist of the following persons:—

Two persons elected by the members of the Chamber of Commerce from amongst their own number.

Two persons to be elected by the Selwyn County Council. (3.) Two persons elected by the ratepayers of the city. (4.) One person elected by the ratepayers of the borough

The appointed members shall consist of two persons to be from time to time appointed by the Governor, and whose appointment shall be notified in the Gazette.

On the first Monday in the month of January, one thousand eight hundred and seventy-seven, and on the first Monday in such month in every third year thereafter, there shall be an election of the seven elective members of the Board for the next succeeding three years, at which the retiring elective members shall be eligible for reelection, and such retiring members shall continue in office until the whole of their successors are elected or appointed: Provided that the first election of the two members to be elected by the Selwyn County Council shall be held as soon after the first Monday in the month of January, one thousand eight hundred and seventy-seven, as conveniently may be. The Board shall be deemed to be legally constituted although such first election has not been held, and no act of the Board shall be questioned by reason only of such election not having been held.

Subject to the provisions of this Act the election of any member of the Board by the ratepayers of the city and borough shall be held and conducted in the same manner, and the proceedings shall be the like as to the number of votes to be given, as are now or shall from time to time hereafter be required and provided with, respect to the election of a Mayor for the city and borough respectively.

All such elections shall be held in the manner provided by “The Regulation of Local Elections Act, 1876,” which Act is hereby incorporated with this Act.

The elections of the members of the Board by the Selwyn County Council and by the Chamber of Commerce shall be held in such manner as the County Council and Chamber of Commerce respectively shall think fit.

If any member of the Board shall, by writing addressed to the Chairman of the Board, resign his office of member of the Board, or die, or become of unsound mind, or accept any office of profit under the Board, or become interested either solely or jointly with any other person in any contract with the Board otherwise than as a member of any incorporated or registered company or of any body corporate, or be adjudicated a bankrupt or insolvent, or take the benefit of or be brought under the operation of any Act relating to bankrupt or insolvent debtors, or be absent without leave of the Board from four consecutive meetings thereof, or be convicted of treason felony perjury or any infamous crime, he shall immediately cease to be a member of the Board.

No act of the Board shall be questioned on the ground that the seat of any member of the Board is vacant, or that any supposed member thereof is incapable of being a member.

If the office of any member of a Board shall become vacant from any of the causes last aforesaid, the election or appointment, as the case may be, of a new member shall, as soon as possible, be held or made, and such new member, if elected, shall retain his office so long as the vacating elected member would have retained the same if no vacancy had occurred.

In the event of the electors refusing or neglecting to elect the full number of elective members of the Board required by this Act, or to supply any vacancies in the seats of elective members, it shall be lawful for the Governor to appoint as many members as may be necessary to complete such number or to supply such vacancies, as the case may be.

Certificates under the corporate seals of the city and borough and of the County of Selwyn respectively shall be conclusive evidence of the due election of a member of the Board by the ratepayers of such city and borough and by the Council of the county respectively.

A certificate under the hand of the Chairman of the Chamber of Commerce shall be conclusive evidence of the due election of a member of the Board by the Chamber of Commerce.

The first Board shall hold its first meeting on a day to he appointed by the Governor as soon as conveniently may be after the constitution thereof, for the election of a Chairman.

Every succeeding Board shall hold a similar meeting on the second Tuesday after the election of the members thereof.

At every such meeting the Board, by a majority of the members present, shall elect one of its number to be Chairman, who shall hold office until the election of members of a new Board.

In the event of there being an equality of votes, the election of Chairman shall be decided by lot at such meeting.

At all meetings of the Board the Chairman, or in his absence such member of the Board as the majority of the members assembled shall choose, shall preside, and such Chairman or presiding member shall have a deliberative vote, and in all cases of equality a casting vote also.

If the Chairman shall from any cause cease to be a member of the Board, or resign the office of Chairman, the Board shall, as soon thereafter as conveniently may be, elect another member of the Board to be Chairman in his stead, who shall hold office till the election of his successor.

The Board shall hold an annual meeting, at noon on the first Monday in the month of June in each year, at the office of the Board. They shall also hold ordinary meetings for the transaction of general business, and the ordinary meetings shall be held at the office of the Board, at such stated time as the Board shall from time to time appoint.

