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Chatham Islands Ports Ltd Waitangi Port, Port Manager PO Box 65 +64 3 3050 585 Chatham Islands 8942, New Zealand [email protected] Chatham Islands Ports Ltd Pitt Island Port Facility Standard Conditions of Business June 2019 CONTENTS 1. Introduction and General. 2 2. Interpretations 4 3. Pitt Island Port Facility Plan 6 4. Services Charges and Payments 7 5. Access and Use of Port Facilities 8 6. Goods and Cargo 10 7. Application for Services 12 8. Wharf Use 13 9. Pitt Barge Ramp Use 15 10. Health and Safety 17 11. Indemnities 20 1 | Page of 20 Pitt Standard Conditions of Business June 2019 1 INTRODUCTION and GENERAL 1.1 The Port Facilities in Flowerpot Bay Pitt Island, 1.6 Despite clause 1.1, CIPL shall not be liable Chatham Islands is owned and operated by for any loss (whether direct or Chatham Islands Ports Limited (CIPL). CIPL will consequential), damage (whether direct or use all reasonable endeavours to maintain its consequential), costs (including legal costs), equipment, plant, and facilities, in a manner expenses, injury or death of whatsoever adequate for the tasks they were designed to nature or kind and howsoever sustained or perform, and provide the Services in occasioned, irrespective of the party accordance with good industry practice, and to incurring or sustaining such loss, damage, operate safely and efficiently through properly costs, injury or death, and whether to Port qualified and competent personnel Facility Areas or persons, unless and only to the extent that such loss, damage, costs, 1.2 The Port Facility includes the expenses, injury or death was caused directly breakwater, berth, wharf, ramp and by the negligence of CIPL or its servants, winch, generator, lagoon foreshore, agents, employees or contractors. shed, stockyards, fuel storage, refuelling facility, water supply and vehicle access. 1.7 In the event of there being any The facility does not include the barge inconsistency between these conditions and and its cradle that is owned and operated any specific agreement entered into in relation to by the Pitt Island Barge Society. Nor Services offered by CIPL and/or any conditions does the Services include any barge relating to permits issued by CIPL, the to/from coastal shipping cargo operations conditions of such agreement and/or permit at sea, outside of the breakwater shall take precedence only to the extent of such harbour. inconsistency. 1.3 In the interests of health, safety and efficiency, and for the benefit of all persons 1.8 In addition to complying with these working, visiting, or having occasion to be conditions all P o r t F a c i l i t y Users are within the Port Facility Area and/or w i t h i n to comply with the requirements of CIPL and all a n d using the Port facilities, the following other statutory and/or local government have been adopted by CIPL as conditions under laws and regulations and other mandatory which such persons may enter onto the Port requirements, as well as any appropriate code Facility Areas and conduct their business. of practice which may at the time be in force. All references to statutes or regulations will 1.4 These conditions shall apply to all wider include any amendment thereto or any facility and port users and visitors entering the substitution thereof. Port Facility Areas and to all users berthing or intending to berth a vessel at the wharf and/or 1.9 These conditions should be read in to utilise any facilities or services under the conjunction with any current Chatham operation, control or management of CIPL, Islands Council Harbour Bylaws for the Port subject to such limitations of liability as are and its approaches, which relate specifically specifically prescribed by New Zealand law. to CIPL in regard to pilotage, navigation and safety. 1.5 CIPL will not tolerate what it, in its absolute 1.10 These conditions, and any other document discretion, considers to be unsafe or or notice referred to in these conditions dangerous actions or conditions which may which has been or is to be prepared and endanger persons, the enviroment, Port Facility issued by CIPL, may be issued and/or varied Areas or vessel operations and will take (as the case may be) from time to time by CIPL, appropriate action against anyone who wilfully by CIPL giving notice of such issuance or or negligently violates these conditions or variation (which issuance or variation will carries out any operation in the Port Facility become effective 30 days after the giving of Areas in a dangerous or unsafe manner. such notice, which may be done by posting 2 | Page of 20 Pitt Standard Conditions of Business June 2019 the new document or conditions on the Chatham Islands Enterprise Trust's website, or by CIPL, posting, faxing or emailing such notice). The latest versions may be obtained on request from Chatham Islands Ports Limited, PO Box 65 Chatham Islands, Owenga Road, Sandstone, Chatham Islands or [email protected], and are on the Trust's website. 