Local Government (Infringement Fees for Offences: Manawatu River and Tributaries Navigation and Safety Bylaw 2010) Regulations 2010

2010/417

Crest

Local Government (Infringement Fees for Offences: Manawatu River and Tributaries Navigation and Safety Bylaw 2010) Regulations 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 15th day of November 2010

Present:
His Excellency the Governor-General in Council

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: Manawatu River and Tributaries Navigation and 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 Manawatu River and Tributaries Navigation and 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 Manawatu River and Tributaries Navigation and Safety Bylaw 2010

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Provision Description of offence Fee ($)
cl 2.1.1 Failing to carry sufficient personal flotation devices on recreational craft 200
cl 2.1.5 Failing to ensure persons on board recreational craft wear flotation devices 200
cl 2.2.1 Operating propulsion system of vessel at wharf, jetty, pier, or ramp in way that may cause damage or injury 100
cl 2.3.1 Diving, swimming, or other related activities near wharf, jetty, pier, or ramp 100
cl 2.4.1 Anchoring vessel so as to cause obstruction 100
cl 2.4.2 Cutting, breaking, destroying, or unlawfully detaching moorings or fastenings of vessel 200
cl 2.4.3 Failing to ensure adequate and safe means of access to vessel 100
cl 2.5.1 Obstructing access by water to wharf, landing place, boat ramp, or mooring 100
cl 2.5.2 Placing obstruction in waters if liable to restrict navigation, injure person, or damage property 200
cl 3.1.2 Permitting person under 15 years to be in charge of, propel, or navigate power driven vessel 100
cl 3.2.1 Exceeding 5 knots in specified areas 200
cl 3.2.2 Exceeding 5 knots while any part of person is extended over fore part, bow, or side of vessel 100
cl 3.2.3 Exceeding 5 knots while being towed in specified areas 200
cl 3.2.4 Exceeding 5 knots in contravention of Harbourmaster's direction 300
cl 3.2.5 Exceeding 5 knots in specified areas at certain times of year 200
cl 3.2.6 Failing to recover dropped water ski or similar object 100
cl 3.3.1 Failing to ensure wake does not cause danger or risk of damage to other vessel or structure, or harm to person 200
cl 3.5.1 Towing person without person on board responsible for notifying mishap 100
cl 3.5.2 Being towed without person on board responsible for notifying mishap 100
cl 3.6.1 Towing person between sunset and sunrise 200
cl 3.6.2 Being towed between sunset and sunrise 200
cl 3.7.1 Obstructing person using reserved area 100
cl 3.8.1 Damaging, removing, defacing, or interfering with aid to navigation 200
cl 4.2.5 Failing to attend to public notice in form acceptable to Harbourmaster 100
cl 4.4.4 Failing to stop vessel and supply name and address 100

Schedule 2
Form of notice for Manawatu River and Tributaries Navigation and Safety Bylaw 2010 infringement offence

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Form
Manawatu River and Tributaries Navigation and 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 Manawatu–Wanganui 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 Manawatu River and Tributaries Navigation and 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 Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 November 2010.

These regulations are administered by the Department of Internal Affairs.