Local Government (Infringement Fees for Offences: Queenstown Lakes District Navigation Safety Bylaw 2009) Regulations 2009

Reprint
as at 23 October 2013

Coat of Arms of New Zealand

Local Government (Infringement Fees for Offences: Queenstown Lakes District Navigation Safety Bylaw 2009) Regulations 2009

(SR 2009/412)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 14th day of December 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 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: Queenstown Lakes District Navigation Safety Bylaw 2009) Regulations 2009.

2 Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

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

    bylaw means the Queenstown Lakes District Navigation Safety Bylaw 2009

    Council means the Queenstown Lakes District Council

    craft means a vessel, raft, waterboard of any description, aircraft, or amphibious motorised vehicle

    honorary enforcement officer means a person appointed as an honorary enforcement officer under Part 3A of the Maritime Transport Act 1994

    maritime rule means a maritime rule made under the Maritime Transport Act 1994

    provision means a provision of the bylaw.

    (2) The descriptions of offences given in the second column of the table in 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.

    Regulation 3(1) honorary enforcement officer: amended, on 23 October 2013, by section 90 of the Maritime Transport Amendment Act 2013 (2013 No 84).

4 Infringement offences and fees
  • (1) A breach of a provision specified in the first column of the table in 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 the table in Schedule 1.

5 Infringement notice
  • Every infringement notice in respect of an infringement offence against a provision specified in the first column of the table in Schedule 1 must be in the form set out in Schedule 2.


Schedule 1
Infringement offences and fees under Queenstown Lakes District Navigation Safety Bylaw 2009

