Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Regulations 2006

Reprint
as at 18 December 2009

Crest

Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Regulations 2006

(SR 2006/69)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 27th day of March 2006

Present:
Her Excellency the Governor-General in Council


Note

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

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

The Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Regulations 2006 are administered by the Department of Internal Affairs.


Pursuant to section 699A(2) 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: Wellington Regional Navigation and Safety Bylaws) Regulations 2006.

2 Commencement
  • These regulations come into force on 8 May 2006.

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

    provision means a provision of the Wellington Regional Navigation and Safety Bylaws 2003.

    (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: Wellington Regional Navigation and Safety Bylaws) Regulations 2002 (SR 2002/91) are revoked.


Schedule 1
Infringement offences and fees under Wellington Regional Navigation and Safety Bylaws

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  • Schedule 1: substituted, on 18 December 2009, by regulation 4 of the Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Amendment Regulations 2009 (SR 2009/415).

ProvisionDescription of offenceFee
($)
cl 2.1.1Failing to carry lifejackets as required100
cl 2.1.5Towing person who is not wearing lifejacket or failing to wear lifejacket while being towed100
cl 2.1.7Failing to ensure all persons in a vessel under 6 metres are wearing a life jacket100
cl 2.1.8Failing to require persons on board to wear lifejackets where danger or risk to their safety200
cl 2.2.1Diving or swimming around wharves or ramps without permission100
cl 2.2.2Failing to display flag A when diving or swimming around wharves or ramps200
cl 2.3.1Operating propulsion system of vessel at wharf or ramp in way that may cause damage or injury100
cl 2.3.2Failing to take specified precautions when testing propulsion system100
cl 2.4.1Failing to keep vessel in seaworthy condition100
cl 2.4.4Operating an unseaworthy vessel200
cl 2.5Impeding seaplane when it is landing or taking off200
cl 2.6.1Anchoring vessel so as to cause obstruction or hazard100
cl 2.6.2Cutting, breaking, destroying, or unlawfully detaching mooring or fastening100
cl 2.6.3Failing to provide safe means of access to vessel200
cl 2.6.4Failing to ensure vessel securely fastened or to have person keep watch if required100
cl 2.7Anchoring in prohibited anchorage100
cl 2.8.1Obstructing access by water to wharf, landing place, boat ramp, slipway, or mooring100
cl 2.8.2Placing obstruction in water if liable to restrict navigation or cause damage or injury200
cl 2.9.1Operating a vessel in breach of Part 22 of the Maritime Rules (Collision Prevention)200
cl 2.10.1Failing to notify Harbourmaster of collision or accident200
cl 2.11.1Tying up to navigation aid or warning without permission100
cl 2.11.2Damaging, removing, defacing, or interfering with navigation aid or warning200
cl 2.11.3Erecting, maintaining, or displaying navigation aid without permission200
cl 2.12.1Using flashing light without permission100
cl 2.13Sounding whistle in breach of requirements100
cl 2.14.1Making distress signal in breach of requirements200
cl 2.15Not having a means of attracting attention if in distress100
cl 3.1.2Allowing under-aged person to operate powered vessel100
cl 3.2.1Exceeding 5 knots close to person, structure, shore, or other vessel200
cl 3.2.2Exceeding 5 knots while persons have portion of body extended over side of vessel100
cl 3.2.3Exceeding 5 knots while being towed close to person, structure, shore, or other vessel200
cl 3.2.4Failing to recover water ski100
cl 3.2.8Failing to ensure wake does not cause unnecessary danger or risk of damage to other person, vessel, or structure200
cl 3.3.3Showing navigation lights that do not comply with requirements200
cl 3.4.1Diving from vessel without flag A being displayed200
cl 3.4.2Failing to display flag A while diving from vessel in progress200
cl 3.4.3Displaying flag A of less than required size100
cl 3.5.1Towing person without lookout100
cl 3.5.2Being towed without lookout100
cl 3.6.1Towing person between sunset and sunrise200
cl 3.6.2Being towed between sunset and sunrise200
cl 3.7.1Failing to take most direct route through access lane100
cl 3.7.3Proceeding dangerously in access lane200
cl 3.7.4Obstructing person in access lane200
cl 3.7.5Using access lane improperly100
