Conservation (Infringement Offences in Regulations) Amendment Regulations 2019
2019/326
Conservation (Infringement Offences in Regulations) Amendment Regulations 2019
Patsy Reddy, Governor-General
Order in Council
At Wellington this 16th day of December 2019
Present:
Her Excellency the Governor-General in Council
These regulations are made on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Conservation, under—
section 48C of the Conservation Act 1987:
section 24 of the Marine Reserves Act 1971:
section 72 of the Wildlife Act 1953.
Contents
Regulations
1 Title
These regulations are the Conservation (Infringement Offences in Regulations) Amendment Regulations 2019.
2 Commencement
These regulations come into force on 3 February 2020.
Part 1 Amendment to Conservation (Whirinaki Conservation Park: Vehicles) Regulations 2011
3 Amendment to Conservation (Whirinaki Conservation Park: Vehicles) Regulations 2011
This Part amends the Conservation (Whirinaki Conservation Park: Vehicles) Regulations 2011.
4 Regulation 13 replaced (Offences)
Replace regulation 13 with:
13 Infringement offence
(1)
A person who drives a vehicle on a walking track commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
(2)
Subclause (1) does not apply to—
(a)
the Director-General, or their delegate:
(b)
the Minister of Conservation, or their delegate:
(c)
employees of the Department:
(d)
a person responding to an emergency involving danger to life or property:
(e)
a person who has express authorisation under—
(i)
a contract, permit, concession, right, or other authority under the Conservation Act 1987; or
(ii)
a permit granted under regulation 4, including an extension under regulation 6; or
(iii)
a notice published under regulation 8, including a further notice under regulation 10.
Part 2 Amendments to Freshwater Fisheries Regulations 1983
5 Amendments to Freshwater Fisheries Regulations 1983
This Part amends the Freshwater Fisheries Regulations 1983.
6 Regulation 20 amended (Obligation of anglers to give name and address and to produce licence or identification)
In regulation 20, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $200; or
(b)
a fine imposed by a court not exceeding $400.
7 Regulations 21 and 22 amended
In regulations 21 and 22, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
8 Regulation 24 replaced (Register for sports fish)
Replace regulation 24 with:
24 Register for sports fish
(1)
A manager or person in charge of any commercial freezing chamber or commercial smokehouse must not receive any sports fish or have any sports fish on the premises, unless the following details are kept in a record on the premises as a register for sports fish under this regulation:
(a)
the date and time of deposit of the fish on the premises:
(b)
the number and species of fish:
(c)
the total weight of fish:
(d)
the name and address of the owner of the fish:
(e)
the number and the district of issue of the licence (if any) of the owner of the fish:
(f)
the address (if any) to which the fish are to be forwarded.
(2)
A manager or person in charge of any commercial freezing chamber or commercial smokehouse must retain registers compiled under subclause (1) for at least 6 months after the date of the last entry.
(3)
An officer may enter, at all reasonable times, any such premises in order to inspect any fish on the premises and to inspect and copy any entries from the register.
(4)
A person who contravenes subclause (1) or (2) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
9 Regulation 25 amended (Details to be attached to sports fish)
In regulation 25, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
10 Regulation 26 amended (No gifts of sports fish)
In regulation 26, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
11 Regulation 27 amended (Maximum weight of sports fish)
In regulation 27, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
12 Regulation 28 replaced (No unauthorised canning of sports fish)
Replace regulation 28 with:
28 No unauthorised canning of sports fish
(1)
A person must not can sports fish, or be in possession of canned sports fish, except in accordance with these regulations.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
13 Regulation 29 amended (No payment for canning sports fish)
In regulation 29, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
14 Regulation 30 replaced (No sale of canned sports fish)
Replace regulation 30 with:
30 No sale of canned sports fish
(1)
A person must not sell cans that contain sports fish.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
15 Regulation 31 amended (No trading of sports fish for canned sports fish)
In regulation 31, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
16 Regulations 32 to 36 replaced
Replace regulations 32 to 36 with:
32 Marking cans of sports fish
(1)
A person must not can sports fish unless, on the same day, that person marks each can clearly and correctly with—
(a)
the name of the licence holder who caught the fish; and
(b)
the number and district of issue of their licence; and
(c)
the date and place where the fish was caught.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
33 No interference with marked cans of sports fish
(1)
A person must not deface, obliterate, or alter any information marked on a can containing sports fish.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
34 No false marking of canned sports fish
(1)
A person must not mark on a can containing sports fish any incorrect or misleading information.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
35 Marking cans before parting with them
(1)
A person must not give away or in any way dispose of any can containing sports fish unless the can is marked in accordance with the provisions of regulation 32.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
36 No fishing while holding unmarked cans
(1)
A person must not continue to fish on any day when they have in their possession any can containing sports fish on which the information required by regulation 32 has not been marked.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
17 Regulations 37 and 38 amended
In regulations 37 and 38, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
18 Regulation 39 amended (Possession of canned sports fish)
In regulation 39, replace “painted or engraved”
with “marked”
.
19 Regulation 40 amended (No canned sports fish in public eating house)
In regulation 40, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
20 Regulation 42 amended (Culverts and fords)
After regulation 42(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
21 Regulation 43 replaced (Dams and diversion structures)
Replace regulation 43 with:
43 Dams and diversion structures
(1)
The Director-General may require that a dam or diversion structure proposed to be built include a fish facility, except if the dam or diversion structure is subject to a water right issued before 1 January 1984 under the Water and Soil Conservation Act 1967.
(2)
A person proposing to build a dam or diversion structure must—
(a)
notify the Director-General; and
(b)
forward a submission seeking the Director-General’s approval or dispensation from the requirements of these regulations; and
(c)
supply to the Director-General any information that is reasonably required to assist the Director-General in deciding any requirements that may apply (including plans and specifications of the proposed structure and any proposed fish facility).
