Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2017) Regulations 2017

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2017/150

Coat of Arms of New Zealand

Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2017) Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 3rd day of July 2017

Present:
The Right Hon Bill English presiding in Council

These regulations are made under section 33O of the Maritime Transport Act 1994 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2017) Regulations 2017.

2 Commencement

These regulations come into force on 3 August 2017.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

bylaw means the Bay of Plenty Regional Navigation Safety Bylaw 2017

Council means the Bay of Plenty Regional Council

provision means a provision or group of related provisions of the bylaw.

(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 offence notices

An infringement offence 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 2017

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ClauseDescription of offenceFee ($)
2.1.1Using or allowing use of a recreational craft while not carrying required flotation devices of appropriate size200
2.1.2Using or allowing use of a recreational craft in circumstances of increased risk without ensuring that everyone on board is wearing a personal flotation device of appropriate size200
2.1.3Failing to wear a properly secured personal flotation device of appropriate size when on board a recreational craft that is 6 metres or less in length while it is making way200
2.1.8Towing a person, or being towed, without a properly secured personal flotation device of appropriate size200
2.2Swimming or diving around wharves200
2.3.1Using a propulsion system in breach of requirements200
2.4.1Failing to keep a vessel in seaworthy condition200
2.4.2Failing to move an unseaworthy vessel as directed200
2.5Impeding a seaplane when it is landing or taking off200
2.6.1Mooring or anchoring a vessel so as to impede or create a hazard200
2.6.2Interfering with a vessel’s mooring200
2.6.3Failing to provide adequate access to a vessel alongside200
2.6.4Failing to adequately secure a vessel200
2.6.5Anchoring more than 14 days in the same or proximate location in Tauranga Harbour200
2.7Anchoring in a prohibited anchorage200
2.8Anchoring in a restricted anchorage in breach of requirements200
2.9Launching a vessel where prohibited200
2.10.1Obstructing access by waters to wharves, landing places, boat ramps, slipways, moorings, or waterways200
2.10.2Placing an obstruction in any waters500
2.10.3Extending equipment over the side of a vessel so as to cause a hazard200
2.11.1Failing to notify the harbourmaster of a collision or an accident200
2.12.1Tying up a vessel to a device or structure erected as a navigation aid or warning without the written permission of the harbourmaster200
2.12.2Damaging, removing, defacing, or interfering with a device or structure erected as a navigation aid or warning200
2.12.3Erecting, maintaining, or displaying a beacon, buoy, or device as a navigation aid without permission200
2.13Sounding whistle or using flashing lights in breach of requirements200
2.14.1Using distress signals without sufficient cause200
2.15Discharging, or allowing the discharge of, anything into the water anywhere where it is a danger to maritime safety200
2.16.2Carrying out an activity other than swimming or body boarding within a flagged area200
2.17.2Failing to comply with directions of the harbourmaster or an enforcement officer200
3.1.1Operating a vessel capable of exceeding 10 knots if under-age and unsupervised200
3.1.2Allowing an under-age person to operate unsupervised a vessel capable of exceeding 10 knots200
3.2.1Exceeding the 5-knot speed limit in certain areas200
3.2.2Propelling or navigating a vessel at a speed exceeding 5 knots while a person is at or on the fore part or bow or part of a person’s body is extended outside vessel200
3.2.3Failing to recover a dropped water ski or any floating object that may cause danger to any other person or vessel200
3.2.8Allowing a wake to cause unnecessary danger or risk of damage200
3.4.1Towing a person without an observer200
3.4.2Causing or allowing oneself to be towed without an observer200
3.5.1Operating, between sunset and sunrise or in restricted visibility, a vessel towing a person200
3.5.2Allowing oneself to be towed by a vessel between sunset and sunrise200
3.6.4Towing a person in the Hunters Creek Ski Area during the period 2 hours before or after low tide200
3.7.1Failing to follow the most direct route through an access lane or failing to keep to the side of an access lane that lies to the starboard of the vessel200
3.7.2Allowing oneself or any object to be towed other than by the most direct route through an access lane or other than on the side of an access lane that lies to the starboard of the vessel200
3.7.4Proceeding in an access lane in a dangerous manner200
3.7.5Obstructing a person while the person is using an access lane or reserved area for the purpose for which it was designated200
3.9.1Failing to obtain written permission for a special event200
3.10.1In a non-watersports area, operating a personal water craft or hovercraft, landing an aircraft, or towing a person or device from a vessel for recreational purposes other than equipment used for fishing200
3.10.2Operating a power driven vessel in a passive recreation area200
3.10.3Operating a power driven vessel in a swimming area200
3.10.4Operating a vessel in a surfing priority area when surfers are present200
3.10.5Operating a vessel at a proper speed greater than 5 knots in the Ōkawa Bay water ski restriction area (other than in towing into the area in the permitted manner)200
3.10.6Anchoring or mooring a vessel in a transit only area200
3.10.8Operating a personal watercraft in the exclusion zone of Ōhiwa Harbour200
3.10.12Setting a net within a 500 m radius from the seaward point of the eastern groyne of the Thornton River mouth, as prohibited200
3.11Failing to observe a closed area200
3.12.1Placing a mooring in the coastal marine area unless licensed by the harbourmaster200
3.12.6Refusing to allow inspection of a mooring or to upgrade or repair it as directed200
3.12.7Not clearly displaying in the manner required an identification name or number on a moored vessel200
3.12.8Anchoring a vessel in manner that obstructs a licensed mooring200
3.12.15Parting with possession of, or assigning, or allowing another person or vessel to use, a licensed mooring without the written permission of the harbourmaster200
3.12.20Securing a vessel to a mooring without the mooring owner’s permission200
3.13.1In the Tauranga pilotage area, allowing a vessel of under 500 gross tonnage to impede the navigation of any vessel of 500 gross tonnage or more200
3.14.3Navigating a vessel in a moving prohibited zone200
3.15Failing to ensure that Flag A is displayed as required when a dive operation is in progress200
3.16Failing to operate a vessel in accordance with Maritime Rule Part 22 (Collision Prevention)200
4.1.1Failing to display a required signal when loading explosives onto a vessel or having explosives on board the vessel200
4.1.2Failing to comply with requirements to keep beyond 200 metres of another vessel that is carrying or loading explosives200
4.1.3Allowing a vessel carrying explosives to approach within 200 metres of any other vessel, in breach of requirements200
4.2.1Failing to display in the required manner a required signal on a vessel carrying bulk oil cargo200
4.3.1Failing to operate a tanker in accordance with ISGOTT200
4.3.2Failing to berth a tanker at a specified wharf or failure to keep the tanker ready to move200
4.4.2Loading or discharging oil at other than a specified location200
4.4.4Failing to comply with requirements to notify the harbourmaster of a transfer of sludge/waste oil or bunker oil500
4.5.1Failing to comply with requirements to notify the harbourmaster before carrying out hot works operations in the commercial areas of Tauranga and Whakatāne harbours200
4.5.2Failing to take appropriate precautions while welding operations are being carried out200
4.5.4Allowing hot work operations to begin or continue when the harbourmaster has forbidden them200
5.2.3Failing to supply name and address when required200
5.3.1Operating a vessel not subject to any Maritime Rules without a licence200
5.3.4Operating a vessel that has been granted a Navigation Safety Licence while that licence is suspended200
5.3.10Failing to comply with Maritime Rule Parts 81 and 82 (Marine Craft involved in Adventure Tourism) other than Maritime Rules 81.17, 82.3, and 82.61200
5.4.2Allowing the operation of an unregistered personal water craft200
5.5.1Failing to display as required a vessel name or number200
6.1.1Failing to carry a pilot in the port of Tauranga as required200
6.1.3Failing to call Tauranga Port Radio before entering Tauranga Harbour200
6.1.4Transiting the Tauranga Harbour entrance during hours of darkness or restricted visibility without ability to communicate with Tauranga Port Radio200
6.2Failing to comply with radio procedures for vessels before or after leaving a berth or an anchorage200
6.3Failing to carry or consult required navigational documents200
6.4Causing a vessel of more than 500 gross tonnes to enter an exclusion zone1000
7.1.1Attempting to cross the bar or negotiate the entrance of Whakatāne Harbour at same time as another vessel200

