Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004

Reprint
as at 23 October 2013

Coat of Arms of New Zealand

Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004

(SR 2004/140)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 24th day of May 2004

Present:
The Right Hon Helen Clark presiding in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Department of Internal Affairs.


Pursuant to section 650I(5) and (6) 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.

Regulations

1 Title
  • These regulations are the Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004.

2 Commencement
  • These regulations come into force on 1 July 2004.

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

    berthing facility means a wharf, jetty, breastwork, or similar work owned by the Crown or administered by the Secretary

    berthing permit means a permit issued under regulation 7

    commercial vessel means a craft—

    • (a) available for charter; or

    • (b) operating for hire or reward

    craft means—

    • (a) any thing capable of being used to carry a person or goods over or under water, whether or not it is self-propelled:

    • (b) an aircraft as defined in section 2 of the Civil Aviation Act 1990:

    • (c) a hovercraft

    Crown facility means a maritime facility that is owned by the Crown or administered by the Secretary

    enforcement officer means a person appointed to be an enforcement officer for the lake under Part 3A of the Maritime Transport Act 1994

    fee means the fee for the relevant permit set out in Schedule 1

    harbourmaster means a person appointed to be a harbourmaster for the lake under Part 3A of the Maritime Transport Act 1994

    hovercraft means a machine designed to be supported in the atmosphere, wholly or partly by air expelled from the machine that forms a cushion extending beneath the machine to the surface of the ground, water, or other portion of the earth's surface

    lake means—

    • (a) the waters of Lake Taupo; and

    • (b) the navigable rivers and streams flowing into that lake; and

    • (c) the tailrace from the Tokaanu power station; and

    • (d) the waters of the Waikato River between Lake Taupo and the Huka Falls

    other facilities means maritime facilities or maritime works associated with berthing facilities, eg, sanitary pump stations and fueling facilities

    ramp, in relation to the lake, means any structure that is—

    • (a) provided for launching craft into the lake or taking craft out of the lake; and

    • (b) owned by the Crown or administered by the Secretary

    ramp permit means a permit issued under regulation 4 for the use of a ramp to launch a craft into the lake or take it out of the lake

    rental vessel means a craft—

    • (a) operated by the hirer; and

    • (b) available to be let on hire or for reward

    Secretary means the Secretary for Local Government.

    Regulation 3 enforcement officer: amended, on 23 October 2013, by section 90 of the Maritime Transport Amendment Act 2013 (2013 No 84).

    Regulation 3 harbourmaster: amended, on 23 October 2013, by section 90 of the Maritime Transport Amendment Act 2013 (2013 No 84).

4 Permit required to use ramp
  • A person must not use a ramp to launch a craft into the lake or take it out of the lake unless there is a valid ramp permit for that craft.

5 Authority to issue ramp permit
  • The Secretary or the harbourmaster may—

    • (a) issue any of the ramp permits set out in Schedule 1; and

    • (b) authorise any person to issue any of the ramp permits set out in Schedule 1.

6 Permit required to use berthing facility
  • (1) A person must not berth a craft at a berthing facility unless there is a valid berthing permit for that craft.

    (2) Application for a berthing permit must be made in the form prescribed in Schedule 2.

7 Issue of berthing permit
  • (1) The harbourmaster may issue any of the berthing permits set out in Schedule 1.

    (2) If there is more than 1 application for a berthing permit for a berthing facility, the harbourmaster must accord priority—

    • (a) first, to the holder of the previous valid permit for that berthing facility:

    • (b) second, to applications for permits for commercial or rental vessels, in order of their receipt:

    • (c) third, to other applications, in order of their receipt.

    (3) Subclause (2) applies only to applications for a 12-month berthing permit.

    (4) Despite subclause (2), the harbourmaster may grant a berthing permit only if he or she is satisfied that the craft can be safely and conveniently berthed at the specified berthing facility.

8 Conditions applying to berthing permits
  • (1) It is a condition of every berthing permit that—

    • (a) fenders must be used that are adequate to protect the berthing facility; and

    • (b) when berthed, the craft must be adequately secured to the berthing facility.

    (2) The harbourmaster may impose other conditions on a berthing permit that are reasonably necessary to protect it and other facilities.

    (3) Conditions imposed under subclause (2) must be—

    • (a) attached to the permit when it is issued; or

    • (b) in the case of conditions imposed after a permit has been issued,—

      • (i) provided to the permit holder in writing; or

      • (ii) notified to permit holders by suitable signs or notices.