(3)
If the Director-General considers that the information supplied under subclause (2)(c) is inadequate, the Director-General may, within 28 days, advise the applicant as to what further information is required.
(4)
A person who contravenes a requirement of the Director-General under subclause (1), or contravenes subclause (2), commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(5)
Subclause (4) does not prevent the prosecution of, and conviction for, a contravention of a requirement of the Director-General under subclause (1).
22 Regulation 44 amended (Requirement for a fish facility)
After regulation 44(5), insert:
(6)
A person who contravenes a requirement of the Director-General under subclause (1), or contravenes subclause (5), commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(7)
Subclause (6) does not prevent the prosecution of, and conviction for, a contravention of a requirement of the Director-General under subclause (1), or a contravention of subclause (5).
23 Regulation 45 replaced (Adequate water)
Replace regulation 45 with:
45 Adequate water
(1)
The manager of a dam or diversion structure that includes a fish facility must, subject to the Resource Management Act 1991 and any relevant determination under that Act, maintain a flow of water through or past the fish facility in sufficient quantity to allow the facility to function as specified at all times or periods specified.
(2)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(3)
However, a person is not liable under subclause (1) if their contravention is—
(a)
due to drought, flood, or other sources beyond their control; and
(b)
made good as soon as is reasonably possible.
24 Regulation 47 replaced (Damage)
Replace regulation 47 with:
47 Damage
A person who damages a fish facility commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
25 Regulations 48 and 50 amended
In regulations 48 and 50, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
26 Regulation 57A replaced (Fishing competitions require approval of Fish and Game Council)
Replace regulation 57A with:
57A Fishing competitions require approval of Fish and Game Council
(1)
A person must not hold a fishing competition in respect of sports fish unless the person has the written approval of the Fish and Game Council that has jurisdiction over the waters concerned.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
27 Regulation 57E amended (Holders to comply with provisions of approval)
After regulation 57E(2), insert:
(3)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
28 Regulation 57F amended (Rental)
(1)
In regulation 57F, replace “shall be liable to”
with “must”
.
(2)
In regulation 57F, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
29 Regulation 62 amended (Transfer of sports fish)
After regulation 62(1), insert:
(1A)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
30 Regulation 64 amended (No unauthorised catching or keeping of certain fish)
In regulation 64, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
31 Regulation 65 amended (Control of noxious fish)
After regulation 65(1), insert:
(1A)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(1B)
Subclause (1A) does not prevent the prosecution of, and conviction for, a contravention of subclause (1).
32 Regulation 66 amended (No fish refuse on banks)
In regulation 66, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
33 Regulation 67A amended (Licences to harvest fish)
After regulation 67A(3), insert:
(3A)
A person who contravenes any conditions imposed under subclause (3) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(3B)
Subclause (3A) does not prevent the prosecution of, and conviction for, a contravention of any conditions imposed under subclause (3).
34 Regulation 67B amended (Recreational fishing)
After regulation 67B(2), insert:
(3)
A person who contravenes subclause (1) or (2) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(4)
Subclause (3) does not prevent the prosecution of, and conviction for, a contravention of subclause (2).
35 Regulation 67C amended (Containment areas to be established)
In regulation 67C, insert as subclauses (2) and (3):
(2)
A person who takes fish in contravention of a notice made under subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(3)
Subclause (2) does not prevent the prosecution of, and conviction for, the taking of fish in contravention of a notice made under subclause (1).
36 Regulation 68 replaced (Faunistic reserves)
Replace regulation 68 with:
68 Faunistic reserves
(1)
The Minister may, by notice in the Gazette, declare any water or waters to be a faunistic reserve.
(2)
In respect of any water or waters declared to be a faunistic reserve, in addition to restrictions on the transfer to and release into waters of fish and other forms of aquatic life imposed by these regulations, a person must not—
(a)
take, injure, or kill any fish or any form of live aquatic mollusca, crustacea, protozoa, insecta, or worms; or
(b)
be in possession of any fish or any form of aquatic mollusca, crustacea, protozoa, insecta, or worms taken from that water; or
(c)
introduce or plant any form of aquatic plant.
(3)
However, a person may do any of the things specified in subclause (2)(a) to (c) with the consent in writing of the Director-General given solely for the purpose of scientific investigation.
(4)
A person who contravenes subclause (2) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
37 Regulation 69 replaced (No taking of grayling)
Replace regulation 69 with:
69 No taking of grayling
(1)
A person must not intentionally fish for, take, or kill grayling or fish of the genus Prototroctes.
(2)
A person who unintentionally kills a grayling or a fish of the genus Prototroctes must, as soon as practicable,—
(a)
give the fish to an officer of the Fish and Game Council for the district within which the fish was killed; and
(b)
provide the officer with details of when and where the grayling was killed.
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
(4)
In this regulation, Fish and Game Council has the meaning given in section 2(1) of the Conservation Act 1987.
38 Regulation 72 replaced (Offences and penalties)
Replace regulation 72 with:
72 Offences and penalties
(1)
A person commits an offence and is liable on conviction to a fine not exceeding $5,000 if the person—
(a)
contravenes a requirement of the Director-General made under either of regulations 43(1) and 44(1); or
(b)
contravenes conditions imposed by the Director-General under regulation 67A(3); or
(c)
takes fish in contravention of a Gazette notice made under regulation 67C(1); or
(d)
contravenes any of regulations 44(5), 65(1), and 67B(2).
(2)
A person who commits an offence, other than an infringement offence, for which no penalty is provided elsewhere than in this regulation, is liable on conviction to a fine not exceeding $5,000.
Part 3 Amendments to Taupo Fishery Regulations 2004
39 Amendments to Taupo Fishery Regulations 2004
This Part amends the Taupo Fishery Regulations 2004.
