Originally sent by: Mark
Hi Chris
The bylaws will give you some of the information your after.
Ive copied and pasted it out of their website, (http://www.kapiticoast.govt.nz/NR/rdonlyres/DAB3B7CD-2AC8–46D7-A822–6B9
3197C21CF/4160/BEACHBYLAW2000.pdf )
so apologise for the lack of formatting.
KAPITI COAST DISTRICT COUNCIL
BEACH BYLAW 2000
k:\bylaws\beach bylaw 2
INDEX
Section Subject Page number
Index 2
Title Page; Commencement; Revocation; Application; Relevant
Legislation; Powers
3
Interpretation 4
- Litter 6
- Aircraft and Hovercraft 6
- Vehicles 7
- Animals 9
- Hiring of Craft 10
- Trading on the Beach 10
- Removal of Material from the beach, foreshore and dunes 10
- Protective Works 10
- Prohibition of Bathing 10
- Surfboards and Windsurfers 11
- Personal Water Craft ("Jet Ski") and Water Skis 11
- Lifesaving 12
- Lifesaving and Navigation Equipment 12
- Fires, Dangerous Equipment and Materials 12
- Behaviour Control 13
- Special Events 13
- Permits issued pursuant to the Bylaw 13
- Offenders against the Bylaw 14
- Penalties 14
k:\bylaws\beach bylaw 3
SHORT TITLE KAPITI COAST DISTRICT COUNCIL BEACH BYLAW 2000.
COMMENCEMENT This Bylaw shall come into force on the 19th day of May 2000
following the confirmation of the Special Order by Council on
11th day of May 2000.
REVOCATION As from the date that this Bylaw comes into force, Section 8 (Beaches) of the Kapiti Coast District Council General Bylaw - shall be revoked.
APPLICATION OF THIS BYLAW These Bylaws shall apply to any part of the beach, foreshore
and dunes extending inland from mean low water springs to
the limit of Council ownership or control (refer to the Kapiti
Coast District Boundary Alteration Notice 1996 (pursuant to
section 37P(2) of the Local Government Act 1974)).
RELEVANT LEGISLATION Bylaws Act 1910
Conservation Act 1987
Health Act 1956
Impounding Act 1955
Litter Act 1979
Local Government Act 1974
National Parks Act 1980
Reserves Act 1977
Kapiti Coast District Boundary Alteration Notice 1996
(pursuant to section 37P(2) of the Local Government Act
1974).
Kapiti Coast District Council General Bylaw 1991
Kapiti Coast District Council Dog Control Bylaw 1997
POWERS This Bylaw of the Kapiti Coast District Council is made under
and by virtue of and in pursuance of the powers and
authorities vested in Council by the Local Government Act - and all other Acts, powers and authorities enabling it in
that behalf.
k:\bylaws\beach bylaw 4
INTERPRETATION
In this bylaw, the following terms have the following meanings:
Animal Any mammal other than a human being, any bird, reptile, amphibian, fish or
invertebrate organism of any kind.
Approved Approved by Council or by any Officer of Council authorised for the purpose.
Authorised
Launching Area
An area of beach designated for the purpose of launching boats and parking
trailers or vehicles after the launching of boats.
Authorised Officer An Officer of Council acting on its behalf and with its authority.
Bathing Water bathing.
Beach That area extending between mean high water springs and mean low water
springs.
Beach Access A formed road or track allowing public, pedestrian and vehicular access to the
beach from public roads.
Beach, foreshore
and dunes
That area extending inland from mean low water springs to the limit of Council
ownership or control.
Clothing optional
area
An area specified by Council where any person may be present with or without
clothing.
Council Kapiti Coast District Council.
Dunes The section of foreshore lying generally above high water spring and includes
natural windblown or formed sand formations.
Foreshore Such parts of the bed, shore or banks of a tidal water as are covered and
uncovered by the flow and ebb of the tide at mean spring tide.
Impound To hold in a public pound or in any vehicle used to transport dogs or stock to a
public pound.
"Jet Ski" See Personal Water Craft
Litter Refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth,
rubble, ballast, stones, earth, or waste matter or any other thing of like nature.
