Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2002

  • revoked
  • These regulations were revoked, on 27 March 2008, by regulation 6 of the Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2008 (SR 2008/37).

Reprint
as at 27 March 2008

Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2002

(SR 2002/387)

  • Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2002: revoked, on 27 March 2008, by regulation 6 of the Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2008 (SR 2008/37).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Department of Internal Affairs.


Pursuant to section 699A of the Local Government Act 1974, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2002.

2 Commencement
  • These regulations come into force on 6 January 2003.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    provision means a provision of the Northland Regional Navigation Safety Bylaw 2001.

4 Infringement offences and fees
  • (1) A breach of a provision specified in the first column of Schedule 1 is an infringement offence against the Act.

    (2) The infringement fee for an offence referred to in subclause (1) is the infringement fee specified in relation to that offence in the third column of Schedule 1.

5 Infringement notices
  • Every infringement notice in respect of an infringement offence against a provision specified in the first column of Schedule 1 must be in the form set out in Schedule 2.


Schedule 1
Infringement offences and fees under Northland Regional Council Navigation Safety Bylaw

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ProvisionDescription of offenceFee ($)
cl 2.1.1Failing to carry personal floatation devices as required100
cl 2.1.4Failing to wear personal floatation devices when required100
cl 2.2Swimming, jumping, or diving around wharves, jetties, or other areas designated by the Council100
cl 2.3.1Operating propulsion system in a way that may damage property or injure a person100
cl 2.4.1Failing to keep vessel in a serviceable condition100
cl 2.5.1Impeding the passage of a seaplane when it is landing or taking off200
cl 2.6.1Anchoring vessel so that it obstructs the approach to a wharf, pier, jetty, or boat ramp100
cl 2.6.2Except in an emergency, cutting, breaking, destroying, or unlawfully detaching a vessel's mooring or fastening100
cl 2.7Anchoring in a prohibited anchorage100
cl 2.8Navigating, mooring, or anchoring a vessel, or entering, swimming, or diving in a prohibited area100
cl 2.9.1Obstructing access by water to a wharf, jetties, landing place, boat ramp, slipway, or mooring100
cl 2.9.2Placing an obstruction in any waters that is liable to restrict navigation, cause loss of life or injury, or damage100
cl 2.10.1Failing to notify a collision or accident as required100
cl 2.11.1Tying up to a navigation aid without permission100
cl 2.11.2Damaging, removing, defacing, or interfering with a navigation aid or warning200
cl 2.11.3Erecting, maintaining, or displaying a beacon, buoy, or other device that may be used as or mistaken for a navigation aid without permission200
cl 2.12Sounding a whistle in breach of requirements100
cl 2.13.3Navigating a vessel under 500 gross tonnage or under 24 metres so as to impede the navigation of a vessel of 500 gross tonnage or more200
cl 2.14.1Allowing cargo or any other thing to drop or be discharged from a vessel, structure, or land that may constitute a danger to navigation or safety200
cl 3.1.2Owner allowing an under-aged person to operate a powered vessel capable of exceeding 10 knots unless being trained to do so under the direct supervision of the Master100
cl 3.2.1Exceeding speed limit in certain conditions200
cl 3.2.2Propelling a vessel while a person is sitting in specified areas100
cl 3.2.3Allowing self to be towed by a vessel at a speed exceeding 5 knots in certain conditions200
cl 3.3.1Towing a person without a person responsible for notifying mishaps100
cl 3.3.2Allowing self to be towed without a person responsible for notifying mishaps100
cl 3.4.1Operating a vessel towing a person between sunset and sunrise200
cl 3.4.2Allowing self to be towed by a vessel between sunset and sunrise200
cl 3.6.3Proceeding in an access lane in a manner that is dangerous200
cl 3.6.4Obstructing another person while that person is using an access lane100
cl 3.8.4Obstructing another person while that person is using a reserved area100
cl 3.9.1Conducting a race, speed trial, competition, or other organised water activity without permission if there is a need to temporarily suspend restrictions or reserve the area for the purpose of that activity100
cl 3.10.1Placing a mooring in any waters without a licence100
cl 3.10.7Mooring a vessel to a mooring without the approval of the owner100
cl 3.10.9Securing, or allowing to be secured, a vessel to any moored vessel in a manner that restricts navigation, causes loss of life or injury or damage100
cl 3.11.1Failing to display a unique number of a prescribed size on each side of a craft100
cl 3.11.2Failing to register unique number100
cl 3.12.1Failing to display flag A as required200
cl 3.12.2Operating divers without ensuring that flag A is displayed as required200
cl 4.6.1Failing to obtain a hot work permit as required100
cl 4.6.4Allowing work to commence before the Harbourmaster is satisfied that the requirements of a hot work permit have been met200
cl 4.7.1Transferring, or allowing to be transferred, hazardous goods in bulk or packaged from a vessel without giving the Harbourmaster at least 24 hours' notice100
cl 5.3.1Operating a commercial vessel that is not subject to Maritime Rules regarding commercial shipping without a safe operation licence100
cl 5.3.2Operating a vessel that requires a safe operation licence while that licence is temporarily suspended200