The Board shall be a corporate body by the name of “The Lyttelton Harbour Board,” with perpetual succession and a common seal, and with full power and authority by that name to sue and be sued in all Courts whatsoever, and shall be capable in law for the purposes and subject to this Act to do and suffer all such acts and things as bodies corporate may do and suffer, with power to take and hold all such lands tenements or hereditaments as may be in any manner vested in the Board.

The Board may from time to time appoint and employ a Secretary, Treasurer, Wharfinger, Collectors, and all such other officers to assist in the execution of this Act as it shall think proper, and from time to time remove any of such officers, and appoint others in the room of such as shall be so removed, or as may die resign or discontinue their offices, and may out of the Harbour Fund pay such salaries and allowances to the said officers respectively as the Board shall think reasonable.

Before any officer intrusted by the Board with the custody or control of moneys by virtue of his office shall enter upon such office, the Board shall take sufficient security from him for the faithful execution thereof.

No member of the Board shall receive any salary or remuneration other than his actual travelling expenses, and no member of the Board shall, if any salary is attached to such office, be capable of being or continuing Clerk or Treasurer or any other such officer of the Board as in this preceding section mentioned.

One person may hold two or more of any of the offices hereinbefore mentioned.

The Board may from time to time make by-laws for the following purposes:—

Regulating the manner in which and times when meetings shall he called and held.

Appointing the place of meeting and providing for adjournments of meetings.

Fixing the quorum at meetings. No such quorum shall be fixed at less than one-third of the Board.

Regulating the duties of officers.

Generally for regulating the conduct of the business and proceedings of the Board.

Such by-laws shall not be repugnant to the provisions of this Act or any other Act of the General Assembly, and they shall not come into operation until after a copy under the seal of the Board has been sent to, and the receipt thereof has been acknowledged by, the Colonial Secretary.

The Governor may, within six months after receiving the copy of any by-law, disallow the same, and upon such disallowance being published in the Gazette such by-law shall cease to have any force; but such disallowance shall not affect the validity of anything theretofore done under the by-law so disallowed.

The Harbour Fund shall consist of the moneys arising from the following sources:—

Wharfage rates.

Harbour improvement rate.

Rents and profits of land vested in the Board.

Moneys received by way of loan, as provided by this Act.

All other moneys which may be received by or become the property of the Board.

All moneys arising from any of the sources aforesaid shall be paid into an account at such bank as the Board may from time to time determine, such account to be called “The Harbour Fund Account,” and be expended and laid out in the construction maintenance and repair of harbour works within the port as hereinafter mentioned, or for the payment of interest and sinking fund, if any, upon moneys borrowed for the purposes of such works, and generally in the payment of expenses incurred by the Board in carrying out this Act.

The Board may from time to time make alter or revoke regulations providing that a harbour improvement rate not exceeding in any case two shillings per ton, by weight or by measurement, as shall be expressed in such regulations, shall be levied upon all goods and merchandise discharged at or shipped from the port, and in and by such regulations the Board may provide for the manner of levying and collecting such rate, and by whom the same shall be paid, and in what manner the same shall be paid to any authorized officer of the Board.

The Board may by any such regulation impose penalties for any breach thereof, not exceeeding five pounds for any one offence, and every such regulation shall be so framed as to allow the Court before which any such penalty shall be brought to be recovered to order a part only of such penalty to be paid.

No such regulations or any alteration thereof shall have any force or effect unless and until the same shall have been approved by the Governor in Council, and shall have been published in the Gazette and at least one newspaper circulating in the borough.

No goods wares or merchandise shall be permitted to be removed from any warehouse quay or other place where the same may have been stored landed or discharged, until a receipt or other authority be produced from the Board, or by some officer or servant of the Board authorized for that purpose, of the payment or satisfaction of the harbour improvement rate, and all other rates dues and charges lawfully levied by the Board.

The Board shall not levy any rates tolls or dues of any kind in respect of any vessel belonging to or in the service of Her Majesty, or belonging to or in the service of the Government of the colony, or in respect of the landing shipping or wharfing of any goods or merchandise the property of Her Majesty or of the Government of the colony, or landed shipped or wharfed on her or their account.

The Board shall not levy any pilotage tonnage lighthouse or harbour dues in respect of any steamship carrying mails to or from places outside the Colony of New Zealand under any contract made with the Postmaster-General in cases where it is provided by the terms of such contract that such steamship shall be exempt therefrom.

The Board may enter into contracts with any person for the execution of any works permitted or authorized to be done by the Board, or for furnishing materials, or for any other things necessary for the purposes of this Act, and every such contract for the execution of any work shall be in writing, and shall specify the work to be done, and the materials to be furnished, and the price to be paid for the same, and the time or times within which the work is to be completed, and the penalties to be suffered in case of non-performance thereof; and the power hereby granted to the Board to enter into contracts may lawfully be exercised as follows, that is to say,—

No contract the amount whereof exceeds twenty pounds shall be made except after public tender, of which notice shall be given in at least one newspaper circulating in the borough, but the Board shall not be compelled to accept the lowest tender.

The Board may compound with any person for such sum of money or other recompense as it thinks fit in respect of the breach of any contract, or any penalty incurred thereunder, or of any debt due to the Board, whether before or after any action or suit is brought for the recovery of the same.

The Board may let any lands vested in it, or any part thereof, at such rents and profits and upon such terms and conditions as the Board shall determine, so that such leases be for any term not exceeding thirty-five years, to take effect from the time of the execution thereof.

The Board may reclaim from the sea any land which may be or become vested in it, and for such purpose may construct and maintain such works as may be necessary.

The Board may construct such breakwaters embankments walls docks quays wharves piers and jetties, and maintain such dredges and machinery, as shall be by the Board considered to be necessary for the requirements of the port, and do all things necessary for the improvement of the navigation of the port, and also erect such cranes sheds and works for the improvement of the said port as shall be by the Board judged necessary and proper for the safety convenience or reception of vessels resorting to the said port, and for the more convenient loading and unloading of such vessels, or for the safety and protection of any works constructed or proposed to be constructed by the Board.

It shall be lawful for the Governor, or any person whom he may appoint for that purpose, on behalf of Her Majesty, from time to time and at any time hereafter, upon giving one month’s notice in writing to the Board, to enter upon and take possession of such portion of any lands that may hereafter be granted to or vested in the Board under this Act, and that may be required for the erection or construction of any public works or buildings of any kind, or for the purposes of any railway authorized to be constructed under any Act of the General Assembly now or hereafter to be in force.

The Board shall be entitled to receive compensation for any land so taken, but not in any case exceeding the amount which the Board shall have actually laid out upon the said land, either for cost of reclamation or otherwise in permanently improving the same; and the amount of such outlay shall, in case of dispute, be ascertained and settled in the like manner as claims for compensation may be ascertained and settled under any Act for the time being in force for ascertaining and settling claims to compensation for land taken for public purposes.

Upon the giving of such notice as aforesaid, the lands specified therein shall vest absolutely in Her Majesty the Queen, her heirs and successors, freed arid discharged from any trusts upon which the same may be held.

All moneys to be paid by way of reimbursing the Board for such actual outlay as aforesaid shall be paid out of such sum or sums as may from time to time be appropriated for that purpose by the General Assembly.

Nothing herein contained shall be construed to limit or abridge any other right or power that may be vested in Her Majesty or the Governor, or in any other person on behalf of Her said Majesty, of taking lands for all or any of such purposes as hereinbefore mentioned.

All wharves and jetties in the Harbour of Lyttelton now vested in the Superintendent of the Province of Canterbury as the Superintendent of such province, together with all rights and appurtenances thereto, shall vest in the Board upon its constitution as herein provided; but all charges tolls rates and dues leviable upon or in respect of such wharves or jetties at the time of the* coming into operation of this Act, shall continue to be so levied until other provisions shall be made in that behalf by lawful authority.

The Board, for the purposes of the port, shall have and may exercise all the powers and authorities which the Superintendent of the Province of Canterbury had and might have exercised under the thirtieth, thirty-first, and thirty-second sections of. “The Marine Act, 1867:”

Provided that no rates dues and charges such as are mentioned in the thirteenth section of such last-mentioned Act shall be imposed and levied without the consent of the Governor in Council.

