Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010

2010/414

Crest

Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 15th day of November 2010

Present:
His Excellency the Governor-General in Council

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: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010.

2 Commencement
  • These regulations come into force on 16 December 2010.

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

    provision means a provision of the Bay of Plenty Regional Navigation Safety Bylaw 2010.

    (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 Bay of Plenty Regional Navigation Safety Bylaw 2010

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Provision Description of offence Fee ($)
cl 2.1.1 Failing to carry appropriate personal flotation devices as required 200
cl 2.1.5 Towing person, or being towed, without properly secured personal flotation device of appropriate size 200
cl 2.1.7 Failing to wear personal flotation device as required if increased risk exists to safety of persons aboard 200
cl 2.2 Swimming or diving off or around wharves or jetties 200
cl 2.3.1 Using propulsion system inappropriately while vessel lying at wharf or while loading to or from boat trailer at ramp 200
cl 2.4.1 Failing to keep vessel in seaworthy condition 200
cl 2.5 Impeding passage of seaplane when it is landing or taking off 200
cl 2.6.1 Mooring or anchoring vessel so as to impede or obstruct other vessels or create hazard 200
cl 2.6.2 Interfering with vessel's mooring 200
cl 2.6.3 Failing to provide adequate access to vessel alongside 200
cl 2.6.4 Failing to adequately secure vessel 200
cl 2.7 Anchoring in prohibited anchorage 200
cl 2.8 Failing to keep vessel in restricted anchorage ready to depart 200
cl 2.9 Launching of vessels where prohibited 200
cl 2.10.1 Obstructing access to wharves, landing places, boat ramps, slipways, moorings, or waterways 200
cl 2.10.2 Placing obstruction in any waters 200
cl 2.10.3 Extending equipment over side of vessel so as to cause hazard 200
cl 2.11.1 Failing to notify Harbour Master of collision or accident 200
cl 2.12.1 Tying up to navigation aid or warning without written permission of Harbour Master 200
cl 2.12.2 Damaging, removing, defacing, or interfering with a navigation aid or warning notice 200
cl 2.12.3 Erecting, maintaining, or displaying beacon, buoy, or device as navigation aid without permission 200
cl 2.13 Sounding whistle or using flashing lights in breach of requirements 200
cl 2.14 Using distress signals without sufficient cause 200
cl 2.15 Discharging, or allowing the discharge of, anything into the water that constitutes danger to navigation safety 200
cl 2.16.2 Carrying out activity other than swimming or body boarding within flagged area 200
cl 2.17.2 Failing to comply with directions 200
cl 3.1.1 Operating vessel capable of exceeding 10 knots if under-aged and unsupervised 200
cl 3.1.2 Allowing under-aged person to operate vessel capable of exceeding 10 knots 200
cl 3.2.1 Exceeding speed limit in certain areas 200
cl 3.2.2 Propelling or navigating a vessel while person is on the bow or part of person's body is outside vessel 200
cl 3.2.3 Causing or allowing oneself to be towed at speed exceeding 5 knots in certain areas 200
cl 3.2.4 Failing to recover dropped water ski or any floating object that may cause danger to any other person or vessel 200
cl 3.2.9 Allowing wake to cause unnecessary danger or risk of damage 200
cl 3.4.1 Towing person without observer 200
cl 3.4.2 Causing or allowing oneself to be towed without observer 200
cl 3.4.3 Person under 10 years old acting as lookout or observer 200
cl 3.5.1 Operating, between sunset and sunrise or in restricted visibility, vessel towing person 200
cl 3.5.2 Allowing oneself to be towed by vessel between sunset and sunrise 200
cl 3.7.1 Failing to follow most direct route through access lane and failing to keep to that side of access lane that lies to the starboard of vessel 200
cl 3.7.2 Allowing oneself to be towed from vessel that fails to follow most direct route through access lane and failing to keep to that side of access lane that lies to the starboard of vessel 200
cl 3.7.3 Proceeding in access lane in dangerous manner 200
cl 3.7.4 Obstructing person while person is using access lane for purpose for which it was designated 200
cl 3.9.1 Failing to obtain written permission for special event 200
cl 3.10.1 Operating motorised vessel within Wildlife Protection Area 200
cl 3.10.2 Operating personal water craft within the excluded areas of Ohiwa Harbour 200
cl 3.10.3 Operating motorised vessel (except for fishing during the months of April to June) or other vessels with proper speed of 5 knots or more in passive recreation area 200
