Rangitoto Island Foreshore Licence Order 1960
Rangitoto Island Foreshore Licence Order 1960: revoked, on 29 April 1999, pursuant to section 10 of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
Version as at 29 April 1999
Rangitoto Island Foreshore Licence Order 1960
(SR 1960/52)
Rangitoto Island Foreshore Licence Order 1960: revoked, on 29 April 1999, pursuant to section 10 of the Local Government Amendment Act (No 2) 1999 (1999 No 24).
H E Barrowclough, Administrator of the Government
Order in Council
At the Government House at Wellington this 13th day of April 1960
Present:
His Excellency the Administrator of the Government in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
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 Rangitoto Island Foreshore Licence Order 1960.
2
In this order, unless the context otherwise requires,—
Board means the Rangitoto Island Domain Board; and includes its successors and assigns
vessel and wharf have the same meanings as in the Harbours Act 1950
wharfinger includes every person who is for the time being in charge of any wharf.
Part 1 Foreshore licence
3
The Board is hereby licensed and permitted to use and occupy those parts of the foreshore and land below low-water mark at Rangitoto Island, Auckland Harbour, as shown on plans marked MD 6021 and MD 10048 and deposited in the office of the Marine Department at Wellington, for the purpose of maintaining thereon the wharves as shown on those plans (in this order referred to as the said wharves).
4
The licence granted under clause 3 shall be subject to the following conditions:
(a)
the Foreshore Licence Regulations 1960 (SR 1960/32) shall apply with respect to the licence:
(b)
the annual sum payable by the Board in respect of the licence shall be 1s, payable on demand:
(c)
the term of the licence shall be 14 years from 26 February 1958.
Part 2 Passenger dues
5
(1)
All persons landing on or embarking from either of the said wharves shall pay to the Board dues at the following rates:
(a)
in the case of persons aged 15 years of age and over, the sum of 6d per person:
(b)
in the case of persons aged 4 years and over but under 15 years of age, the sum of 3d per person:
provided that no person who is landed on or embarked from either of the said wharves by a regular trading vessel and who has been issued by the master, owner, or agent of the vessel with a return ticket covering the fare both to and from Rangitoto Island shall be liable to pay more than the appropriate fee of sixpence or threepence, as the case may be, in respect of each return trip.
(2)
Where any such persons are carried by any regular trading vessel, the aforesaid dues at the appropriate rates shall be paid by them to the master, owner, or agent of the vessel, who shall collect the dues from those persons in addition to or as part of any fare charged by him; and those dues shall be paid to the Board by the master, owner, or agent, in the manner and at the times prescribed by subclause (3).
(3)
All passengers’ dues collected as provided in subclause (2) shall be paid monthly on or before the seventh day of each month in accordance with a return furnished to the Board by the master, owner, or agent of each vessel which carried those passengers; and that return shall be compiled from the books or records kept by him in respect of the trading of each such vessel.
(4)
No dues or charges whatsoever shall be payable by any child under 4 years of age landing on or embarking from either of the said wharves.
Part 3 Regulations as to use of wharves
6
The master of any vessel coming alongside either of the said wharves shall be responsible for the proper and safe berthing of his vessel, and the master and owner shall be responsible for any damage done to the wharf in connection with that vessel. The Board may repair any such damage and charge the cost of doing so against the master or owner of the vessel doing the damage, and that cost may be recovered by the Board from the master or owner by action in any court of competent jurisdiction.
7
When 2 vessels are expecting to berth at either of the said wharves at the same time, the wharfinger, or any officer authorised by the Board to do so, shall direct the master of each vessel where his vessel is to be berthed, and any master failing to carry out those directions commits a breach of these regulations.
8
Before any vessel is removed from either of the said wharves, the master shall cause all dirt and rubbish to be thoroughly cleared from the portion of the wharf occupied by that vessel, and deposited how and where directed by any person authorised by the Board so to direct the master.
9
The master of every vessel discharging ballast at either of the said wharves shall have all such ballast taken away and deposited above high-water mark, or at such place as may be approved by the Minister.
10
No person shall permit any animals to remain on either the said wharves at any time.
11
The owner or consignee, or the agent of the owner or consignee, of any explosives, kerosene, benzine, fuel oil, or goods of a dangerous or inflammable character landed on either of the said wharves shall cause the same to be removed from the wharf immediately on being landed, and any owner, consignee, or agent failing to do so shall be responsible for any damage or loss that may accrue from any accident arising therefrom in addition to any penalty for the default.
12
All goods landed at either of the said wharves shall be so landed at the shipper’s own risk, and the Board shall be under no responsibility to deliver the same to the consignee.
13
Any goods placed on either of the said wharves for shipment shall be placed there at the consignor’s own risk, and the consignor shall be solely responsible for the safety of the goods until accepted by the master, owner, or agent of the vessel by which they are to be shipped.
14
No person shall be entitled to claim against the Board for the loss of any goods landed or placed on either of the said wharves, but nothing in this clause shall be deemed to relieve the Board from liability for negligence on the part of any servant of the Board acting within the scope and in the course of his employment.
15
Every person commits a breach of this order who—
(a)
refuses to carry out the lawful instructions of the wharfinger;
(b)
permits the remains of fish, offal, or other offensive matter to be placed in or about either of the said wharves;
(c)
uses either of the said wharves for any purposes other than embarking or disembarking passengers or loading or unloading goods; or
(d)
does any act in contravention of or fails to comply with any provision of this order.
16
Every person who commits a breach of this order commits an offence, and is liable on summary conviction to a fine not exceeding £20.
Part 4 Revocations
17
The following enactments are hereby revoked:
(a)
the Rangitoto Island Foreshore Licence Order 1956 (SR 1956/181):
(b)
the Rangitoto Island Foreshore Licence Notice 1958 (SR 1958/26):
(c)
the Rangitoto Island Foreshore Licence Notice 1958, Amendment No 1 (SR 1959/68).
T J Sherrard,
Clerk of the Executive Council.
Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order replaces the Rangitoto Island Foreshore Licence Notice 1958. The licence is in the same terms as the existing one, but is granted by Order in Council instead of by notice by the Minister of Marine in order to remove doubts as to the validity of the regulations in Part 3.
Date of notification in Gazette: 13 April 1960.
Notes
1 General
This is a consolidation of the Rangitoto Island Foreshore Licence Order 1960 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Local Government Amendment Act (No 2) 1999 (1999 No 24): section 10