Complete agenda for October 2009 Council Meeting (pdf, 1610KB)

Northland Regional Council - 21 October 2009 Page 52 Item 9LOCAL GOVERNMENT ACT 1974, LOCAL GOVERNMENT ACT 2002,NORTHLAND REGIONAL COUNCIL NAVIGATION SAFETY BYLAW 2007 andLOCAL GOVERNMENT (INFRINGEMENT FEES FOR OFFENCES: NORTHLANDREGIONAL COUNCIL NAVIGATION SAFETY BYLAW) REGULATIONS 2008Maritime, coastal monitoring and river management officers hold delegations andwarrants under the above Acts and Regulations. The Local Government(Infringement Fees for Offences: Northland Regional Council Navigation SafetyBylaw) Regulations 2008 was enacted pursuant to section 699A of the LocalGovernment Act 1974. It specifies which breaches of the Northland Regional CouncilNavigation Safety Bylaw 2007 (itself enacted pursuant to section 684B of the LocalGovernment Act 1974) are infringement offences for the purposes of section 699A ofthe Local Government Act 1974. It also prescribes the infringement fees for thoseinfringement offences. As such it provides the framework with which to uphold andenforce the Northland Regional Council Navigation Safety Bylaw 2007.(Councillors may also wish to note that various staff are authorised by the Director ofMaritime New Zealand to exercise powers under the Maritime Transport Act 1994.)Section of ActS650C (LGA 1974) Power to enter ships andmaritime facilities and to give directions as to entryand departure, mooring and securing shipsS650E (LGA 1974) Power to request names andaddresses to be provided and take action in theinterests of navigation safetyS171 (LGA 2002) Power to enter landS172 (LGA 2002) Power to enter land to detectbreachS173 (LGA 2002) Power to enter without prior noticeS178 (LGA 2002) Power to directS650D (LGA 1974) Power to direct the mooring andremoval of ships and floating or submerged objectsS650K (LGA 1974) Power to direct the removal of awreckPower to issue Infringement Notices under the LocalGovernment Acts 1974 (including sections 699A-D)and 2002 in relation to the Northland RegionalCouncil Navigation Safety Bylaw 2007 and the LocalGovernment (Infringement Fees for Offences:Northland Regional Council Navigation SafetyBylaw) Regulations 2008Warranted authority explanationGeneral powers of authoritydelegated to maritime officers.Coastal monitoring and rivermanagement officers do not requirepowers under LGA 1974.Powers limited to Harbourmasterand Deputy HarbourmasterWarrants to be issuedunder LocalGovernment Act 2002Local GovernmentAct 2002LocalGovernmentAct 1974Local GovernmentActs/ BylawStaff / Contractor171172173178650D650KLGA/BylawAnthony Phipps