Nelson Lakes National Park Bylaws 2006

Nelson Lakes National Park Bylaws 2006 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 Pollution 5 Disposal of litter 6 Motorised vessels 7 Non-motorised vessels 8 Moorings 9 Overnighting 10 Waterskiing 11 Camping 12 Hunting 13 Aircraft 14 Use of Park huts 15 Fires 16 Vehicles 17 Competitive sports 18 Portable generators 19 Public address systems 20 Offences 21 Penalties 22 Proceedings for offences 23 Revocation Schedule Campsites Notice 1 Title These bylaws are the Nelson Lakes National Park Bylaws 2006. 2 Commencement These bylaws come into force on the 28th day after the date of their notification in the Gazette. 3 Interpretation (1) In these bylaws, unless the context otherwise requires, Act means the National Parks Act 1980 camp includes staying overnight in a vehicle or boat campsite means a campsite listed in the Schedule Department means the Department of Conservation formed car park means a car park formed and maintained by the Department for vehicular use by the public formed road (a) means a road formed and maintained by the Department for vehicular use by the public; and (b) includes any bridge, culvert, or ford forming part of the road; but (c) does not include (i) a short walk, walking track, tramping track, route, or road identified as a short walk, walking track, tramping track or route (and any bridge, culvert, or ford forming a part of any of them) marked on the Nelson Lakes Parkmap; or (ii) an unformed legal road hovercraft means a machine designed to be supported in the atmosphere, wholly or partly by air expelled from the machine to form a cushion extending beneath the machine to the surface of any ground, water, or other portion of the earth's surface hut means a hut, hostel, or other building owned by the Crown and administered by the Department and available for public accommodation in the Park litter has the same meaning as in the Litter Act 1979 management plan means the management plan for the Park approved under the Act mooring (a) means any weight or article placed in or on the foreshore or the bed of a lake or river within the Park for the purpose of securing a vessel, raft, aircraft, or floating structure; and (b) includes a wire, rope, buoy, or other device attached or connected to the weight or article; but (c) does not include an anchor that is normally removed with the vessel, raft, aircraft, or floating structure when it leaves the site or anchorage motorised vessel (a) means a vessel or other watercraft that is used in navigation and not solely powered manually or by sail; and (b) includes a personal watercraft or hovercraft Nelson Lakes Parkmap means a map of the Park that is held at the Nelson/Marlborough Conservancy office of the Department at Nelson non-motorised vessel means a vessel or other watercraft that is used in navigation and is solely powered manually or by sail official notice means a conspicuous notice publicly displayed containing instructions or directions as to conduct in the Park Park means the Nelson Lakes National Park personal watercraft (a) means a motorised vessel that (i) has a fully enclosed hull; and (ii) does not take on water if capsized; and (iii) is designed to be operated by a person standing, sitting astride, or kneeling on it, but not seated in it; and (b) includes jet skis Rotoiti Nature Recovery Project Area means the core and extension areas shown on map 4 of the management plan shelter means a partially or fully enclosed building, with no facilities, that provides shelter St Arnaud Management Area means the area shown on map 3 of the management plan take, in relation to a vehicle, includes using, riding, pushing, or operating the vehicle vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998; and includes a vehicle from which the wheels have been removed waterski, as a verb, means to operate a motorised vessel to tow a person who is (a) on waterskis, an aquaplane, an inflatable device, a surfboard, or other similar device; or (b) barefoot skiing. (2) In these bylaws, a term or expression defined in the Act and used, but not defined, in these bylaws has the same meaning as in the Act. 4 Pollution A person must not (a) wilfully or carelessly pollute in any manner the waters or land of the Park; or (b) wilfully or carelessly spill or cause to be spilled any petrol, oil, or similar substance in the Park. 5 Disposal of litter A person must not (a) leave, other than in a suitable litter receptacle provided in the Park, in any part of the Park (i) any litter introduced into the Park by the person; or (ii) any litter introduced into the Park and in that person's possession; or (b) bury any litter in the Park. 6 Motorised vessels (1) A person must not place or use a motorised vessel on, or within, the waters of Lake Rotoiti or Lake Rotoroa that is (a) more than 8 m in length; or (b) more than 2.5 m in width. (2) A person must not place or use a motorised vessel on, or within, any rivers of the Park. (3) A person must not place or use a personal watercraft or hovercraft on, or within, the waters of the Park. 7 Non-motorised vessels (1) A person must not place or use a non-motorised vessel on, or within, the waters of the Park that is (a) more than 8 m in length; or (b) more than 2.5 m in width. (2) Subclause (1) does not apply to rowing skiffs or waka. 8 Moorings A person must not install or use any vessel mooring within the waters of the Park. 9 Overnighting (1) A person must not stay overnight in, or on, a motorised vessel or non-motorised vessel on, or within, the waters of the Park. (2) The owner or operator of a motorised vessel or non-motorised vessel must not allow the motorised vessel or non-motorised vessel to remain on, or within, the waters of the Park overnight, except (a) with the prior written consent of the Minister; or (b) for Park management purposes. 10 Waterskiing (1) A person must not undertake water-skiing on any waters of the Park. (2) Subclause (1) does not apply to the waters of Lake Rotoiti within the areas designated for that purpose and shown on map 8 of the management plan. 11 Camping (1) A person must not camp (a) within 200 m of a formed road; or (b) on Lake Rotoiti or Lake Rotoroa; or (c) in a shelter. (2) Subclause (1) does not apply (a) in an emergency involving danger to life or property; or (b) if the person has obtained the prior written consent of a ranger or an employee of the Department; or (c) in respect of a campsite. (3) A person who camps on a campsite in the Park must comply with any direction that (a) is given to the person by a ranger or an employee of the Department; or (b) is brought to the person's attention by an official notice; and (c) relates to the part or parts of the campsite that may be used for camping (including a direction that prohibits camping on any part or parts of the campsite). (4) A person who camps in the Park, whether on a campsite or otherwise, must leave the area on which the person camps clean and tidy. (5) A person must not camp in the Park for more than 14 consecutive days without the consent of a ranger or an employee of the Department. 12 Hunting (1) A person must not hunt or kill (including from a helicopter or other aircraft) any wild animal in the St Arnaud Management Area or the Rotoiti Nature Recovery Project Area. (2) A person must not, at any time, use a spotlight for hunting. 13 Aircraft (1) The owner or operator of an aircraft must not allow the aircraft to (a) land at, or take off from, any place within the Park (except the Mt Robert Skifield helipad or the Ward Street helipad); or (b) hover over any part of the Park. (2) Subclause (1) does not apply (a) in an emergency involving danger to life or property; or (b) if the landing or take-off is authorised by a licence or permit issued under the Wild Animal Control Act 1977; or (c) if the Minister considers that the landing or take-off is necessary for the proper and beneficial management, administration, and control of the Park. (3) The Minister may, by way of official notice, prohibit persons from entering any part of the Park that is likely to be affected by the landing or taking off of aircraft within the Park for any period of time as the Minister considers necessary for the safety of the public. (4) To avoid doubt, subclause (1)(a) does not authorise a person to transport passengers in a helicopter between Rainbow Ski-field and Mt Robert Skifield. 14 Use of Park huts (1) A person must not remain overnight for more than 2 consecutive nights in any 1 hut in the Park. (2) Subclause (1) does not apply (a) in an emergency involving danger to life or property; or (b) if the person has the prior written consent of a ranger or an employee of the Department; or (c) if the Minister considers it necessary for the proper and beneficial management, administration, and control of the Park. (3) A person who uses a hut must leave it in a clean and tidy condition after use. (4) A person must not remain in a hut after the person has been directed to leave by a ranger or an employee of the Department because the person has (a) acted in a manner likely to offend, annoy, or harm other people; or (b) damaged, or appears likely to cause damage to, the hut. 15 Fires (1) A person must not light a fire (except on a portable stove fuelled by gas or