Anaura Bay Recreation Reserve Bylaws 1999
Reprint
as at 17 December 1999
Anaura Bay Recreation Reserve Bylaws 1999
(SR 1999/424)
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These bylaws are administered by the Department of Conservation.
Pursuant to section 106(3) of the Reserves Act 1977, the Minister of Conservation makes the following bylaws.
Contents
Bylaws
1 Title and commencement
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(1) These bylaws may be cited as the Anaura Bay Recreation Reserve Bylaws 1999.
(2) These bylaws come into force on the 28th day after the date of their notification in the Gazette.
2 Interpretation
In these bylaws, unless the context otherwise requires,—
authorised person means a person authorised by a Commissioner
camping season means the period between the Saturday of Labour Weekend and Easter Monday
Commissioner means any of the officers designated by the Director-General of Conservation as a Commissioner for the East Coast/Hawke’s Bay Conservancy of the department
department means the Department of Conservation
ranger means a ranger within the meaning of the Reserves Act 1977
the reserve means the reserve described in the Schedule; and includes all other lands that may become part of the reserve under the Reserves Act 1977.
3 Reserve open to public
Except as provided in bylaw 14, the reserve is open to the public at all times, except for those areas for the time being closed to the public by the Commissioner in accordance with the provisions of the Reserves Act 1977.
4 Gates
A person must leave a gate in the same position that that person finds the gate in the reserve.
5 Misbehaviour
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(1) Within the reserve, a person must not—
(a) wilfully obstruct, disturb, or interfere with another person in the use or enjoyment of the reserve; or
(b) use foul, abusive, indecent, or obscene language, or be intoxicated, noisy, or riotous, or in any other way misbehave.
(2) If a person commits a breach of the provisions of subclause (1), that person commits a further breach if he or she does not leave the reserve when so requested by a ranger.
6 Dangerous weapons
A person must not carry or use a weapon or instrument of a dangerous character (including, but not limited to, a bow and arrow, catapult, or shanghai) within the reserve, unless that person has the prior written permission of a Commissioner.
7 Water
A person must not allow or cause wastage of water or allow a water tap to flow for a period longer than is reasonably required to obtain water for drinking or cooking or other lawful purposes within the reserve.
8 Fires
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(1) A person must not light a fire without the express permission of a Commissioner or a ranger, except in picnic fireplaces provided by a Commissioner.
(2) A person must not light a fire in any position likely to present a fire hazard.
(3) Once a fire is lit, the person lighting the fire must remain in attendance of the fire until it is completely extinguished or must arrange for another person to remain in attendance of the fire until it is completely extinguished.
(4) A match (lighted or not lighted), cigarette, or other lighted matter must not be dropped, thrown, or otherwise placed in any grass or other inflammable material.
(5) Nothing in this bylaw exempts a person from liability under any Act with respect to the lighting of fires in the reserve.
(6) Nothing in this bylaw exempts a person from—
(a) the requirement to obtain an authority or permit to light a fire in the open air within the reserve under sections 23 and 24 of the Forest and Rural Fires Act 1977; or
(b) any other requirement of that Act and any regulations made or fire control measures taken under the authority of that Act.
9 Litter
A person who camps on or uses the reserve must take his or her litter and rubbish from the reserve.
10 Dogs and cats
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(1) Except as provided in subclause (4), a person must not bring a dog or cat into the reserve, or allow a dog or cat in that person’s custody or charge or under that person’s control to be within the reserve.
(2) An authorised person may seize and detain a dog or cat found within the reserve.
(3) If a dog or cat is seized under subclause (2) and the owner of the dog or cat is not known to the authorised person or the owner cannot reasonably be ascertained,—
(a) in the case of a dog, the dog must be committed to the local pound or to the Society for the Prevention of Cruelty to Animals; or
(b) in the case of a cat, the cat must be committed to the Society for the Prevention of Cruelty to Animals.
(4) This clause does not apply in the case of a dog if the dog is on a leash or is otherwise properly secured to the satisfaction of a ranger.
11 Gathering of persons
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(1) A person must not attend or take part in an organised meeting, picnic, or gathering of persons for sport or games or any other purpose within the reserve unless a Commissioner has given permission in writing to the organiser of the meeting, picnic, or gathering.
(2) For the purposes of this bylaw, an organised meeting, picnic, or gathering is one attended by employees or members of a government department, trade union, club, company, firm, incorporated body, religious organisation, or other body of persons, or a group of several such organisations.
12 Notices
Unless permitted to do so by a Commissioner, a person must not—
(a) post a notice within the reserve or interfere with a notice lawfully erected in the reserve; or
(b) distribute notices within or at an entrance to the reserve.
13 Noise
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(1) A person must not use or play a musical instrument, a public address system, or any other type of amplified system in the reserve unless permitted to do so by a Commissioner, a ranger, or an authorised person.
(2) A person must not cause to be made any sound or noise that disturbs or annoys or is likely to disturb or annoy other occupiers or users of the reserve.
14 Camping
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(1) Except as provided in subclause (2), a person must not camp in the reserve.
(2) A person camping on the reserve must observe any direction—
(a) given to that person by a ranger or officer or employee of the department; or
(b) brought to that person’s attention by a notice issued by a ranger or officer or employee of the department.
(3) A person camping in the reserve must leave the area on which that person camped, clean and tidy.
15 Toilets
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(1) A person must not construct or use a pit toilet on the reserve.
(2) A person camping on the reserve must either have or have access to a chemical toilet at all times.
16 General
Nothing in these bylaws limits or prevents the taking of proceedings under any Act in respect of an offence committed within the reserve.
17 Penalty
Every person who commits a breach of these bylaws commits an offence and is liable to the penalty prescribed in section 104 of the Reserves Act 1977.
Schedule
Anaura Bay Recreation Reserve
All that land in the Gisborne Land District containing 1.7957 hectares, more or less, being Section 14, Block XVI, Tokomaru Survey District.
Dated at Wellington this 9th day of December 1999.
Nick Smith,
Minister of Conservation.
Date of notification in Gazette: 16 December 1999.
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
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This is a reprint of the Anaura Bay Recreation Reserve Bylaws 1999. The reprint incorporates all the amendments to the bylaws as at 17 December 1999, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
2 Status of reprints
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Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
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Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
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•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
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•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).