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 VERSION APPROVAL Version Prepared By Reviewed By Date Approved By 1 Stuart Hughes Craig Kerwin 17 June Consultant Port Manager 2019 (CIPL Director) CIPL Board 1 | P a g e o f 2 0 Pitt Standard Conditions of Business J u n e 2 0 1 9 1 INTRODUCTION and GENERAL 1.6 Despite clause 1.1, CIPL shall not be liable 1.1 The Port Facilities in Flowerpot Bay Pitt Island, for any loss (whether direct or Chatham Islands is owned and operated by Chatham consequential), damage (whether direct or Islands Ports Limited (CIPL). CIPL will use all consequential), costs (including legal costs), reasonable endeavours to maintain its expenses, injury or death of whatsoever nature equipment, plant, and facilities, in a manner or kind and howsoever sustained or adequate for the tasks they were designed to occasioned, irrespective of the party perform, and provide the Services in incurring or sustaining such loss, damage, accordance with good industry practice, and to costs, injury or death, and whether to Port operate safely and efficiently through properly Facility Areas or persons, unless and only to the qualified and competent personnel extent that such loss, damage, costs, expenses, injury or death was caused directly 1.2 The Port Facility includes the breakwater, by the negligence of CIPL or its servants, agents, berth, wharf, ramp and winch, generator, employees or contractors. lagoon foreshore, shed, stockyards, fuel storage, refuelling facility, water supply 1.7 In the event of there being any inconsistency and vehicle access. The facility does not between these conditions and any specific include the barge and its cradle that is agreement entered into in relation to Services owned and operated by the Pitt Island offered by CIPL and/or any conditions relating to Barge Society. Nor does the Services permits issued by CIPL, the conditions of such include any barge to/from coastal agreement and/or permit shall take precedence shipping cargo operations at sea, outside only to the extent of such inconsistency. of the breakwater harbour. 1.3 In the interests of health, safety and 1.8 In addition to complying with these efficiency, and for the benefit of all persons conditions all Port Facility Users are working, visiting, or having occasion to be to comply with the requirements of CIPL and all within the Port Facility Area and/or w i t h i n other statutory and/or local government laws a n d using the Port facilities, the following and regulations and other mandatory have been adopted by CIPL as conditions under requirements, as well as any appropriate code which such persons may enter onto the Port of practice which may at the time be in force. All Facility Areas and conduct their business. references to statutes or regulations will include any amendment thereto or any substitution 1.4 These conditions shall apply to all wider facility thereof. and port users and visitors entering the Port Facility Areas and to all users berthing or 1.9 These conditions should be read in intending to berth a vessel at the wharf and/or to conjunction with any current Chatham utilise any facilities or services under the Islands Council Harbour Bylaws for the Port operation, control or management of CIPL, and its approaches, which relate specifically subject to such limitations of liability as are to CIPL in regard to pilotage, navigation and specifically prescribed by New Zealand law. safety. 1.10 These conditions, and any other document 1.5 CIPL will not tolerate what it, in its absolute or notice referred to in these conditions which discretion, considers to be unsafe or dangerous has been or is to be prepared and issued by actions or conditions which may endanger CIPL, may be issued and/or varied (as the case persons, the enviroment, Port Facility Areas or may be) from time to time by CIPL, by CIPL vessel operations and will take appropriate giving notice of such issuance or variation (which action against anyone who wilfully or issuance or variation will become effective 30 negligently violates these conditions or carries days after the giving of such notice, which out any operation in the Port Facility Areas in may be done by posting the new document or a dangerous or unsafe manner. conditions on the Chatham Islands Enterprise Trust's website, or by CIPL, posting, faxing or 2 | P a g e o f 2 0 Pitt Standard Conditions of Business J u n e 2 0 1 9 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 | P a g e o f 2 0 Pitt Standard Conditions of Business J u n e 2 0 1 9 2 INTERPRETATIONS "Authorised Person" shall mean any person who has “Master/Skipper” shall mean any master, owner or business on the Port with prior authorisation by skipper in charge from time to time of any ship, the Port Manager or his designated representative in vessel, barge or boat. Every vessel shall have his absence. such a person designated to be in charge at all times when using the Port Facility. “Barge Ramp” shall mean the ramp used to offload cargo from a vessel’s ramp and/or to haul-out “Pitt Island Barge Society” shall mean the Society any barge or vessel from the water on a (PIBS) that owns the barge and cradle that is specially design wheeled cradle for the purpose. used at the Port Facility. "Berth" shall mean all areas alongside the Wharf used to "Port" shall mean the Port in Flowerpot Bay, Pitt Island berth vessels. “Property” shall mean that Port Facility owned by "Cargo Wharf User" shall mean and include the CIPL. owner, lessee, charterer, operator or manager of any vessel and/or road carrier or any person "Port Facility User" shall mean and include the owner, for whom CIPL provides or is to provide lessee, charterer, operator or manager of any Services and/or any person who is or who vessel or barge and/or road carrier or any appears on reasonable grounds to be an agent for person for whom CIPL provides or is to or a representative of any one or more of the provide Services and/or any person who is foregoing and/or any lessee/licensee or or who appears on reasonable grounds to be an sublessee/ sublicensee of CIPL and/or any agent for or a representative of any one or more contractor who has cause to work within the of the foregoing and/or any lessee/licensee or port facility and the obligations and liabilities sublessee/ sublicensee of CIPL and/or any under these conditions of all or any such persons, contractor who has cause to work within the if there be more than one, shall be joint and Port Facility Area and the obligations and several. liabilities under these conditions of all or any such persons, if there be more than one, shall be joint "Chatham Islands Ports" shall mean Chatham Islands and several. Ports Limited (CIPL), its employees, contractors, consultants and other persons who may be "Port Facility Areas" shall mean all land, buildings, delegated specific duties by CIPL. Wharves, ramps as herein defined, and other structures, plant or equipment, either mobile or "Chatham Islands Ports' Plans" include but are not static, owned, leased or administered by CIPL. limited to: the Chatham Islands Ports Security The Port Facilities Areas include the wharf, the Plan, Health and Safe Plan, Operating livestock yards, the fuel storage and distribution, and Procedures, Hazardous Substances and Noxious the Barge haul-out ramp and storage shed. as shown Organisms Plan, issued and varied from time to time outlined to designate the different areas on the by CIPL. Pitt Port Facility - Location Plans at page 6. "Coastal Vessel" shall mean any vessel "Port Manager" shall mean the Port Manager of predominately trading on the New Zealand the Chatham Islands Ports Limited (CIPL) and coast. shall include his/her deputy, the Pitt Port Officer, or any other employee of CIPL authorised by the "Harbourmaster" shall mean the person appointed Port Manager of the Chatham Islands Ports by the Chatham Islands Council pursuant to Limited to represent him/her, who may also be the Section 6 of the Local Government Amendment Act Harbourmaster. (No 2) 1999. "Schedule of Prices" means the Pitt Port Facility "Hazardous Area" shall mean the area within the schedule of prices issued from time to time by Port Facility which CIPL may from time to time CIPL.