Local Government (Infringement Fees for Offences—Environment Canterbury Navigation Safety Bylaws 2010) Regulations 2011

2011/328

Coat of Arms of New Zealand

Local Government (Infringement Fees for Offences—Environment Canterbury Navigation Safety Bylaws 2010) Regulations 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 19th day of September 2011 

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—Environment Canterbury Navigation Safety Bylaws 2010) Regulations 2011.

2  Commencement
  • These regulations come into force on 21 October 2011.

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires, provision means a provision of the Environment Canterbury Navigation Safety Bylaws 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 Local Government Act 1974.

    (2) The infringement fee for an offence referred to in subclause (1) is the 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 Environment Canterbury Navigation Safety Bylaws 2010

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Provision Description of offence Fee ($)
cl 2.1.1 Failing to carry required lifejackets on recreational craft 300
cl 2.1.2 Failing to ensure that each person on recreational craft wears lifejacket as required 300
cl 2.1.3 Failing to wear lifejacket on recreational craft of less than 6 metres 150
cl 2.1.4 Failing to wear lifejacket on manually powered craft of less than 6 metres 150
cl 2.1.5 Towing a person who is not wearing lifejacket 150
cl 2.1.5 Being towed without wearing lifejacket 150
cl 2.1.7 Support vessel failing to carry lifejackets or buoyancy aids 300
cl 2.2.1 Diving or swimming from wharf or ramp when vessel manoeuvring 150
cl 2.3.2 Allowing person under 15 years to navigate powered vessel without supervision 150
cl 2.4.1 Exceeding 5 knots within specified distances from shore, person, vessel, or structure 150
cl 2.4.3 Navigating vessel causing danger or undue annoyance to persons in vicinity 150
cl 2.5.1 Creating wake that endangers other vessels, structures, or persons 150
cl 2.6.1 Exceeding 5 knots while part of a person is extended over edge of vessel 150
cl 2.6.2 Having part of body over edge of vessel that is exceeding 5 knots 150
cl 2.7 Failing to notify Harbourmaster of incident 300
cl 2.8.1 Impeding landing or take-off of seaplane 300
cl 2.8.2 Landing or take-off of aircraft without permission of Harbourmaster 300
cl 2.10 Obstructing waterways or access to waterways 150
cl 2.11.1 Tying vessel to navigation aid or structure without permission of Harbourmaster 150
cl 2.11.2 Damaging, removing, defacing, or interfering with navigation aid or structure 150
cl 2.11.3 Erecting, maintaining, or displaying any device that may be used or mistaken for navigation aid without permission of Harbourmaster 150
cl 2.13 Failing to ensure Flag A displayed during dive operations 300
cl 2.14.1(a) Failing to leave buoy marking position of submerged material or cargo 500
cl 2.14.1(b), (c) Failing to provide required information regarding submerged material or cargo 500
cl 2.14.1(d) Failing to follow directions of Harbourmaster for recovery of material or cargo 500
cl 2.16 Operating a vessel contrary to collision rules 150
cl 3.1 Towing object, watercraft, or person at speed exceeding 5 knots in specified circumstances 150
cl 3.1 Being towed at speed exceeding 5 knots in specified circumstances 150
cl 3.2.1 Erecting water ski course markers or structures without permission of Regional Harbourmaster 150
cl 3.3.1 Towing person without lookout or with underage lookout 150
cl 3.3.2 Being towed without lookout or with underage lookout 150
cl 3.4.1 Towing person between sunset and sunrise 150
cl 3.4.2 Being towed between sunset and sunrise 150
cl 4.4 Improper conduct in access lane 150
cl 4.6.1 Failing to use reserved area in accordance with specified conditions 150
cl 4.6.2 Obstructing person using reserved area for its reserved purpose 150
cl 4.6.4 Failing to keep log of specified activities or to supply the log upon request 300
cls 5.1.1, 5.1.2, 5.1.3 Failing to ensure vessel is adequately moored or secured 150
cl 5.1.4 Cutting, breaking, or destroying mooring or fastening 150
cl 5.1.5 Leaving vessel unattended at wharf without permission of wharf owner 150
cl 5.2 Failing to provide safe access to and from large vessel 500
cl 5.3.1 Operating propulsion system of large vessel when at wharf or ramp 500
cl 5.3.2 Failing to warn persons and vessels in vicinity prior to testing propulsion system 500
cl 5.4 Laying, transferring, or using swing mooring without meeting specified requirements 150
cl 5.5.1 Failing to maintain mooring in safe working condition 150
cl 5.5.1 Failing to comply with mooring inspection requirements 150
cl 5.5.2 Failing to mark position of mooring 150
