Lake Taupo (Crown Facilities, Permits and Fees) Amendment Regulations 2017

2017/153

Coat of Arms of New Zealand

Lake Taupo (Crown Facilities, Permits and Fees) Amendment Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of July 2017

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 33W(5) of the Maritime Transport Act 1994 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Lake Taupo (Crown Facilities, Permits and Fees) Amendment Regulations 2017.

2 Commencement

These regulations come into force on 14 July 2017.

3 Principal regulations

These regulations amend the Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004 (the principal regulations).

4 Regulation 3 amended (Interpretation)

In regulation 3, insert in their appropriate alphabetical order:

mooring means any weight or article placed in or on the foreshore or the bed of a waterway for the purpose of securing a vessel, raft, aircraft, or floating structure, and—

(a)

includes any chain, wire, rope, buoy, or other device attached or connected to the weight; but

(b)

excludes an anchor that is removed with the vessel, raft, aircraft, or floating structure when it leaves the site or anchorage

mooring permit means a permit issued under regulation 11A(2)

5 New cross-heading above regulation 4 inserted

After regulation 3, insert:

Ramp permits

6 New cross-heading above regulation 6 inserted

After regulation 5, insert:

Berthing permits

7 Regulation 12 replaced (Validity of permits)

Replace regulation 12 with:

Mooring permits

11A Requirement for mooring permit

(1)

No person may place or maintain a mooring in the lake except under the authority of a mooring permit and in accordance with any conditions of the permit.

(2)

The harbourmaster may,—

(a)

on application, issue a mooring permit set out in Schedule 1; and

(b)

include in the mooring permit any conditions of mooring that are reasonably necessary to protect the mooring or to ensure maritime safety.

11B Transfer or modification of mooring permit

(1)

A mooring permit may not be transferred, assigned, or hired under any rule of law or equity.

(2)

A purported transfer, assignment, or hiring of a mooring permit is void.

Term and validity

12 Term and validity of permits

A permit issued under these regulations is valid for the period set out in Schedule 1 for the relevant type of permit if the fee for the permit has been paid,—

(a)

in the case of a ramp permit, to the harbourmaster or a person authorised to issue a permit under regulation 5(b); and

(b)

in the case of a berthing permit or mooring permit, to the harbourmaster.

Offences and penalties

8 New cross-heading above regulation 15 inserted

After regulation 14, insert:

Fees

9 Regulation 15 amended (Fees)

In regulation 15(1), replace “and berthing permits” with “, berthing permits, and mooring permits”.

10 Schedule 1 replaced

Replace Schedule 1 with the Schedule 1 set out in the Schedule of these regulations.

Schedule Schedule 1 replaced

r 10

Schedule 1 Fees

rr 5, 7, 11A, 12, and 15

Ramp permits

TypePeriod for which issuedFee per craft ($)
Any ramp permitup to 24 hours5
2 weeks35
1 year90

Berthing permits

Location of berth TypePeriod for which issuedFee (from 14 July 2017) ($)
Any Crown facilityAny type1 week100
Any Crown facilityAny type1 month200
Taupo and Nukuhau(a)parallel and more than 12.5 m in length1 year4,000
(b)parallel and 12.5 m in length1 year3,500
(c)parallel and less than 12.5 m in length1 year280 per m of berth length
(d)bow-in and 3 m or more in width (jetty included)1 year2,700
(e)bow-in and 3 m or more in width (jetty not included)1 year2,300
(f)bow-in and less than 3 m in width (jetty included)1 year1,800
(g)bow-in and less than 3 m in width (jetty not included)1 year1,500
Motuoapa(a)parallel and more than 12.5 m in length1 year4,000
(b)parallel and 12.5 m or less in length1 year280 per m of berth length
Tokaanu(a)bow-in and 3 m or more in width (jetty included)1 year1,500
(b)bow-in and less than 3 m in width (jetty included)1 year1,000

Mooring permits

TypePeriod for which issuedFee ($)
Any mooring permit1 month50
1 year190

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 14 July 2017, amend the Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004 to—

  • provide for the issuance of mooring permits:

  • set out the fees for mooring permits:

  • increase the berthing permit fees for berths in the Motuoapa Marina.

Regulatory impact statement

The Department of Internal Affairs produced a regulatory impact statement on 15 June 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 July 2017.

These regulations are administered by the Department of Internal Affairs.