Maritime Transport Act 1994

Local regulation of maritime activity - Navigation bylaws

33P: Infringement notices

You could also call this:

"A fine you get for breaking a navigation rule"

Illustration for Maritime Transport Act 1994

You can get an infringement notice if you break a navigation bylaw. A harbourmaster, enforcement officer, or constable can give you this notice. They can do this if they see you breaking a bylaw or think you have broken one. You get the notice when it is given to you in person. It is also considered given if it is sent to your last known address, as stated in the Summary Proceedings Act 1957. The notice must have certain information on it, like what you did wrong and how much you have to pay. It must also tell you where and when to pay, and what happens if you do not pay or ask for a hearing. The notice will tell you about your right to request a hearing, as outlined in section 21(10) of the Summary Proceedings Act 1957. If you get a notice, you might still have to go to court, following section 21 of the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5691726.

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Part 3ALocal regulation of maritime activity
Navigation bylaws

33PInfringement notices

  1. A harbourmaster, an enforcement officer, or a constable may serve an infringement notice on any person that he or she—

  2. observes committing an infringement offence; or
    1. has reasonable cause to believe—
      1. is committing an infringement offence; or
        1. has committed an infringement offence.
        2. An infringement notice—

        3. is served if the notice or a copy of it is delivered personally to the person alleged to have committed the offence:
          1. is to be treated as served for the purposes of the Summary Proceedings Act 1957 if the notice or a copy of it has been posted to the last known place of residence or business of the person alleged to have committed the offence.
            1. Every infringement notice must be in the prescribed form and must contain the following:

            2. such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
              1. the amount of the infringement fee specified for that offence; and
                1. the address of the place at which the infringement fee may be paid; and
                  1. the time within which the infringement fee must be paid; and
                    1. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
                      1. a statement that the person served with the notice has a right to request a hearing; and
                        1. a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
                          1. any other prescribed particulars.
                            1. If an infringement notice has been issued under this section, proceedings may be commenced in respect of the offence to which the notice relates in accordance with section 21 of the Summary Proceedings Act 1957, and the provisions of that section apply with all necessary modifications.

                            Compare
                            Notes
                            • Section 33P: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).