This order may be cited as the Coromandel County Foreshore Licence Order 1973.

In this order, unless the context otherwise requires,—

The Council is hereby licensed and permitted to use and occupy those parts of the foreshore at the places described in Schedule 1 for the purpose of maintaining thereon the wharves shown on the plans referred to in that schedule (in this order referred to as the wharves).

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

The master of any vessel coming alongside any of the 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 any of the wharves in connection with that vessel. The Council 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 Council from the master or owner by action in any court of competent jurisdiction.

When 2 vessels are expecting to berth at any of the wharves at the same tide, the wharfinger, or any officer, authorised by the Council 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 this order.

Before any vessel is removed from any of the 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 Council so to direct the master.

The master of every vessel discharging ballast at any of the 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 of Transport or by any person appointed by the Minister for that purpose.

No person shall permit any animals to remain on any of the wharves at any time longer than is actually necessary for loading or unloading the same.

The owner, or consignee, or the agent of the owner or consignee, of any explosives, kerosene, motor spirits, fuel oil, or goods of a dangerous or flammable character landed on any of the 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.

All goods landed at any of the wharves shall be so landed at the shipper’s own risk, and the Council shall be under no responsibility to deliver the same to the consignee.

Any goods placed on any of the 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.

No person shall make fast any boat to any steps or landing place or so near thereto as to obstruct the approach of other vessels, nor shall any person permit any boat to lie longer alongside than is required for landing passengers.

No person shall drive, take, or work at other than a walking pace, or cause to be driven, taken, or worked at other than a walking pace, any cart, vehicle, or horse on any of the wharves.

All watermen, stevedores, carters, and other persons employed on the wharves or any public landing-place shall be under the control of the wharfinger, and shall obey all orders given by the wharfinger.

No person shall in any way obstruct or impede traffic on the wharves.

No person shall, otherwise than as specifically permitted by these regulations, obstruct or impede ingress to or egress from the wharves by any vessel, boat, or cable, or in any other way.

If in breach of this clause any person obstructs or impedes ingress or egress as aforesaid, and does not, upon being ordered so to do by the wharfinger, remove the obstruction, then, irrespective of the penalty to which that person is liable for the obstruction, the wharfinger may remove, cast off, or cut any such obstruction, and the Council may recover the cost of so doing from that person.

The wharfinger shall have power, on the authority of the chairman of the Council, to close the wharves, or any portion of them whenever in his opinion it is advisable to do so, and no person shall enter upon the wharves or portion of them so closed without the consent of the wharfinger.

No person shall be entitled to claim against the Council for the loss of any goods landed or placed on any of the wharves or in any wharf shed, but nothing in this clause shall be deemed to relieve the Council from liability for negligence on the part of any servant of the Council acting within the scope and in the course of his employment.

Every person commits an offence against this order who—

Every person who commits an offence against this order is liable on summary conviction to a fine not exceeding $100.

The master or owner or agent of every vessel berthing at any of the wharves shall pay to the Council berthage dues according to the scale set out in Schedule 2.

Masters or owners or agents of all regular trading vessels shall pay their berthage dues quarterly in advance to the treasurer of the Council. The quarters shall commence on 1 January, 1 April, 1 July, and 1 October in each year.

All berthage dues payable by irregular trading vessels shall be paid to the treasurer of the Council, and the payments shall be made by the master or owner or agent of the vessel on the first application by the treasurer of the Council.

The master, owner, or agent of any regular trading vessel shall pay to the treasurer of the Council for each and every adult passenger carried by that vessel and landed on or shipped from any of the wharves the sum of $0.15 and for each and every child under 14 years of age $0.05; but, in the case of organised sports bodies or other similar organisations that travel as a group, the charge for each person shall be $0.05; and, in any case, no charge shall be payable in respect of any passengers travelling between any of the wharves.

All passenger dues shall be paid monthly on or before the seventh day of each month in accordance with a return which shall be furnished to the treasurer of the Council from the books or records of the master or owner or agent of the vessel which carried the passengers.

Every person who uses any of the wharves for landing or shipping any goods shall pay to the Council wharfage dues according to the scale prescribed in Schedule 3.

The master, owner, or agent of every regular trading vessel shall, not later than the seventh day of every month, furnish to the clerk of the Council a certified copy of the freight lists of the cargo carried by that vessel each trip, with proper accounts of the weights and measurements of all goods landed on and shipped from any of the wharves during the previous month, and shall at the same time pay to the treasurer of the Council the amount due for wharfage at the rates prescribed in Schedule 3 on all goods the weights and measurements of which are shown on the certified freight lists.

Every person whose goods remain in any wharf shed or on any of the wharves for more than 1 week from the date the goods were placed therein or thereon shall pay to the treasurer of the Council (when called upon by the Council or wharfinger so to do) before receipt of the goods, storage for the goods hereafter mentioned, that is to say: for each and every week or part of a week from the date the goods are first placed in the shed or on the wharf, double the rates set out in Schedule 3.

Where any cargo remains on any of the wharves for a longer period than 48 hours, or where any such cargo hinders the loading or unloading of any vessel, or is an impediment to the approaches, the Council, through the wharfinger or other authorised person, may have the cargo removed at the expense of the owner, and the cost of the removal shall be payable by the owner before taking receipt of the goods.

In default of payment of the wharfage or storage dues payable in respect of any goods, the Council may, in the manner and in the time provided in section 201 of the Harbours Act 1950, sell the goods, and may exercise all the powers contained in the said section 201.

Where the total amount of any dues or charges payable by any person under this order includes a fraction of a cent, the amount payable shall be calculated to the cent above.

The following Orders in Council are hereby revoked, namely: