Local Government (Infringement Fees for Offences: Hawke's Bay Regional Council Navigation Safety Bylaws) Regulations 2012

2012/165

Coat of Arms of New Zealand

Local Government (Infringement Fees for Offences: Hawke's Bay Regional Council Navigation Safety Bylaws) Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 2nd day of July 2012  

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: Hawke's Bay Regional Council Navigation Safety Bylaws) Regulations 2012.

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,—

    provision means a provision of the Hawke's Bay Regional Council Navigation Safety Bylaws 2012.

    (2) The descriptions given in the second column of Schedule 1 are intended to be only 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 Hawke's Bay Regional Council Navigation Safety Bylaws 2012

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ProvisionDescription of offenceFee ($)
cl 2.1.1Failing to provide sufficient and accessible personal flotation devices on recreational craft when in use300
cl 2.1.2Failing to wear personal flotation devices at all times on craft of 6 m or less and all paddle craft when underway or preparing to become underway300
cl 2.1.7Failing to ensure persons on board recreational craft wear personal flotation devices in situations of danger or risk300
cl 2.2.1Swimming, jumping, diving, or other activities within certain areas100
cl 2.3.1Operating vessel's propulsion system at wharf or ramp in a way that may damage property, scour waterway bed, or injure person100
cl 2.3.2Master of commercial vessel failing to comply with requirements relating to testing vessel's propulsion system100
cl 2.4.1Failing to keep anchored or moored vessel in seaworthy condition200
cl 2.5.1Impeding seaplane when it is landing or taking off200
cl 2.5.2Seaplane or other aircraft landing or taking off in an area not reserved for that purpose without Harbourmaster’s prior permission200
cl 2.6.1Failing to adequately anchor or moor vessel in navigable waters200
cl 2.6.2Cutting, breaking, or destroying vessel's mooring or fastening500
cl 2.7.1Anchoring or mooring in prohibited anchorage200
cl 2.7.4Anchoring and impeding the passage of a vessel constrained by draft/manoeuvrability200
cl 2.8.1Obstructing navigation of any waterway or access to certain places200
cl 2.8.2Placing obstruction in any waters that is liable to restrict navigation or cause loss of life, injury, or damage300
cl 2.8.3Leaving equipment and other things extended over side of vessel so as to cause hazard200
cl 2.9.1Failing to notify collision, accident, or other matters to Harbourmaster as required200
cl 2.10.1Securing to navigation aid without authorisation100
cl 2.10.2Damaging, removing, defacing, or interfering with navigation aid or warning erected or authorised by Harbourmaster500
cl 2.10.4Erecting, maintaining, or displaying beacon, buoy, or other device that may be used as or mistaken for navigation aid without Harbourmaster's permission200
cl 2.11.1Fitting or using non-prescribed sound or light signals without Harbourmaster's permission100
cl 2.12.1Failing to enhance visibility of kayak or paddle craft100
cl 2.13.1Failing to mark vessel with identifying name or number200
cl 3.1.2Owner allowing person under 15 years to operate powered vessel capable of exceeding 10 knots unless person is under direct supervision of person over 15 years who is within immediate reach of controls200
cl 3.2.1Exceeding speed limit in certain circumstances200
cl 3.2.2Propelling or navigating vessel at more than 5 knots while person has part of his or her body extending from vessel200
cl 3.2.3Allowing oneself to be towed by vessel at speed exceeding 5 knots in certain circumstances200
cl 3.2.4Person in charge of vessel continuing to tow person after person being towed drops water ski or similar object200
cl 3.3.1Towing person at speed in excess of 5 knots without person of appropriate age on board responsible for notifying mishaps200
cl 3.3.2Allowing oneself to be towed at speed in excess of 5 knots without person of appropriate age on board responsible for notifying mishaps200
cl 3.4.1Operating vessel towing person water skiing between sunset and sunrise200
cl 3.4.2Allowing oneself to be towed water skiing by vessel between sunset and sunrise200
cl 3.6.1Person propelling, navigating, or manoeuvring vessel in access lane failing to take most direct starboard route through access lane100
cl 3.6.2Person or object being towed through access lane other than by most direct route through access lane and on that side of the access lane that lies to the starboard side of vessel100
cl 3.6.3Proceeding in access lane in manner that is dangerous to any person or vessel in access lane200
cl 3.6.4Obstructing another person using access lane100
cl 3.6.5Entering, remaining in, or using access lane for purpose other than purpose for which declared, while other persons in access lane for purpose for which it was declared100
cl 3.10.1Obstructing person using reserved area for purpose for which it is reserved200