40 Regulation 6 amended (Restriction on taking fish from or near control apparatus)
In regulation 6, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
41 Regulation 10 amended (Licence fees)
(1)
In regulation 10(3), replace “Every person commits an offence against these regulations who”
with “A person commits an infringement offence if the person”
.
(2)
After regulation 10(4), insert:
(5)
A person who commits the infringement offence referred to in subclause (3) is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
42 Regulation 13 amended (Unauthorised amendment of licences prohibited)
After regulation 13(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
43 Regulation 17 amended (Operator not to permit unlicensed persons to fish for trout from commercial vessel)
After regulation 17(2), insert:
(3)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
44 Regulation 19 amended (Anglers to give name and address, and produce licence)
In regulation 19, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
45 Regulation 23 amended (Tagged trout)
In regulation 23, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
46 Regulation 25 replaced (Register for trout)
Replace regulation 25 with:
25 Register for trout
(1)
A manager or person in charge of any commercial freezing chamber or commercial smokehouse must not receive any trout or have any trout on the premises, unless the following details are kept in a record on the premises as a register for trout under this regulation:
(a)
the date and time of deposit of the fish on the premises:
(b)
the number and species of fish:
(c)
the total weight of fish:
(d)
the name and address of the owner of the fish:
(e)
the number and the district of issue of the licence (if any) of the owner of the fish:
(f)
the address (if any) to which the fish are to be forwarded.
(2)
A manager or person in charge of any commercial freezing chamber or commercial smokehouse must retain registers compiled under subclause (1) for at least 6 months after the date of the last entry.
(3)
An officer may enter, at all reasonable times, any such premises in order to inspect any fish on the premises and to inspect and copy any entries from the register.
(4)
A person who contravenes subclause (1) or (2) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
47 Regulation 26 amended (Details to be attached to trout)
In regulation 26, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
48 Regulation 27 amended (No gifts of trout)
In regulation 27, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
49 Regulation 28 amended (Maximum number of trout)
In regulation 28, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
50 Regulation 29 replaced (Offences and penalties)
Replace regulation 29 with:
29 Offences and penalties
(1)
A person who contravenes regulation 40 commits an offence and is liable on conviction to a fine not exceeding $5,000.
(2)
A person who commits an offence against regulation 6, 23, 25, 26, or 39 is liable on conviction to a further fine not exceeding $10 for each fish in respect of which the offence was committed.
(3)
A person who commits an offence, other than an infringement offence, for which no penalty is provided elsewhere than in this regulation is liable on conviction to a fine not exceeding $5,000.
51 Regulation 39 amended (Keeping live trout in captivity)
In regulation 39, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
52 Regulation 40 amended (Taking, possession, or sale of indigenous fish and smelt)
After regulation 40(1), insert:
(1A)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(1B)
Subclause (1A) does not prevent the prosecution of, and conviction for, a contravention of subclause (1).
53 Regulation 41 amended (Control of noxious fish)
After regulation 41(1), insert:
(1A)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
54 Regulation 42 amended (Fishing competitions)
After regulation 42(2), insert:
(3)
A person who contravenes subclause (1), or any conditions imposed by the Director-General under subclause (2), commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
Part 4 Amendments to Whitebait Fishing Regulations 1994
55 Amendments to Whitebait Fishing Regulations 1994
This Part amends the Whitebait Fishing Regulations 1994.
56 Regulation 4 amended (Closed season)
After regulation 4(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(4)
Subclause (3) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
57 Regulation 5 amended (Hours of fishing)
In regulation 5, insert as subclauses (2) and (3):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(3)
Subclause (2) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
58 Regulation 6 amended (Whitebait nets and fishing gear)
After regulation 6(4), insert:
(5)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(6)
Subclause (5) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
59 Regulation 7 amended (Drag nets)
After regulation 7(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(4)
Subclause (3) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
60 Regulations 8 and 10 to 14 amended
In regulations 8 and 10 to 14, insert as subclauses (2) and (3):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(3)
Subclause (2) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
61 Regulation 17 amended (Exemptions)
After regulation 17(3), insert:
(3A)
A person who takes whitebait in contravention of any conditions imposed under subclause (3) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(3B)
Subclause (3A) does not prevent the prosecution of, and conviction for, a contravention of any conditions imposed under subclause (3).
62 Regulation 18 amended (Whitebait taken for hui or tangi)
In regulation 18, insert as subclauses (2) and (3):
(2)
A person who takes whitebait for a hui or tangi without giving notification as required by subclause (1)(b), or in contravention of any conditions imposed by the Director-General under subclause (1)(c), commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(3)
Subclause (2) does not prevent the prosecution of, and conviction for, a failure to give notification as required by subclause (1)(b), or a contravention of any conditions imposed by the Director-General under subclause (1)(c).
Part 5 Amendments to Whitebait Fishing (West Coast) Regulations 1994
63 Amendments to Whitebait Fishing (West Coast) Regulations 1994
This Part amends the Whitebait Fishing (West Coast) Regulations 1994.
64 Regulations 4 to 6 amended
In regulations 4 to 6, insert as subclauses (2) and (3):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(3)
Subclause (2) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
65 Regulation 7 amended (Whitebait nets)
After regulation 7(3), insert:
(4)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(5)
Subclause (4) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
66 Regulation 8 amended (Use of screens and diversions)
After regulation 8(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(4)
Subclause (3) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
67 Regulation 9 amended (Fishing gear)
After regulation 9(4), insert:
(5)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(6)
Subclause (5) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
68 Regulation 10 replaced (Fishing from bridge prohibited)
Replace regulation 10 with:
10 Fishing from bridge prohibited
(1)
A person who fishes for whitebait from a bridge commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(2)
Subclause (1) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
69 Regulation 11 amended (Persons to remain in vicinity of net or structure)
After regulation 11(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(4)
Subclause (3) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
70 Regulation 12 amended (Fishing for whitebait from or near structures)
After regulation 12(3), insert:
(4)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(5)
Subclause (4) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
71 Regulation 13 amended (Fishing up stream from back-pegs or in non-tidal waters prohibited)
After regulation 13(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(4)
Subclause (3) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
72 Regulations 14 to 17 amended
In regulations 14 to 17, insert as subclauses (2) and (3):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(3)
Subclause (2) does not prevent the prosecution of, and conviction for, a contravention of this regulation.
