Maritime Transport (Infringement Fees for Offences—Queenstown Lakes District Council Navigation Safety Bylaw 2018) Regulations 2019

2019/19

Coat of Arms of New Zealand

Maritime Transport (Infringement Fees for Offences—Queenstown Lakes District Council Navigation Safety Bylaw 2018) Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 18th day of February 2019

Present:
Her Excellency the Governor-General 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—Queenstown Lakes District Council Navigation Safety Bylaw 2018) Regulations 2019.

2 Commencement

These regulations come into force on 21 March 2019.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

provision means a provision 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 notices

An 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 Queenstown Lakes District Council Navigation Safety Bylaw 2018

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ClauseDescription of offenceFee ($)
7.1(b)Navigating vessel without due care and caution or at speed or in manner so as to endanger any person500
8.1An unsupervised underage person operating powered vessel capable of exceeding 10 knots500
8.2Allowing an unsupervised underage person to operate powered vessel capable of exceeding 10 knots500
9.1(a)Exceeding 5-knot speed restriction within 50 metres of vessel, floating structure, or person 500
9.1(b)Exceeding 5-knot speed restriction within 200 metres of shore or structure300
9.1(c)Exceeding 5-knot speed restriction within 200 metres of vessel flying Flag A of International Code of Signals300
9.4Exceeding 5-knot speed restriction while person has part of body extending from powered vessel300
9.5Being towed at speed of more than 5 knots in restricted-speed locations 300
9.6Permitting vessel to continue onwards after water ski or similar object dropped by person being towed300
11.1Failing to ensure wake does not prevent people from safely using waterway, or does not cause danger or risk of danger, or does not cause risk of harm300
12.1Embarking or disembarking while vessel is making way300
13.1Anchoring vessel in manner that obstructs passage of vessels or obstructs approach to wharf, pier, or jetty, or creates hazard to vessels at anchor300
13.2Failing to moor vessel in secure manner or without adequate or safe means of accessing vessel300
13.3Placing obstruction in waters likely to restrict navigation, or cause injury, death, or damage500
14.1Failing to keep vessel in seaworthy condition or leaving vessel sunk, stranded, or abandoned300
15.1Tying vessel to navigation aid without permission300
15.2Damaging, removing, defacing, or otherwise interfering with navigation aid300
16.1Creating nuisance through use or control of vessel, speed of vessel, or speed of item or object towed behind or used with vessel500
16.2Obstructing use of jetty, wharf, ramp, or launch facility owned or operated by Queenstown Lakes District Council300
17.1Refuelling vessel with passengers on board500
18.1Failing to carry accessible and sufficient lifejackets of appropriate size for each person on board vessel300
19.1Failing to wear properly secured lifejacket of appropriate size when instructed by person in charge of recreational vessel300
19.2Failing to ensure persons on recreational vessel 6 metres or less wear proper lifejacket when vessel is making way300
19.3Failing to ensure persons 10 years or younger on recreational vessel greater than 6 metres wear proper lifejacket at all times300
19.4Failing to ensure persons on recreational jet boat wear proper lifejacket when making way300
20.1Failing to ensure persons on recreational vessel wear proper lifejacket in situations of danger or risk300
21.1Towing person who is not wearing properly secured lifejacket of appropriate size from vessel at speed exceeding 5 knots, or being towed from vessel at speed exceeding 5 knots when not wearing properly secured lifejacket of appropriate size500
23.1Towing person from vessel at speed exceeding 5 knots without lookout of appropriate age500
23.2Being towed from vessel at speed exceeding 5 knots without lookout of appropriate age 300
24.1Towing person from vessel between sunset and sunrise or in restricted visibility500
24.2Being towed from vessel between sunset and sunrise300
25.2Lake Wakatipu: operating vessel involved in parasailing in Frankton arm of lake300
26.1Failing to comply with Maritime Rules applicable to white water raft used to transport fare-paying passengers or trainee guides500
27.1Failing to comply with Maritime Rules applicable to commercial jet boat500
28.1(a)Swimming, diving, jumping, or related activities from or within 50 metres of jetty or wharf with “no swimming” signage300
28.1(b)Swimming or diving in area identified by harbourmaster300
29.1Failing to conduct hot work operations in accordance with Code of Safe Working Practices for Merchant Seafarers500
29.2Failing to take fire precautions before or during hot work operations 500
30.1Failing to maintain or make available written record of dangerous goods loaded or unloaded onto vessel500
31.1Failing to apply to the harbourmaster when intending to conduct organised water activity300
32.1(a)Failing to ensure vessel keeps to starboard side of river channel500
32.1(b)Failing to give way to vessel coming downstream when going upstream500
32.1(c)Operating vessel in conditions that do not permit safe operation500
33.1Exceeding 5-knot speed limit on specified lakes in powered vessel300
34.1Queenstown Bay: exceeding 5-knot speed limit within 50 metres of access lane boundary300
35.1Clutha River: exceeding 5-knot speed limit in specified area 300
36.1Kawarau River: resting or stopping in prohibited area500
36.2Kawarau River: failing to give way to vessel exiting Shotover River or failing to use extreme care at Shotover River junction500
36.3Kawarau River: failing to navigate through correct archway of Kawarau Falls Dam control gates500
36.4Kawarau River: operating powered craft in prohibited area 500
37.2Lower Shotover River: commercial vessel failing to communicate with vessels known to be using same area500
38.1Using powered vessel for water skiing, aquaplaning, or towing persons in prohibited area500
39.1, 39.2Failing to report specified incident to harbourmaster500
39.3Moving vessel damaged by incident500
40.1Failing to report details of near miss accident or collision500
42.1