vaporised petrol, oil, or other similar substance) on, or within 200 m of, a formed road unless the fire is in a campsite or permanent fireplace provided by the Department. (2) A person must not light a fire in the Park within 3 m of any tree or dry vegetation, except in a permanent fireplace provided by the Department. (3) A person must not drop, throw, or otherwise place in any combustible material a match, lighted cigarette, or other lighted matter, except for the purpose of lighting a fire as permitted by these bylaws. (4) A person who lights a fire within the Park must keep the fire continuously under supervision until it is completely extinguished. (5) Despite any other bylaw, a person must not light a fire, or attempt to light a fire, in the Park in circumstances where it is likely to present a fire hazard. (6) This bylaw does not exempt a person from the requirement to obtain an authority or permit to light a fire in the open air within the Park pursuant to sections 23 and 24 of the Forest and Rural Fires Act 1977 or any other requirement of that Act or any regulations made, or fire control measures taken, under the authority of that Act. 16 Vehicles (1) A person must not, without the written consent of the Minister, take a vehicle into, or permit a vehicle under that person's control to remain in, any part of the Park that is not (a) a formed road; or (b) a formed car park; or (c) a campsite accessible by a formed road. (2) Subclause (1) does not apply (a) in an emergency involving danger to life or property; or (b) if the Minister considers it necessary for the proper and beneficial management, administration, and control of the Park. (3) Subject to subclauses (1) and (2), a person must not take a mountain bike or other type of bicycle on any short walk, walking track, tramping track, or route marked on the Nelson Lakes Parkmap. (4) A person must not take a vehicle on a formed road within the Park if (a) the vehicle is of a class that is excluded by an official notice from the formed road; or (b) the vehicle is not currently registered or does not display a current warrant of fitness; or (c) the person does not hold a current driver licence for the particular class of vehicle being driven; or (d) the vehicle is of a class excluded by these bylaws. (5) A person who takes a vehicle into the Park must (a) operate and park it in accordance with the directions of any ranger or employee of the Department, or the directions contained in an official notice; or (b) if no directions are given under subclause (a), operate and park it in a safe and considerate manner and position. 17 Competitive sports A person must not, without the prior written consent of a ranger or an employee of the Department, conduct or engage in any competitive sport or in any organised training for any competitive sport in the Park. 18 Portable generators (1) A person must not install or operate a portable electric generator in any part of the Park. (2) Subclause (1) does not apply (a) in an emergency involving danger to life or property; or (b) if the Minister considers it necessary for the proper and beneficial management, administration, and control of the Park. 19 Public address systems A person must not, without the prior written consent of the Minister, install or operate a public address system in the Park unless the system (a) is installed in a building or vehicle; and (b) cannot be heard outside that building or vehicle. 20 Offences A person commits an offence against these bylaws if the person contravenes or fails to comply in any respect with any of the provisions of these bylaws. 21 Penalties A person who commits an offence against these bylaws is liable, on summary conviction, (a) in the case of an offence against bylaw 13(1), to a fine not exceeding $5,000: (b) in any other case, to a fine not exceeding $500. 22 Proceedings for offences These bylaws do not limit or prevent the taking of proceedings under any Act in respect of any offence committed in the Park. 23 Revocation The Nelson Lakes National Park Bylaws 1981 (SR 1981/68) are revoked. Schedule cls 3(1), 11(2), 16(1) Campsites Campsite Grid reference Lake Rotoroa campsite M29 76600 34700 D'Urville Hut campsite M29 80600 22300 Sabine Hut campsite M29 83500 22700 Coldwater Hut campsite N29 94700 26300 Lakehead Hut campsite N29 95100 25700 West Bay campsite N29 95600 34300 Kerr Bay campsite (excluding the N29 97400 33400 Blechynden Shelter) Dated at Wellington this 28th day of June 2006. Chris Carter, Minister of Conservation. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 6 July 2006. These bylaws are administered by the Department of Conservation.