73 Regulation 20 amended (Exemptions)
After regulation 20(3), insert:
(3A)
A person who takes whitebait in contravention of any conditions imposed by the Director-General under subclause (3) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
(3B)
Subclause (3A) does not prevent the prosecution of, and conviction for, a contravention of any conditions imposed by the Director-General under subclause (3).
Part 6 Amendments to Marine Mammals Protection Regulations 1992
74 Amendments to Marine Mammals Protection Regulations 1992
This Part amends the Marine Mammals Protection Regulations 1992.
75 Regulation 2 amended (Interpretation)
In regulation 2, insert as subclause (2):
(2)
The descriptions in the second column of Schedule 1 are an indication of the content of the provisions they describe and are not intended to be used in the interpretation of those provisions.
76 Regulation 14 amended (Transfer of permits)
Replace regulation 14(1) with:
(1)
A commercial operation permit holder who transfers the permit to another person without first obtaining the written consent of the Director-General commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
77 New regulations 20A and 20B inserted
After the Part 4 heading, insert:
20A Penalties for infringement offences in Act
The penalties for an infringement offence in the Act are the penalties specified for that infringement offence in the third and fourth columns of Schedule 1.
20B Infringement notice and reminder notice
(1)
An infringement notice issued under section 27E of the Act must be in form 1 set out in Schedule 2.
(2)
A reminder notice issued under section 27F of the Act must be in form 2 set out in Schedule 2.
78 New Schedules 1 and 2 inserted
After regulation 22, insert the Schedules 1 and 2 set out in Schedule 1 of these regulations.
Part 7 Amendments to Marine Reserves Regulations 1993
79 Amendments to Marine Reserves Regulations 1993
This Part amends the Marine Reserves Regulations 1993.
80 Regulation 4 amended (Diving)
After regulation 4(2), insert:
(3)
A person who contravenes subclause (2) commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
81 Regulation 5 amended (Anchoring)
After regulation 5(2), insert:
(3)
A person who contravenes subclause (2) commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
82 Regulation 6 replaced (Use of vessels within marine reserve)
Replace regulation 6 with:
6 Use of vessels within marine reserve
(1)
A person must not operate a vessel in a reserve at a speed in excess of 5 knots if the vessel is within—
(a)
30 metres of another vessel or a person in the water; or
(b)
200 metres of the shore; or
(c)
200 metres of any vessel that is flying flag “A” of the international code of signals (being the flag to indicate that a diver is below).
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
83 Regulation 7 amended (Exclusion of public from areas closed for scientific study)
In regulation 7, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
84 Regulation 8 amended (Certain scientific study prohibited without approval of Director-General)
In regulation 8, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
85 Regulation 17 revoked (Offences)
Revoke regulation 17.
86 New regulations 19 and 20 inserted
After regulation 18, insert:
19 Penalties for infringement offences in Act
The penalties for an infringement offence in section 21(1) of the Act are—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
20 Infringement notice and reminder notice
(1)
An infringement notice issued under section 21D of the Act must be in form 1 set out in the Schedule.
(2)
A reminder notice issued under section 21E of the Act must be in form 2 set out in the Schedule.
87 New Schedule inserted
After regulation 20 (as inserted by regulation 86 of these regulations), insert the Schedule set out in Schedule 2 of these regulations.
Part 8 Amendments to Trade in Endangered Species Regulations 1991
88 Amendments to Trade in Endangered Species Regulations 1991
This Part amends the Trade in Endangered Species Regulations 1991.
89 Regulation 2 amended (Interpretation)
In regulation 2, insert as subclause (2):
(2)
The descriptions in the second column of Schedule 1 are an indication of the content of the provisions they describe and are not intended to be used in the interpretation of those provisions.
90 Regulation 7 replaced (Offences)
Replace regulation 7 with:
7 Offences
A person commits an offence and is liable on conviction to a fine not exceeding $2,000 if the person, after being required under regulation 4 to furnish particulars to an Endangered Species Officer,—
(a)
knowingly furnishes false particulars to the officer; or
(b)
recklessly furnishes particulars to the officer that are false in a material respect.
91 New regulations 8 to 11 inserted
After regulation 7, insert:
8 Infringement offences
A person commits an infringement offence and is liable to an infringement fee of $800, or a fine imposed by a court not exceeding $1,600, if the person,—
(a)
without reasonable excuse, fails to furnish to an Endangered Species Officer the particulars of parrots held in captivity, after being required to do so under regulation 4; or
(b)
fails to furnish departure details to the Director-General in accordance with regulation 5.
9 Border infringement offences
An infringement offence prescribed under the Act or these regulations is a border infringement offence if it is committed by a person who is physically present—
(a)
at a Customs place designated under section 55 of the Customs and Excise Act 2018; or
(b)
in a Customs-controlled area licensed under section 56 of the Customs and Excise Act 2018; or
(c)
in a biosecurity control area at a port approved as a place of first arrival under section 37 of the Biosecurity Act 1993; or
(d)
at a port approved for the arrival of craft under section 37A of the Biosecurity Act 1993.
10 Penalties for infringement offences in Act
The penalties for an infringement offence in section 50A of the Act are the penalties specified for that infringement offence in the third and fourth columns of Schedule 1.
11 Infringement notice and reminder notice
(1)
An infringement notice issued under section 50E of the Act for an infringement offence (other than a border infringement offence) must be in form 1 set out in Schedule 2.
