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Maritime Transport Act 1994

Local regulation of maritime activity - Navigation bylaws

33P: Infringement notices

You could also call this:

"What happens when you get a fine for breaking a boat rule"

If you break a navigation bylaw, a harbourmaster, an enforcement officer, or a constable can give you an infringement notice. They can do this if they see you breaking the bylaw or if they have a good reason to think you are breaking it. They can also give you a notice if they think you have already broken a bylaw.

You will get the infringement notice if it is given to you in person. If it is sent to you by post, it is considered served if it is sent to your last known address. The notice must include details of what you are alleged to have done wrong, the fee you have to pay, and where and when you have to pay it. It must also tell you about your right to a hearing and what will happen if you do not pay the fee or ask for a hearing. You can find more information about this in the Summary Proceedings Act 1957.

If you get an infringement notice, you might still have to go to court. This would happen according to the rules in section 21 of the Summary Proceedings Act 1957. The infringement notice must follow a special format and include all the necessary information, such as a summary of the provisions of section 21(10) 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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33O: Infringement offences relating to navigation bylaws, or

"Breaking navigation rules can lead to a fine of up to $1,000"

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33Q: Entitlement to infringement fees, or

"When you break a boat rule, the council keeps the fine money"

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).