Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003

  • revoked
  • Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003: revoked, on 6 November 2008, by regulation 6 of the Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2008 (SR 2008/380).

Reprint
as at 6 November 2008

Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003

(SR 2003/358)

  • Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003: revoked, on 6 November 2008, by regulation 6 of the Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2008 (SR 2008/380).


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: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

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

    provision means a provision of the Hawke's Bay Regional Navigation and Safety Bylaws 2002.

    (2) The descriptions given in the second column of Schedule 1 are intended only to be an indication of the content of the provisions they describe, and are not intended to be used in the interpretation of the provisions.

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 for that offence in the third column of Schedule 1.

5 Infringement notices
  • Every infringement notice for 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 Hawke's Bay Regional Navigation and Safety Bylaws 2002

rr 4, 5

ProvisionDescription of offenceFee
cl 2.1.1Failing to carry required personal flotation devices200
cl 2.1.5Failing to ensure that all those on board are wearing personal flotation devices as required200
cl 2.2.1Diving or swimming within 50 metres of any jetty, wharf, or quay in regular use, or within any designated anchorage or mooring area100
cl 2.3.1Operating propulsion system inappropriately100
cl 2.3.2Testing propulsion system without taking specified precautions100
cl 2.4.1Failing to maintain anchored or moored vessel in seaworthy condition200
cl 2.5.1Impeding seaplane landing or taking off200
cl 2.6.1Anchoring so as to obstruct a vessel or the approach to a wharf, pier, or jetty100
cl 2.6.2Cutting, breaking, destroying, or unlawfully detaching the mooring or the fastening to a structure of a vessel200
cl 2.7.1Obstructing access to a wharf or other landing place100
cl 2.7.2Placing any obstruction (including fishing apparatus), liable to restrict navigation or cause loss of life or injury, in any waters200
cl 2.8.1Failing to report collision or accident100
cl 2.9.1Tying to navigation aid without prior written permission of Harbourmaster100
cl 2.9.2Damaging, removing, defacing, or otherwise interfering with navigation aid or warning200
cl 2.9.3Erecting, displaying, or maintaining, without authorisation, any device that may be mistaken for a navigation aid200
cl 2.10.1Sounding whistle, siren, or horn in breach of requirements100
cl 2.11.1Failing to show navigation lights during hours of darkness or restricted visibility200
cl 2.11.2Failing to display, while at anchor, navigation lights during hours of darkness200
cl 3.1.2Allowing under-age person to operate, without direct supervision, vessel capable of exceeding 10 knots200
cl 3.2.1Exceeding 5 knots in specified areas (including when vessel towing person or object)200
cl 3.2.2Exceeding 5 knots while any part of a person is extended over the fore part, bow, or side of vessel100
cl 3.2.3Causing or allowing self to be towed in specified areas at speed greater than 5 knots200
cl 3.2.4Continuing vessel onwards without acting to recover water ski after any person being towed has dropped ski100
cl 3.3.1Towing person at speed greater than 5 knots without additional person on board responsible for notifying a mishap100
cl 3.3.2Causing or allowing self to be towed without additional person on board responsible for notifying a mishap100
cl 3.3.3Towing person with person responsible for notifying mishaps being under-age100
cl 3.4.1Operating vessel towing person between sunset and sunrise100
cl 3.4.2Allowing self to be towed by a vessel between sunset and sunrise100
cl 3.5.1Failing to take most direct starboard route through access lane100
cl 3.5.2Failing to take most direct starboard route while towing, or allowing self to be towed, through access lane100
cl 3.5.3Proceeding in access lane in a manner dangerous to any other vessel or person in the access lane200
cl 3.5.4Obstructing person using access lane for declared purposes100
cl 3.5.5Using access lane for other than declared purposes100
cl 3.7.1Obstructing a person while that person is using a reserved area for the purpose for which reserved100
cl 3.8Failing to obtain permission for special events100
cl 4.1.1Carrying or intending to load explosives without displaying Flag B (by day) or red all round light (by night)100
cl 5.4.1Operating, for hire or reward. vessel not subject to Safe Ship Management, without commercial vessel licence100
cl 5.4.2Operating vessel while commercial vessel licence temporarily suspended100
Sch 1.4.1Navigating vessel in Napier Pilotage Area in breach of requirements100
Sch 1.4.2Impeding navigation within Napier Pilotage Area of vessels of 500 gross tonnes or more with a vessel less than 500 gross tonnes200
Sch 1.4.3(a), (b), (d), and (e)Failing to comply with radio clearance requirements for Breakwater Harbour and its Approach Channel100
Sch 1.4.3(c)Entering Breakwater Harbour by recreational craft while vessel manoeuvring in Harbour or its Approach Channel100
Sch 1.4.4Anchoring vessel or setting net, line, or crayfish pots in Breakwater Harbour or its Approach Channel100
Sch 1.5(d)Failing to comply with surfriding reserved area rules100
Sch 1.5(f)Anchoring vessel or setting net, line, or crayfish pots in designated access lane, reserved area, Inner Harbour and its Approach Channel, or Breakwater Harbour and its Approach Channel100
Sch 1.5(g)Operating powered vessel in Ahuriri Estuary upstream of Pandora Bridge without authorisation100
Sch 1.5(h)Kite surfing, paragliding, or taking part in other activity involving airborne people or equipment in Napier Pilotage area without authorisation200
Sch 2.1Exceeding 5 knots within 5 metres of Wairoa River Bank100
Sch 2.3Failing to comply with speed restrictions or travelling in Area C other than anticlockwise direction100
Sch 2.3 Area DUsing reserved area with other than specified vessels or exceeding 5 knots within reserve area100
Sch 2.3 Area FFailing to comply with speed restrictions during duck shooting or white-baiting seasons100
Sch 2.6Failing to keep vessel to starboard side of river channel, or, if going upstream, failing to give way to any vessel coming downstream, or operating vessel in unsafe river and weather conditions100

Schedule 2
Hawke's Bay Regional Navigation and Safety Bylaws infringement offence notice

r 5

.
.
.
  • The infringement notice in Schedule 2 was amended, as from 10 October 2006, by regulation 4 Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Amendment Regulations 2006 (SR 2006/256) by substituting the words Full address: for the expression Address:.

Diane Morcom,

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 28 days after the date of their notification in the Gazette, specify which breaches of the Hawke's Bay Regional Navigation and Safety Bylaws 2002 are infringement offences for the purposes of section 699A of the Local Government Act 1974. They also prescribe 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: 11 December 2003.


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: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003. It incorporates all the amendments to the regulations as at 6 November 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: Hawke's Bay Regional Council Navigation Safety Bylaws) Regulations 2008 (SR 2008/380): regulation 6