Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010

  • revoked
  • Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010: revoked, on 3 August 2017, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2017) Regulations 2017 (LI 2017/150).

Reprint as at 3 August 2017

Coat of Arms of New Zealand

Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010

(SR 2010/414)

Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010: revoked, on 3 August 2017, by regulation 6 of the Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2017) Regulations 2017 (LI 2017/150).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 15th day of November 2010

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Department of Internal Affairs.

Pursuant to section 699A of the Local Government Act 1974, 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 Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010.

2 Commencement

These regulations come into force on 16 December 2010.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

provision means a provision of the Bay of Plenty Regional Navigation Safety Bylaw 2010.

(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

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 Bay of Plenty Regional Navigation Safety Bylaw 2010

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ProvisionDescription of offenceFee ($)
cl 2.1.1Failing to carry appropriate personal flotation devices as required200
cl 2.1.5Towing person, or being towed, without properly secured personal flotation device of appropriate size200
cl 2.1.7Failing to wear personal flotation device as required if increased risk exists to safety of persons aboard200
cl 2.2Swimming or diving off or around wharves or jetties200
cl 2.3.1Using propulsion system inappropriately while vessel lying at wharf or while loading to or from boat trailer at ramp200
cl 2.4.1Failing to keep vessel in seaworthy condition200
cl 2.5Impeding passage of seaplane when it is landing or taking off200
cl 2.6.1Mooring or anchoring vessel so as to impede or obstruct other vessels or create hazard200
cl 2.6.2Interfering with vessel’s mooring200
cl 2.6.3Failing to provide adequate access to vessel alongside200
cl 2.6.4Failing to adequately secure vessel200
cl 2.7Anchoring in prohibited anchorage200
cl 2.8Failing to keep vessel in restricted anchorage ready to depart200
cl 2.9Launching of vessels where prohibited200
cl 2.10.1Obstructing access to wharves, landing places, boat ramps, slipways, moorings, or waterways200
cl 2.10.2Placing obstruction in any waters200
cl 2.10.3Extending equipment over side of vessel so as to cause hazard200
cl 2.11.1Failing to notify Harbour Master of collision or accident200
cl 2.12.1Tying up to navigation aid or warning without written permission of Harbour Master200
cl 2.12.2Damaging, removing, defacing, or interfering with a navigation aid or warning notice200
cl 2.12.3Erecting, maintaining, or displaying beacon, buoy, or device as navigation aid without permission200
cl 2.13Sounding whistle or using flashing lights in breach of requirements200
cl 2.14Using distress signals without sufficient cause200
cl 2.15Discharging, or allowing the discharge of, anything into the water that constitutes danger to navigation safety200
cl 2.16.2Carrying out activity other than swimming or body boarding within flagged area200
cl 2.17.2Failing to comply with directions200
cl 3.1.1Operating vessel capable of exceeding 10 knots if under-aged and unsupervised200
cl 3.1.2Allowing under-aged person to operate vessel capable of exceeding 10 knots200
cl 3.2.1Exceeding speed limit in certain areas200
cl 3.2.2Propelling or navigating a vessel while person is on the bow or part of person’s body is outside vessel200
cl 3.2.3Causing or allowing oneself to be towed at speed exceeding 5 knots in certain areas200
cl 3.2.4Failing to recover dropped water ski or any floating object that may cause danger to any other person or vessel200
cl 3.2.9Allowing wake to cause unnecessary danger or risk of damage200
cl 3.4.1Towing person without observer200
cl 3.4.2Causing or allowing oneself to be towed without observer200
cl 3.4.3Person under 10 years old acting as lookout or observer200
cl 3.5.1Operating, between sunset and sunrise or in restricted visibility, vessel towing person200
cl 3.5.2Allowing oneself to be towed by vessel between sunset and sunrise200
cl 3.7.1Failing to follow most direct route through access lane and failing to keep to that side of access lane that lies to the starboard of vessel200
cl 3.7.2Allowing oneself to be towed from vessel that fails to follow most direct route through access lane and failing to keep to that side of access lane that lies to the starboard of vessel200
cl 3.7.3Proceeding in access lane in dangerous manner200
cl 3.7.4Obstructing person while person is using access lane for purpose for which it was designated200
cl 3.9.1Failing to obtain written permission for special event200
cl 3.10.1Operating motorised vessel within Wildlife Protection Area200
cl 3.10.2Operating personal water craft within the excluded areas of Ohiwa Harbour200
cl 3.10.3Operating motorised vessel (except for fishing during the months of April to June) or other vessels with proper speed of 5 knots or more in passive recreation area200
cl 3.10.4Operating personal water craft or hovercraft, landing aircraft or helicopter, or towing person or devices from vessels for recreational purposes other than equipment used for fishing on Lake Rotomahana or Lake Ōkataina200
cl 3.10.5Setting net within 500-metre radius from the seaward point of eastern groyne of Thornton River mouth200
cl 3.10.6Operating vessel within surfing priority area where surfers present200
cl 3.10.7Operating vessel within Matutu Basin, Lake Rotomā at proper speed greater than 5 knots200
cl 3.10.8Operating vessel at a proper speed greater than 5 knots in Okawa Bay water skiing restriction area, except for towing into Water Ski Area200
cl 3.11Failing to observe closed area200
cl 3.12.1Placing mooring in any waters unless licensed by Harbour Master200
cl 3.12.6Refusing to upgrade or allow inspection of mooring as directed200
cl 3.12.7Not clearly displaying identification name or number on moored vessel200
cl 3.12.8Anchoring of vessel in manner that obstructs licensed mooring200
cl 3.12.10Mooring vessel other than the vessel named in licence200
cl 3.12.15Parting with possession of, or assigning, or allowing another person or vessel to use, licensed mooring without written permission of Harbour Master200
cl 3.13Navigating vessel so as to impede the navigation of any vessel of 500 gross tonnage or more200
cl 3.14Failing to display Flag A when dive operation in progress200
cl 3.15Failing to comply with the requirement to operate vessel in accordance with Maritime Rule Part 22 (Collision Prevention)200
cl 4.1.1Failing to hoist red flag or Flag B (international code of signals) when loading explosives onto vessel, and all round red light at the masthead by night200
cl 4.1.2Failing to keep beyond 200 metres of another vessel that is carrying or loading explosives200
cl 4.1.3Allowing vessel carrying explosives to approach any other vessel within 200 metres200
cl 4.2.1Failing to display signals on vessels carrying bulk oil cargo200
cl 4.3.1Failing to operate tanker in accordance with ISGOTT200
cl 4.3.2Failing to berth tanker at specified wharf or failure to keep tanker ready to move200
cl 4.4Loading or discharging oil at other than specified locations200
cl 4.5.1Failing to obtain hot work permit before carrying out welding or flame-cutting200
cl 4.5.2Failing to take appropriate precautions while hot work operations are being carried out200
cl 4.5.4Allowing work to begin when Harbour Master has forbidden operations to commence200
cl 5.2.3Failing to supply name and address when requested200
cl 5.3.1Operating vessel not subject to any Maritime Rules without licence200
cl 5.3.3Operating vessel that has been granted Navigation Safety Licence while that licence suspended200
cl 5.3.9Failing to comply with Maritime Rule Part 80: Marine Craft Used in Adventure Tourism200
c1 6.1.1Failing to carry pilot as required200
cl 6.1.3Failing to call Tauranga Port Radio when entering harbour200
cl 6.1.4Transiting harbour entrance during hours of darkness or restricted visibility without ability to communicate with Tauranga Port Radio200
cl 6.2Failing to comply with radio procedures for vessels departing from wharves or anchorages200
cl 6.3Failing to carry and/or consult required navigational documents200
cl 7.1.1Attempting to cross bar or negotiate entrance of Whakatāne Harbour at same time as another vessel200

