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N o So CD o Zoo 00 CO s 3 . "3 » cd a N.° fe o CD ® gGQ *s a o to CD c Pw CO a ?.» cd co a CD 03 a o t-i ■Egg 3 Observations. The Imperial Act excludes the application of certain of the provisions of Part II. of that Act to fishing boats, because special provisions therefor are made in Part IV. Has the colony such special provisions ? If not the clause may call for some consideration, though it is, perhaps, not a matter which very much concerns the Imperial Government. III.—Regulation op Passengers. 168 287 in pan It should be noted that the Imperial Act only deals with steamers, and it it is not clear whether subsections 168 and 169 are intended to apply to sailing-ships. By section 267 of Imperial Act all passenger steamers carrying passengers to or from or between any places in the United Kingdom are already covered by section 287, so that the New Zealand Act should clearly be confined to such cases as are not already covered by the Imperial Act, and so far as voyages of ships registered in New Zealand are covered by the Imperial Act any legislation affecting them would have to be taken by way of repeal under section 735. Legislation affecting voyages of ships, whether or not registered in New Zealand, which are not covered by the Imperial Act, should in each case be considered on the merits. Line 1 : query, should not the word " passenger " be inserted after " home trade " before " ship " ? 169 288 170 171 271 partly IV.—As to Steamships. Having regard to the provisions of section 284 of the Imperial Act and the Order in Council thereunder affecting New Zealand, the provisions of this part of the Act call for very careful consideration. There is no such provision as this in the Imperial Act. It should in any event be limited to vessels built in the colony. Under the Imperial Act it is only steamers carrying more than twelve passengers which are required to be surveyed every year. There is no definition of passenger-steamer in the New Zealand Act. Should not the word "passenger" be inserted before "steamship" wherever it occurs in this Part ? The provisions of the sections in the Imperial Act are amalgamated ; should not the provisions of section 172 be limited to vessels registered in New Zealand by repeal under 735, and to cases not covered by the Imperial Act? 172 272 & 273 174 175 274 275 176 177 178 179 180 181 182 183 184 185 276 277 partly 278 279 280 281 partly 282 283 726 Imperial only refers to passenger-steamers, as the word " steamer " therein must mean " passenger-steamer." Provision for interim certificate not in Imperial Act. No fees in Imperial Act for steamships not carrying passengers. Only passenger-steamers covered by Imperial Act. Passenger-steamer only in Imperial Act. Subsections (2) and (3) are not in Imperial Act. See observations on sections 5-20 of New Zealand Act. The provision making Board of Trade passenger-certificates subject to the provisions of the Act is ultra vires. It is problable that the exemptions in this section may make criticisms more theoretical than practical, but no Imperial certificate should be subject to the provisions of this Act, and the colony cannot legislate for voyages already covered by section 267 of the Imperial Act except to the extent of repealing such provisions as regards ships registered in her own possessions. Moreover, the provisions as regards certificates valid in other British possessions and foreign countries must be considered in the light of'the provisions of section 284 and the Orders in Council made thereunder. 186 187 285, 286, & 432. Nearly all these requirements are under the Imperial Act confined to " passenger-steamers." V.—Ships Propelled by other Powers than Steam, Etc. No observations. VI. —Colonial Pilots. No observations.
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