Personal Water
Craft
A small craft with a fully enclosed hull, driven and steered by a water-powered
jet, which does not take on water if capsized and which is designed to be
operated by a person standing or sitting astride or kneeling on it but not seated
within it. Also known as "Jet Ski".
Power Boat Any boat or vessel propelled by a motor and controlled by a person or any
other means.
k:\bylaws\beach bylaw 5
Stock Includes cattle, horses, deer, goats, sheep, pigs or any other vertebrate animal
or carcass.
Surfboard Any object of wood, metal, fibreglass plastic or any other material of any kind
whatsoever or combination of materials used for the purpose of surfing or
surfriding.
Water Ski Any object of wood, metal, fibreglass plastic or any other material of any kind
whatsoever or combination of materials used for the purpose of water skiing.
Windsurfer Any object of wood, metal, fibreglass plastic or any other material of any kind
whatsoever or combination of materials propelled by wind-power used for the
purpose of windsurfing.
k:\bylaws\beach bylaw 6 - LITTER
1.1 No person shall on any part of the beach, foreshore and dunes: Discard or deposit any litter in a manner likely to cause a nuisance, injury or danger to public health or safety or be unsightly or detract from the general amenity of the area.
Litter on beach
1.2 Any authorised officer either generally or in any particular case may
remove any litter discarded or deposited on any part of the beach, foreshore and dunes contrary to this Bylaw and the costs and
expenses incurred in so doing may be recovered as a debt from the
person discarding or depositing or directing the discarding or depositing of such litter.
Removal of material
from beach by
Officer - AIRCRAFT AND HOVERCRAFT
2.1 No person shall (except in case of emergency) land or attempt to land on any part of the beach, foreshore and dunes any aircraft,
glider, balloon, parachute or other craft for air flying nor any hovercraft, except a hang-glider, unless:
a) the Council has given written permission to carry out the activity, and
b) all other statutory requirements are also complied with.
Aircraft landing on
beach
2.2 2.2.1 No person shall (except in case of emergency) land or
attempt to land on any part of the beach, foreshore and
dunes any hang-glider unless:
a) the Council has given written permission to carry out the
activity, and
b) all other statutory requirements are also complied with,
except between the southernmost limit of Ames Street,
Paekakariki and the southern boundary of the district.
2.2.2 Any person landing or attempting to land a hang glider on
any part of the beach, foreshore and dunes shall take all
possible steps to avoid causing a nuisance or danger to
other persons in the area.
Hang Gliders
2.3 No person shall (except in case of emergency) attempt to become airborne or water-borne in any aircraft, glider, hang glider, balloon, parachute or other craft for air flying nor any hovercraft, from any part of the beach, foreshore and dunes unless in each case Council
has given written permission and any such permission will be of no effect unless all other statutory requirements are also complied
with.
Aircraft taking off
from beach
k:\bylaws\beach bylaw 7 - VEHICLES
3.1 No person shall except with the prior written permission of Council, do any of the following on any part of the beach, foreshore and
dunes:
3.1.1 Drive any land yacht except between North Waikanae
(opposite Olliver Grove, Waikanae Beach) to the mouth of
the Mangaone Stream, Te Horo Beach and north from the
mouth of the Waitohu Stream to the northern limit of the
district.
Land yachts
3.1.2 Bring, drive or ride any motor vehicle, except between North Waikanae (opposite Olliver Grove, Waikanae Beach) north
to the Otaki River, and from opposite Konini Street, Otaki
Beach to the northern limit of the district.
Area where
vehicles are
authorised on
beach
3.1.3 Tow or drag any surfboard or similar device behind any
motor vehicle in such a way as to cause a danger or
inconvenience to any person.
Vehicles dragging
surfboards.
3.1.4 Park any trailer or vehicle, other than
a) trailers or vehicles used during the launching or
retrieving of boats from authorised launching areas or
b) trailers and vehicles used for the storage of fishing
equipment at authorised launching areas.