9 Cancellation of berthing permits
  • The harbourmaster may cancel a berthing permit if a condition of the berthing permit is breached, but must refund the proportion of any fee paid for the permit that corresponds to the period for which, but for its cancellation, the permit would have been valid.

10 Modification of berthing permit
  • (1) No berthing permit may be transferred, assigned, or hired under any rule of law or equity.

    (2) A purported transfer, assignment, or hiring of a berthing permit is void.

    (3) However, the harbourmaster may modify a valid berthing permit so that it applies,—

    • (a) with the consent of the holder,—

      • (i) to another craft:

      • (ii) to another berthing facility:

    • (b) without the consent of the holder, to another berthing facility, if the harbourmaster considers it is desirable to do so to manage efficiently the use of berthing facilities.

11 Berthing facility that becomes unusable
  • (1) If a berthing facility becomes unusable, the harbourmaster must,—

    • (a) if practicable, modify the berthing permit for that berthing facility, in accordance with regulation 10(3)(b); or

    • (b) if the harbourmaster does not act under paragraph (a), refund a proportion of the fee paid that corresponds to the period that the berthing facility was unusable.

    (2) Subclause (1) does not apply unless a berthing facility is unusable for more than 30 consecutive days.

    (3) For the purposes of this section, a berthing facility is unusable if it is not safe or practicable to use it because of—

    • (a) its physical condition (other than a condition caused by the holder of the berthing permit or the user of a craft for which a berthing permit is issued):

    • (b) any action taken by the harbourmaster:

    • (c) the level of the lake.

12 Validity of permits
  • Any ramp permit or berthing permit is valid—

    • (a) for the period set out in Schedule 1 for the relevant type of permit; and

    • (b) if the fee for that type of permit has been paid,—

      • (i) in the case of a ramp permit, to the harbourmaster or a person authorised to issue a permit under regulation 5(b):

      • (ii) in the case of a berthing permit, to the harbourmaster.

13 Offences and penalties
  • (1) Every person commits an offence and is liable on conviction to the penalty set out in regulation 14 who uses a ramp to launch a craft into the lake or take a craft out of the lake and fails to produce a valid ramp permit when requested to do so by the harbourmaster or an enforcement officer.

    (2) Every person commits an offence and is liable on conviction to the penalty set out in regulation 14 who berths a craft at a berthing facility if there is no valid berthing permit for that craft to use that berthing facility.

    Regulation 13(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 13(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

14 Penalty
  • Every person convicted of an offence under regulation 13 is liable to a fine not exceeding $500 and, in the case of a continuing offence under regulation 13(2), $50 for each day on which the offence continues.

15 Fees
  • (1) The fees for ramp permits and berthing permits are set out in Schedule 1.

    (2) The prescribed fees are inclusive of goods and services tax.


Schedule 1
Fees for use of Crown facilities

rr 3, 15

  • Schedule 1: replaced, on 27 July 2012, by regulation 4 of the Lake Taupo (Crown Facilities, Permits and Fees) Amendment Regulations 2012 (SR 2012/187).

The fees for permits to use Crown facilities in the lake are as follows:

Type of permit Period for which issued Fee per craft
($)
Ramp permit for any ramp in lake up to 24 hours 5.00
  2 weeks 35.00
  1 year 90.00
Berthing permit
(short term, at any Crown facility)
 1 week 100.00
  1 month 200.00
Berthing permit (long term) From 27 July 2012
($)
 From 1 July 2013
($)
 From 1 July 2014
($)
Taupo and Nukuhau— (i) parallel and more than 12.5 m in length 2,700.00 4,000.00  
  (ii) parallel and 12.5 m in length 2,200.00 3,500.00  
  (iii) parallel and less than 12.5 m in length 150.00 per metre 280.00 per metre  
  (iv) bow-in and 3 m or more in width (jetty included) 1,500.00 2,700.00  
  (v) bow-in and 3 m or more in width (jetty not included) 1,260.00 2,300.00  
  (vi) bow-in and less than 3 m in width (jetty included) 1,000.00 1,800.00  
  (vii) bow-in and less than 3 m in width (jetty not included) 820.00 1,500.00  
Motuoapa— (i) bow-in and 3 m or more in width (jetty not included) 610.00 730.00 1150.00
  (ii) bow-in and less than 3 m in width (jetty not included) 450.00 600.00 750.00
Tokaanu (i) bow-in and 3 m or more in width (jetty included) 1,500.00 1,500.00 1,500.00
  (ii) bow-in and less than 3 m in width (jetty included) 1,000.00 1,000.00 1,000.00
  • Schedule 1: amended, on 26 September 2013, by regulation 4 of the Lake Taupo (Crown Facilities, Permits and Fees) Amendment Regulations 2013 (SR 2013/393).

