Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698829980868.pdf (New Zealand)
2009/411 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Anand Satyanand, Governor-General Order in Council At Wellington this 14th day of December 2009 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.
Contents Title Commencement Interpretation Infringement offences and fees Infringement notices Revocation Page 2 2 2 2 3 3 1 r 1 1 2 3 (1) (2) Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Schedule 1 Infringement offences and fees under Southland Regional Council Navigation Safety Bylaws 2009 Schedule 2 Form of notice for Southland Regional Council Navigation Safety Bylaws 2009 infringement offence 2009/411 3 7 Regulations Title These regulations are the Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009.
Commencement These regulations come into force on the day after the date of their notification in the Gazette.

Interpretation In these regulations, unless the context otherwise requires,— Act means the Local Government Act 1974 provision means a provision of the Southland Regional Coun- cil Navigation Safety Bylaws 2009.
The descriptions given in the second column of Schedule 1 are intended only to be an indication of the content of the pro- visions they describe, and are not intended to be used in the interpretation of the provisions.

Infringement offences and fees 4 (1) A breach of a provision specified in the first column of Sched- ule 1 is an infringement offence against the Act.
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.

(2) 2 2009/411 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Schedule 1 5 6 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.
Revocation The Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws) Regulations 2004 (SR 2004/412) are revoked.
Schedule 1 Infringement offences and fees under Southland Regional Council Navigation Safety Bylaws 2009 Provision cl 1.1.4 cl 2.1.1 cl 2.1.6 cl 2.1.7 cl 2.2.1 cl 2.3.1 cl 2.4.1 cl 2.5.1 cl 2.5.2 cl 2.5.3 cl 2.6.1 Description of offence Failing to comply as soon as is reasonably pos- sible with a requirement of the Harbourmaster, an enforcement officer, or an honorary enforcement officer Failing to carry personal flotation devices on recreational craft as required Failing to wear a personal flotation device Failing to ensure a person being towed is wearing a personal flotation device Failing to carry an appropriate means of commu- nication on board a craft Swimming, diving, or jumping around or off wharves, jetties, or other areas designated by the Harbourmaster Operating a propulsion system of a vessel while it is lying at a wharf or unloading, in such a way that it may cause damage Failing to keep an anchored or moored vessel in a seaworthy condition Failing to move, in accordance with direction, an unseaworthy vessel that is a navigation hazard Operating an unseaworthy vessel Impeding the landing or taking off of a seaplane rr 3–5 Fee ($) 200 100 100 100 100 100 100 200 200 200 200 3 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Description of offence Failing to adequately anchor, moor, or secure a vessel Cutting, breaking, or destroying moorings or fas- tenings of a vessel Anchoring or mooring in prohibited anchorage Anchoring a
 vessel so as to obstruct other vessels or the approach to any commercial wharf, pier, or jetty, or creating a hazard for vessels at anchor, recreational craft, swimmers, or water users Obstructing navigation of a waterway or access to certain places Placing an obstruction in a waterway that is liable to restrict navigation, cause or have the potential to cause loss of life or injury, or cause damage Leaving equipment extended over the side of a vessel so as to cause hazard to another vessel Failing to
 notify a collision or accident to the Har- bourmaster Moving a vessel whose seaworthiness is or may be affected by a collision or accident Securing a vessel to a navigation aid without prior permission of the Harbourmaster Damaging, with a navigation aid or warning Erecting, maintaining, or displaying any beacon, buoy, or other device that may be used as, or mis- taken for, a navigation aid without prior permis- sion Fitting a vessel with unauthorised flashing lights, sirens, or other sound or light signals Unauthorised use of blue flashing lights removing, defacing, or interfering Unauthorised use of purple flashing lights Using whistles, sirens, or horns within harbour area Failing to identify a vessel with appropriate mark- ings Allowing a person under the age of 15 years to op- erate unsupervised a vessel capable of exceeding 10 knots Exceeding 5 knots in certain conditions Exceeding 5 knots while any part of a person is extended over the fore part, bow, or side of a vessel 2009/411 Fee ($) 100 100 200 200 100 200 100 100 200 200 200 100 100 100 100 100 100 200 200 100 Schedule 1 Provision cl 2.7.1 cl 2.7.2 cl 2.8.1 cl 2.8.2 cl 2.9.1 cl 2.9.2 cl 2.9.3 cl 2.10.1 cl 2.10.3 cl 2.11.1 cl 2.11.2 cl 2.11.4 cl 2.12.1 cl 2.12.2 cl 2.12.3 cl 2.12.5 cl 2.14.1 cl 3.1.2 cl 3.2.1 cl 3.2.2 4 2009/411 Provision cl 3.2.3 cl 3.2.4 cl 3.3.1 cl 3.3.2 cl 3.4.1 cl 3.4.2 cl 3.6.1 cl 3.6.2 cl 3.6.3 cl 3.6.4 cl 3.6.5 cl 3.10.1 cl 3.12.1 cl 3.13.1 cl 3.14.2 cl 3.15.1 cl 4.1.1 cl 4.2.1
