Reserves (Infringement Offences) Regulations 2019

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2019/328

Coat of Arms of New Zealand

Reserves (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 123A of the Reserves Act 1977

(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 Reserves (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 Reserves Act 1977 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 105L of the Reserves Act 1977 must be in form 1 set out in Schedule 4.

(2)

A reminder notice issued under section 105M of the Reserves Act 1977 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 in Reserves Act 1977

rr 4, 5

SectionDescription of offenceInfringement fee ($)Maximum fine ($)
105B(3)Failing to comply with section 105B(1) or (2) (which relates to unauthorised actions in reserves)8001,600
105C(2)Littering300600
105D(2)Using, receiving, or disposing of items removed unlawfully from reserve400800
105E(2)Altering boundary marks or items issued by Minister, Department, or administering body6001,200
105F(3)Failing to remove animal, vehicle, aircraft, or boat6001,200
105G(4)Unauthorised entry8001,600
105H(2)Anchoring or mooring of boat in breach of notice or permit8001,600
105I(3)Damaging by fire8001,600

Schedule 3 Penalties for infringement offences in bylaws

rr 4, 6

Part 1 Anaura Bay Recreation Reserve Bylaws 1999

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
4Failure to leave gate in position in which it was found200400
5Misbehaviour within reserve, failure to leave reserve if requested to do so200400
7Wasting water200400
8Lighting fire without permission300600
9Littering300600
10Bringing cat or unleashed dog into reserve200400
11Attending or taking part in unauthorised gathering200400
12Posting or distributing notice without permission, interfering with lawfully erected notice200400
13Using amplified system in reserve, causing noise that disturbs or is likely to disturb other users of reserve300600
14Offences relating to camping200400
15Constructing or using pit toilet, not having access to chemical toilet200400

Part 2 Glory Cove Scenic Reserve Bylaws 2005

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
4(2)Being in reserve while it is closed, being in kiwi protection area at night without authorisation400800
5Camping in certain places200400

Part 3 Huka Falls Scenic Reserve Bylaws 1995

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
4Failure to leave gate in position in which it was found200400
5Misbehaviour within reserve, failure to leave reserve if requested to do so200400
6Throwing stones, etc200400
7Polluting water200400
8Using aircraft without permission8001,600
9Offences relating to fires300600
10Littering300600
11Bringing unleashed dog into reserve200400
12(1)Driving vehicle or riding animal in dangerous manner400800
12(2)Taking animal or vehicle into certain parts or reserve200400
13Parking vehicle other than in parking area, causing obstruction by stopping vehicle200400
14Attending or taking part in unauthorised gathering200400
15Posting or distributing notice without permission, interfering with lawfully erected notice200400
16Damaging items within reserve400800
17Using amplified system in reserve, causing noise that disturbs or is likely to disturb other users of reserve300600
18Camping200400

Part 4 Kaiteriteri Recreation Reserve Bylaws 2005

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
4Entering or remaining in reserve while it is closed400800
5Misbehaviour within reserve, failure to leave reserve if requested to do so200400
6Carrying or using dangerous weapon without permission300600
7Throwing things200400
8Wasting or polluting water200400
9Using aircraft without permission8001,600
10Offences relating to fires300600
11Littering300600
12Bringing or allowing dog into reserve200400
13Driving vehicle or riding animal in dangerous manner, taking animal or vehicle into certain parts of reserve400800
14Parking a vehicle other than in a parking area, causing an obstruction by stopping a vehicle200400
15Attending or taking part in unauthorised gathering200400
16Playing sport or game if forbidden to do so, entering sport or game area if forbidden to do so300600
17Posting or distributing notice without permission, interfering with lawfully erected notice200400
18Walking on flower bed, shrubbery, or prohibited area200400
19Damaging items within reserve400800
20Causing noise that disturbs or is likely to disturb other users of reserve300600
22Offences relating to camping200400
23Selling food, drink, or other item without permission6001,200

Part 5 Makaro Scientific Reserve Bylaws 1998

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
1Failure to observe conditions of entry400800
2Lighting any fire on reserve (except gas barbecue in the designated area)300600
3Erecting tent or other structure on reserve without prior written consent300600
4Bringing any animal or plant into reserve without written authorisation200400
5Misbehaviour within reserve, failure to leave reserve if requested to do so200400
6Playing radio or musical instrument that disturbs other reserve visitors300600

Part 6 Matiu Reserve Bylaws 1998

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
1Failure to observe conditions of entry400800
2Lighting any fire on reserve300600
3Erecting tent or other structure on reserve without prior written consent300600
4Failure to pay required charge to stay in building on reserve200400
5Bringing any animal or plant into reserve without written authorisation200400
6Misbehaviour within reserve, failure to leave reserve if requested to do so200400
7Playing radio or musical instrument that disturbs other reserve visitors300600

Part 7 Molesworth Recreation Reserve Bylaws 2017

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
4Entering or remaining in reserve while it is closed400800
5Entering Sedgemere Tarns area with vehicle or bicycle without activity permit, failing to remain on formed track400800
6Entering station operational area400400
7Camping in prohibited area or for longer than allowed200400
8(1)Hunting at night, using night vision equipment or spotlight for hunting6001,200
8(3)Failure to hold a hunting permit if hunting or equipped for hunting300600
9Offences relating to aircraft (such as making unauthorised landing in reserve)8001,600
10Offences relating to fires (such as lighting fire if it is likely to present fire hazard)300600
11Bringing dog or horse into reserve without activity permit, bringing any other animal into reserve200400
12Offences relating to vehicles (such as driving vehicle in dangerous manner in reserve)400800
13Parking vehicle or leaving bicycle in way that causes obstruction or is unsafe200400
14Misbehaviour within reserve, failure to leave reserve if requested to do so200400
15Carrying or using dangerous weapon without prior written permission300600
16Wasting or polluting water in reserve200400
17Failing to take litter out of reserve300600
18Playing sport or game if forbidden to do so, entering sport or game area if forbidden to do so300600
19Posting or distributing notice without permission, interfering with lawfully erected notice200400
20Removing, disturbing, damaging, or defacing anything in reserve400800

