Local Government (Infringement Fees for Offences: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009

  • revoked
  • Local Government (Infringement Fees for Offences: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009: revoked, on 25 December 2015, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Auckland Council Navigation Safety Bylaw 2014) Regulations 2015 (LI 2015/287).

Reprint as at 25 December 2015

Coat of Arms of New Zealand

Local Government (Infringement Fees for Offences: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009

(SR 2009/42)

Local Government (Infringement Fees for Offences: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009: revoked, on 25 December 2015, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Auckland Council Navigation Safety Bylaw 2014) Regulations 2015 (LI 2015/287).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of March 2009

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: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009.

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 Auckland Regional Council Navigation Safety Bylaw 2008.

(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.

Schedule 1 Infringement offences and fees under Auckland Regional Council Navigation Safety Bylaw 2008

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ProvisionDescription of offenceFee ($)
cl 1.1.4Failing to comply with a requirement of the Harbour Master, an enforcement officer, or an honorary enforcement officer 100
cl 2.1.1Failing to carry personal flotation devices on vessel as required100
cl 2.1.6Failing to ensure persons on board a vessel wear personal flotation device in situations of danger or risk100
cl 2.1.7Failing to ensure a person being towed is wearing a personal flotation device as required100
cl 2.2.1Swimming, diving, or jumping around or off wharves, jetties, or other area designated by the Harbour Master100
cl 2.3.1Operating a propulsion system while lying at a wharf or unloading100
cl 2.4.1Failing to keep a vessel in a seaworthy or serviceable condition100
cl 2.4.2Failing to remove an unseaworthy or unserviceable vessel in accordance with direction100
cl 2.4.3Operating an unseaworthy or unserviceable vessel100
cl 2.5.1Impeding the landing or taking off of a seaplane, helicopter, or other aircraft200
cl 2.5.2 Operating a seaplane, helicopter, or other aircraft in any area other than a reserved area without the Harbour Master’s prior approval100
cl 2.5.3Operating a seaplane, helicopter, or other aircraft from a vessel, wharf, jetty, platform, or structure within a coastal marine area without the Harbour Master’s prior approval100
cl 2.6.1Anchoring a vessel so as to obstruct approach to wharf, pier, jetty, or boat ramp100
cl 2.6.2Failing to adequately moor or secure a vessel100
cl 2.6.3Cutting, breaking, destroying, or unlawfully detaching a vessel’s mooring or fastening100
cl 2.7.1Anchoring or mooring in prohibited anchorage100
cl 2.7.2Anchoring or mooring in a restricted anchorage and failing to keep a vessel ready for departure or failing to have an anchor watch on board100
cl 2.8.1Obstructing navigation of a waterway100
cl 2.8.2Placing an obstruction in waters that is liable to restrict navigation, cause loss of life or injury, or cause damage100
cl 2.8.3Leaving equipment extended over the side of a vessel so as to create a hazard100
cl 2.9.1Failing to notify a collision or accident as required100
cl 2.10.1Tying up to a navigation aid without prior permission of the Harbour Master200
cl 2.10.2Damaging, removing, defacing, or interfering with a navigation aid or warning200
cl 2.10.3Erecting, maintaining, or displaying a beacon, buoy, or other device that may be used as, or mistaken for, a navigation aid without prior permission200
cl 2.11.1Fitting vessels with unauthorised lights, sirens, or other sound or lights signals100
cl 2.11.2Unauthorised use of blue flashing lights100
cl 2.11.3Unauthorised use of purple flashing lights100
cl 2.11.5Failing to use orange flashing lights on a fast passenger ferry100
cl 2.11.6Using whistles, sirens, or horns in a manner that could adversely affect the navigation safety of other vessels100
cl 2.12.2Unauthorised activities within a flagged area100
cl 2.13.1Discharging, dropping, or causing anything to be discharged or dropped from a vessel, wharf, or land that results in, or may result in, danger to navigation100
cl 2.14.1Failing to identify a vessel with a marked name or similar identity mark100
cl 2.15.1Failing to carry an appropriate means to navigate safely100
cl 2.16.1Failure to display a unique personal water craft number correctly100
cl 2.16.1Failing to register a unique personal water craft number with the council together with the name and address of owner100
cl 3.1.2Owner allowing a person under the age of 15 years to operate a vessel capable of exceeding 10 knots200
cl 3.2.1Exceeding the speed limit in certain conditions200
cl 3.2.2Propelling a vessel while a person is sitting in specified areas on the vessel100