 cl 4.2.2 cl 4.2.3 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Description of offence Exceeding 5 knots while being towed in specified areas Failing to recover water ski or similar object from the water Towing a person without a person on board re- sponsible for notifying a mishap Causing or allowing oneself to be towed without a person on board responsible for notifying a mishap Towing a person between sunset and sunrise
 Allowing oneself to be towed between sunset and sunrise Failing to navigate an access lane by the most di- rect route and on starboard side Failing to travel through an access lane by the most direct route and on the starboard side of the lane while being towed Proceeding dangerously in an access lane Obstructing a person using an access lane Using an access lane otherwise than for declared purpose Obstructing a person while the person is using a reserved area for the purpose for which it was re- served Operating a vessel in breach of Maritime Rule 22 (Collision Prevention) Impeding the navigation of any vessel of 500 gross tonnage or more within a pilotage or harbour area Navigating or stopping a vessel within the moving prohibited zone of any other vessel Failure by a master to display flag A when diving is in operation Moving or loading explosives greater than certain weight without the permission of the Harbourmas- ter Failing to display a red flag or the flag B or a red light at night on a vessel carrying or intending to load explosives Failing to remain 200 m or more from a vessel carrying or loading explosives as cargo Operating a vessel carrying explosives within 200 m of another vessel Schedule 1 Fee ($) 200 100 200 200 200 200 100 100 200 100 100 100 200 200 200 200 200 200 200 200 5 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Description of offence Failing to display the
 red flag B or a red light at night on an oil tanker Failure of the master of an oil tanker to observe duties while in port Failing to ensure that an oil tanker does not lie within 30 m of another vessel without the consent of the Harbourmaster Failing to notify the Harbourmaster of hot work operations or failing to operate in accordance with that notification Failing to keep to starboard (right) side of a river channel Failing, if going upstream on river, to give way to a vessel coming downstream Operating
 a vessel on river when weather condi- tions make it unsafe to do so Operating any motorised vessel on South Mavora Lake Operating a hovercraft or personal watercraft on North Mavora Lake Operating a vessel at a speed greater than 5 knots in Hall Arm, Doubtful Sound, southwest of the Narrows Operating a personal watercraft within 200 m of the shore in Colac Bay Operating a personal watercraft within 200 m of the shore at Oreti Beach Operating a personal watercraft (or other mo- torised vessels at speeds greater than 5 knots) within specified areas at Porpoise Bay Operating a vessel for hire or reward not subject to Maritime Rules without a licence Operating vessel on Freshwater River in excess of 5 knots within 50 m of any vessel, raft, or person in the water Failing to keep jet boat noise to a reasonable level 2009/411 Fee ($) 200 200 200 200 100 100 100 100 100 100 100 100 100 100 100 200 Schedule 1 Provision cl 4.3.1 cl 4.4 cl 4.5.1 cl 4.6 cl 5.1.1(a) cl 5.1.1(b) cl 5.1.1(c) cl 5.6.1 cl 5.6.2 cl 8 cl 9 cl 10 cl 11 cl 12.3.1 Sch 9, para 6.5.2 Sch 9, para 6.8.1 6 2009/411 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Schedule 2 r 5 Schedule 2 Form of notice for Southland Regional Council Navigation Safety Bylaws 2009 infringement offence Form Southland Regional Council Navigation Safety Bylaws infringement offence notice Section 699A, Local Government Act 1974 Notice No: Enforcement
 authority [Specify enforcement authority.]
To Full name: Full address: Occupation: Date of birth: Marine 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 Offence Infringement fee payable ($) 7 Schedule 2 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 2009/411 Form—continued Time for payment of infringement fee(s) The infringement fee(s) is/are* payable to the enforcement author- ity within 28 days after [date this notice is delivered personally, or served by post].
*Select one.

