Kahurangi National Park Bylaws 2009

Kahurangi National Park Bylaws 2009 Pursuant to section 56 of the National Parks Act 1980, the Minister of Conservation makes the following bylaws. Contents 1 Title 2 Commencement 3 Interpretation 4 Meaning of formed road 5 Pollution 6 Litter 7 Fires 8 Camping 9 Huts 10 Groups of more than 10 people 11 Climbing 12 Hunting: Cobb Valley flats, Mount Arthur, and Tableland Area 13 Hunting: Heaphy Track, Wangapeka Track, and Tasman Wilderness Area 14 Hunting: spotlights 15 Powered watercraft 16 Vehicles: taking in and using 17 Vehicles: allowing to remain 18 Sporting events 19 Public address systems 20 Exceptions 21 Offences 22 Penalties 23 Other proceedings for offences Schedule 1 Campsites Schedule 2 Map of hunting closure areas Schedule 3 Hunting closure areas Bylaws 1 Title  These bylaws are the Kahurangi National Park Bylaws 2009. 2 Commencement  These bylaws come into force on the 28th day after the date of their notification in the Gazette. 3 Interpretation  In these bylaws, unless the context requires another meaning,— book means to reserve overnight accommodation using the department's national booking system camp includes to stay overnight in a vehicle or boat department means the Department of Conservation http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM38246#DLM38246 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679859#DLM1679859 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679859#DLM1679859 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679860#DLM1679860 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679860#DLM1679860 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679861#DLM1679861 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679861#DLM1679861 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679894#DLM1679894 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679894#DLM1679894 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679895#DLM1679895 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679895#DLM1679895 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679896#DLM1679896 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679896#DLM1679896 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679846#DLM1679846 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679846#DLM1679846 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679822#DLM1679822 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679822#DLM1679822 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679824#DLM1679824 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679824#DLM1679824 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679826#DLM1679826 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679826#DLM1679826 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679897#DLM1679897 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679897#DLM1679897 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679851#DLM1679851 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679851#DLM1679851 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679898#DLM1679898 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679898#DLM1679898 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679899#DLM1679899 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679899#DLM1679899 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680100#DLM1680100 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680100#DLM1680100 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679828#DLM1679828 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679828#DLM1679828 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679830#DLM1679830 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679830#DLM1679830 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679843#DLM1679843 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679843#DLM1679843 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679832#DLM1679832 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679832#DLM1679832 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680101#DLM1680101 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680101#DLM1680101 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680102#DLM1680102 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680102#DLM1680102 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680103#DLM1680103 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1680103#DLM1680103 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679808#DLM1679808 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679808#DLM1679808 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1428202#DLM1428202 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1428202#DLM1428202 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1428200#DLM1428200 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1428200#DLM1428200 Heaphy Track means the Heaphy Track as identified on the Kahurangi Parkmap hunt or kill has the meaning given to it by section 2(1) of the Wild Animal Control Act 1977 hut means a building that is— o (a) in the park; and o (b) owned by the Crown; and o (c) administered by the department; and o (d) available for