by the associate minister of transport€¦ · 300 11.1 failing to ensure wake does not prevent...

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Maritime Transport (Infringement Fees for Offences—Queenstown Lakes District Council Navigation Safety

Bylaw 2018) Regulations 2019

Governor-General

Order in Council

At Wellington this day of 2019

Present:in Council

These regulations are made under section 33O of the Maritime Transport Act 1994 onthe advice and with the consent of the Executive Council.

ContentsPage

1 Title 22 Commencement 23 Interpretation 24 Infringement offences and fees 25 Infringement notices 26 Regulations revoked 2

Schedule 1Infringement offences and fees under Queenstown Lakes

District Council Navigation Safety Bylaw 2018

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Schedule 2Form for Queenstown Lakes District Council Navigation

Safety Bylaw 2018 infringement offence notice

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PCO 21612/5.0Drafted by

IN CONFIDENCE

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Typewritten Text

Withheld to protect the privacy of natural persons

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1 TitleThese regulations are the Maritime Transport (Infringement Fees forOffences—Queenstown Lakes District Council Navigation Safety Bylaw 2018)Regulations 2019.

2 CommencementThese regulations come into force on 21 March 2019.

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

Act means the Maritime Transport Act 1994bylaw means the Queenstown Lakes District Council Navigation Safety Bylaw2018provision means a provision of the bylaw.

(2) The descriptions given in the second column of Schedule 1 are intended only tobe an indication of the content of the provisions they describe, and are notintended 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 infringe-

ment fee specified in relation to that offence in the third column of Schedule 1.

5 Infringement noticesAn infringement notice in respect of an infringement offence against a provi-sion specified in the first column of Schedule 1 must be in the form set out inSchedule 2.

6 Regulations revokedThe Local Government (Infringement Fees for Offences: Queenstown LakesDistrict Navigation Safety Bylaw 2009) Regulations 2009 (SR 2009/412) arerevoked.

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Infringement offences and fees under Queenstown Lakes DistrictCouncil Navigation Safety Bylaw 2018

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Clause Description of offence Fee ($)7.1(b) Navigating vessel without due care and caution or at speed or in

manner so as to endanger any person500

8.1 An unsupervised underage person operating powered vesselcapable of exceeding 10 knots

500

8.2 Allowing an unsupervised underage person to operate poweredvessel capable of exceeding 10 knots

500

9.1(a) Exceeding 5-knot speed restriction within 50 metres of vessel,floating structure, or person

500

9.1(b) Exceeding 5-knot speed restriction within 200 metres of shore orstructure

300

9.1(c) Exceeding 5-knot speed restriction within 200 metres of vesselflying Flag A of International Code of Signals

300

9.4 Exceeding 5-knot speed restriction while person has part of bodyextending from powered vessel

300

9.5 Being towed at speed of more than 5 knots in restricted-speedlocations

300

9.6 Permitting vessel to continue onwards after water ski or similarobject dropped by person being towed

300

11.1 Failing to ensure wake does not prevent people from safely usingwaterway, or does not cause danger or risk of danger, or does notcause risk of harm

300

12.1 Embarking or disembarking while vessel is making way 30013.1 Anchoring vessel in manner that obstructs passage of vessels or

obstructs approach to wharf, pier, or jetty, or creates hazard tovessels at anchor

300

13.2 Failing to moor vessel in secure manner or without adequate orsafe means of accessing vessel

300

13.3 Placing obstruction in waters likely to restrict navigation, or causeinjury, death, or damage

500

14.1 Failing to keep vessel in seaworthy condition or leaving vesselsunk, stranded, or abandoned

300

15.1 Tying vessel to navigation aid without permission 30015.2 Damaging, removing, defacing, or otherwise interfering with

navigation aid300

16.1 Creating nuisance through use or control of vessel, speed ofvessel, or speed of item or object towed behind or used withvessel

500

16.2 Obstructing use of jetty, wharf, ramp, or launch facility owned oroperated by Queenstown Lakes District Council

300

17.1 Refuelling vessel with passengers on board 500


Bylaw 2018) Regulations 2019 Schedule 1

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ortClause Description of offence Fee ($)18.1 Failing to carry accessible and sufficient lifejackets of appropriate

size for each person on board vessel300

19.1 Failing to wear properly secured lifejacket of appropriate sizewhen instructed by person in charge of recreational vessel

300

19.2 Failing to ensure persons on recreational vessel 6 metres or lesswear proper lifejacket when vessel is making way

300

19.3 Failing to ensure persons 10 years or younger on recreationalvessel greater than 6 metres wear proper lifejacket at all times

