Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Regulations 2004

  • revoked
  • Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Regulations 2004: revoked, on 25 December 2015, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Gisborne District Navigation and Safety Bylaw 2012) Regulations 2015 (LI 2015/288).

Reprint as at 25 December 2015

Coat of Arms of New Zealand

Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Regulations 2004

(SR 2004/388)

Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Regulations 2004: revoked, on 25 December 2015, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Gisborne District Navigation and Safety Bylaw 2012) Regulations 2015 (LI 2015/288).

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 8th day of November 2004

Present:
Her Excellency the Governor-General in Council

Note

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

Regulations

1 Title

These regulations are the Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Regulations 2004.

2 Commencement

These regulations come into force on 9 December 2004.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

provision means a provision of the Gisborne District Navigation and Safety Bylaw 2004.

(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 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.

6 Revocation

The Local Government (Infringement Fees for Offences: Gisborne District Navigation Bylaw) Regulations 1999 (SR 1999/356) are revoked.

Schedule 1 Infringement offences and fees under Gisborne District Navigation and Safety Bylaw 2004

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ProvisionDescription of offenceFee
($)
cl 2.1.1Failing to carry sufficient life jackets200
cl 2.1.4Failing to ensure persons on board pleasure craft wear life jackets or buoyancy aids200
cl 2.1.5Failing to wear life jacket or buoyancy aid while being towed200
cl 2.2.1Diving, swimming, or other related activities near jetty, wharf, or quay100
cl 2.3.1Operating propulsion system of vessel at wharf or ramp in a way that may cause damage or injury100
cl 2.4.1Failing to keep vessel in serviceable and operational condition100
cl 2.5.1Impeding landing or taking off of seaplane200
cl 2.5.2Taking off or landing aircraft on navigable waterway100
cl 2.6.1Anchoring vessel so as to cause obstruction300
cl 2.6.2Cutting, breaking, destroying, or unlawfully detaching moorings or fastenings of vessel200
cl 2.7.2Damaging, removing, defacing, or interfering with buoy, beacon, or other navigation device200
cl 2.9.1Obstructing access by water to wharf, landing place, boat ramp, slipway, fuel berth, or mooring300
cl 2.9.2Placing obstruction in waters if liable to restrict navigation, injure persons or damage property300
cl 2.9.3Placing obstruction in set net and crayfish pot exclusion area300
cl 2.10.1Blowing or sounding whistle, siren, or horn200
cl 2.11.1Failing to show navigation lights in darkness or low visibility200
cl 2.11.2Failing to show white light while at anchor during darkness200
cl 2.12.1Anchoring vessel within prohibited anchorage area200
cl 2.13.1Navigating vessel with mast or superstructure over 15 m within aircraft approach area200
cl 3.1.2Permitting person under 15 years to propel or navigate powered vessel100
cl 3.2.1Exceeding 5 knots in specified areas200
cl 3.2.2Exceeding 5 knots while any part of a person is extended over fore part, bow, or side of vessel200
cl 3.2.3Exceeding 5 knots while being towed in specified areas100
cl 3.2.4Failing to recover dropped water ski or similar object100
cl 3.2.6Failing to ensure wake does not cause danger or risk of damage to other vessel, person, or structure100
cl 3.3.1Towing a person without a person on board responsible for notifying a mishap100
cl 3.3.2Being towed without a person on board responsible for notifying a mishap100
cl 3.4.1Towing a person between sunset and sunrise100
cl 3.4.2Being towed between sunset and sunrise100
cl 3.6.1Failing to navigate access lane by most direct route and on starboard side of lane100
cl 3.6.2Failing to travel through access lane by most direct route and on starboard side of lane while being towed100
cl 3.6.3Proceeding dangerously in access lane100
cl 3.6.4Obstructing person using access lane300
cl 3.6.5Using access lane other than for declared purpose100
cl 3.6.6Using access lane other than for declared purpose while it is being used by 1 or more persons100
cl 3.7.2Obstructing person using reserved area100
cl 3.7.3Using reserved area for purpose other than reserved purpose100
cl 3.9.1Operating personal water craft without unique identification number being marked or affixed100
cl 3.9.6Transferring, removing, altering, or masking identification number100
cl 3.10.1Impeding navigation of vessel over 500 tonnes within Gisborne Pilotage Area200

Schedule 2 Gisborne District Navigation and Safety Bylaw Infringement Offence Notice

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Section 699A, Local Government Act 1974

Notice No:

Enforcement authority

[Specify enforcement authority.]

Person served

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
provision
OffenceInfringement 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] at the following address: [specify address of enforcement authority].

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 Gisborne District Council.

Important: Please read the following statement of rights:
Statement of rights

If, after reading this statement, you do not understand anything in it, 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 section 21(3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with the enforcement authority 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 must be made at the address indicated above.

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 above 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 the court to consider.

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

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 above.

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.

Schedule 2: amended, on 10 October 2006, by regulation 4 of the Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Amendment Regulations 2006 (SR 2006/255).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 November 2004.

Reprints notes
1 General

This is a reprint of the Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) 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, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Maritime Transport (Infringement Fees for Offences—Gisborne District Navigation and Safety Bylaw 2012) Regulations 2015 (LI 2015/288): regulation 6

Local Government (Infringement Fees for Offences: Gisborne District Navigation and Safety Bylaw) Amendment Regulations 2006 (SR 2006/255)