Local Government (Infringement Fees for Offences: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007

  • revoked
  • Local Government (Infringement Fees for Offences: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007: revoked, on 24 November 2016, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety Bylaw 2015) Regulations 2016 (LI 2016/246).

Reprint as at 24 November 2016

Coat of Arms of New Zealand

Local Government (Infringement Fees for Offences: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007

(SR 2007/52)

Local Government (Infringement Fees for Offences: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007: revoked, on 24 November 2016, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety Bylaw 2015) Regulations 2016 (LI 2016/246).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 5th day of March 2007

Present:
His 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, His 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: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007.

2 Commencement

These regulations come into force on 10 April 2007.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

provision means a provision of the Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety 2005.

(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

An 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 Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety 2005

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ProvisionDescription of offenceFee
($)
cl 2.1.1Failing to provide sufficient, and accessible, personal flotation devices100
cl 2.1.6Failing to ensure persons on board wear lifejackets in situations of danger or risk100
cl 2.1.7Failing to wear an appropriate personal flotation device while being towed or to ensure persons being towed wear personal flotation devices100
cl 2.2.1Diving, swimming, or other related activities in restricted areas without the Harbourmaster’s permission100
cl 2.3.1Operating a vessel’s propulsion system at a wharf or ramp in a way that may cause damage or injury100
cl 2.4.1Failing to keep an anchored or moored vessel in a serviceable and operational condition without the Harbourmaster’s permission200
cl 2.4.4Operating a vessel in breach of advice that the vessel is unseaworthy200
cl 2.5.1Impeding a seaplane that is landing or taking off200
cl 2.5.2Attempting to take-off or land, or taking off or landing, an aircraft in a waterway specified in Schedule 2, clause 1, without the Harbourmaster’s permission200
cl 2.6.1(a)Anchoring a vessel so as to cause an obstruction100
cl 2.6.1(b)Anchoring a vessel so as to create a hazard100
cl 2.6.3Placing an obstruction that is likely to restrict navigation, or cause injury or death to any person or damage to any vessel or property100
cl 2.7.2Failing to ensure that any lights of a marine farm or other structure are operational during the hours of darkness200
cl 2.7.4Having, on inspection, a structure or maritime facility that poses a danger to navigation100
cl 2.8.1Anchoring or mooring in a prohibited anchorage100
cl 2.9.1Failing to report, and provide full written details of, a collision or accident to the Harbourmaster200
cl 2.10.1Tying a vessel to a navigation aid without the required permission100
cl 2.10.2Damaging, removing, defacing, or interfering with a navigation aid100
cl 2.10.3Erecting, maintaining, or displaying a device that may be used as a navigation aid without the required permission100
cl 2.11.1Blowing or sounding a vessel’s whistle, siren, or horn in a harbour except as a navigation safety signal100
cl 3.1.2Permitting a person under 15 years of age to be in charge of, propel, or navigate a power driven vessel capable of exceeding 10 knots, without supervision100
cl 3.2.1(a)Exceeding 5 knots within 50 metres of another vessel or person200
cl 3.2.1(b)Exceeding 5 knots within 200 metres of shore or a structure200
cl 3.2.1(c)Exceeding 5 knots within 200 metres of a vessel displaying flag A200
cl 3.2.2Exceeding 5 knots while any part of a person is extended over the fore part, bow, or side of a vessel200
cl 3.2.3Allowing speed to exceed 5 knots while being towed in circumstances specified in clause 3.2.1200
cl 3.3.1Failing to ensure that the wake of a recreational craft does not cause unnecessary danger or risk of damage100
cl 3.4.1Towing a person at a speed exceeding 5 knots without a person on board 10 years of age or older and responsible for notifying mishap100
cl 3.4.2Allowing speed to exceed 5 knots while being towed without a person on board 10 years of age or older and responsible for notifying mishap100
cl 3.5.1Allowing towing between sunset and sunrise200
cl 3.5.2Being towed between sunset and sunrise200
cl 3.6.1Failing to navigate an access lane by the most direct route and on the side of the lane to the starboard of the vessel100
cl 3.6.3Proceeding dangerously in an access lane100
cl 3.6.4Obstructing a person using an access lane for its declared purpose100
cl 3.6.5Using an access lane for other than its declared purpose while it is being used for its declared purpose100
cl 3.8.1Exceeding 3 knots in anchorages or areas specified, and during periods specified, in Schedule 2, clause 4100
cl 3.8.2Exceeding 15 knots in the access lane between Grossi Point and Mapua Bar100
cl 3.9.1Obstructing a person using a reserved area for the purpose for which it is reserved100
cl 3.9.2Using a reserved area for another purpose while it is being used for a reserved purpose100
cl 3.9.5(b)Undertaking a prohibited activity in an area specified in Schedule 2, clause 5(c)100
cl 3.11.3Diving without flag A being clearly identifiable to vessels200
cl 3.11.4As master of a vessel from which diving is in progress, failing to ensure that flag A is clearly identifiable200
cl 3.16Failing to comply with Maritime Rule, Part 22: Collision Prevention100
cl 4.1.3Failing to have a marine structure inspected at the required frequency100
cl 4.1.4Failing to provide an inspection report to the Harbourmaster within the required time100
cl 4.1.7Unauthorised anchoring or mooring of a vessel or a raft in or over a mooring100
cl 4.3.1Failing to communicate with the Tarakohe Harbour Manager within the required time, before entering Tarakohe Harbour200
cl 5.4.1(a)Operating a commercial service without a council licence200
cl 5.7.2(a)Landing, placing, or leaving goods on a wharf or in a store without council permission200
cl 5.7.6(a)Placing or leaving decaying goods on a wharf or in a store200
cl 5.7.12Failing to obey the Harbourmaster’s orders in relation to a wharf, shed, mooring, anchorage, or harbour area or obstructing traffic or the movement of vessels200

Schedule 2 Form for Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety 2005 infringement offence notice

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Form Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety 2005 infringement offence notice

Section 699A, Local Government Act 1974

Notice No:
Enforcement authority

[Specify enforcement authority]

Person served
Name: [full name]
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 Tasman District 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 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 of this notice 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 to an enforcement authority 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.

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 on 10 April 2007, specify which breaches of the Tasman District Council Consolidated Bylaw, Chapter 5, Navigation Safety 2005 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 Legislation Act 2012.

Date of notification in Gazette: 8 March 2007.

Reprints notes
1 General

This is a reprint of the Local Government (Infringement Fees for Offences: Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations 2007 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—Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety Bylaw 2015) Regulations 2016 (LI 2016/246): regulation 6