Failing to—

  • use access lane along starboard outer limit:

  • use access lane by most direct route:

  • cross access lane on heading of general direction of lane

300
42.2Swimming in access lane300
42.3Operating vessel in manner that obstructs or impedes passage of person using access lane300
42.4Using access lane in dangerous manner300
42.5Using access lane for improper purpose300
43.6Obstructing person using reserved area for reserved purpose500
44.1Operating commercial vessel without licence500
44.2Failing to comply with conditions of commercial vessel licence500
44.6Failing to have commercial vessel licence available for inspection300
45.1Operating commercial vessel without Maritime Operator Safety System certificate or certificate of compliance500
46.1Loading or unloading commercial vessel using Council structure without permission500
46.2Occupying structure or foreshore under Queenstown Lakes District Council ownership or control without permission500
47.1Placing mooring in waters, or mooring vessel in navigable water, other than in accordance with mooring permit500
48.2Failing to remove mooring following cancellation of mooring permit300
50.1Impersonating harbourmaster, deputy harbourmaster, or enforcement officer500
57.1(b)Preventing harbourmaster or enforcement officer from carrying out statutory functions or duties500

Schedule 2 Form for Queenstown Lakes District Council Navigation Safety Bylaw 2018 infringement offence notice

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Form Queenstown Lakes District Council Navigation Safety Bylaw 2018 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 enforcement authority

Person served

Full name:

Full address:

Telephone number(s):

Email address:

Occupation:

Date of birth:

Maritime document No (if applicable):

Alleged infringement offence(s) details

Date:

Time:

Place:

Vessel name:

Vessel description:

For each alleged infringement 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 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 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 in cash, online, or by cheque, direct credit, or credit card.

*Select one.

Cash payments must be made to the enforcement agency in person at the address shown above.

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

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

Direct credit payments must be made to [specify account number]. The payment must identify the enforcement agency as the payee, and refer to the infringement notice number at the top of this notice.

To pay by credit card, pay the enforcement agency in person at the address shown above, or complete the credit card payment form available at [specify relevant Internet site]. The form must be faxed to the enforcement agency at [specify fax number].

Important

Please read the statement of rights over the page.

(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).

Non-payment of fee
7

If you do not pay the infringement fee or deliver a request for 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 deliver a request for 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 come into force on 21 March 2019. They specify which breaches of the Queenstown Lakes District Council Navigation Safety Bylaw 2018 (the bylaw) 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.

Regulation 6 provides for the revocation of the Local Government (Infringement Fees for Offences: Queenstown Lakes Navigation Safety Bylaw 2009) Regulations 2009, which are replaced by these regulations.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 February 2019.

These regulations are administered by the Ministry of Transport.