Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003: revoked, on 6 November 2008, by regulation 6 of the Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2008 (SR 2008/380).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Department of Internal Affairs.

Pursuant to section 699A of the Local Government Act 1974, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 Interpretation

4 Infringement offences and fees

5 Infringement notices

Schedule 1
Infringement offences and fees under Hawke's Bay Regional Navigation and Safety Bylaws 2002

Schedule 2
Hawke's Bay Regional Navigation and Safety Bylaws infringement offence notice

1 Title

These regulations are the Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation

(1) In these regulations, unless the context otherwise requires,—

Act means the Local Government Act 1974

provision means a provision of the Hawke's Bay Regional Navigation and Safety Bylaws 2002.

(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 for that offence in the third column of Schedule 1.

5 Infringement notices

Every infringement notice for an infringement offence against a provision specified in the first column of Schedule 1 must be in the form set out in Schedule 2.

rr 4, 5

Provision	Description of offence	Fee
cl 2.1.1	Failing to carry required personal flotation devices	200
cl 2.1.5	Failing to ensure that all those on board are wearing personal flotation devices as required	200
cl 2.2.1	Diving or swimming within 50 metres of any jetty, wharf, or quay in regular use, or within any designated anchorage or mooring area	100
cl 2.3.1	Operating propulsion system inappropriately	100
cl 2.3.2	Testing propulsion system without taking specified precautions	100
cl 2.4.1	Failing to maintain anchored or moored vessel in seaworthy condition	200
cl 2.5.1	Impeding seaplane landing or taking off	200
cl 2.6.1	Anchoring so as to obstruct a vessel or the approach to a wharf, pier, or jetty	100
cl 2.6.2	Cutting, breaking, destroying, or unlawfully detaching the mooring or the fastening to a structure of a vessel	200
cl 2.7.1	Obstructing access to a wharf or other landing place	100
cl 2.7.2	Placing any obstruction (including fishing apparatus), liable to restrict navigation or cause loss of life or injury, in any waters	200
cl 2.8.1	Failing to report collision or accident	100
cl 2.9.1	Tying to navigation aid without prior written permission of Harbourmaster	100
cl 2.9.2	Damaging, removing, defacing, or otherwise interfering with navigation aid or warning	200
cl 2.9.3	Erecting, displaying, or maintaining, without authorisation, any device that may be mistaken for a navigation aid	200
cl 2.10.1	Sounding whistle, siren, or horn in breach of requirements	100
cl 2.11.1	Failing to show navigation lights during hours of darkness or restricted visibility	200
cl 2.11.2	Failing to display, while at anchor, navigation lights during hours of darkness	200
cl 3.1.2	Allowing under-age person to operate, without direct supervision, vessel capable of exceeding 10 knots	200
cl 3.2.1	Exceeding 5 knots in specified areas (including when vessel towing person or object)	200
cl 3.2.2	Exceeding 5 knots while any part of a person is extended over the fore part, bow, or side of vessel	100
cl 3.2.3	Causing or allowing self to be towed in specified areas at speed greater than 5 knots	200
cl 3.2.4	Continuing vessel onwards without acting to recover water ski after any person being towed has dropped ski	100
cl 3.3.1	Towing person at speed greater than 5 knots without additional person on board responsible for notifying a mishap	100
cl 3.3.2	Causing or allowing self to be towed without additional person on board responsible for notifying a mishap	100
cl 3.3.3	Towing person with person responsible for notifying mishaps being under-age	100
cl 3.4.1	Operating vessel towing person between sunset and sunrise	100
cl 3.4.2	Allowing self to be towed by a vessel between sunset and sunrise	100
cl 3.5.1	Failing to take most direct starboard route through access lane	100
cl 3.5.2	Failing to take most direct starboard route while towing, or allowing self to be towed, through access lane	100
cl 3.5.3	Proceeding in access lane in a manner dangerous to any other vessel or person in the access lane	200
cl 3.5.4	Obstructing person using access lane for declared purposes	100
cl 3.5.5	Using access lane for other than declared purposes	100
cl 3.7.1	Obstructing a person while that person is using a reserved area for the purpose for which reserved	100
cl 3.8	Failing to obtain permission for special events	100
cl 4.1.1	Carrying or intending to load explosives without displaying Flag B (by day) or red all round light (by night)	100
cl 5.4.1	Operating, for hire or reward. vessel not subject to Safe Ship Management, without commercial vessel licence	100
cl 5.4.2	Operating vessel while commercial vessel licence temporarily suspended	100
Sch 1.4.1	Navigating vessel in Napier Pilotage Area in breach of requirements	100
Sch 1.4.2	Impeding navigation within Napier Pilotage Area of vessels of 500 gross tonnes or more with a vessel less than 500 gross tonnes	200
Sch 1.4.3(a), (b), (d), and (e)	Failing to comply with radio clearance requirements for Breakwater Harbour and its Approach Channel	100
Sch 1.4.3(c)	Entering Breakwater Harbour by recreational craft while vessel manoeuvring in Harbour or its Approach Channel	100
Sch 1.4.4	Anchoring vessel or setting net, line, or crayfish pots in Breakwater Harbour or its Approach Channel	100
Sch 1.5(d)	Failing to comply with surfriding reserved area rules	100
Sch 1.5(f)	Anchoring vessel or setting net, line, or crayfish pots in designated access lane, reserved area, Inner Harbour and its Approach Channel, or Breakwater Harbour and its Approach Channel	100
Sch 1.5(g)	Operating powered vessel in Ahuriri Estuary upstream of Pandora Bridge without authorisation	100
Sch 1.5(h)	Kite surfing, paragliding, or taking part in other activity involving airborne people or equipment in Napier Pilotage area without authorisation	200
Sch 2.1	Exceeding 5 knots within 5 metres of Wairoa River Bank	100
Sch 2.3	Failing to comply with speed restrictions or travelling in Area C other than anticlockwise direction	100
Sch 2.3 Area D	Using reserved area with other than specified vessels or exceeding 5 knots within reserve area	100
Sch 2.3 Area F	Failing to comply with speed restrictions during duck shooting or white-baiting seasons	100
Sch 2.6	Failing to keep vessel to starboard side of river channel, or, if going upstream, failing to give way to any vessel coming downstream, or operating vessel in unsafe river and weather conditions	100

r 5

The infringement notice in Schedule 2 was amended, as from 10 October 2006, by regulation 4 Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Amendment Regulations 2006 (SR 2006/256) by substituting the words “Full address:” for the expression “Address:”.

Diane Morcom,

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 28 days after the date of their notification in the Gazette, specify which breaches of the Hawke's Bay Regional Navigation and Safety Bylaws 2002 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 Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 December 2003.

1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)

Notes

1 General

This is an eprint of the Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003. It incorporates all the amendments to the regulations as at 6 November 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint

This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official” under “Status of legislation on this site” in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)

Local Government (Infringement Fees for Offences: Hawke's Bay Regional Council Navigation Safety Bylaws) Regulations 2008 (SR 2008/380): regulation 6

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Local Government (Infringement Fees for Offences: Hawke's Bay Regional Navigation and Safety Bylaws) Regulations 2003