cl 3.10.4 Operating personal water craft or hovercraft, landing aircraft or helicopter, or towing person or devices from vessels for recreational purposes other than equipment used for fishing on Lake Rotomahana or Lake Ōkataina 200
cl 3.10.5 Setting net within 500-metre radius from the seaward point of eastern groyne of Thornton River mouth 200
cl 3.10.6 Operating vessel within surfing priority area where surfers present 200
cl 3.10.7 Operating vessel within Matutu Basin, Lake Rotomā at proper speed greater than 5 knots 200
cl 3.10.8 Operating vessel at a proper speed greater than 5 knots in Okawa Bay water skiing restriction area, except for towing into Water Ski Area 200
cl 3.11 Failing to observe closed area 200
cl 3.12.1 Placing mooring in any waters unless licensed by Harbour Master 200
cl 3.12.6 Refusing to upgrade or allow inspection of mooring as directed 200
cl 3.12.7 Not clearly displaying identification name or number on moored vessel 200
cl 3.12.8 Anchoring of vessel in manner that obstructs licensed mooring 200
cl 3.12.10 Mooring vessel other than the vessel named in licence 200
cl 3.12.15 Parting with possession of, or assigning, or allowing another person or vessel to use, licensed mooring without written permission of Harbour Master 200
cl 3.13 Navigating vessel so as to impede the navigation of any vessel of 500 gross tonnage or more 200
cl 3.14 Failing to display Flag A when dive operation in progress 200
cl 3.15 Failing to comply with the requirement to operate vessel in accordance with Maritime Rule Part 22 (Collision Prevention) 200
cl 4.1.1 Failing to hoist red flag or Flag B (international code of signals) when loading explosives onto vessel, and all round red light at the masthead by night 200
cl 4.1.2 Failing to keep beyond 200 metres of another vessel that is carrying or loading explosives 200
cl 4.1.3 Allowing vessel carrying explosives to approach any other vessel within 200 metres 200
cl 4.2.1 Failing to display signals on vessels carrying bulk oil cargo 200
cl 4.3.1 Failing to operate tanker in accordance with ISGOTT 200
cl 4.3.2 Failing to berth tanker at specified wharf or failure to keep tanker ready to move 200
cl 4.4 Loading or discharging oil at other than specified locations 200
cl 4.5.1 Failing to obtain hot work permit before carrying out welding or flame-cutting 200
cl 4.5.2 Failing to take appropriate precautions while hot work operations are being carried out 200
cl 4.5.4 Allowing work to begin when Harbour Master has forbidden operations to commence 200
cl 5.2.3 Failing to supply name and address when requested 200
cl 5.3.1 Operating vessel not subject to any Maritime Rules without licence 200
cl 5.3.3 Operating vessel that has been granted Navigation Safety Licence while that licence suspended 200
cl 5.3.9 Failing to comply with Maritime Rule Part 80: Marine Craft Used in Adventure Tourism 200
c1 6.1.1 Failing to carry pilot as required 200
cl 6.1.3 Failing to call Tauranga Port Radio when entering harbour 200
cl 6.1.4 Transiting harbour entrance during hours of darkness or restricted visibility without ability to communicate with Tauranga Port Radio 200
cl 6.2 Failing to comply with radio procedures for vessels departing from wharves or anchorages 200
cl 6.3 Failing to carry and/or consult required navigational documents 200
cl 7.1.1 Attempting to cross bar or negotiate entrance of Whakatāne Harbour at same time as another vessel 200

Schedule 2
Form of notice for Bay of Plenty Regional Navigation Safety Bylaw 2010 infringement offence

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Form
Bay of Plenty Regional Navigation Safety Bylaw 2010 infringement offence notice

Section 699A, Local Government Act 1974

Notice No:

Enforcement authority

[Specify enforcement authority.]

Person served

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

Maritime 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 ($)
1  
2  
3  
Time for 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 Bay of Plenty Regional 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 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).

    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 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.

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 16 December 2010, specify which breaches of the Bay of Plenty Regional Navigation Safety Bylaw 2010 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 Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 November 2010.

These regulations are administered by the Department of Internal Affairs.