National Parks (Infringement Offences) Regulations 2019

  • latest version but not yet in force

2019/327

Coat of Arms of New Zealand

National Parks (Infringement Offences) Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 16th day of December 2019

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 71O of the National Parks Act 1980

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Conservation.

Regulations

1 Title

These regulations are the National Parks (Infringement Offences) Regulations 2019.

2 Commencement

These regulations come into force on 3 February 2020.

3 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

4 Descriptions in Schedules 2 and 3 are indications only

The descriptions in the second column of Schedules 2 and 3 are an indication of the content of the provisions they describe and are not intended to be used in the interpretation of those provisions.

5 Penalties for infringement offences in Act

The penalties for an infringement offence in the National Parks Act 1980 are the penalties specified for that infringement offence in the third and fourth columns of Schedule 2.

6 Infringement offences in bylaws

(1)

A breach of a bylaw specified in the first column of Schedule 3 is an infringement offence.

(2)

The penalties for an infringement offence in a bylaw specified in the first column of Schedule 3 are the penalties specified for that infringement offence in the third and fourth columns of Schedule 3.

7 Infringement notice and reminder notice

(1)

An infringement notice issued under section 71K of the National Parks Act 1980 must be in form 1 set out in Schedule 4.

(2)

A reminder notice issued under section 71L of the National Parks Act 1980 must be in form 2 set out in Schedule 4.

Schedule 1 Transitional, savings, and related provisions

r 3

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Schedule 2 Penalties for infringement offences under National Parks Act 1980

rr 4, 5

SectionDescription of offenceInfringement fee ($)Maximum fine ($)
71B(2)Entering or remaining in specially protected area without permit, or failing to comply with condition contained in permit8001,600
71C(5)Allowing dog to be in national park in contravention of section 56A, failing to comply with condition of dog control permit, or failing to keep dog under proper control400800
71D(4)Failing to comply with section 71D(1) and (3) (which relates to unauthorised actions in parks)8001,600
71D(4)Possessing chainsaw or any firearm, trap, net, or other similar object in park400800
71E(2)Using, receiving, or disposing of item removed unlawfully from park400800
71F(2)Altering boundary marks or items issued by Minister or Department6001,200
71G(3)Failing to remove animal, vehicle, aircraft, or boat6001,200
71H(2)Littering300600

Schedule 3 Penalties for infringement offences in bylaws

rr 4, 6

Part 1 Abel Tasman National Park Bylaws 2009

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
5Polluting park’s land or waters or disposing of human waste other than in toilet400800
6Burying or leaving litter in park300600
7Lighting fire in park300600
8Offences relating to camping (such as camping in prohibited area)200400
9Offences relating to park huts (such as staying in hut for longer than allowed)200400
10Placing or using powered watercraft on or in park’s waters400800
11Taking motorised vehicle into, or using motorised vehicle in, park400800
12Allowing motorised vehicle to remain in park400800
13Taking non-motorised vehicle into, or using non-motorised vehicle in, park200400
14Allowing non-motorised vehicle to remain in park200400
15Using vehicle in unsafe or inconsiderate manner or failing to comply with directions about use of vehicle400800
16Organising sporting event in park300600
17Installing or using public address system in park300600
18Installing or using portable generator in park300600
19Causing or producing noise that disturbs or is likely to disturb person or indigenous fauna300600
20Failure to comply with notice prohibiting entry400800

Part 2 Arthur’s Pass National Park Bylaws 1981

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Polluting park’s waters or spilling petrol or oil in park400800
4Leaving or burying refuse in park300600
5Offences relating to camping (such as camping for longer than allowed)200400
5ACamping within prohibited area, unless at camping site300600
6Offences relating to park huts (such as staying in hut for longer than allowed)200400
7Offences relating to cableways (such as altering mechanism of any cableway)200400
8Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
9Offences relating to use of vehicle in park400800
10Failure to park vehicle as directed (or in safe and considerate manner if no direction given)200400
11(1)Offences relating to aircraft (such as unauthorised landing within park)8001,600
11(3)-(4)Entering prohibited area400800
12Taking part in or training for competitive sport in park without consent300600
13Using spotlight for hunting in park6001,200
14Installing or operating portable electric generator in park300600
15Installing or operating public address system in park300600