cl 5.5.3 Failing to repair or remove mooring 150
cl 5.5.4 Re-laying mooring without approval 150
cl 5.7.1 Anchoring unlawfully within swing mooring area 150
cl 5.7.2 Anchoring unlawfully near swing mooring area 150
cl 5.8.1 Failing to maintain maritime facility in safe condition 150
cls 6.1.1, 6.1.2 Failing to obtain gas free certificate before commencing work 1,000
cl 6.1.3 Failing to display gas free certificate 300
cls 6.2.1, 6.2.2 Failing to obtain permission to carry out hot work 500
cl 6.2.3 Failing to comply with conditions for carrying out hot work 500
cl 6.3 Failing to meet requirements for safe handling of dangerous goods 500
cl 6.4 Failing to meet requirements for loading and unloading fuel oil 500
cl 6.5.1 Master of oil tanker, or vessel carrying, loading, or unloading explosives, failing to display Flag B by day or all-round red light at night 500
cl 6.5.2 Failing to operate an oil tanker in accordance with International Safety Guide for Oil Tankers and Terminals (ISGOTT) 500
cl 7.2.2  Failing to comply with temporary regulation by exceeding temporary speed limit or using reserved area or access lane for prohibited purpose 150
cl 7.2.3 Failing to comply with conditions of temporary regulation 150
cl 9.1 Failing to notify, or obtain permission for, movement of large vessel 500
cl 9.3.1 Master of vessel failing to provide pilot with all relevant information where required 500
cl 9.4 Master of vessel failing to use pilot as required 500
cl 9.5 Master of large vessel failing to provide particulars of vessel 500
cl 9.6.1 Navigating craft under specified wharves without permission of port company 150
cl 9.6.2 Swimming under or near specified wharves without permission of port company 150
cl 9.7.1 Allowing vessel under 500 gross tonnage to impede navigation of vessel of 500 gross tonnage or more in specified areas 150
cl 9.7.2 Navigating vessel within moving prohibited zone without permission of Regional Harbourmaster 150
cl 9.7.4 Anchoring in main navigational channel without permission of Harbourmaster 150
cl 9.8.1 Anchoring vessel within 30 metres north or south of liquid petroleum gas pipeline in Cass and Corsair Bays 150
cl 10.1.6(c) Crossing Motunau River bar at night or in conditions of poor visibility 150
cl 10.1.6(d) Failing to give way to inbound vessel in Motunau Channel 150
cl 10.1.6(e) Entering Motunau Channel when inbound vessel over 6 metres is in channel or about to enter channel 150
cl 10.1.6(f) Failing to wear lifejacket when vessel crossing the Motunau River bar 150
cl 11A(a) Failing to keep to starboard (right) side of river  150
cl 11A(b) Failing to give way to vessel coming downstream in river when going upstream 150
cl 11A(c) Operating vessel in dangerous river conditions 150
cl 11A(d) Exceeding 5 knots in specified river areas 150
cl 11.2.2 Failing to navigate Avon River as specified 150
cl 11.2.3 Failing to give way when overtaking on Avon River 150
cl 11.2.4 Failing to give way to crews travelling upstream on Avon River 150
cl 12A Using an electric trolling motor on specified lakes 150
cl 12.13.1 Exceeding 5 knots on Lake Forsyth 150
cl 12.22.2 Failing to navigate Loch Katrine as specified when exceeding 5 knots 150
cl 12.32.1 Exceeding 5 knots on Lake Pearson 150
cls 12.36.15, 12.36.17, 12.36.18 Specifying rowing regatta day on Lake Ruataniwha when not permitted 150
cl 12.36.16 Navigating powered craft without permission on Lake Ruataniwha on rowing regatta day  150
cl 12.36.19 Failing to notify Regional Harbourmaster of regatta schedule 150
cl 12.36.20 Failing to maintain suitable patrol craft 150
cl 12.36.21 Failing to provide required regatta signage 150
Schedule 2 Impeding passage of large vessels in main navigational channel 150

Schedule 2
Form of infringement offence notice

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Form
Environment Canterbury Navigation Safety Bylaws 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/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].

*Select one.

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 Canterbury 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 (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 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 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 on the front page of this notice.

Rebecca Kitteridge,
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 21 October 2011, specify which breaches of the Environment Canterbury Navigation Safety Bylaws 2010 are infringement offences for the purposes of section 699A of the Local Government Act 1974.

The regulations also prescribe 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: 22 September 2011.

These regulations are administered by the Department of Internal Affairs.