1.11 The waiving or varying of any of these conditions to meet particular situations in the Port Facility Areas shall not be deemed to be a general waiver or variation of these conditions. 1.12 Nothing in these conditions diminishes the right of CIPL to require any person at any time to leave the Port Facility Areas immediately on being given notice of such requirement. 1.13 These conditions shall be governed and interpreted in accordance with New Zealand law. 3 | Page of 20 Pitt Standard Conditions of Business June 2019 2 INTERPRETATIONS fencing, barriers or notices. "Authorised Person" shall mean any person who has business on the Port with prior “Master/Skipper” shall mean any master, owner authorisation by the Port Manager or his or skipper in charge from time to time of any designated representative in his absence. ship, vessel, barge or boat. Every vessel shall have such a person designated to be in “Barge Ramp” shall mean the ramp used to offload charge at all times when using the Port cargo from a vessel’s ramp and/or to haul-out Facility. any barge or vessel from the water on a specially design wheeled cradle for the “Pitt Island Barge Society” shall mean the purpose. Society (PIBS) that owns the barge and cradle that is used at the Port Facility. "Berth" shall mean all areas alongside the Wharf used to berth vessels. "Port" shall mean the Harbour of the Port of Pitt Island "Cargo Wharf User" shall mean and include the “Property” shall mean that Port Facility owned by owner, lessee, charterer, operator or manager CIPL. of any vessel and/or road carrier or any person for whom CIPL provides or is to "Port Facility User" shall mean and include the owner, provide Services and/or any person who is lessee, charterer, operator or manager of any or who appears on reasonable grounds to be an vessel or barge and/or road carrier or any agent for or a representative of any one or more person for whom CIPL provides or is to of the foregoing and/or any lessee/licensee or provide Services and/or any person who is sublessee/ sublicensee of CIPL and/or any or who appears on reasonable grounds to be an contractor who has cause to work within the agent for or a representative of any one or more port facility and the obligations and liabilities of the foregoing and/or any lessee/licensee or under these conditions of all or any such persons, sublessee/ sublicensee of CIPL and/or any if there be more than one, shall be joint and contractor who has cause to work within the several. Port Facility Area and the obligations and liabilities under these conditions of all or any such "Chatham Islands Ports" shall mean Chatham persons, if there be more than one, shall be joint Islands Ports Limited (CIPL), its employees, and several. contractors, consultants and other persons who may be delegated specific duties by CIPL. "Port Facility Areas" shall mean all land, buildings, Wharves, ramps as herein defined, and other "Chatham Islands Ports' Plans" include but are not structures, plant or equipment, either mobile or limited to: the Chatham Islands Ports Security static, owned, leased or administered by CIPL. Plan, Health and Safe Plan, Operating The Port Facilities Areas include the wharf, the Procedures, Hazardous Substances and Noxious livestock yards, the fuel storage and distribution, and Organisms Plan, issued and varied from time to the Barge haul-out ramp and storage shed. as time by CIPL. shown outlined to designate the different areas on the Pitt Port Facility - Location Plans at page "Coastal Vessel" shall mean any vessel 6. predominately trading on the New Zealand coast. "Port Manager" shall mean the Port Manager of the Chatham Islands Ports Limited (CIPL) "Harbourmaster" shall mean the person appointed and shall include his/her deputy, the Pitt Port by the Chatham Islands Council pursuant to Officer, or any other employee of CIPL Section 6 of the Local Government Amendment Act authorised by the Port Manager of the (No 2) 1999. Chatham Islands Ports Limited to represent him/her, who may also be the Harbourmaster. "Hazardous Area" shall mean the area within the Port Facility which CIPL may from time to "Schedule of Prices" means the Pitt Port Facility time class as hazardous and is defined by schedule of prices issued from time to time by 4 | Page of 20 Pitt Standard Conditions of Business June 2019 CIPL. "Services" means any services provided to any Port User in accordance with these conditions.
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