public accommodation Kahurangi Parkmap means the map of the park held at the Nelson/Marlborough Conservancy office of the department in Nelson litter has the meaning given to it by section 2(1) of the Litter Act 1979 official notice means a notice that— o (a) contains information as to conduct in the park; and o (b) is publicly displayed; and o (c) is conspicuous park means the Kahurangi National Park powered watercraft means a craft that— o (a) is used on or in water; and o (b) is not powered solely by hand, solely by sail, or solely by a combination of hand and sail Tableland Track means the track from Flora Carpark to Balloon Hut as identified on the Kahurangi Parkmap Tasman Wilderness Area means the Tasman Wilderness Area as described in the notice of 20 June 1996 in the Gazette 1996, page 1641 vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998, and includes a contrivance that would be a vehicle within that definition if it still had its wheels, tracks, or revolving runners Wangapeka Track means the Wangapeka Track as identified on the Kahurangi Parkmap wild animal has the meaning given to it by section 2(1) of the Wild Animal Control Act 1977. 4 Meaning of formed road  (1) Formed road means a road formed and maintained by the department for the public to use their vehicles on in the park, and includes the road's bridges, culverts, and fords. (2) Formed road does not include a short walk, walking track, tramping track, or route, or its bridges, culverts, or fords, marked as a short walk, walking track, tramping track, or route on the Kahurangi Parkmap. (3) Formed road does not include a surface in the park that looks like a road but is marked as a short walk or a walking track on the Kahurangi Parkmap. (4) Formed road does not include an unformed legal road. 5 Pollution  A person must not wilfully or carelessly in the park— o (a) pollute the park's land or waters; or o (b) spill oil, petrol, or a similar substance; or o (c) cause oil, petrol, or a similar substance to be spilled. 6 Litter  (1) A person must not bury litter in the park. (2) A person must not leave litter in the park. (3) However, a person may leave litter in the park if the person leaves the litter in a bin that is in the park and is provided for the kind of litter that the person leaves in it. 7 Fires  (1) A person must not light a fire on, or within 200 m of, a formed road. (2) However, a person may light a fire on, or within 200 m of, a formed road if the person lights the fire in the park— http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM16628#DLM16628 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM33087#DLM33087 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM433619#DLM433619 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM16628#DLM16628 o (a) on a portable stove fuelled by gas, oil, vaporised petrol, or a similar substance; or o (b) in a fireplace that is permanent and is provided by the department for the public to light fires in; or o (c) at a campsite listed in Schedule 1; or o (d) at a campsite not listed in Schedule 1 but identified as a campsite on the Kahurangi Parkmap. (3) A person must not light a fire on, or within 50 m of, the Heaphy Track, Tableland Track, or Wangapeka Track. (4) However, a person may light a fire on, or within 50 m of, the Heaphy Track, Tableland Track, or Wangapeka Track if the person lights the fire in the park— o (a) on a portable stove fuelled by gas, oil, vaporised petrol, or a similar substance; or o (b) in a fireplace that is permanent and is provided by the department for the public to light fires in. (5) A person who lights a fire in the park at a place that is on, or within 200 m of, a formed road and on, or within 50 m of, the Heaphy Track, Tableland Track, or Wangapeka Track must light the fire— o (a) on a portable stove fuelled by gas, oil, vaporised petrol, or a similar substance; or o (b) in a fireplace that is permanent and is provided by the department for the public to light fires in. (6) A person whom this bylaw allows to light a fire in the park must also comply with— o (a) the requirement in the Forest and Rural Fires Act 1977 to obtain a permit under section 23 or 24, if the requirement is applicable; and o (b) fire control measures as defined in that Act; and o (c) any other applicable provision of that Act and its regulations. (7) A person whom this bylaw allows to light a fire in the park may drop or throw lighted matter on to combustible material in the park. No other person may do so. (8) A person who lights a fire in the park must keep the fire under continuous supervision until it is completely extinguished. (9) This bylaw does not allow a person to light, or try to light, a fire in the park if, in the circumstances, the fire is likely to be a hazard. 