Schedule 2
Application for berthing permit

r 6

Form
Application for berthing permit

Regulation 6, Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004

(Before completing this form please read the notes at the end of the form)
ToDepartment of Internal Affairs Phone (07) 378 7176
 PO Box 256 Fax (07) 378 2718
 Taupo  
Applicant(s):  Initials: 
    Initials: 

(see note 3)

Address: 
  
Telephone numbers:

Private:...................................................................

Business:...................................................................

Mobile:...................................................................

Berth area applied for (only 1 area per application)

(delete 2 that are not applicable):

Taupo

Motuoapa

Tokaanu

Intended use of craft (delete whichever is not applicable):

Commercial (see notes 1 and 2)

Private (see note 1)

Annual (annual permit will be held on an ongoing basis subject to the holder paying the appropriate annual fee each year)

Temporary

Details of craft (see note 4)

Type:

Draught (metres):

Colour:

Length (metres):

Beam (metres):

Name:

Applicant's signature: ...................................................................

Date: ...................................................................

Accounting details:
Charge for berth$ 
Receipt number:   
Supporting documents checklist

Regulation 6, Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004

Boating on Lake Taupo

Fees:...................................................................
 
Cheque:...................................................................
 
Cash:...................................................................
 
Other:...................................................................
 
For office use only

Unique identification code (for all future inquiries)

Site allocated:  
Previous occupation:  
Allocation date:  
Berth category:  
Invoice issued:  
Card made out:  
Entered on database:  
Entered on waiting list:  
Permit issued:  
- - - - - - - - - - - - - - - - - - - (cut here) - - - - - - - - - - - - - - - - - - - - - -
Date of receipt:...................................................................
 
Date stamp:...................................................................
 
Code number allocated for future reference and Privacy Act compliance (see note 7)

Please retain and produce when requesting position on waiting list, etc.

Unique identification code (for all future inquiries)
Receiving officer 
Signed:...................................................................
 
Date: ...................................................................
 
Regulations explained in detail.
Briefing DIA officer (normally harbourmaster)
Signed:...................................................................
 
Date: ...................................................................
 
Notes:
  • 1This application and any permit issued are invalid if changes are made, after receipt of the application, to the—

    • type of craft:

    • intended use (ie, commercial or private):

    • applicant's identity.

  • 2The transfer of a berthing facility by a commercial operator on the sale of a business is only permitted if the operator is a limited liability company and was so at the time of the original berth application.

  • 3An applicant must be a natural or legal person and a permit cannot be issued to bodies with no legal status.

  • 4A berthing facility can only be applied for if the size and type of craft is stated on the application. A change to a craft of different dimensions renders this application invalid. A fresh application is required and a new fee is payable.

  • 5Your acceptance is required immediately you are advised that a berthing facility has been allocated to you. The craft must be ready to occupy the berthing facility. If it is not, or if you decline the berthing facility offered, your application goes to the bottom of the list. If you request another berthing facility after being allocated one, you must make a fresh application and pay the appropriate fee.

  • 6Once allocated, a berthing facility is not transferable. If you change or vary the ownership of the craft, you may have to vacate the existing berthing facility and make a fresh application for a berthing permit. However, this does not prevent a permit holder from planning to acquire a craft not suitable for the existing berthing facility or from applying for an additional berthing facility, while remaining in the existing berthing facility with the original craft until the application is decided.

  • 7Privacy Act 1993: The particulars in this form that relate to individuals is personal information in terms of the Privacy Act 1993. This information is collected by the Lake Taupo harbourmaster so that your application for a berthing facility can be considered under the Lake Taupo (Crown Facilities, Permits, and Fees) Regulations 2004. You have the right to access and correct this personal information. The use of unique identifiers is necessary to ensure that your privacy is protected while allowing us to operate efficiently.

  • Schedule 2 form: amended, on 27 July 2012, by regulation 5 of the Lake Taupo (Crown Facilities, Permits and Fees) Amendment Regulations 2012 (SR 2012/187).

Diane Morcom,
Clerk of the Executive Council.


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

Date of notification in Gazette: 3 June 2004.


Reprints notes
1 General
  • This is a reprint of the Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint