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

Section	Description of offence	Infringement fee ($)	Maximum fine ($)
105B(3)	Failing to comply with section 105B(1) or (2) (which relates to unauthorised actions in reserves)	800	1,600
105C(2)	Littering	300	600
105D(2)	Using, receiving, or disposing of items removed unlawfully from reserve	400	800
105E(2)	Altering boundary marks or items issued by Minister, Department, or administering body	600	1,200
105F(3)	Failing to remove animal, vehicle, aircraft, or boat	600	1,200
105G(4)	Unauthorised entry	800	1,600
105H(2)	Anchoring or mooring of boat in breach of notice or permit	800	1,600
105I(3)	Damaging by fire	800	1,600

Schedule 3 Penalties for infringement offences in bylaws

rr 4, 6

Part 1 Anaura Bay Recreation Reserve Bylaws 1999

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
4	Failure to leave gate in position in which it was found	200	400
5	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
7	Wasting water	200	400
8	Lighting fire without permission	300	600
9	Littering	300	600
10	Bringing cat or unleashed dog into reserve	200	400
11	Attending or taking part in unauthorised gathering	200	400
12	Posting or distributing notice without permission, interfering with lawfully erected notice	200	400
13	Using amplified system in reserve, causing noise that disturbs or is likely to disturb other users of reserve	300	600
14	Offences relating to camping	200	400
15	Constructing or using pit toilet, not having access to chemical toilet	200	400

Part 2 Glory Cove Scenic Reserve Bylaws 2005

Bylaw		Description of offence		Infringement fee ($)		Maximum fine ($)
4(2)		Being in reserve while it is closed, being in kiwi protection area at night without authorisation		400		800
5		Camping in certain places		200		400

Part 3 Huka Falls Scenic Reserve Bylaws 1995

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
4	Failure to leave gate in position in which it was found	200	400
5	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
6	Throwing stones, etc	200	400
7	Polluting water	200	400
8	Using aircraft without permission	800	1,600
9	Offences relating to fires	300	600
10	Littering	300	600
11	Bringing unleashed dog into reserve	200	400
12(1)	Driving vehicle or riding animal in dangerous manner	400	800
12(2)	Taking animal or vehicle into certain parts or reserve	200	400
13	Parking vehicle other than in parking area, causing obstruction by stopping vehicle	200	400
14	Attending or taking part in unauthorised gathering	200	400
15	Posting or distributing notice without permission, interfering with lawfully erected notice	200	400
16	Damaging items within reserve	400	800
17	Using amplified system in reserve, causing noise that disturbs or is likely to disturb other users of reserve	300	600
18	Camping	200	400

Part 4 Kaiteriteri Recreation Reserve Bylaws 2005

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
4	Entering or remaining in reserve while it is closed	400	800
5	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
6	Carrying or using dangerous weapon without permission	300	600
7	Throwing things	200	400
8	Wasting or polluting water	200	400
9	Using aircraft without permission	800	1,600
10	Offences relating to fires	300	600
11	Littering	300	600
12	Bringing or allowing dog into reserve	200	400
13	Driving vehicle or riding animal in dangerous manner, taking animal or vehicle into certain parts of reserve	400	800
14	Parking a vehicle other than in a parking area, causing an obstruction by stopping a vehicle	200	400
15	Attending or taking part in unauthorised gathering	200	400
16	Playing sport or game if forbidden to do so, entering sport or game area if forbidden to do so	300	600
17	Posting or distributing notice without permission, interfering with lawfully erected notice	200	400
18	Walking on flower bed, shrubbery, or prohibited area	200	400
19	Damaging items within reserve	400	800
20	Causing noise that disturbs or is likely to disturb other users of reserve	300	600
22	Offences relating to camping	200	400
23	Selling food, drink, or other item without permission	600	1,200

Part 5 Makaro Scientific Reserve Bylaws 1998

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
1	Failure to observe conditions of entry	400	800
2	Lighting any fire on reserve (except gas barbecue in the designated area)	300	600
3	Erecting tent or other structure on reserve without prior written consent	300	600
4	Bringing any animal or plant into reserve without written authorisation	200	400
5	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
6	Playing radio or musical instrument that disturbs other reserve visitors	300	600

Part 6 Matiu Reserve Bylaws 1998

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
1	Failure to observe conditions of entry	400	800
2	Lighting any fire on reserve	300	600
3	Erecting tent or other structure on reserve without prior written consent	300	600
4	Failure to pay required charge to stay in building on reserve	200	400
5	Bringing any animal or plant into reserve without written authorisation	200	400
6	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
7	Playing radio or musical instrument that disturbs other reserve visitors	300	600

Part 7 Molesworth Recreation Reserve Bylaws 2017

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
4	Entering or remaining in reserve while it is closed	400	800
5	Entering Sedgemere Tarns area with vehicle or bicycle without activity permit, failing to remain on formed track	400	800
6	Entering station operational area	400	400
7	Camping in prohibited area or for longer than allowed	200	400
8(1)	Hunting at night, using night vision equipment or spotlight for hunting	600	1,200
8(3)	Failure to hold a hunting permit if hunting or equipped for hunting	300	600
9	Offences relating to aircraft (such as making unauthorised landing in reserve)	800	1,600
10	Offences relating to fires (such as lighting fire if it is likely to present fire hazard)	300	600
11	Bringing dog or horse into reserve without activity permit, bringing any other animal into reserve	200	400
12	Offences relating to vehicles (such as driving vehicle in dangerous manner in reserve)	400	800
13	Parking vehicle or leaving bicycle in way that causes obstruction or is unsafe	200	400
14	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
15	Carrying or using dangerous weapon without prior written permission	300	600
16	Wasting or polluting water in reserve	200	400
17	Failing to take litter out of reserve	300	600
18	Playing sport or game if forbidden to do so, entering sport or game area if forbidden to do so	300	600
19	Posting or distributing notice without permission, interfering with lawfully erected notice	200	400
20	Removing, disturbing, damaging, or defacing anything in reserve	400	800

Part 8 Northland Reserves Bylaws 2007

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
2	Entering or remaining in reserve while it is closed	400	800
3	Failure to leave gate in position in which it was found	200	400
4	Disorderly conduct within reserve, failure to leave reserve if asked to do so	200	400
5	Carrying or using dangerous weapon without prior permission	300	600
6	Throwing things	200	400
7	Wasting or polluting water in reserve	200	400
8	Offences relating to aircraft (such as making unauthorised landing in reserve)	800	1,600
9	Lighting fire in reserve unless exception applies	300	600
10	Littering	300	600
11	Bringing or allowing animal (other than dog) into reserve without permission	200	400
12	Bringing dog into reserve unless exception applies	200	400
13	Taking vehicle into, or using vehicle in, reserve	200	400
14	Using vehicle in manner likely to endanger or disturb any person or anything in reserve	400	800
15	Parking or leaving vehicle in way that causes obstruction, parking vehicle other than in authorised area	200	400
16	Failure to leave reserve if asked by ranger	200	400
17	Walking on planted bed, shrubbery, or prohibited area	200	400
18	Attending gathering that disturbs any other person	200	400
19	Putting up notice, interfering with sign	200	400
20	Removing, disturbing, damaging, or defacing anything in reserve	400	800
21	Causing noise likely to disturb or annoy person in reserve	300	600
22	Camping in reserve other than in specified camping site	200	400

Part 9 Onekaka Inlet Recreation Reserve Bylaws 1995

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
3	Entering or remaining in reserve while it is closed	400	800
4	Failure to leave gate in position in which it was found	200	400
5	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
6	Carrying or using dangerous weapon without prior written permission	300	600
7	Throwing things	200	400
8	Wasting or polluting water in reserve	200	400
9	Offences relating to aircraft (such as making unauthorised landing in reserve)	800	1,600
10	Offences relating to fires (such as lighting fire where it is likely to present fire hazard)	300	600
11	Littering	300	600
12	Bringing or allowing unleashed dog into reserve	200	400
13(1)	Driving vehicle or riding animal in dangerous manner	400	800
13(2)	Taking, riding, or driving any animal or vehicle into unauthorised area	200	400
14	Parking vehicle (other than bicycle) in unauthorised area, stopping vehicle in place likely to cause obstruction	200	400
15	Attending or taking part in unauthorised gathering	200	400
16	Posting or distributing any bill or notice	200	400
17	Walking on flower bed, shrubbery, grass plot, or prohibited area	200	400
18	Removing, disturbing, damaging, or defacing anything in reserve	400	800
19	Using amplified system in reserve, causing noise likely to disturb or annoy other users of reserve	300	600
20	Camping in reserve except in specified camping site if fee paid	200	400