All such powers and authorities shall be exercised subject to the provisions of the last-mentioned Act, except that, where any such power or authority is required to be exercised by Proclamation, it shall be sufficient if the Board cause a notification to be inserted in some newspaper circulating in the borough.

All harbour works constructed by the Board, or proposed to be constructed, shall be subject to the provisions of the thirty-third section of “The Marine Act, 1867,” as amended by “The Harbour Works Act, 1874.”

If at any time the Board shall make or construct any such harbour works as hereinbefore mentioned without the approval of the Governor in Council, or shall without such approval deviate from the plans and specifications which shall have been approved, or shall refuse or neglect to complete any such work after having commenced the same, although the specifications and plans thereof have been approved, it shall be lawful for any person appointed by the Governor in Council to take such steps as shall be necessary to abate and remove every such harbour work (whether in the course of construction or completed), and restore the site thereof to its former condition, at the cost of the Board, and the amount of such cost shall be a debt due to the Crown, and recoverable against the Board accordingly.

In case any infant whose lands are taken or injuriously affected has no legal guardian resident in the colony, the word “guardian,” where used in “The Lands Clauses Consolidation Act, 1863,” shall be held to mean the Registrar or Deputy Registrar of the Supreme Court of the judicial district in which such lands are situated.

The Board shall have full power to lead and take away material for reclamation over and along any of the public streets of the borough, and shall also have power for that purpose to lay a tramway or railway in and along any such street, and to use such tramway or railway: Provided that such tramway or railway be constructed and maintained to the satisfaction of the Engineer for the time being of the borough.

The Board shall cause books to be provided and kept, and true and regular accounts to be entered therein of all sums received and paid for and on account of this Act, and of the several purposes for which such sums of money shall have been received and paid, which books shall at all reasonable times be open to the inspection of any of the members of the Board, any of the ratepayers of the city and borough, any holder of debentures, and any person being a creditor of the Board, without fee or reward.

The members of the Board, and such persons as aforesaid, or any of them, may take copies of or extracts from the said books without paying anything for the same.

Any clerk or other person having the custody of such books, who shall not, on the reasonable demand of any member, of the Board, or any such person as aforesaid, permit him to inspect the said books, or to take such copies or extracts as aforesaid, shall be liable to a penalty of five pounds for every such offence.

The Board shall cause its accounts to be balanced in every year to a period not less than one month before the first Monday in the month of June in each year, and shall cause a true statement and account to be drawn out of all contracts entered into and of all moneys received or expended by virtue of this Act during the preceding year, and of all available assets of and of all debts then owing by the Board.

Such statement and account shall be laid before the Auditors of the Board, to be appointed as hereinafter mentioned, who are hereby required to attend at the office of the Board as soon as conveniently may be after the balancing of the said accounts and drawing out of the said statement and account, and who shall in the presence of the Clerk, if he desire to be present, proceed to audit the accounts of the year preceding such balancing.

The Board shall produce and lay before the Auditors the accounts so balanced as aforesaid, together with the said statement and account, accompanied with proper vouchers in support of the same, and all books papers and writings in their custody or power relating thereto.

Any person interested in the said accounts, either as a holder of debentures or a creditor of the Board, may be present at the audit of the said accounts by himself or his agent, and may make any objection to any part of such accounts.

If the accounts of the Board be found correct, such Auditors shall sign the same in token of their allowance thereof; but if such Auditors think there is just cause to disapprove of any part of the said accounts, they may disallow any such parts of the said accounts as shall be so disapproved of.

The Board shall cause such statement and account to be printed, and allow the same to remain for inspection at the office of the Board; and every holder of debentures, creditor, or ratepayer of the city or borough may at all reasonable times inspect such statement and account, and compare the same with the books and documents relating thereto in the possession of the Board.

The Clerk shall on demand furnish a printed copy of the said statement and account to every such holder of debentures and creditor of the Board without fee.

Seven days at least before the meeting for examining and settling such accounts as hereinafter mentioned, the Board shall give public notice of such intended meeting, stating in such notice that the said statement and account are printed, and lie at the office of the Board ready for the inspection of the creditors or other parties interested.