cl 3.2.3Allowing oneself to be towed in certain conditions200
cl 3.2.4Failing to recover a water ski or similar object from the water100
cl 3.3.1Towing a person without a person responsible for notifying a mishap200
cl 3.3.2Causing or allowing oneself to be towed without a person responsible for notifying a mishap200
cl 3.4.1Waterskiing or towing between sunset and sunrise200
cl 3.4.2Allowing oneself to be towed between sunset and sunrise200
cl 3.6Engaging in dangerous or obstructive conduct in an access lane200
cl 3.9.1Failing to reserve an area for a race, trial, competition, or other event within areas specified in Schedule 7.1.17100
cl 3.9.1Failing to obtain prior approval for a race, trial, competition, or other event within areas specified in Schedule 7.1.17100
cl 3.9.2Failing to reserve an area or obtain a speed uplifting for a race, trial, competition, or other event100
cl 3.10.1Obstructing a person while that person is using a reserved area for the purpose for which it was reserved100
cl 3.10.2Entering, remaining in, or using a reserved area other than for the purpose for which it was reserved, while that area is in use for its reserved purpose100
cl 3.12.1Operating a vessel in breach of Maritime Rule 22 (Collision Prevention)200
cl 3.13.1Impeding the navigation of a vessel over 500 gross tonnage200
cl 3.14.3Navigating a vessel within the moving prohibited zone of a vessel of 500 gross tonnage or greater200
cl 3.15.1Failure by a master to display flag A when diving is in operation200
cl 3.15.2Failure by a person diving from a vessel to display flag A when diving is in operation200
cl 3.16.2Fishing, anchoring, or otherwise impeding the passage of a fast ferry in the Motuihe Channel 200
cl 3.16.3Failing to use the Motuihe Channel fast passenger ferry lane as described200
cl 3.17.2Exceeding 12 knots or using an automatic steering device in the Waitemata Harbour restricted zone200
cl 3.18.2Impeding the passage of another vessel, anchoring, or fishing in the harbour bridge precautionary area200
cl 3.19.1Failing to report inoperative or malfunctioning navigational or manoeuvring equipment200
cl 3.19.2Unauthorised navigating with inoperative navigational or manoeuvering equipment200
cl 3.20.2Exceeding 5 knots in the Kawau Island restricted speed area200
cl 3.21.2Unauthorised entry to the area in the Auckland ferry terminal basin200
cl 3.22.1Any pilot or pilot exempt master failing to be trained or not operating as required100
cl 3.22.2Failing to complete ongoing training or audits100
cl 3.22.4Failing to operate in accordance with an approved operating manual100
cl 3.22.9Failing to use an approved passage plan100
cl 3.22.10Failing to ensure adequate crew members on bridge to carry out a passage plan100
cl 3.22.12Failing to navigate within a marked channel100
cl 3.23.1Failing to operate a commercial fast vessel in accordance with a Navigation Safety Operating Plan when required 200
cl 3.23.2Failing to operate a commercial fast vessel in accordance with a Navigation Safety Operating Plan200
cl 3.23.3Operating a commercial fast vessel in fog without prior approval from the Harbour Master200
cl 3.24.1Unauthorised entry of a vessel of 500 gross tonnage or more or 40 m or more in length in any areas of restricted access for large vessels200
cl 3.25.1Propelling a recreational vessel so that its wake causes unnecessary danger, damage, or harm100
cl 3.26.1Failing to use an operational automatic identification system in declared fog conditions200
cl 3.26.2Failing to utilise a pilot if the vessel is not fitted with an operational automatic identification system200
cl 3.27.1Unauthorised crossing between sunset and sunrise of the Manukau Harbour bar200
cl 3.28.1Placing a mooring, or mooring in any waters, without approval of the Harbour Master200
cl 4.1Failing to operate in accordance with the explosives safety requirements200
cl 4.2Failing to observe duties with respect to explosives cargo200
cl 4.2.2Failing to remain 200 m or greater from a vessel carrying or loading explosives as cargo200
cl 4.3.1Failing to display flag B or a red light on an oil tanker at night200
cl 4.4Failure of a tanker to observe duties while in port200
cl 4.5.1Unauthorised lying by an oil tanker within 30 m of another vessel200
cl 4.6Failing to notify the Harbour Master of hot work operations or failure to operate in accordance with that notification200
cl 4.7.1Failing to notify the Harbour Master of the carriage of dangerous goods prior to a vessel’s arrival100
cl 4.7.2Failing to notify the Harbour Master of the carriage of dangerous goods prior to a vessel’s departure100
cl 4.8.1Failing to notify the Harbour Master of fuel oil operations and bunkering100
cl 4.8.2Failing to ensure the receipt of an acknowledgement of written notification of fuel oil operations and bunkering100
cl 4.8.3Failing to notify the Harbour Master of fuel oil operations and bunkering100
cl 5.2Failing to license a commercial vessel200
cl 5.2.1Operating a commercial vessel for hire or reward not subject to Maritime Rules without a licence200