cl 3.9.1Obstructing person in reserved area200
cl 3.9.2Using reserved area for purpose other than reserved purpose200
cl 3.10.2Carrying out an activity in a flagged area other than the activity for which the area has been flagged200
cl 3.12.1Placing mooring without licence100
cl 3.12.10Disposing of mooring or allowing other vessel to use mooring without permission100
cl 4.1.1Failing to comply with requirements for a vessel carrying or intending to load explosives200
cl 4.2Vessel carrying Dangerous Goods not displaying flag B or red light100
cl 4.3Approaching within 200 metres of vessel showing flag B or red all-round light100
cl 4.4.2Failing to comply with duties of a Master of a tanker100
cl 4.6.1Failing to obtain permit before carrying out hot work200
cl 4.6.2Failing to take appropriate precautions when carrying out hot work200
cl 4.6.3Commencing hot work without having seen and understood current permit200
cl 4.6.5Commencing hot work before Harbourmaster satisfied that conditions of permit met200
cl 4.7.1Discharging or dropping cargo that constitutes a hazard to navigation200
cl 5.4.1Operating certain commercial vessels without commercial vessel licence100
cl 5.4.2Operating certain commercial vessels while commercial licence suspended100
cl 6.1.1Failing to comply with radio reporting requirements200
cl 6.1.3Transiting harbour entrance during hours of darkness or restricted visibility without ability to communicate with Wellington Harbour Radio200
cl 6.1.4Failing to follow recommended tracks200
cl 6.1.5Failing to join leading line or leading lights as required200
cl 6.1.7Failing to keep listening watch when transiting entrance200
cl 6.2.1Failing to maintain listening watch on commercial vessel200
cl 6.2.2Failure to keep listening watch in restricted visibility or darkness200
cl 6.2.3Failing to comply with specified requirements for navigating in Wellington Harbour200
cl 6.2.4Failing to use all fitted navigational aids200
cl 6.2.5Having insufficient bridge crew200
cl 6.2.8Failing to keep sufficient distance off Kau Point and/or Point Gordon200
cl 6.2.9Failing to make sound signal before leaving berth100
cl 6.3.1Navigating small vessel so as to impede navigation of any vessel of 500 gross tonnage or more200
cl 6.3.2Anchoring too close to recommended tracks100
cl 6.4.1Failing to call prior to planned departure200
cl 6.4.2Failing to report that berth or anchorage cleared200
cl 6.4.3Failing to report that secured at different berth or anchorage100
cl 6.6Failing to use specified navigational document in certain parts of Wellington Harbour200
cl 6.7Failing to report before entering Evans Bay if height of vessel exceeds 24 metres200
cl 6.8.1Exceeding speed limit in Lambton Harbour area200
cl 6.8.3Failing to comply with Harbourmaster's instruction not to exceed specified speed200
cl 6.9Operating non-commercial vessel in commercial area without permission100

Schedule 2
Form for Wellington Regional Navigation and Safety Bylaws infringement offence notice

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Form
Wellington Regional Navigation and Safety Bylaws infringement offence notice

Section 699A, Local Government Act 1974

Notice No: 
Enforcement authority 
[Specify enforcement authority] 
Person served 
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 ($)
   
   
   
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].

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 Wellington Regional Council.

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

If, after reading this statement, there is anything in it that you do not understand, 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 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 being served with this notice, no further enforcement action will be taken for that offence. Payments must be made at the address shown 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 being served with 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 you are served with 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 on the front of this notice.

  • Schedule 2 form: amended, on 10 October 2006, by regulation 4 of the Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Amendment Regulations 2006 (SR 2006/261).

Rebecca Kitteridge,
Acting for Clerk of the Executive Council.


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

Date of notification in Gazette: 30 March 2006.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Regulations 2006. The reprint incorporates all the amendments to the regulations as at 18 December 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).