Schedule 2 Form for Bay of Plenty Regional Navigation Safety Bylaw 2017 infringement offence notice

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Form Bay of Plenty Regional Navigation Safety Bylaw 2017 infringement offence notice

Section 33O, Maritime Transport Act 1994

(Front page)

Notice No:

Enforcement authority

[Specify enforcement authority]

Address: [specify address]

Notice issued by: [full name], being a person duly authorised by the Bay of Plenty Regional Council

Person served

Full name:

Address:

Telephone number(s):

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, including sufficient details of the alleged offence to fairly inform the person of the nature of the alleged offence:

Bylaw provision
contravened
Details of offenceInfringement fee
payable ($)
1
2
3
Time for payment of infringement fee(s)

The infringement fee is/fees are* payable within 28 days after [date this notice is delivered personally, or served by post].

*Select one.
To whom payable

The infringement fee is/fees are* payable to the enforcement authority at [specify address of enforcement authority].

*Select one.
Method of payment

The infringement fee is/fees are* payable to the enforcement authority either online or by cheque.

*Select one.

To pay online, go to [specify relevant Internet site]. Online payments must refer to the infringement notice number at the top of this notice and must be made to [specify account number].

Cheques must be made out to [specify enforcement authority], crossed and marked “Not Transferable”, marked with the infringement notice number at the top of this notice, and sent to the enforcement authority at the address shown above.

(Back page)

Statement of rights

If there is anything in this statement you do not understand, you should consult a lawyer.

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.

Payment
2

If you pay the infringement fee for an alleged offence within 28 days after the service of this notice on you, no further enforcement action will be taken for that offence. Payments may be made as indicated on the other side 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 in accordance with this notice within 28 days after the service on you of a reminder notice (see paragraph 7). 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 other side of this infringement 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 (see 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 (see paragraphs 6 and 9).

The letter must be signed by you and delivered to the enforcement authority at the address shown on the other side of this infringement notice before or within 28 days after the service of a reminder notice (see paragraph 7), or within any further time that the enforcement authority allows.

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). If you follow the process described in this paragraph, there will be no oral hearing before the court.

Non-payment of fee
7

If you do not pay the infringement fee or request a hearing within 28 days after being served with this notice, you will be served with a reminder notice (unless the enforcement authority decides otherwise).

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 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 other side of this notice.

Note: All queries and correspondence regarding the infringement offence(s) must be directed to the enforcement authority at the address shown on the other side of this notice.

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 3 August 2017, specify breaches of the Bay of Plenty Regional Navigation Safety Bylaw 2017 (the bylaw) that are infringement offences under the Maritime Transport Act 1994 (the Act).

Regulation 4 provides that the breaches of the bylaw specified in Schedule 1 are infringement offences under the Act and that the infringement fees set out in that schedule apply to those breaches.

Regulation 5 provides that an infringement notice for the infringement offences created by regulation 4 must be in the form set out in Schedule 2.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 6 July 2017.

These regulations are administered by the Ministry of Transport.