(2)
A reminder notice issued under section 50F of the Act must be in form 2 set out in Schedule 2.
(3)
An infringement notice issued under section 50E of the Act for a border infringement offence must be in form 3 set out in Schedule 2.
92 New Schedules 1 and 2 inserted
After regulation 11 (as inserted by regulation 91 of these regulations), insert the Schedules 1 and 2 set out in Schedule 3 of these regulations.
Part 9 Amendments to Titi (Muttonbird) Islands Regulations 1978
93 Amendments to Titi (Muttonbird) Islands Regulations 1978
This Part amends the Titi (Muttonbird) Islands Regulations 1978.
94 Regulation 3 amended (Persons who may enter islands and conditions of entry)
After regulation 3(4), insert:
(5)
A person who contravenes subclause (1), (2), or (3) commits an infringement offence and is liable to—
(a)
an infringement fee of $200; or
(b)
a fine imposed by a court not exceeding $400.
95 Regulation 4 amended (Provisions relating to birding and use of islands)
After regulation 4(10), insert:
(11)
A person who contravenes any of subclauses (1) to (8) or (10) commits an infringement offence and is liable to—
(a)
an infringement fee of $200; or
(b)
a fine imposed by a court not exceeding $400.
96 Regulation 5 amended (Buildings on islands)
After regulation 5(6), insert:
(7)
A person who contravenes subclause (1) or (5) commits an infringement offence and is liable to—
(a)
an infringement fee of $200; or
(b)
a fine imposed by a court not exceeding $400.
97 Regulation 11 replaced (Breach of regulations)
Replace regulation 11 with:
11 Contravention of regulations
(1)
The Director-General, a person appointed in writing by the Director-General, a person authorised in writing by the Committee, a Supervisor, or a Police constable may—
(a)
enter any part of the said land at any time to ensure that these regulations are being complied with; and
(b)
file a charging document against a person who contravenes these regulations; and
(c)
seize all muttonbirds that are reasonably believed to have been taken illegally or had in a person’s possession without lawful excuse.
(2)
All muttonbirds found in possession of a person on, or in the vicinity of, the said land are presumed to have been taken in contravention of these regulations until proof to the contrary is given.
(3)
A person who hinders or obstructs a person acting under subclause (1)(a) commits an offence and is liable on conviction to a fine not exceeding $200.
Part 10 Amendments to Wildlife Regulations 1955
98 Amendments to Wildlife Regulations 1955
This Part amends the Wildlife Regulations 1955.
99 Regulation 2 amended (Interpretation)
In regulation 2, insert as subclause (2):
(2)
The descriptions in the second column of Schedule 5 are an indication of the content of the provisions they describe and are not intended to be used in the interpretation of those provisions.
100 Regulation 18 amended (Artificial decoys)
After regulation 18(3), insert:
(4)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
101 Regulation 18A amended
(1)
Insert as the heading to regulation 18A “Shot size”
.
(2)
In regulation 18A, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
102 Regulation 19 replaced
Replace regulation 19 with:
19 Claiming of stands
(1)
A licence holder may claim a stand by planting on it a stake with a board or label attached that identifies—
(a)
the name of the claimant; and
(b)
the number of their licence; and
(c)
any other tags or markers containing other particulars as required by a notice issued by the Minister under sections 15 to 17 of the Act.
(2)
A licence holder must not claim a stand within 90 metres of a stand that has already been claimed without the consent of the person who claimed it.
(3)
A licence holder must not claim more than 1 stand.
(4)
A licence holder must not hunt or kill game while occupying a stand that has been claimed by another licence holder, unless that stand is not occupied by the person who claimed it within 1 hour after the opening hour of shooting in the district.
(5)
A person who contravenes any of subclauses (2) to (4) commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
(6)
In this regulation, stand includes any hide, shelter, maimai, mudhole, loo, louvre, or position.
(7)
This regulation does not affect the rights of the occupier of the land as defined in section 19(4) of the Act.
103 Regulation 19A revoked (Power of societies to grant prior rights to stands)
Revoke regulation 19A.
104 Regulation 20 amended
(1)
Insert as the heading to regulation 20 “Shooting within 90 metres of stand”
.
(2)
In regulation 20, insert as subclause (2):
(2)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
105 Regulation 28 replaced
Replace regulation 28 with:
28 Mounting, preserving, or curing absolutely protected wildlife
(1)
A person must not—
(a)
mount, preserve, or cure any absolutely protected wildlife; or
(b)
have absolutely protected wildlife in their possession for that purpose.
(2)
However, a taxidermist may mount, preserve, or cure any absolutely protected wildlife (or have absolutely protected wildlife in their possession for that purpose) if—
(a)
the taxidermist has a permit signed by the Director-General authorising the taxidermist to have and retain the wildlife in their possession; or
(b)
the wildlife is delivered to the taxidermist by a person who, at the time of delivery, produces a permit signed by the Director-General authorising the person to have and retain the wildlife in their possession.
(3)
If absolutely protected wildlife is delivered to a taxidermist by a person who does not produce, at the time of delivery, a permit signed by the Director-General authorising the person to have and retain the wildlife in their possession, the taxidermist must—
(a)
place the wildlife in a freezing chamber; and
(b)
advise the Director-General; and
(c)
comply with any instructions of the Director-General as to its disposal.
(4)
The Director-General may reimburse a taxidermist for any expense incurred under subclause (3).
(5)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
106 Regulation 29 amended
(1)
Insert as the heading to regulation 29 “Possession of game or other wildlife for mounting, preserving, or curing”
.
(2)
In regulation 29, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
107 Regulation 30 revoked
Revoke regulation 30.
108 Regulation 31 replaced
Replace regulation 31 with:
31 Other requirements relating to taxidermists
(1)
A taxidermist must keep a register in respect of all wildlife (or parts of wildlife) in the taxidermist’s possession.