Part 3 Egmont National Park Bylaws 1981

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Polluting park’s waters or spilling petrol or oil in park400800
4Leaving or burying refuse in park300600
5Offences relating to park huts (such as staying in hut for longer than allowed)200400
5ACamping within prohibited area, unless at camping site300600
6Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
7Offences relating to use of vehicle in park400800
8Failure to park vehicle as directed (or in safe and considerate manner if no direction given)200400
9(1)Offences relating to aircraft (such as unauthorised landing within park)8001,600
9(3)-(4)Entering prohibited area400800
10Taking part in or training for competitive sport in park without permission300600
11Using spotlight for hunting in park6001,200
12Installing or operating portable electric generator in park300600
13Installing or operating public address system in park300600

Part 4 Fiordland National Park Bylaws 1981

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Polluting park’s waters or spilling petrol or oil in park400800
4Leaving or burying refuse in park300600
5Offences relating to camping (such as camping in park for longer than allowed)200400
5ACamping within prohibited area, unless at camping site300600
6Offences relating to park huts (such as staying in hut for longer than allowed)200400
7Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
8Offences relating to use of vehicle in park400800
9Failure to park vehicle as directed (or in safe and considerate manner if no direction given)200400
10(1)Offences relating to aircraft (such as unauthorised landing within park)8001,600
10(3)-(4)Entering prohibited area400800
11Taking part in or training for competitive sport in park without permission300600
12Using spotlight for hunting in park6001,200
13Installing or operating portable electric generator in park300600
14Installing or operating public address system in park300600

Part 5 Kahurangi National Park Bylaws 2009

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
5Polluting park’s waters or spilling petrol or oil in park400800
6Burying or leaving litter in park300600
7Offences relating to fires (such as lighting fire within prohibited area)300600
8Offences relating to camping (such as camping in prohibited area)200400
9Offences relating to park huts (such as staying in hut for longer than allowed)200400
10Offences relating to groups of more than 10 people (such as group staying in park for more than 1 night)200400
11Removing vegetation from rock face to facilitate climbing200400
12(2)Hunting or killing wild animal during prohibited period400800
12(3)Hunting or killing wild animal from aircraft8001,600
13Hunting or killing wild animal in prohibited area or during prohibited period400800
14Using spotlight for hunting in park6001,200
15Placing or using powered watercraft on or in park’s waters400800
16Taking motorised vehicle into, or using motorised vehicle in, park400800
17Allowing motorised vehicle to remain in park300600
17ATaking non-motorised vehicle into, or using non-motorised vehicle in, park200400
17BAllowing non-motorised vehicle to remain in park200400
17CUsing vehicle in unsafe or inconsiderate manner or failing to comply with directions about use of vehicle400800
18Organising sporting event in park300600
19Installing or using public address system in park300600
19AFailure to comply with notice prohibiting entry400800

Part 6 Mount Aspiring National Park Bylaws 1981

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Polluting park’s waters or spilling petrol or oil in park400800
4Leaving or burying refuse in park300600
5Offences relating to camping (such as camping for longer than allowed)200400
5ACamping within prohibited area, unless at camping site300600
6Offences relating to park huts (such as staying in hut for longer than allowed)200400
7Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
8Offences relating to use of vehicle in park400800
9Failure to park vehicle as directed (or in safe and considerate manner if no direction given)200400
10(1)Offences relating to aircraft (such as unauthorised landing within park)8001,600
10(3)-(4)Entering prohibited area400800
11Taking part in or training for competitive sport in park without permission300600
12Using spotlight for hunting in park6001,200
13Installing or operating portable electric generator in park300600
14Installing or operating public address system in park300600