Trailers
3.2 Except in an emergency, no person may bring or drive a motor
vehicle onto any part of the beach, foreshore and dunes via a
beach access or by any other means without written permission
from Council, unless that motor vehicle is moving to or from the
edge of the water by the shortest practicable route so as to launch
a craft or remove a craft from the water.
Launching/
retrieving boats
3.3 Council may, by publicly notified resolution, define any part of the beach, foreshore and dunes as a "special vehicle access" area for specific purposes (eg to allow controlled vehicular access for whitebaiting). Such an area shall be appropriately signposted. k:\bylaws\beach bylaw 8
3.4 No person shall, except for emergency purposes, on any part of the beach, foreshore and dunes:
3.4.1 Drive any land yacht or motor vehicle at a speed or in a
manner which, in the opinion of any authorised officer:
a) causes danger or inconvenience to any person or
b) causes damage to the foreshore or has adverse effects
on plants and/or animals or their habitats.
Vehicles: safety
3.4.2 Park on or near any authorised launching area any craft,
trailer or vehicle so as to obstruct the reasonable use of
such areas.
Parking near
launching ramps
3.5 No person shall, except for emergency purposes, bring or drive any motor vehicle, land yacht, or trailer onto any part of the beach or foreshore except by any authorised beach access.
3.6 The Council may from time to time issue a permit authorising vehicle racing on the beach, in which case the provisions of the bylaw shall apply except so far as varied by the permit and any conditions on the permit.
Vehicle racing
k:\bylaws\beach bylaw 9 - ANIMALS
4.1 No person shall, without prior written permission of Council, on any part of the beach, foreshore and dunes:
4.1.1 Ride, drive or lead a horse except between North Waikanae
Beach (opposite Olliver Grove, Waikanae Beach) and
opposite the junction of Rangiuru Road and Marine Parade,
Otaki, or from opposite Koromiko Street, Otaki, to the
northern limit of the district.
Horses on the
beach
4.1.2 Drive or lead any stock, or being the owner or person in
control of any stock, allow them to wander thereon.
Stock on the beach
4.2 No person shall, on any part of the beach, foreshore and dunes ride any horse in a manner which, in the opinion of any authorised
officer, causes danger or inconvenience to any person or causes
damage to or pollutes any part of the beach foreshore or dunes.
Horses on the
beach: safety
4.3 The Council may from time to time issue a permit authorising horse racing on the beach, in which case the provisions of the bylaw shall apply except so far as varied by the permit and any conditions on
the permit.
Horse racing on the
beach
4.4 No person who has obtained prior written permission from Council
to drive or lead any stock on any part of the beach, foreshore and
dunes shall do so in a manner which, in the opinion of any
authorised officer:
Stock on the beach:
safety
a) causes danger or inconvenience to any person or
b) causes damage to the foreshore or has adverse effects
on plants and/or animals or their habitats.
4.5 4.5.1 Any stock found on any part of the beach, foreshore and
dunes in circumstances which are in breach of these
provisions may be impounded by, or upon the instructions
of, any Animal Control Officer warranted pursuant to the
Impounding Act 1955.
4.5.2 In the event that it becomes necessary for an Animal
Control Officer to impound any stock then the person in
charge of the stock shall be liable to meet reasonable
impounding expenses.
Impounding stock
on the beach.
k:\bylaws\beach bylaw 10 - HIRING OF CRAFT
5.1 5.1.1 Council may authorise the use of any part of the beach, foreshore and dunes for the hiring, storing, launching and
recovery of any types of water borne craft made available
for public hire and may issue a permit to any person or
persons for the carrying out of one or more of those
activities.
Hiring craft on
beach; permit
5.1.2 Any such permit may include such conditions as may be
desirable in the interests of the safety and convenience of
the public.
5.1.3 Any person who carries on any one or any combination of the activities referred to in Subclause 5.1.1 hereof when the
person is not licensed to do so commits an offence against
this Bylaw. - TRADING ON THE BEACH
No person shall, on any part of the beach, foreshore and dunes,
sell, offer for sale, or trade, any article without prior written permission of Council.
Trading on beach - REMOVAL OF MATERIAL FROM THE BEACH, FORESHORE
AND DUNES
7.1 No person shall remove any material from any part of the beach, foreshore and dunes unless consents have been obtained from the
Minister of Conservation or Wellington Regional Council as are appropriate.