8 Camping  (1) A person must not camp within 200 m of a formed road. (2) A person must not camp within 500 m of the Heaphy Track. (3) However, a person may camp within 200 m of a formed road or within 500 m of the Heaphy Track if the person camps in a campsite listed in Schedule 1. (4) A person must book before camping in a campsite listed in Schedule 1. (5) A person who intends to camp in a campsite listed in Schedule 1 or a campsite not listed in Schedule 1 but identified as a campsite on the Kahurangi Parkmap must comply with directions that the person gets from a departmental employee or an official notice about where the person may or may not camp in the campsite. (6) A person must not camp for longer than— o (a) 2 consecutive nights at any 1 campsite listed in Schedule 1: o (b) 7 consecutive nights at any 1 campsite not listed in Schedule 1 but identified as a campsite on the Kahurangi Parkmap: o (c) 14 consecutive nights in total, wherever the person camps in the park. (7) A person who has camped in the park must leave the area in which the person camped clean and tidy. 9 Huts  (1) A person must book before staying in a hut on the Heaphy Track. (2) A person must not stay in any 1 hut on the Heaphy Track for more than 2 consecutive nights. (3) A person must not stay in any other hut for more than 3 consecutive nights. http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM443337#DLM443337 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM443350#DLM443350 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 (4) A person must not remain in a hut after a departmental employee has directed the person to leave it on the grounds that the person has damaged the hut or appears likely to damage the hut or has acted in a manner likely to annoy, harm, or offend other people. (5) A person who has used a hut must leave it clean and tidy. 10 Groups of more than 10 people  (1) This bylaw applies to a group of more than 10 people. (2) The group must not stay in the park for more than 1 night. (3) If the group stays in or around a hut, it must not use more than half of the hut's sleeping spaces. (4) If the group stays in or around a hut, it must have sufficient tents for the whole group. 11 Climbing  A person must not remove vegetation or other material from rock faces in the park to facilitate climbing. 12 Hunting: Cobb Valley flats, Mount Arthur, and Tableland Area  (1) This bylaw applies to the areas shown by the hatching on the map in Schedule 2 and described as follows: o (a) the area within 500 m of each thing listed in Schedule 3; and o (b) the area that is to the west of Flora Hut and enclosed by the Flora Hut Walk, the Mt Arthur Walk, the Mt Arthur Route, the Pyramid Route, and the Salisbury Track; and o (c) the area that is to the south-east of Myttons Hut and enclosed by the Lake Peel Track, the Cobb Ridge/Peel Ridge Tracks, the Cobb Reservoir Road, and the Bullock Track (part). (2) A person must not hunt or kill a wild animal in the areas on and from 15 December until 7 am on 7 February in the following year. (3) The prohibition on hunting and killing in this bylaw includes hunting and killing from any kind of aircraft, including a helicopter. 13 Hunting: Heaphy Track, Wangapeka Track, and Tasman Wilderness Area  (1) A person must not hunt or kill a wild animal on, or within 1 km of, the Heaphy Track or the Wangapeka Track on and from 15 December until 7 am on 7 February in the following year. (2) A person must not hunt or kill a wild animal on, or within 1 km of, the Heaphy Track or the Wangapeka Track from a helicopter at any time. (3) A person must not hunt or kill a wild animal from a helicopter in the Tasman Wilderness Area— o (a) on and from 1 December until the end of 31 March in the following year; or o (b) on and from Good Friday until 7 am on the day after Easter Monday. 14 Hunting: spotlights  A person must not use a spotlight for hunting in the park at any time. 15 Powered watercraft  (1) A person must not bring a powered watercraft into the park. (2) A person must not place a powered watercraft on or in the park's waters. (3) A person must not use a powered watercraft on or in the park's waters. 16 Vehicles: taking in and using  (1) A person must not take a vehicle into the park. (2) A person must not use a vehicle in the park. (3) However, a person may take a vehicle into the park and use a vehicle in the park if the person takes the vehicle into the park and uses the vehicle in the park on— http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1428202#DLM1428202 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1428200#DLM1428200 o (a) a formed road; or o (b) a formed car park accessible by a formed road; or o (c) a campsite listed in Schedule 1 and accessible by a formed road; or o (d) a campsite not listed in Schedule 1 but identified as a campsite on the Kahurangi Parkmap and accessible by a formed road. (4) A person taking a vehicle into the park or using a vehicle in the park must comply with the directions of a departmental employee or an official notice as to taking the vehicle into the park or using the vehicle in the park. If there are no directions, the person must take the vehicle into the park and use the vehicle in the park in a safe and considerate manner. (5) This bylaw does not allow a person to take a vehicle into the park or use a vehicle in the park if the vehicle— o (a) is of a class that an official notice excludes from being taken into the park or used in the park; or o (b) is not currently registered; or o (c) does not display a current warrant of fitness; or o (d) is of a class for which the person does not have a current driver's licence. 