To whom payable The infringement fee(s) is/are* payable to [specify address of en- forcement authority].

*Select one.

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

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

Issued by: [full name], being a person duly authorised by the South- land Regional Council.
Important Please read the statement of rights below.

Statement of rights If, after reading this statement, there is anything in it you do not understand, 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 in- fringement 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.
8 2009/411 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Schedule 2 Form—continued Note: If, under section 21(3A) or (3C)(a) of the Summary Pro- ceedings Act 1957, you enter or have entered into a time-to- pay arrangement with an informant in respect of an infringe- ment 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 enforce- ment action will be taken for that offence.

Payments may be made at the places indicated on the front page of this notice.
Defence 3 You have a complete defence against proceedings for an al- leged 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 a letter to the enforcement authority at the ad- dress shown on the front page of this notice if you wish to— raise any matter relating to the circumstances of an al- (a) leged offence for consideration by the enforcement au- thority; or deny liability for the offence and request a court hearing (refer to paragraphs 5 and 9); or 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).
(b) (c) The letter must be signed by you and delivered to the enforce- ment authority at the address specified in this infringement no- tice and in a reminder notice in respect of the offence before 9 Schedule 2 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 2009/411 5 6 Form—continued or within 28 days after the service of the reminder notice, or within such further time as the enforcement authority may al- low.
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.
If you admit liability for the offence, but wish the court to con- sider your submissions as to penalty or otherwise, you must, in your letter to the enforcement authority,— (a) (b) (c) request a hearing; and admit liability; and 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 Unless the enforcement authority decides otherwise, you will be served with a reminder notice if, within 28 days after being served with this notice, you do not— (a) (b) pay the infringement fee; or deliver to the enforcement authority at its address spe- cified in this notice a letter requesting a hearing of the offence.
Unless the enforcement authority decides not to commence proceedings against you, you will become liable to pay costs in addition to the infringement fee if, within 28 days after being served with a reminder notice, you do not— (a) (b) pay the infringement fee; or deliver to the enforcement authority at its address speci- fied in the reminder notice a letter requesting a hearing of the offence.
8 10 2009/411 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 Explanatory note Form—continued Queries and correspondence 9 When writing or making payment of an infringement fee, please indicate— (a) (b) (c) the date of the infringement offence; and the infringement notice number; and 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 al- leged offences); and your full 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 on the front of this notice.

Note: All queries and correspondence regarding the infringe- ment offence(s) must be directed to the enforcement authority named in this notice at the address shown.

(d) Rebecca Kitteridge, 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 the day after the date of their notification in the Gazette, specify which breaches of the South- land Regional Council Navigation Safety Bylaws 2009 are infringe- ment offences for the purposes of section 699A of the Local Govern- ment 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.

11 Local Government (Infringement Fees for Offences: Southland Regional Council Navigation Safety Bylaws 2009) Regulations 2009 2009/411 Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 17 December 2009.

These regulations are administered by the Department of Internal Affairs.

12 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009