Part 10 Paynes Ford Scenic Reserve Bylaws 1995

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
3	Entering or remaining in reserve while it is closed	400	800
4	Failure to leave gate in position in which it was found	200	400
5	Misbehaviour within reserve, failure to leave reserve if requested to do so	200	400
6	Throwing things	200	400
7	Wasting or polluting water in reserve	200	400
8	Offences relating to aircraft (such as making unauthorised landing in reserve)	800	1,600
9	Placing lighted matter in any grass or inflammable material	300	600
10	Littering	300	600
11	Bringing or allowing unleashed dog into reserve	200	400
12(1)	Driving vehicle or riding animal in dangerous manner	400	800
12(2)	Taking, riding, or driving any animal or vehicle into unauthorised area	200	400
13	Parking vehicle (other than bicycle) in unauthorised area, stopping vehicle in place likely to cause obstruction	200	400
14	Attending or taking part in unauthorised gathering	200	400
15	Posting or distributing any bill or notice	200	400
16	Removing, disturbing, damaging, or defacing anything in reserve	400	800
17	Causing noise likely to disturb or annoy other users of reserve	300	600
18	Camping in reserve	200	400

Part 11 Te Waikoropupū Springs Scenic Reserve Bylaws 2011

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
5	Entering or making contact with reserve’s waters	400	800
6	Throwing anything into reserve’s waters, polluting reserve’s land or waters	400	800
7	Leaving or burying litter in reserve	300	600
8	Lighting fire in reserve (except portable gas stove or stove in a vehicle)	300	600
9	Camping in reserve	200	400
10	Hunting or fishing in reserve	400	800
11	Using or placing watercraft on or in reserve’s waters	400	800
12	Using vehicle in unauthorised area	400	800
13	Taking animal into reserve unless exception applies	200	400
14	Erecting any temporary structure in reserve	300	600
15	Fossicking for, damaging, or removing any fossil, stone, mineral, or protected object	400	800
16	Bringing or using portable generator, public address system, or loud hailer in reserve	300	600
17	Causing noise likely to disturb or annoy person in reserve	300	600

Part 12 Waikanae Scientific Reserves Bylaws 1994

Bylaw	Description of offence	Infringement fee ($)	Maximum fine ($)
1	Entering or remaining in reserve while it is closed	400	800
2	Driving or riding any vehicle within reserve	400	800
3	Bringing or allowing any animal within reserve	200	400
4	Lighting any fire without prior written consent	300	600
5	Misbehaviour within reserve, throwing things, failure to leave reserve if requested to do so	200	400
6	Carrying or using dangerous weapon without prior written permission	300	600
7	Removing, disturbing, damaging, or defacing anything in reserve	400	800

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

3 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

7

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 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:

Anaura Bay Recreation Reserve Bylaws 1999:
Glory Cove Scenic Reserve Bylaws 2005:
Huka Falls Scenic Reserve Bylaws 1995:
Kaiteriteri Recreation Reserve Bylaws 2005:
Makaro Scientific Reserve Bylaws 1998:
Matiu Reserve Bylaws 1998:
Molesworth Recreation Reserve Bylaws 2017:
Northland Reserves Bylaws 2007:
Onekaka Inlet Recreation Reserve Bylaws 1995:
Paynes Ford Scenic Reserve Bylaws 1995:
Te Waikoropupū Springs Scenic Reserve Bylaws 2011:
Waikanae Scientific Reserves Bylaws 1994.

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

sections 105J to 105O of the Reserves Act 1977:
section 21 of the Summary Proceedings Act 1957.

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.

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

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.