(2)
The register must be in the form set out in Schedule 1.
(3)
A taxidermist who has in their possession, at any time, absolutely protected wildlife or wildlife included in Schedule 1 or 3 of the Act must, if required by a ranger or an authorised officer of the Department or any Fish and Game Council,—
(a)
provide the ranger or authorised officer with a copy of the register; and
(b)
allow the ranger or authorised officer to examine any wildlife of that description in the taxidermist’s possession.
(4)
A taxidermist who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $600; or
(b)
a fine imposed by a court not exceeding $1,200.
109 Regulation 32 revoked
Revoke regulation 32.
110 Regulation 33 amended
(1)
Insert as the heading to regulation 33 “Export applications”
.
(2)
In regulation 33, insert as subclause (2):
(2)
A person who exports any animal or bird or part thereof without authority granted by the Director-General under section 56 of the Act commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
111 Regulation 34 revoked
Revoke regulation 34.
112 Regulation 35 replaced
Replace regulation 35 with:
35 Use and possession of birdlime
(1)
A person must not—
(a)
use birdlime to hunt, kill, or catch alive any wildlife; or
(b)
be in possession of any birdlime; or
(c)
sell any birdlime.
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $300; or
(b)
a fine imposed by a court not exceeding $600.
(3)
In this regulation, birdlime includes all substances of a similar nature to birdlime, and also includes the substance commonly known as green birdlime.
113 Regulation 36 revoked
Revoke regulation 36.
114 Regulation 38 replaced
Replace regulation 38 with:
38 Marking wildlife
(1)
A person, a Fish and Game Council, or an organisation must not mark any wildlife, other than unprotected wildlife (being wildlife specified in Schedule 5 of the Act), except with the prior written authority of the Director-General.
(2)
If the Director-General grants authority to a Fish and Game Council or an organisation, that authority may be delegated to an officer, a member, or an employee of the Council or organisation, or to a game licence holder.
(3)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
115 Regulation 39 amended
(1)
Insert as the heading to regulation 39 “Liberating game birds”
.
(2)
In regulation 39, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
116 Regulation 39A amended
(1)
Insert as the heading to regulation 39A “Bounties, reward, and other consideration for return of marks”
.
(2)
In regulation 39A, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
117 Regulation 43A amended (Pollution of waters)
(1)
In regulation 43A(1), delete “or in a position where it is likely to fall or descend or be washed or percolate into any waters,”
.
(2)
Replace regulation 43A(3) with:
(3)
A person who contravenes subclause (1) commits an infringement offence and is liable to—
(a)
an infringement fee of $400; or
(b)
a fine imposed by a court not exceeding $800.
118 Regulation 44 revoked
Revoke regulation 44.
119 New regulations 47 and 48 inserted
After regulation 46, insert:
47 Penalties for infringement offences in Act
The penalties for an infringement offence in the Act are the penalties specified for that infringement offence in the third and fourth columns of Schedule 5.
48 Infringement notice and reminder notice
(1)
An infringement notice issued under section 70W of the Act must be in form 1 set out in Schedule 6.
(2)
A reminder notice issued under section 70X of the Act must be in form 2 set out in Schedule 6.
120 New Schedules 5 and 6 inserted
After Schedule 4, insert the Schedules 5 and 6 set out in Schedule 4 of these regulations.
Part 11 Amendments to Wildlife (Farming of Unprotected Wildlife) Regulations 1985
121 Amendments to Wildlife (Farming of Unprotected Wildlife) Regulations 1985
This Part amends the Wildlife (Farming of Unprotected Wildlife) Regulations 1985.
122 Regulation 3 amended (Areas where keeping in captivity of unprotected wildlife prohibited)
In regulation 3, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
123 Regulation 7 amended (Condition of licence)
After regulation 7(2), insert:
(3)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
124 Regulation 12 amended (Authority to capture and convey unprotected wildlife)
In regulation 12, insert as subclause (2):
(2)
A person who contravenes this regulation commits an infringement offence and is liable to—
(a)
an infringement fee of $800; or
(b)
a fine imposed by a court not exceeding $1,600.
Schedule 1 New Schedules 1 and 2 inserted into Marine Mammals Protection Regulations 1992
Schedule 1 Penalties for infringement offences under Marine Mammals Protection Act 1978
r 20A
| Section | Description of offence | Infringement fee ($) | Maximum fine ($) | |||
|---|---|---|---|---|---|---|
| 27A(1)(a) | Taking, possessing, exporting, importing, having on board any vessel, vehicle, aircraft, or hovercraft, or having control of any marine mammal | 400 | 800 | |||
| 27A(1)(b) | Failing to give Director-General information that person is required to give | 400 | 800 | |||
| 27A(1)(c) | Placing or leaving any structure or trap or chemical or other substance in any place where marine mammal is or is likely to be | 800 | 1,600 | |||
| 27A(1)(d) | Using any vehicle, vessel, aircraft, or hovercraft to herd or harass any marine mammal | 800 | 1,600 | |||
| 27A(1)(e) | Contravening any notice, direction, restriction, requirement, or condition given, made, or imposed | 600 | 800 |
Schedule 2 Infringement notice and reminder notice
r 20B
Form 1 Infringement notice
Infringement notice No:
Date of notice:
Enforcement authority
This infringement notice is issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Service details
This infringement notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee is payable within 28 days after [date infringement notice served].
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
This notice sets out an alleged infringement offence.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, a reminder notice in respect of the alleged offence is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice or within any further time that [name of enforcement authority] allows, you will be served with a reminder notice (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Please note that in some circumstances, if you do not receive a reminder notice, you may still become liable to pay a fine and court costs.
11
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice,—
(a)
[name of enforcement authority] may, unless it decides to take no further action to require payment for the alleged offence, provide particulars of the reminder notice for filing in the District Court; and
(b)
if so, you will become liable to pay court costs as well as a fine.