Schedule 2 Form of notice for Auckland Regional Council Navigation Safety Bylaw 2008 infringement offence

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Form Auckland Regional Council Navigation Safety Bylaw infringement offence notice

Section 699A, Local Government Act 1974

Notice No:

Enforcement authority

[Specify enforcement authority.]

To

Full name:

Full address:

Occupation:

Date of birth:

Marine document No (if applicable):

Alleged infringement offence(s) details

Date:

Time:

Place:

Vessel name:

Vessel description:

For each offence, specify the following:
Bylaw offence
provision
OffenceInfringement fee
payable ($)
Time for payment of infringement fee(s)

The infringement fee(s) is/are* payable to the enforcement authority within 28 days after [date this notice is delivered personally, or served by post].

*Select one.
To whom payable

The infringement fee(s) is/are* payable to [specify address of enforcement authority].

*Select one.
Method of payment

Please present this notice, or a copy of this notice, when making payment.

Cheques or money orders must be made out to [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 Auckland Regional Council.

Important

Please read the statement of rights below.

Statement of rights

If, after reading this statement, there is anything in it 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 (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with an informant 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 may be made at the places indicated 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 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 a letter to the enforcement authority at the address shown on the front page of this notice 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).

The letter must be signed by you and delivered to the enforcement authority at the address specified in this infringement notice and in a reminder notice in respect of the offence before or within 28 days after the service of the reminder notice, or within such further time as the enforcement authority may allow.

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

Unless the enforcement authority decides otherwise, you will be served with a reminder notice if, within 28 days after being served with this notice, you do not—

(a)

pay the infringement fee; or

(b)

deliver to the enforcement authority at its address specified in this notice a letter requesting a hearing of the offence.

8

Unless the enforcement authority decides not to commence proceedings against you, you will become liable to pay costs in addition to the infringement fee if, within 28 days after being served with a reminder notice, you do not—

(a)

pay the infringement fee; or

(b)

deliver to the enforcement authority at its address specified in the reminder notice a letter requesting a hearing of the offence.

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 full 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 on the front of this notice.

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.

Michael Webster,
for 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 the 28th day after the date of their notification in the Gazette, specify which breaches of the Auckland Regional Council Navigation Safety Bylaw 2008 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: 12 March 2009.

Reprints notes
1 General

This is a reprint of the Local Government (Infringement Fees for Offences: Auckland Regional Council Navigation Safety Bylaw 2008) Regulations 2009 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—Auckland Council Navigation Safety Bylaw 2014) Regulations 2015 (LI 2015/287): regulation 6