Maritime Transport (Infringement Fees for Offences—Waikato Regional Council Navigation Safety Bylaw 2013) Regulations 2015

2015/290

Coat of Arms of New Zealand

Maritime Transport (Infringement Fees for Offences—Waikato Regional Council Navigation Safety Bylaw 2013) Regulations 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 23rd day of November 2015

Present:
His Excellency the Governor-General in Council

Pursuant to section 33O of the Maritime Transport Act 1994, 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 Maritime Transport (Infringement Fees for Offences—Waikato Regional Council Navigation Safety Bylaw 2013) Regulations 2015.

2 Commencement

These regulations come into force on 25 December 2015.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires, provision means a provision of the Waikato Regional Council Navigation Safety Bylaw 2013.

(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 those provisions.

4 Infringement offences and fees

(1)

A breach of a provision specified in the first column of Schedule 1 is an infringement offence under the Maritime Transport Act 1994.

(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 Waikato Regional Council Navigation Safety Bylaw 2013

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ProvisionDescription of offenceFee ($)
cl 2.1.5Failing to comply with a requirement of, or preventing a harbourmaster or an enforcement officer from carrying out their functions or duties200
cl 2.2.1Operating a vessel in breach of the Maritime Rules Part 22 (Collision prevention)200
cl 2.3Failing to report an accident or incident as required, or moving a vessel that has been damaged in a collision or an accident in breach of requirements200
cl 2.4.1Operating a vessel at a speed exceeding 5 knots in certain circumstances in coastal and harbour waters200
cl 2.4.2Operating a power-driven vessel at a speed exceeding 5 knots while any person has a portion of his or her body extending over the bow or side of the vessel in coastal and harbour waters200
cl 2.4.3Being towed at a speed exceeding 5 knots in certain circumstances in coastal and harbour waters200
cl 2.5.1Operating a vessel at a speed exceeding 5 knots in certain circumstances in inland waters200
cl 2.5.2Operating a power-driven vessel in inland waters at a speed exceeding 5 knots while any person has a portion of his or her body extending over the bow or side of the vessel200
cl 2.5.3Being towed at a speed exceeding 5 knots in certain circumstances in inland waters200
cl 2.6.2Allowing a person under 15 years of age, without supervision, to operate a power-driven vessel capable of exceeding a speed of 10 knots200
cl 2.7.1Failing to ensure that every person on board a vessel 6 metres or less in length wears an appropriate personal flotation device while underway, or failing to ensure that sufficient personal flotation devices to fit each person on board are carried and accessible when not underway200
cl 2.7.3(a)Failing to carry appropriate personal flotation devices to fit each person on board a vessel greater than 6 metres in length200
cl 2.7.3(b)Failing to carry sufficient personal flotation devices in a readily accessible location on board a vessel greater than 6 metres in length200
cl 2.7.3(c)Failing to ensure that every person on board a vessel greater than 6 metres in length wears an appropriate personal flotation device from a position 200 metres before to 200 metres after crossing a bar200
cl 2.7.3(d)Failing to ensure that every person on board a vessel greater than 6 metres in length wears an appropriate personal flotation device in circumstances of danger or risk200
cl 2.7.4Failing to ensure that any person being towed wears an appropriate personal flotation device, or failing to wear an appropriate personal flotation device while being towed200
cl 2.8.1Failing to carry an appropriate means of communication in accordance with requirements200
cl 2.9.1Failing to comply with the river safety rules200
cl 2.10.1Operating a vessel within 200 metres upstream or downstream of a hydro dam structure200
cl 3.1.1Failing to ensure that the vessel’s wake, or the wake from any person or object being towed does not cause danger or risk to any other person, vessel, or structure200
cl 3.2Jumping, swimming, or diving in certain areas in breach of requirements100
cl 3.3.1Towing without an appropriate observer200
cl 3.3.2Being towed without an appropriate observer200
cl 3.3.3Towing in an incorrect direction200
cl 3.3.4Towing between sunset and sunrise200
cl 3.3.5Being towed between sunset and sunrise200
cl 3.3.6Permitting a vessel to continue onwards after a person being towed has dropped a water ski or similar object in certain conditions200
cl 3.4Failing to observe requirements as to conduct in a towing access lane or reserved area200
cl 3.6Failing to ensure that flag A is displayed when dive operations are in progress200
cl 3.7.2Obstructing another person using a reserved area for its intended purpose200
cl 3.7.3Entering, remaining in, or using a reserved area for another purpose while it is being used for the purpose for which it is reserved200
cl 4.1.1Erecting, maintaining, or displaying a navigation aid without prior written permission200
cl 4.1.2Tying vessel to a navigation aid without prior approval100
cl 4.1.3Damaging, removing, or interfering with a navigation aid200
cl 4.2.1Sounding a whistle, siren, or horn of a vessel in breach of requirements200
cl 4.2.4Fitting or using a blue flashing light on a vessel in breach of requirements200
cl 4.2.5Fitting or using a purple flashing light on a vessel in breach of requirements200
cl 4.3Obstructing a waterway or access by water to any wharf, boat ramp, jetty, slipway, or mooring200
cl 4.4Operating a vessel’s propulsion system around a wharf, jetty, or ramp in breach of requirements200
cl 4.5Mooring or securing a vessel in breach of requirements200
cl 4.6.1Mooring or anchoring an unseaworthy vessel200
cl 4.6.2Failing to remove an unseaworthy vessel200
cl 4.6.4Operating an unseaworthy vessel200
cl 4.7Anchoring or mooring in a prohibited area200
cl 4.8.1Impeding a seaplane that is landing or taking off200
cl 4.8.2Operating a seaplane in certain conditions200
cl 5.3.3Failing to comply with the requirements of a suspension or exemption in specific areas200
cl 5.4.1Operating an unregistered personal water craft200
cl 5.4.3Failing to correctly display a personal water craft registration number100
cl 5.5Operating an unidentified or inappropriately identified vessel100
cl 5.9Failing to gain a hot-work permit when required, or failing to take appropriate precautions200
cl 5.10Failing to comply with certain conditions when operating a vessel for remuneration, hire, or reward200

Schedule 2 Form of notice for Waikato Regional Council Navigation Safety Bylaw 2013 infringement offences

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Form Waikato Regional Council Navigation Safety Bylaw 2013 infringement offence notice

Section 33O, Maritime Transport Act 1994

(Front page)

Notice No:

Enforcement authority [specify]

Person served

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 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], who is a person duly authorised by the Waikato Regional Council.

Important

Please read the statement of rights printed over the page.

(Back page)

Statement of rights

If there is anything in this statement 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 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 to the enforcement authority at the address shown on the front page of this notice if you wish—

(a)

to raise any matter relating to the circumstances of an alleged offence for consideration by the enforcement authority; or

(b)

to deny liability for the offence and request a court hearing (refer to paragraphs 5 and 9); or

(c)

to 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).

Any such letter must be personally signed.

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

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 an 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 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.

Michael Webster,
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 25 December 2015, specify in Schedule 1 which breaches of the Waikato Regional Council Navigation Safety Bylaw 2013 are infringement offences for the purposes of section 33O of the Maritime Transport Act 1994. 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: 26 November 2015.

These regulations are administered by the Ministry of Transport.