12
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
13
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the infringement notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
14
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Form 2 Reminder notice
Reminder notice No:
Date of notice:
This notice is to remind you that you have been issued with an infringement notice. The details of the infringement notice are as follows.
Enforcement authority
The infringement notice was issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Amount of infringement fee remaining unpaid:
Service details
(To be provided for filing in court)
The infringement notice was served by [method of service] at [full address of service] on [date].
This reminder notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee was payable to [name of enforcement authority] within 28 days after [date infringement notice served]. The infringement fee has not been paid.
The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice.
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
You have not paid the infringement fee described in this notice, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
11
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
12
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the reminder notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
13
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Schedule 2 New Schedule inserted into Marine Reserves Regulations 1993
Schedule Infringement notice and reminder notice
r 20
Form 1 Infringement notice
Infringement notice No:
Date of notice:
Enforcement authority
This infringement notice is issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Service details
This infringement notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee is payable within 28 days after [date infringement notice served].
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
This notice sets out an alleged infringement offence.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, a reminder notice in respect of the alleged offence is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice or within any further time that [name of enforcement authority] allows, you will be served with a reminder notice (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Please note that in some circumstances, if you do not receive a reminder notice, you may still become liable to pay a fine and court costs.
11
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice,—
(a)
[name of enforcement authority] may, unless it decides to take no further action to require payment for the alleged offence, provide particulars of the reminder notice for filing in the District Court; and
(b)
if so, you will become liable to pay court costs as well as a fine.
12
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
13
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the infringement notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
14
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Form 2 Reminder notice
Reminder notice No:
Date of notice:
This notice is to remind you that you have been issued with an infringement notice. The details of the infringement notice are as follows.
Enforcement authority
The infringement notice was issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Amount of infringement fee remaining unpaid:
Service details
(To be provided for filing in court)
The infringement notice was served by [method of service] at [full address of service] on [date].
This reminder notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee was payable to [name of enforcement authority] within 28 days after [date infringement notice served]. The infringement fee has not been paid.
The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice.
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
You have not paid the infringement fee described in this notice, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
11
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
12
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the reminder notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
13
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Schedule 3 New Schedules 1 and 2 inserted into Trade in Endangered Species Regulations 1991
Schedule 1 Penalties for infringement offences under Trade in Endangered Species Act 1989
r 10
| Section | Description of offence | Infringement fee ($) | Maximum fine ($) | |||
|---|---|---|---|---|---|---|
| 50A(1)(a) | Trading in any specimen of endangered species without permit | 800 | 1,600 | |||
| 50A(1)(b) | Trading in any specimen of threatened species without permit | 600 | 1,200 | |||
| 50A(1)(c) | Trading in any specimen of exploited species without permit | 400 | 800 | |||
| 50A(1)(d) | Possessing or controlling any specimen of endangered, threatened, or exploited species that has been imported or introduced unlawfully | 400 | 800 | |||
| 50A(1)(e) | Failing to comply with conditions in any permit or certificate granted under Act | 400 | 800 |
Schedule 2 Infringement notice, reminder notice, and infringement notice for border infringement offence
r 11
Form 1 Infringement notice
Infringement notice No:
Date of notice:
Enforcement authority
This infringement notice is issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Service details
This infringement notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee is payable within 28 days after [date infringement notice served].
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
This notice sets out an alleged infringement offence.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, a reminder notice in respect of the alleged offence is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice or within any further time that [name of enforcement authority] allows, you will be served with a reminder notice (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Please note that in some circumstances, if you do not receive a reminder notice, you may still become liable to pay a fine and court costs.
11
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice,—
(a)
[name of enforcement authority] may, unless it decides to take no further action to require payment for the alleged offence, provide particulars of the reminder notice for filing in the District Court; and
(b)
if so, you will become liable to pay court costs as well as a fine.
12
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
13
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the infringement notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
14
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Form 2 Reminder notice
Reminder notice No:
Date of notice:
This notice is to remind you that you have been issued with an infringement notice. The details of the infringement notice are as follows.
Enforcement authority
The infringement notice was issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Amount of infringement fee remaining unpaid:
Service details
(To be provided for filing in court)
The infringement notice was served by [method of service] at [full address of service] on [date].
This reminder notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee was payable to [name of enforcement authority] within 28 days after [date infringement notice served]. The infringement fee has not been paid.
The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice.
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
You have not paid the infringement fee described in this notice, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
11
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
12
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the reminder notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
13
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Form 3 Infringement notice for border infringement offence
Infringement notice No:
Date of notice:
Enforcement authority
This infringement notice is issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Passport number:
*†Country of issue of passport:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Service details
This infringement notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee is payable within 14 days after [date infringement notice served].
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
You may choose to immediately pay the infringement fee by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
This notice sets out an alleged infringement offence.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 14 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
Defence
3
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 14 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
4
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
5
To take an action listed in paragraph 4, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 14 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
6
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
7
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
8
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
9
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 14 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
10
The fine will be equal to the amount of the infringement fee.
Correspondence
11
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the infringement notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
12
Further details of your rights and obligations are set out in section 50G of the Trade in Endangered Species Act 1989 and section 21 of the Summary Proceedings Act 1957.