17 Vehicles: allowing to remain  (1) A person must not allow a vehicle under the person's control to remain in the park. (2) However, a person may allow a vehicle under the person's control to remain in the park if the person allows the vehicle to remain on— o (a) a formed road; or o (b) a formed car park accessible by a formed road; or o (c) a campsite listed in Schedule 1 and accessible by a formed road; or o (d) a campsite not listed in Schedule 1 but identified as a campsite on the Kahurangi Parkmap and accessible by a formed road; or o (e) a place where a departmental employee directs the person to put the vehicle; or o (f) a place where an official notice directs the person to put the vehicle. 18 Sporting events  A person must not organise a sporting event in the park. 19 Public address systems  (1) A person must not install or use a public address system in the park. (2) However, a person may install and use a public address system in the park if the system is installed and used in a building or vehicle and cannot be heard outside the building or vehicle. 20 Exceptions  (1) Bylaws 8, 9, 10, 16, 17, and 19 do not apply in an emergency involving danger to life or property. (2) The Minister may decide that 1, some, or all of bylaws 8, 9, 10, 16, 17, and 19 do not apply if the Minister considers it necessary for the bylaw or bylaws not to apply to facilitate the park's beneficial and proper administration, control, or management. (3) The Director-General may give prior written or electronic permission for 1, some, or all of bylaws 8, 9, 10, 18, and 19 not to apply to a person. 21 Offences  A person commits an offence against these bylaws if the person breaches or fails to comply with any of the provisions of the bylaws. 22 Penalties  A person who commits an offence against these bylaws is liable, on summary conviction, to a fine not exceeding $500. 23 Other proceedings for offences http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679805#DLM1679805 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679822#DLM1679822 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679824#DLM1679824 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679826#DLM1679826 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679828#DLM1679828 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679830#DLM1679830 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679832#DLM1679832 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679822#DLM1679822 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679824#DLM1679824 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679826#DLM1679826 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679828#DLM1679828 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679830#DLM1679830 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679832#DLM1679832 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679822#DLM1679822 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679824#DLM1679824 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679826#DLM1679826 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679843#DLM1679843 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679832#DLM1679832  These bylaws do not limit or prevent the taking of proceedings under any Act for an offence committed in the park. Schedule 1 Campsites cls 7(2), 8(3)–(6), 16(3), 17(2) Campsite Grid reference Aorere campsite M26 2462772 6034532 Brown campsite M26 2463378 6039437 Gouland Downs campsite M26 2455471 6034883 Heaphy campsite L26 2435164 6024052 James Mackay campsite L26 2444000 6035350 Katipo Creek campsite L26 2434900 6017800 Perry Saddle campsite M26 2459674 6033803 Saxon campsite M26 2451702 6035333 Scotts Beach campsite L26 2434800 6012700 Schedule 2 Map of hunting closure areas cl 12(1) http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679846#DLM1679846 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679822#DLM1679822 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679828#DLM1679828 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679830#DLM1679830 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679851#DLM1679851 Schedule 3 Hunting closure areas cl 12(1)  The following things are identified on the map in Schedule 2:  Flora Hut Walk  Mt Arthur Walk  Mt Arthur Route  Pyramid Route  Salisbury Track  Tablelands/Lake Peel Track  Lake Peel Track  Cobb Valley Track  Cobb Ridge/Peel Ridge Tracks  Mt Arthur Hut  Salisbury Hut  Balloon Hut  Myttons Hut  Trilobite Hut  Cobb Hut  Fenella Hut http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1679851#DLM1679851 http://www.legislation.govt.nz/regulation/public/2009/0014/latest/whole.html#DLM1428202#DLM1428202  Salisbury Shelter  Growler Shelter  Gridiron Shelters  Flora Hut  Lake Peel  Cobb Dam  Flora Carpark Dated at Wellington this 15th day of February 2009. Tim Groser, Minister of Conservation. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 26 February 2009. These bylaws are administered by the Department of Conservation. http://www.legislation.govt.nz/regulation/public/2009/0014/latest/link.aspx?id=DLM195097#DLM195097