Part 7 Mount Cook National Park Bylaws 1981

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Polluting park’s waters or spilling petrol or oil in park400800
4Leaving or burying refuse in park300600
5Offences relating to camping (such as camping in park for longer than allowed)200400
5ACamping within prohibited area, unless at camping site300600
6Offences relating to park huts (such as staying in hut for longer than allowed)200400
7Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
8Offences relating to use of vehicle in park400800
9Failure to park vehicle as directed (or in safe and considerate manner if no direction given)200400
10(1)Offences relating to aircraft (such as unauthorised landing within park)8001,600
10(3)-(4)Entering prohibited area400800
11Taking part in or training for competitive sport in park without permission300600
12Using spotlight for hunting in park6001,200
13Installing or operating portable electric generator in park300600
14Installing or operating public address system in park300600

Part 8 Nelson Lakes National Park Bylaws 2006

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
4Polluting park or spilling petrol or oil in park400800
5Leaving or burying litter in park300600
6Placing or using motorised vessel, personal watercraft, or hovercraft on, or within, park waters400800
7Placing or using in park waters certain non-motorised vessels300600
8Installing or using mooring within park waters400800
9Staying overnight in, or on, vessel on, or within, park waters, or allowing vessel to remain overnight without permission200400
10Waterskiing on park waters outside designated areas200400
11Offences relating to camping (such as camping in park for longer than allowed)200400
12(1)Hunting or killing wild animal in prohibited area400800
12(2)Using spotlight for hunting6001200
13(1)Offences relating to aircraft (such as unauthorised landing within park)8001600
13(3)-(4)Entering prohibited area400800
14Offences relating to park huts (such as staying in hut for longer than allowed)200400
15Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
16(1)-(2)Taking vehicle into prohibited areas400800
16(3)Taking bicycle onto marked walking route200400
16(4)-(5)Other offences relating to use of vehicle in park400800
17Taking part in or training for competitive sport in park300600
18Installing or operating portable electric generator in park300600
19Installing or operating public address system in park300600

Part 9 Tongariro National Park Bylaws 1981

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Polluting park’s waters or spilling petrol or oil in park400800
4Leaving or burying litter in park300600
5Offences relating to camping (such as camping for longer than allowed)200400
5ACamping within prohibited area, unless at camping site300600
7Using Whakapapa camping facilities without paying200400
8Offences relating to park huts (such as staying in hut for longer than allowed)200400
9Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
10Offences relating to use of vehicle in park400800
11Failure to park vehicle as directed (or in safe and considerate manner if no direction given)200400
11AOffences relating to parking in certain areas without parking ticket200400
11CFailing to display the appropriate parking ticket on vehicles parked in certain areas200400
11DParking or leaving vehicle overnight in certain areas200400
12(1)Offences relating to aircraft (such as unauthorised landing within park)8001600
12(3)-(4)Entering prohibited area400800
13Taking part in or training for competitive sport in park300600
14Using spotlight for hunting in park6001200
15Installing or operating portable electric generator in park300600
16Installing or operating public address system in park300600

Part 10 Westland National Park Bylaws 1981

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Polluting park’s waters or spilling petrol or oil in park400800
4Leaving or burying litter in park300600
5Offences relating to camping (such as camping for longer than allowed)200400
5ACamping within prohibited area, unless at camping site300600
6Offences relating to park huts (such as staying in hut for longer than allowed)200400
7Offences relating to fires (such as lighting fire in circumstances likely to present fire hazard)300600
8Offences relating to use of vehicle in park400800
9Failure to park vehicle as directed (or in safe and considerate manner if no direction given)200400
10(1)Offences relating to aircraft (such as unauthorised landing within park)8001600
10(3)-(4)Entering prohibited area400800
11Taking part in or training for competitive sport in park300600
12Using spotlight for hunting in park6001200
13Installing or operating portable electric generator in park 300600
14Installing or operating public address system in park300600

Part 11 Whanganui National Park Bylaws 1993

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
4Offences relating to camping (such as camping for longer than allowed)200400

Schedule 4 Infringement notice and reminder notice

r 7

Form 1 Infringement notice

Section 71K, National Parks Act 1980

Infringement notice No:

Date of notice:

Enforcement authority

This infringement notice is issued by [name or identification number of authorised person].