Schedule 2 Form of notice for Bay of Plenty Regional Navigation Safety Bylaw 2010 infringement offence

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Form Bay of Plenty Regional Navigation Safety Bylaw 2010 infringement offence notice

Section 699A, Local Government Act 1974

Notice No:

Enforcement authority

[Specify enforcement authority.]

Person served

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

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 ($)
1
2
3
Time for payment of infringement fee(s)

The infringement fee(s) is (or are) payable to the enforcement authority within 28 days after [date this notice is delivered personally, or served by post] at the following address: [specify address of enforcement authority].

Please present this notice, or a copy of this notice, when making payment.

Cheques or money orders must be made out to the [specify enforcement authority] and must be crossed and marked not transferable or account payee only.

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

Important

Please read the following statement of rights.

Statement of rights

If, after reading this statement, you do not understand anything in it, 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 21(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.

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 must be made at the address indicated above.

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 above 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 (refer to 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 (refer to paragraphs 6 and 9).

The letter must be signed by you and delivered to the enforcement authority at the address specified in this infringement notice and in a reminder notice in respect of the offence before or within 28 days after the service of the reminder notice, or within such further time as the enforcement authority may allow.

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). 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 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 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 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 above.

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,
for 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 16 December 2010, specify which breaches of the Bay of Plenty Regional Navigation Safety Bylaw 2010 are infringement offences for the purposes of section 699A of the Local Government Act 1974. 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: 18 November 2010.

Reprints notes
1 General

This is a reprint of the Local Government (Infringement Fees for Offences: Bay of Plenty Regional Navigation Safety Bylaw 2010) Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Maritime Transport (Infringement Fees for Offences—Bay of Plenty Regional Navigation Safety Bylaw 2017) Regulations 2017 (LI 2017/150): regulation 6