cl 3.12.1Operating vessel in breach of Maritime Rules Part 22 (Collision Prevention)200
cl 3.12.2Failing to comply with the directions of an Enforcement Officer under clause 3.12.1 of these bylaws200
cl 3.13.1Master of vessel under 500 gross tonnage impeding navigation of vessel of 500 gross tonnage or more under pilotage in Napier pilotage area200
cl 3.14.2Navigating vessel under 500 gross tonnage within moving prohibited zone of vessel under pilotage in Napier pilotage area200
cl 3.15.1Failing to display appropriate flag while diving operations in progress200
cl 3.15.2Diving without ensuring that appropriate flag is displayed200
cl 4.1.1Having on board or intending to load explosives without hoisting appropriate flag or light200
cl 4.3Master's failure to comply with prescribed duties while a tanker is in port500
cl 4.5.1Failing to obtain hot work permit as required200
cl 4.5.2Failing to take certain precautions before welding operations commence200
cl 4.6.1Discharging, dropping, or causing or allowing to be discharged or dropped cargo or anything into navigable waters that would or may constitute a danger to navigation safety300
cl 4.6.3Failing to comply with requirements when logs lost into water in Port of Napier300
cl 4.6.4Failing to notify Security and Harbourmaster when logs lost into water300
cl 5.4.1Operating vessel for hire or reward without commercial vessel licence if vessel not subject to maritime rules under Maritime Transport Act 1994200
Sch 1.4.1Failing to comply with certain navigational requirements while in Napier pilotage area200
Sch 1.5(c)Entering, remaining in, or using area designated for surfriding for another purpose100
Sch 1.5(d)Failing to comply with wave rules in surfriding reserved area100
Sch 1.5(e)Bathing in reserved area if not necessary as part of activity for which area is reserved100
Sch 1.5(f)Anchoring vessel or setting net, line, or crayfish pots in designated access lane, reserved area, inner harbour, or harbour's approach channel200
Sch 1.5(g)Unauthorised powered vessel in the Ahuriri Estuary upstream of Pandora Bridge100
Sch 1.5(h)Unauthorised air activities in the Napier pilotage area100
Sch 1.5(i)Entering swimming reserved area with motorised vessel100
Sch 1.6.1Failing to comply with radio clearance requirements relating to entering, moving within, or leaving breakwater harbour200
Sch 1.6.2Anchoring vessel or setting net, line, or crayfish pots in breakwater harbour or breakwater harbour approach channel200
Sch 2.1Propelling or navigating vessel at speed exceeding 5 knots within 5 metres of Wairoa River bank100
Sch 2.3
(Area C)
Failing to comply with speed restrictions or not travelling in an anticlockwise direction in Clive River200
Sch 2.3
(Area D)
Using motorised vessel or exceeding speed limit in Clive River upstream of Clive River Bridge to 75 m downstream of bridge100
Sch 2.3
(Area E)
Exceeding speed restrictions in Ngaruroro River 100
Sch 2.3
(Area F)
Exceeding speed restrictions in Ngaruroro River during duck shooting season or whitebaiting season100
Sch 2.4(b)Vessel entering bathing reserved area100
Sch 2.4(c)Jet ski operating in prohibited area100
Sch 2.5Te Paerahi Beach: Vessel entering bathing and surfing reserved area100
Sch 2.5General provision for rivers with speed upliftings: Person who is permitted to propel or navigate vessel at speed exceeding 5 knots doing so in manner likely to endanger or unduly annoy other water users200
Sch 2.7Person in charge of vessel on river—
  • failing to keep to starboard or to give way to vessel coming downstream:

  • operating vessel in unsafe river and weather conditions

300

Schedule 2
Form of notice for Hawke's Bay Regional Council Navigation Safety Bylaws 2012 infringement offence

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Form
Hawke's Bay Regional Council Navigation Safety Bylaws 2012 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:

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 ($)
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 Hawke's Bay Regional Council.

Important

Please read the statement of rights below.

Statement of rights

You should consult a lawyer immediately if there is anything in this notice that you do not understand.

  • 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 after the service on you of this notice, no further enforcement action will be taken for that offence. Payments may be made at the place 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 that 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 to the 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 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.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations specify which breaches of the Hawke's Bay Regional Council Navigation Safety Bylaws 2012 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.

The regulations come into force on the 28th day after the date of their notification in the Gazette.


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

Date of notification in Gazette: 5 July 2012.

These regulations are administered by the Department of Internal Affairs.