Address for correspondence:

Details of person to whom infringement notice issued

Full name:

Full address:

†Date of birth:

*†Gender:

*†Occupation:

*Telephone number:

†Not required if the notice is served on a company or other body corporate.
*Specify only if known.
Alleged infringement offence details

The offence is one against [specify provision].

Date:

Time:

Place:

Nature of alleged infringement:

Infringement fee payable:

Service details

This infringement notice was served by [method of service] at [full address of service] on [date].

Payment of infringement fee

The infringement fee is payable within 28 days after [date infringement notice served].

The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].

Information

If there is anything in these notes you do not understand, you should consult a lawyer.

1

This notice sets out an alleged infringement offence.

Payments
2

If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.

3

If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.

Defence
4

You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, a reminder notice in respect of the alleged offence is served on you. Late payment or payment made in any other manner is not a defence.

Further action, including right to request hearing
5

You may—

(a)

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

(b)

deny liability for the alleged offence and request a court hearing; or

(c)

admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.

6

To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.

7

If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).

Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.

8

If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—

(a)

request a hearing; and

(b)

admit liability for the offence; and

(c)

set out the written submissions you wish the court to consider.

9

[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.

Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.

Non-payment of fee
10

If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice or within any further time that [name of enforcement authority] allows, you will be served with a reminder notice (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Please note that in some circumstances, if you do not receive a reminder notice, you may still become liable to pay a fine and court costs.

11

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,—

(a)

[name of enforcement authority] may, unless it decides to take no further action to require payment for the alleged offence, provide particulars of the reminder notice for filing in the District Court; and

(b)

if so, you will become liable to pay court costs as well as a fine.

12

The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

Correspondence
13

When writing, please specify—

(a)

the date of the alleged infringement offence; and

(b)

the infringement notice number; and

(c)

your full name and address for replies.

Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.

Further details of your rights and obligations
14

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Form 2 Reminder notice

Section 71L, National Parks Act 1980

Reminder notice No:

Date of notice:

This notice is to remind you that you have been issued with an infringement notice. The details of the infringement notice are as follows.

Enforcement authority

The infringement notice was issued by [name or identification number of authorised person].

Address for correspondence:

Details of person to whom infringement notice issued

Full name:

Full address:

†Date of birth:

*†Gender:

*†Occupation:

*Telephone number:

†Not required if the notice is served on a company or other body corporate.
*Specify only if known.
Alleged infringement offence details

The offence is one against [specify provision].

Date:

Time:

Place:

Nature of alleged infringement:

Infringement fee payable:

Amount of infringement fee remaining unpaid:

Service details

(To be provided for filing in court)

The infringement notice was served by [method of service] at [full address of service] on [date].

This reminder notice was served by [method of service] at [full address of service] on [date].

Payment of infringement fee

The infringement fee was payable to [name of enforcement authority] within 28 days after [date infringement notice served]. The infringement fee has not been paid.

The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice.

The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].

Information

If there is anything in these notes you do not understand, you should consult a lawyer.

1

You have not paid the infringement fee described in this notice, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.

Payments
2

If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.

3

If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.

Defence
4

You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.

Further action, including right to request hearing
5

You may—

(a)

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

(b)

deny liability for the alleged offence and request a court hearing; or

(c)

admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.

6

To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.

7

If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).

Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.

8

If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—

(a)

request a hearing; and

(b)

admit liability for the offence; and

(c)

set out the written submissions you wish the court to consider.

9

[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.

Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.

Non-payment of fee
10

If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).

11

The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.

Correspondence
12

When writing, please specify—

(a)

the date of the alleged infringement offence; and

(b)

the reminder notice number; and

(c)

your full name and address for replies.

Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.

Further details of your rights and obligations
13

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

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 February 2020, prescribe penalties for infringement offences in the National Parks Act 1980 and prescribe the forms to be used for infringement notices and reminder notices issued under that Act.

Provisions addressing procedural matters related to infringement offences can be found in—

Regulatory impact assessment

The Department of Conservation produced a regulatory impact assessment in February 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 December 2019.

These regulations are administered by the Department of Conservation.