The accounts of the Board, so balanced and audited, and either allowed or disallowed by the Auditors, together with the said statement and account, shall be produced at the annual meeting of the Board, or at some adjournment thereof, at which meeting all such holders of debentures, creditors, and other persons interested may be present.

The accounts shall be then finally examined and settled by the Board, and, if the same be found correct, they shall be allowed by the Board, and certified accordingly under the hand of the Chairman of the Board, or person who shall act as Chairman at such meeting.

After such accounts have been so allowed and signed by such Chairman, and also by the Auditors, they shall be forwarded to the Colonial Secretary, who shall cause an abstract of the same to be published in the Gazette, and thereupon the same shall be final in regard to all persons whomsoever.

The Governor may from time to time appoint one or more persons, as he shall think fit, to be an Auditor or Auditors for the purposes of this Act, and from time to time may remove any such persons; and on the death, resignation, or removal of any such Auditor or Auditors, may appoint any other person or persons in the place of any person so dying, resigning, or being removed.

The Governor may direct that such reasonable salary or remuneration as he thinks fit may be paid to such Auditor or Auditors, and the amount thereof shall be paid out of the Harbour Bund.

The Governor may, if he shall think fit, from time to time make regulations regulating the manner in which such Auditor or Auditors shall audit the accounts of the Board.

For the purpose of constructing harbour works within the port, or for dredging or deepening the harbour, the Board may borrow and raise any sum or sums of money not exceeding in the whole one hundred thousand pounds.

For the purpose of securing the repayment of any moneys so borrowed, the Board may from time to time issue debentures under its common seal for an amount not exceeding the sum authorized to be borrowed.

Every debenture issued under this Act shall be in the form in the Schedule or to the effect thereof, and shall be numbered consecutively, so that no two debentures shall at any time bear the same number, and shall be for the sum of not less than twenty nor more than one thousand pounds.

Every debenture shall be repayable, both as to principal and interest, at a place within or without the colony named in the debenture, and at a time named therein, not longer than thirty-five years from the issue thereof; and shall state on the face thereof the funds upon which the principal and interest is secured.

The interest on every debenture shall not exceed six per cent on the amount thereof, and shall be payable half-yearly or otherwise; and separate coupons for each sum so payable, in the form in the Schedule or to the effect thereof, and numbered consecutively for each debenture, shall be attached thereto.

Debentures and coupons respectively shall be transferable by delivery; and payment to any person in possession of any such debenture or coupon of the sum named therein shall discharge the Corporation of all liability in respect of such debenture or coupon.

The Board may appoint any joint stock company, or any such company and one or more persons, or two or more persons, within or without the colony, to be agents for raising and managing any loan authorized to be raised under this Act; and such agents shall have full power to raise such loans by bonds, debentures, or otherwise, in such manner, at such times, in such parts, and upon such terms and conditions as the Board shall direct, and to give and grant any necessary discharge or acquittance for the moneys raised under any such loan, or otherwise to dispose of moneys, as the Board shall prescribe.

All such bonds or debentures shall be signed by the Chairman and Countersigned by the Treasurer, or shall be signed by the agents, if any, for raising the loan.

Pending the raising of any moneys hereby authorized to be raised, such agents may borrow any sum or sums of money, not exceeding the whole amount then authorized to be borrowed, by the hypothecation or mortgage of any debentures hereby authorized to be issued, but all moneys so borrowed shall be a first charge upon and shall be repaid out of the loan when raised.

No claim of any holder of debenture issued under this Act shall attach to or be paid out of the public revenues of New Zealand, or by the General Government thereof.

All such debentures, and the interest payable thereon, shall be a first charge upon all moneys in the Harbour Bund, excepting moneys theretofore pledged as security for any loans or appropriated to any special purpose.

Before raising any loan the Board may make provision for the repayment thereof, either—

By making, with or without a sinking fund, the whole loan repayable at a stated period, or any parts thereof at stated periods; or,

By making any debentures of such loan repayable by periodical drawings.

In order to provide funds for the creation of a sinking fund, or for the repayment of debentures coming due by periodical drawings, the Board may permanently appropriate any part of the Harbour Fund not appropriated for any special purpose.