300

19.4 Failing to ensure persons on recreational jet boat wear properlifejacket when making way

300

20.1 Failing to ensure persons on recreational vessel wear properlifejacket in situations of danger or risk

300

21.1 Towing person who is not wearing properly secured lifejacket ofappropriate size from vessel at speed exceeding 5 knots, or beingtowed from vessel at speed exceeding 5 knots when not wearingproperly secured lifejacket of appropriate size

500

23.1 Towing person from vessel at speed exceeding 5 knots withoutlookout of appropriate age

500

23.2 Being towed from vessel at speed exceeding 5 knots withoutlookout of appropriate age

300

24.1 Towing person from vessel between sunset and sunrise or inrestricted visibility

500

24.2 Being towed from vessel between sunset and sunrise 30025.2 Lake Wakatipu: operating vessel involved in parasailing in

Frankton arm of lake300

26.1 Failing to comply with Maritime Rules applicable to white waterraft used to transport fare-paying passengers or trainee guides

500

27.1 Failing to comply with Maritime Rules applicable to commercialjet boat

500

28.1(a) Swimming, diving, jumping, or related activities from or within50 metres of jetty or wharf with “no swimming” signage

300

28.1(b) Swimming or diving in area identified by harbourmaster 30029.1 Failing to conduct hot work operations in accordance with Code

of Safe Working Practices for Merchant Seafarers500

29.2 Failing to take fire precautions before or during hot workoperations

500

30.1 Failing to maintain or make available written record of dangerousgoods loaded or unloaded onto vessel

500

31.1 Failing to apply to the harbourmaster when intending to conductorganised water activity

300

32.1(a) Failing to ensure vessel keeps to starboard side of river channel 50032.1(b) Failing to give way to vessel coming downstream when going

upstream500

32.1(c) Operating vessel in conditions that do not permit safe operation 50033.1 Exceeding 5-knot speed limit on specified lakes in powered vessel 300

Schedule 1



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ortClause Description of offence Fee ($)34.1 Queenstown Bay: exceeding 5-knot speed limit within 50 metres

of access lane boundary300

35.1 Clutha River: exceeding 5-knot speed limit in specified area 30036.1 Kawarau River: resting or stopping in prohibited area 50036.2 Kawarau River: failing to give way to vessel exiting Shotover

River or failing to use extreme care at Shotover River junction500

36.3 Kawarau River: failing to navigate through correct archway ofKawarau Falls Dam control gates

500

36.4 Kawarau River: operating powered craft in prohibited area 50037.2 Lower Shotover River: commercial vessel failing to communicate

with vessels known to be using same area500

38.1 Using powered vessel for water skiing, aquaplaning, or towingpersons in prohibited area

500

39.1, 39.2 Failing to report specified incident to harbourmaster 50039.3 Moving vessel damaged by incident 50040.1 Failing to report details of near miss accident or collision 50042.1 Failing to—

• use access lane along starboard outer limit:• use access lane by most direct route:• cross access lane on heading of general direction of lane

300

42.2 Swimming in access lane 30042.3 Operating vessel in manner that obstructs or impedes passage of

person using access lane300

42.4 Using access lane in dangerous manner 30042.5 Using access lane for improper purpose 30043.6 Obstructing person using reserved area for reserved purpose 50044.1 Operating commercial vessel without licence 50044.2 Failing to comply with conditions of commercial vessel licence 50044.6 Failing to have commercial vessel licence available for inspection 30045.1 Operating commercial vessel without Maritime Operator Safety

System certificate or certificate of compliance500

46.1 Loading or unloading commercial vessel using Council structurewithout permission

500

46.2 Occupying structure or foreshore under Queenstown LakesDistrict Council ownership or control without permission

500

47.1 Placing mooring in waters, or mooring vessel in navigable water,other than in accordance with mooring permit

500

48.2 Failing to remove mooring following cancellation of mooringpermit

300

50.1 Impersonating harbourmaster, deputy harbourmaster, orenforcement officer

500

57.1(b) Preventing harbourmaster or enforcement officer from carryingout statutory functions or duties

500



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Form for Queenstown Lakes District Council Navigation SafetyBylaw 2018 infringement offence notice

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FormQueenstown Lakes District Council Navigation Safety Bylaw 2018

infringement offence noticeSection 33O, Maritime Transport Act 1994

(Front page)Notice No:

Enforcement authority[Specify enforcement authority.]Address: [specify address]Notice issued by: [full name], being a person duly authorised by the enforcementauthority

Person servedFull name:Full address:Telephone number(s):Email address:Occupation:Date of birth:Maritime document No (if applicable):

Alleged infringement offence(s) detailsDate:Time:Place:Vessel name:Vessel description:For each alleged infringement offence, specify the following, including sufficientdetails of the alleged offence to fairly inform the person of the nature of the allegedoffence:

Schedule 2



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Infringement feepayable ($)

123

Time for payment of infringement fee(s)The infringement fee is/fees are* payable to the enforcement authority within 28 daysafter [date this notice is delivered personally, or served by post].*Select one.