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ProvisionDescription of offenceFee ($)
2.1.1A person under 15 years of age propelling, navigating, or controlling a powered vessel capable of speed exceeding 5 knots500
2.1.2Navigating or controlling a vessel without due care and caution and at a speed and manner so as to endanger the lives of, or cause injury to, any person500
2.1.3Navigating or attempting to navigate a craft while unfit by reason of alcohol, drugs, or sickness500
2.1.4(a)Failing to carry life jackets of appropriate size for each person on board a vessel300
2.1.4(c)Failing to wear a life jacket on board a recreational craft 6 m or more in length in certain circumstances300
2.1.4(f)Towing a person who is not wearing a life jacket from a vessel 500
2.1.4(f)Being towed from a vessel without wearing a life jacket300
2.1.4(h)Failing to ensure that every person on board a recreational craft less than 6 m in length is wearing a life jacket300
2.1.5Embarking or disembarking while craft is under way300
2.1.6Creating excessive noise or public nuisance300
2.2.1(a)Exceeding 5 knots within 50 m of any other craft, floating structure, or person in or on the water500
2.2.1(b)Exceeding 5 knots within 200 m of the shore or any structure300
2.2.1(c)Exceeding 5 knots within 200 m of any craft flying Flag A of the International Code of Signals300
2.2.1(d)Exceeding 5 knots within a reserved area unless specifically permitted300
2.2.2Exceeding 5 knots while any part of a person is extended over the fore part, bow, or side of a powered vessel300
2.2.3Being towed at more than 5 knots in any circumstance under clause 2.2.1 of the bylaw300
2.2.4Failing to recover water ski300
2.3Failing to comply with the Harbour Master's instructions as to speed300
2.4.1Towing a person from a vessel without a lookout500
2.4.2Being towed from a vessel without a lookout300
2.5.1Towing a person from a vessel between sunset and sunrise or in restricted visibility500
2.5.2Being towed from a vessel between sunset and sunrise300
2.6.1Unreasonably obstructing, or loitering on or near, a public boat launching ramp300
2.6.2Using a craft to obstruct the use of a public jetty300
2.6.3Failing to ensure that a vessel, trailer, or vehicle is entirely free of water weed, plant growth, debris, or unwanted organisms300
2.7Wilfully damaging, removing, or interfering with a Council-maintained light, navigation mark, buoy, beacon, wharf, lifebuoy, or life-saving apparatus300
2.8.1Using prohibited area of the Kawarau River as a commercial operator 500
2.8.2Resting or stopping in prohibited area of the Kawarau River500
2.8.3Failing, when using a craft on the Kawarau River, to give way to craft exiting the Shotover River500
2.8.4Operating a powered craft on prohibited area of the Kawarau River500
2.8.5Failing to communicate with other operators on the lower Shotover River500
2.8.6Failing to navigate through the Kawarau Falls control gates in accordance with clause 2.8.6 of the bylaw500
2.8.7Exceeding 5 knots on specified lakes300
2.8.8Failing to observe river rules500
2.8.9Failing to comply with resource consent conditions500
2.9.1Towing a water skier or other person in a prohibited area500
2.10Failing to report to the Harbour Master a vessel's involvement in a collision, accident, obstruction, or other damage500
2.11.1Creating a nuisance through the use or control of a craft, the speed of a craft, or any item towed or used in conjunction with a craft500
2.11.2Operating a craft in a manner that is or might be dangerous to the public or other persons500
2.12.1Depositing prohibited materials500
2.13.1Leaving a craft sunk, stranded, or abandoned300
2.14.1Swimming or diving within 50 m of a commercial jetty or wharf300
2.14.2
2.14.3
Swimming or diving in an area determined by Harbour Master300
2.15.1Conducting an organised water activity without a special permit300
2.16.1Undertaking a water-based activity during prohibition500
2.17.1Failing to comply with a maritime rule applicable to a water-based activity the breach of which is an offence500
2.18Failing to carry appropriate means of communication300
3.1.4Failing to properly use a vessel in an access lane300
3.1.5Swimming in an access lane300
3.1.6Obstructing an access lane300
3.1.7Failing to comply with access lane rules300
4.1.1Erecting a structure on a foreshore without a relevant licence or consent500
4.7.1Placing a mooring in any waters without a licence500
4.7.7Anchoring a vessel so as to obstruct a licensed mooring300
4.7.11Leaving a licensed mooring vacant or unattended300
5.1.1Operating a commercial vessel without a current licence500
5.1.4Failing to carry a commercial vessel licence300
5.2Operating a currently licensed commercial vessel that is required to be surveyed under any relevant maritime rule without a safe ship management certificate500
5.3.1Failing to submit operational safety plan to Council500
5.3.2Failing to ensure that a passenger on a commercial vessel is not impaired in any way that presents a risk to the passenger or others300
5.3.3Refuelling a vessel with passengers on board500
5.5.2(a)Failing to complete registration requirements as required by Harbour Master500
5.5.2(b)Failing to prepare, adopt, and submit operational safety plan to Harbour Master 300
5.5.2(c)Failing to undertake and provide evidence of annual audit of operational safety plan, safety operation, and safety equipment300
5.6.1Failing to comply with the parasailing requirements in Schedule 3 of the bylaw300
6.3Failing to provide full name and address to the Harbour Master on request, or obstructing the Harbour Master in the exercise of his or her duties under the bylaw or any other relevant legislation500
6.4Impersonating a Harbour Master, a deputy Harbour Master, an inspector, or an honorary warden500

Schedule 2
Form of notice for Queenstown Lakes District Navigation Safety Bylaw 2009 infringement offence

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Form
Queenstown Lakes District Navigation Safety Bylaw 2009 infringement offence notice

Section 699A, Local Government Act 1974

Notice No:

Enforcement authority

[specify]

To [full name, full address]

Telephone number:

Occupation:

Date of birth:

Gender:

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 Queenstown Lakes District 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.

Rebecca Kitteridge,
Clerk of the Executive Council.


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

Date of notification in Gazette: 17 December 2009.


Reprints notes
1 General
  • This is a reprint of the Local Government (Infringement Fees for Offences: Queenstown Lakes District Navigation Safety Bylaw 2009) 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, 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
  • Maritime Transport Amendment Act 2013 (2013 No 84): section 90