The Board shall appoint, and may from time to time remove and reappoint, Commissioners within or out of the colony, to whom they shall pay all moneys so appropriated as a sinking fund, or for the repayment of debentures as above provided; and such Commissioners shall dispose of such moneys—

In the case of a sinking fund, by investing the same, together with all interest and profits accruing therefrom, in such securities as the Board from time to time directs;

In the case of periodical drawing, by paying all debentures coming due, according to the conditions on which the loan is raised.

Such Commissioners shall send to the Board, at such time as the Board directs, accounts of all moneys and all securities in their hands, and shall also annually send to the Board a balance sheet showing all transactions in respect of such moneys or securities during the last year.

Such Commissioners shall, together with such balance sheet, send to the Board a certificate under the hand of one of the Commissioners of Audit, or such person as they shall appoint for the purpose, of all securities held by the Commissioners.

The Commissioners to be appointed as hereinbefore provided may be interpreted to mean the Public Trustee, or may include any joint stock company within or out of the colony as one of such Commissioners.

When the principal of any loan becomes payable, the accumulated sinking fund provided for repaying the same shall be applied in the payment thereof.

When the principal of any loan becomes payable, except when the debentures of such loan are paid by periodical drawings as above provided, it shall be lawful for the Board to re-borrow moneys under the provisions of this Act for the purpose of paying so much of the said principal moneys as is not provided for by any accumulated sinking fund held by the said Trustee or Trustees for the payment thereof.

If any person holding a debenture issued under this Act shall tender the same for payment of the principal thereby secured at the place at which such principal is payable, at the time when such principal is payable or at any time thereafter, and such principal shall not be paid in full, or if any person holding a coupon for payment of interest on any debenture issued under this Act shall tender the same for payment at the place at which such interest is payable, and at the time when such interest is payable or at any time thereafter, and such interest shall not be paid in full, such person may apply for relief under this Act, by petition in a summary way, to the Judge of the Supreme Court of New Zealand to whom the judicial district comprising the borough has been assigned.

The Judge, upon being satisfied of the truth of the matters alleged in such petition, may order that the whole or part of the lands vested in the Board be sold, in such manner and at such time or times as such Judge shall direct, and that the proceeds of the sale thereof shall be applied—

In payment of the expenses of such application and order, and of the proceedings thereon, and the sale in pursuance thereof;

Next, in payment of the principal moneys secured by the said debentures, with interest thereon respectively at the date aforesaid until all such principal moneys shall have been paid;

And the residue (if any) shall be paid to the Board.

The Judge may from time to time appoint a Receiver of the rents and profits arising from the land vested from time to time in the Board, and of all moneys dues and rates chargeable or receivable by the Board under this Act; or he may from time to time appoint a Receiver of all or any of the rents and profits arising from the land, or of the dues and rates, without directing a sale, and may direct that such Receiver shall be paid thereout such remuneration as to the said Judge shall seem fit.

The principal moneys secured by every debenture issued under this Act shall, when the same shall become payable, be a debt of the Board to the holder for the time being of such debenture, and the interest secured by every such debenture shall, when the same becomes payable, be a debt of the Board to the holder for the time being of the coupon of such interest; and every sum of money owing by the Board under this provision shall be recoverable by action against the Board.

Notwithstanding anything contained in any Act relating to building or any other benefit societies in New Zealand, or in the rules of such society to the contrary, it shall be lawful for the governing body of any such society to invest in any debentures to be issued under the provisions of this Act any accumulated funds which, under the provisions of this Act relating to building or other benefit societies, or any rules thereof, may be invested in real or Government securities.

All penalties imposed by this Act, or for the breach of any by-laws or regulations made hereunder, or in pursuance of the powers hereby granted, may be recovered in a summary way.

The Board shall be deemed to be a Harbour Board established under and in pursuance of the provisions of “The Harbour Boards Act, 1870,” and, in addition to the powers conferred by this Act, shall have all the powers and authorities conferred by the said Act upon Harbour Boards constituted thereunder.

Where any by-laws or regulations are required to be published in the Gazette, the production of the Gazette containing such by-laws or regulations shall in all proceedings be alone sufficient prima facie evidence that all the provisions of this Act relating to the making and confirmation of such by-laws have been duly complied with, and that such by-laws or regulations are in full force and effect, and the onus of proving the contrary shall in every case be on the party disputing the validity of such by-laws or regulations.