Part 8 Northland Reserves Bylaws 2007

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
2Entering or remaining in reserve while it is closed400800
3Failure to leave gate in position in which it was found200400
4Disorderly conduct within reserve, failure to leave reserve if asked to do so200400
5Carrying or using dangerous weapon without prior permission300600
6Throwing things200400
7Wasting or polluting water in reserve200400
8Offences relating to aircraft (such as making unauthorised landing in reserve)8001,600
9Lighting fire in reserve unless exception applies300600
10Littering300600
11Bringing or allowing animal (other than dog) into reserve without permission200400
12Bringing dog into reserve unless exception applies200400
13Taking vehicle into, or using vehicle in, reserve200400
14Using vehicle in manner likely to endanger or disturb any person or anything in reserve400800
15Parking or leaving vehicle in way that causes obstruction, parking vehicle other than in authorised area200400
16Failure to leave reserve if asked by ranger200400
17Walking on planted bed, shrubbery, or prohibited area200400
18Attending gathering that disturbs any other person200400
19Putting up notice, interfering with sign200400
Removing, disturbing, damaging, or defacing anything in reserve400800
21Causing noise likely to disturb or annoy person in reserve300600
22Camping in reserve other than in specified camping site200400

Part 9 Onekaka Inlet Recreation Reserve Bylaws 1995

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Entering or remaining in reserve while it is closed400800
4Failure to leave gate in position in which it was found200400
5Misbehaviour within reserve, failure to leave reserve if requested to do so200400
6Carrying or using dangerous weapon without prior written permission300600
7Throwing things200400
8Wasting or polluting water in reserve200400
9Offences relating to aircraft (such as making unauthorised landing in reserve)8001,600
10Offences relating to fires (such as lighting fire where it is likely to present fire hazard)300600
11Littering300600
12Bringing or allowing unleashed dog into reserve200400
13(1)Driving vehicle or riding animal in dangerous manner400800
13(2)Taking, riding, or driving any animal or vehicle into unauthorised area200400
14Parking vehicle (other than bicycle) in unauthorised area, stopping vehicle in place likely to cause obstruction200400
15Attending or taking part in unauthorised gathering200400
16Posting or distributing any bill or notice200400
17Walking on flower bed, shrubbery, grass plot, or prohibited area200400
18Removing, disturbing, damaging, or defacing anything in reserve400800
19Using amplified system in reserve, causing noise likely to disturb or annoy other users of reserve300600
20Camping in reserve except in specified camping site if fee paid200400

Part 10 Paynes Ford Scenic Reserve Bylaws 1995

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
3Entering or remaining in reserve while it is closed400800
4Failure to leave gate in position in which it was found200400
5Misbehaviour within reserve, failure to leave reserve if requested to do so200400
6Throwing things200400
7Wasting or polluting water in reserve200400
8Offences relating to aircraft (such as making unauthorised landing in reserve)8001,600
9Placing lighted matter in any grass or inflammable material300600
10Littering300600
11Bringing or allowing unleashed dog into reserve200400
12(1)Driving vehicle or riding animal in dangerous manner400800
12(2)Taking, riding, or driving any animal or vehicle into unauthorised area200400
13Parking vehicle (other than bicycle) in unauthorised area, stopping vehicle in place likely to cause obstruction200400
14Attending or taking part in unauthorised gathering200400
15Posting or distributing any bill or notice200400
16Removing, disturbing, damaging, or defacing anything in reserve400800
17Causing noise likely to disturb or annoy other users of reserve300600
18Camping in reserve200400

Part 11 Te Waikoropupū Springs Scenic Reserve Bylaws 2011

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
5Entering or making contact with reserve’s waters400800
6Throwing anything into reserve’s waters, polluting reserve’s land or waters400800
7Leaving or burying litter in reserve300600
8Lighting fire in reserve (except portable gas stove or stove in a vehicle)300600
9Camping in reserve200400
10Hunting or fishing in reserve400800
11Using or placing watercraft on or in reserve’s waters400800
12Using vehicle in unauthorised area400800
13Taking animal into reserve unless exception applies200400
14Erecting any temporary structure in reserve300600
15Fossicking for, damaging, or removing any fossil, stone, mineral, or protected object400800
16Bringing or using portable generator, public address system, or loud hailer in reserve300600
17Causing noise likely to disturb or annoy person in reserve300600

Part 12 Waikanae Scientific Reserves Bylaws 1994

BylawDescription of offenceInfringement fee ($)Maximum fine ($)
1Entering or remaining in reserve while it is closed400800
2Driving or riding any vehicle within reserve400800
3Bringing or allowing any animal within reserve200400
4Lighting any fire without prior written consent300600
5Misbehaviour within reserve, throwing things, failure to leave reserve if requested to do so200400
6Carrying or using dangerous weapon without prior written permission300600
7Removing, disturbing, damaging, or defacing anything in reserve400800

Schedule 4 Infringement notice and reminder notice

r 7

Form 1 Infringement notice

Section 105L, Reserves Act 1977

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 105M, Reserves Act 1977

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 Reserves Act 1977 and prescribe the forms to be used for infringement notices and reminder notices issued under that Act.

These regulations also create infringement offences for the contravention of the following bylaws made under the Reserves Act 1977:

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.