To whom payableThe infringement fee is/fees are* payable to the enforcement authority at [specifyaddress of enforcement authority].*Select one.

Method of paymentThe infringement fee is/fees are* payable to the enforcement authority in cash, online,or by cheque, direct credit, or credit card.*Select one.

Cash payments must be made to the enforcement agency in person at the addressshown above.To pay online, go to [specify relevant Internet site]. Online payments must refer to theinfringement notice number at the top of this notice.Cheques must be made out to [specify enforcement authority], crossed and marked“Not Transferable” or account payable only, marked with the infringement noticenumber at the top of this notice, and sent to the enforcement authority at [specifypostal address].Direct credit payments must be made to [specify account number]. The payment mustidentify the enforcement agency as the payee, and refer to the infringement noticenumber at the top of this notice.To pay by credit card, pay the enforcement agency in person at the address shownabove, or complete the credit card payment form available at [specify relevant Inter-net site]. The form must be faxed to the enforcement agency at [specify fax number].

ImportantPlease read the statement of rights over the page.



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Statement of rightsIf there is anything in this statement you do not understand, you should consult a law-yer.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 decidewhat to do in respect of each alleged offence individually, and may act in thesame way in respect of all alleged offences or in different ways in respect ofdifferent alleged offences, as set out below.Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act1957, you enter or have entered into a time-to-pay arrangement with theenforcement authority in respect of an infringement fee payable by you, para-graphs 4(b) and (c), 5, and 6 do not apply and you are not entitled either torequest a hearing to deny liability or to ask the court to consider any submis-sions (as to penalty or otherwise) in respect of the infringement.

Payment2 If you pay the infringement fee for an alleged offence within 28 days after the

service of this notice on you, no further enforcement action will be taken forthat offence. Payments may be made as indicated on the other side of thisnotice.

Defence3 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 inaccordance with this notice within 28 days after the service on you of areminder notice (see paragraph 7). Late payment or payment made to any otheraddress will not constitute a defence.

Further action4 You may write to the enforcement authority at the address shown on the other

side of this infringement notice 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 (see 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 (see paragraphs 6 and 9).The letter must be signed by you and delivered to the enforcement authority atthe address shown on the other side of this infringement notice before or within28 days after the service of a reminder notice (see paragraph 7), or within anyfurther time that the enforcement authority allows.

Schedule 2



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ort5 If you deny liability for the offence and request a hearing, the enforcement

authority will (unless it decides not to commence court proceedings in respectof the offence) serve you with a notice of hearing setting out the place and timeat which the matter will be heard by the court.

6 If you admit liability for the offence but wish the court to consider your sub-missions as to penalty or otherwise, you must, in your letter to the enforcementauthority,—(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 itdecides not to commence court proceedings in respect of the offence).

Non-payment of fee7 If you do not pay the infringement fee or deliver a request for a hearing within

28 days after being served with this notice, you will be served with a remindernotice (unless the enforcement authority decides otherwise).

8 If you do not pay the infringement fee and do not deliver a request for a hear-ing in respect of the alleged offence within 28 days after being served with thereminder notice, you will become liable to pay costs in addition to the infringe-ment fee (unless the enforcement authority decides not to commence proceed-ings against you).

Queries and correspondence9 When writing to the enforcement authority or making payment of an infringe-

ment 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 outmore than 1 offence and you are not paying all the infringement fees forthe alleged offences); and

(d) your full address for replies (if you are not paying all the infringementfees for the alleged offences).

If it is not clear which alleged offence any payment relates to, your paymentmay be treated as relating to the alleged offences in the order in which they areset out on the other side of this notice.Note: All queries and correspondence regarding the infringement offence(s)must be directed to the enforcement authority at the address shown on the otherside of this notice.



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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 come into force on 21 March 2019. They specify which breaches ofthe Queenstown Lakes District Council Navigation Safety Bylaw 2018 (the bylaw)are infringement offences under the Maritime Transport Act 1994 (the Act).Regulation 4 provides that the breaches of the bylaw specified in Schedule 1 areinfringement offences under the Act and that the infringement fees set out in thatschedule apply to those breaches.Regulation 5 provides that an infringement notice for the infringement offences cre-ated by regulation 4 must be in the form set out in Schedule 2.Regulation 6 provides for the revocation of the Local Government (Infringement Feesfor Offences: Queenstown Lakes Navigation Safety Bylaw 2009) Regulations 2009,which are replaced by these regulations.

Issued under the authority of the Legislation Act 2012.Date of notification in Gazette:These regulations are administered by the Ministry of Transport.

Explanatory note



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by the associate minister of transport€¦ · 300 11.1 failing to ensure wake does not prevent...

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