Schedule 2
Northland Regional Council Navigation Safety Bylaw infringement offence notice

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Section 699A, Local Government Act 1974
Notice no:
Enforcement authority
[Specify enforcement authority.]
To
Name: [full name]
Full address:
Occupation: Date of birth:
Maritime document no (if applicable):
Alleged infringement offence(s) details
Date:Time:Place: 
Vessel name: Vessel description :
Bylaw offence provisionOffenceInfringement fee payable ($) 
1    
2    
3    
Payment of infringement fee(s)

The infringement fee(s) is (or are) payable to the enforcement authority within 28 days after [date this notice is delivered personally, or served by post].

The infringement fee(s) is (or are) payable to: [specify address of enforcement authority].

Payment. Please present this notice, or a copy of this notice, when making payment.

Cheques or money orders must be made out to the [specify enforcement authority] and must be crossed and marked not transferable or account payee only.

Issued by: [full name], being a person duly authorised by the Northland Regional Council.

Important: Please read the statement of rights printed overleaf.

Statement of rights

If, after reading this statement, you do not understand anything, you should consult a lawyer immediately.

1
  • This notice sets out 1 or more alleged infringement offences. Each offence that is identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences, as set out below.

    Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with an informant in respect of an infringement fee payable by you, paragraphs 4(b) and (c), 5, and 6 do not apply and you are not entitled either to request a hearing to deny liability or to ask the Court to consider any submissions (as to penalty or otherwise) in respect of the infringement.

Payments
2
  • If you pay the infringement fee for an alleged offence within 28 days of the service on you of this notice, no further enforcement action will be taken for that offence. Payments may be made at the places indicated on the front page of this notice.

Defence
3
  • You have a complete defence against proceedings for an alleged offence if the infringement fee for that offence has been paid to the enforcement authority at the address shown on the front page of this notice within 28 days after service on you of a reminder notice. Late payment or payment made to any other address will not constitute a defence.

Further action
4
  • You may write to the enforcement authority at the address shown on the front page of this notice if you wish to—

    • (a) raise any matter relating to the circumstances of an alleged offence for consideration by the enforcement authority; or

    • (b) deny liability for the offence and request a court hearing (refer to paragraphs 5 and 9); or

    • (c) admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise (refer to paragraphs 6 and 9).

    Any such letter must be personally signed.

5
  • If you deny liability for the offence and request a hearing, the enforcement authority will, unless it decides not to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the Court.

6
  • If you admit liability for the offence, but wish the Court to consider your submissions as to penalty or otherwise, you must, in your letter to the enforcement authority,—

    • (a) request a hearing; and

    • (b) admit liability; and

    • (c) set out the written submissions you wish to be considered by the Court.

    The enforcement authority will then file your letter with the Court (unless it decides not to commence court proceedings in respect of the offence). There is no provision for an oral hearing before the Court if you follow this course of action.

Non-payment of fee
7
  • If you do not pay the infringement fee and do not request a hearing in respect of an alleged offence within 28 days after the service on you of this notice, you will (unless the enforcement authority decides otherwise) be served with a reminder notice.

8
  • If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to the infringement fee unless the enforcement authority decides not to commence proceedings against you.

Queries and correspondence
9
  • 9 When writing or making payment of an infringement fee, please indicate—

    • (a) the date of the infringement offence; and

    • (b) the infringement notice number; and

    • (c) the identifying number of each alleged offence and the course of action you are taking in respect of each alleged offence (if this notice sets out more than 1 offence and you are not paying all the infringement fees for the alleged offences); and

    • (d) your address for replies (if you are not paying all the infringement fees for the alleged offences).

    If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out on the front of this notice.

    Note: All queries and correspondence regarding the infringement offence(s) must be directed to the enforcement authority named in this notice at the address shown.

    The infringement notice in Schedule 2 was amended, as from 10 October 2006, by regulation 4 Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Amendment Regulations 2006 (SR 2006/259) by substituting the words Full address: for the expression Address:.

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 6 January 2003, specify which breaches of the Northland Regional Council Navigation Safety Bylaw 2001 are infringement offences for the purposes of section 699A of the Local Government Act 1974. It also prescribes the infringement fees for those infringement offences. An infringement notice must be in the form set out in Schedule 2.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 5 December 2002.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2002. It incorporates all the amendments to the Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2002 as at 27 March 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Local Government (Infringement Fees for Offences: Northland Regional Council Navigation Safety Bylaw) Regulations 2008 (SR 2008/37): regulation 6