Schedule 4 New Schedules 5 and 6 inserted into Wildlife Regulations 1955
Schedule 5 Penalties for infringement offences under Wildlife Act 1953
r 47
| Section | Description of offence | Infringement fee ($) | Maximum fine ($) | |||
|---|---|---|---|---|---|---|
| 70B(2) | Hunting during close season | 600 | 1,200 | |||
| 70C(5) | Hunting without licence during open season | 400 | 800 | |||
| 70D(2) | Contravening terms of open season notification | 400 | 800 | |||
| 70E(3) | Hunting wildlife in contravention of conditions prescribed by Minister | 400 | 800 | |||
| 70F(3) | Failing to produce licence on demand | 200 | 400 | |||
| 70G(2) | Hunting or killing any absolutely protected wildlife | 800 | 1,600 | |||
| 70G(2) | Hunting or killing any partially protected wildlife | 600 | 1,200 | |||
| 70G(2) | Hunting or killing any game | 400 | 800 | |||
| 70G(2) | Buying, disposing of, or possessing any absolutely protected wildlife | 600 | 1,200 | |||
| 70G(2) | Buying, disposing of, or possessing any partially protected wildlife | 400 | 800 | |||
| 70G(2) | Buying, disposing of, or possessing any game | 400 | 800 | |||
| 70G(2) | Buying, disposing of, or possessing any skin, feathers, or other portion, or any egg, of any absolutely protected wildlife | 600 | 1,200 | |||
| 70G(2) | Buying, disposing of, or possessing any skin, feathers, or other portion, or any egg, of any partially protected wildlife | 400 | 800 | |||
| 70G(2) | Buying, disposing of, or possessing any skin, feathers, or other portion, or any egg, of any game | 400 | 800 | |||
| 70G(2) | Robbing, disturbing, destroying, or possessing the nest of any absolutely protected wildlife | 800 | 1,600 | |||
| 70G(2) | Robbing, disturbing, destroying, or possessing the nest of any partially protected wildlife | 600 | 1,200 | |||
| 70G(2) | Robbing, disturbing, destroying, or possessing the nest of any game | 400 | 800 | |||
| 70H(3) | Taking game in contravention of Act or notification | 400 | 800 | |||
| 70I(3) | Failing to comply with condition of authority to take or kill wildlife | 400 | 800 | |||
| 70J(2) | Liberating wildlife or exporting animals or animal products | 800 | 1,600 | |||
| 70K(3) | Transporting wildlife without proper information or container | 200 | 400 | |||
| 70L(3) | Farming or breeding certain unprotected animals | 800 | 1,600 | |||
| 70M(2) | Failing to report accidental or incidental death or injury | 600 | 1,200 | |||
| 70N(2) | Interfering with items on land under section 59 | 600 | 1,200 | |||
| 70O(2) | Littering | 300 | 600 | |||
| 70P(2) | Acting without required licence, permit, etc | 600 | 1,200 | |||
| 70Q(2) | Contravening instruments made under Act | 400 | 800 | |||
| 70R(3) | Failing to comply with section 70R(1) (which relates to prohibited conduct in wildlife refuge) | 600 | 1,200 | |||
| 70S(5) | Failing to comply with section 70S(1) to (4) (which relates to prohibited conduct in relation to waterfowl) | 400 | 800 | |||
| 70T(3) | Failing to comply with section 70T(1) and (2) (which relates to prohibited conduct in relation to homing pigeons) | 200 | 400 |
Schedule 6 Infringement notice and reminder notice
r 48
Form 1 Infringement notice
Infringement notice No:
Date of notice:
Enforcement authority
This infringement notice is issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Service details
This infringement notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee is payable within 28 days after [date infringement notice served].
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
This notice sets out an alleged infringement offence.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, a reminder notice in respect of the alleged offence is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice or within any further time that [name of enforcement authority] allows, you will be served with a reminder notice (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Please note that in some circumstances, if you do not receive a reminder notice, you may still become liable to pay a fine and court costs.
11
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice,—
(a)
[name of enforcement authority] may, unless it decides to take no further action to require payment for the alleged offence, provide particulars of the reminder notice for filing in the District Court; and
(b)
if so, you will become liable to pay court costs as well as a fine.
12
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
13
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the infringement notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
14
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Form 2 Reminder notice
Reminder notice No:
Date of notice:
This notice is to remind you that you have been issued with an infringement notice. The details of the infringement notice are as follows.
Enforcement authority
The infringement notice was issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
Full name:
Full address:
†Date of birth:
*†Gender:
*†Occupation:
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Date:
Time:
Place:
Nature of alleged infringement:
Infringement fee payable:
Amount of infringement fee remaining unpaid:
Service details
(To be provided for filing in court)
The infringement notice was served by [method of service] at [full address of service] on [date].
This reminder notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee was payable to [name of enforcement authority] within 28 days after [date infringement notice served]. The infringement fee has not been paid.
The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice.
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
You have not paid the infringement fee described in this notice, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below 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.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
11
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
12
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the reminder notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
13
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.
Michael Webster,
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 3 February 2020, amend the following regulations:
The amendments—
create infringement offences for contravention of those regulations. This will allow DOC rangers (and, in some cases, Fish and Game rangers) to issue infringement notices for those offences, rather than prosecute:
prescribe the forms to be used for infringement notices and reminder notices issued under the Marine Mammals Protection Act 1978, the Marine Reserves Act 1971, the Trade in Endangered Species Act 1989, and the Wildlife Act 1953:
prescribe penalties for infringement offences in the Marine Mammals Protection Act 1978, the Marine Reserves Act 1971, the Trade in Endangered Species Act 1989, and the Wildlife Act 1953.
Provisions addressing procedural matters related to infringement offences can be found in—
sections 51V to 51ZA of the Conservation Act 1987:
sections 27C to 27I of the Marine Mammals Protection Act 1978:
sections 21B to 21G of the Marine Reserves Act 1971:
sections 50C to 50I of the Trade in Endangered Species Act 1989:
sections 70U to 70Z of the Wildlife Act 1953:
section 21 of the Summary Proceedings Act 1957.
Regulatory impact assessment
The Department of Conservation produced a regulatory impact assessment in February 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact assessment can be found at—
Date of notification in Gazette: 19 December 2019.
These regulations are administered by the Department of Conservation.