Removal of material
from beach - PROTECTIVE WORKS
8.1 No person shall damage, break, destroy, remove or otherwise interfere with any portion of any protective works, groynes or other structures legally erected on any part of the beach, foreshore and
dunes for the control of sand or shingle or for the prevention of erosion without a written permit from Council.
Damage to
structures on beach - PROHIBITION OF BATHING
9.1 Council may by publicly notified resolution prohibit bathing or any other activity for public health and safety reasons on any part of the beach, foreshore and dunes under its control. Council shall erect
signs in prominent positions defining the limits within which bathing shall be prohibited and any person bathing anywhere within such
limits shall be guilty of an offence against this part of the Bylaw. Bathing prohibited
for health and/or
safety reasons
k:\bylaws\beach bylaw 11 - SURFBOARDS AND WINDSURFER BOARDS
Between the line of mean high water springs and mean low water
springs:
10.1 Council may from time to time, by public notice, upon such terms and conditions and for such period or periods as it thinks fit, declare that a defined area or areas of the beach and foreshore or of the
waters of the sea abutting such beach and foreshore as it thinks fit shall be reserved as a surfboard area or surfboard areas as the
case may be for the exclusive use of persons using surfboards.
Surfboard zones
10.2 Council shall in any case where a surfboard area abuts any part of the beach customarily used for bathing or swimming by the public generally in any case cause such notice or notices to be erected as
it considers necessary to indicate and mark the limits of such
surfboard area or areas.
10.3 No person other than a person using a surfboard shall enter a surfboard area or bathe or swim in the water of a surfboard area.
10.4 No person shall fish in the water of a surfboard area or allow a fisher line or lure to enter a surfboard area.
10.5 No person shall propel, navigate, anchor or otherwise use any vessel in a surfboard area or in breach of any terms or conditions subject to which a surfboard area has been defined :
i) Provided that any member of a surf life saving club,
authorised by Council to operate on the beach, shall not be
precluded from launching or landing any surf ski or surf boat
within the said area or areas.
10.6 Where a surfboard area has been defined and reserved under Subclause 10.1 herein no person using a surfboard shall use or
being the owner or person in charge of a surfboard shall cause or
permit that surfboard to be used in any area of the beach or in the waters of the seas in the vicinity of the foreshore of the beach other than a surfboard area. - PERSONAL WATER CRAFT AND WATER SKI
Between the line of mean high water springs and mean low water
springs:
11.1 a) No person shall use any personal water craft outside of the areas identified and signposted for this purpose by Council.
Personal water craft
and water ski areas
b) No person shall use any water ski outside of the areas identified
and signposted for this purpose by Council.
k:\bylaws\beach bylaw 12 - LIFE SAVING
12.1 Nothing in Clauses 2.1, 3.1, 8.1, 10.3 or 10.6 of this Bylaw shall apply to any person engaged in the rescue or attempted rescue of
any other person whose life or safety is in danger or apparent
danger.
Rescue activity
12.2 No person shall obstruct or hinder or interfere with any life-saving
operations or with any person engaged in life-saving activities.
12.3 Council may at its discretion authorise any life-saving club: Life-saving clubs
12.3.1 To provide and use life-saving equipment to the standards approved by the New Zealand Surf Life-saving Association.
12.3.2 To use any such equipment provided by Council.
12.3.3 To erect and remove from any place danger notices.
12.4 No person shall swim in any place, or in the vicinity of any place, which is declared unsafe for such activity by a Council-approved "Danger" board or notice. No person shall swim in any such place
after being warned by any authorised Officer or qualified life-saving attendant that it is dangerous to swim in such a place. - LIFESAVING AND NAVIGATION EQUIPMENT
13.1 No person shall interfere with or remove, destroy or damage any sign, navigation structure or aid, or any lifebuoy or lifesaving apparatus erected or maintained on the beach or foreshore on any
wharf, jetty, marina or landing place.
Lifesaving and
navigation
equipment - FIRES; DANGEROUS EQUIPMENT AND MATERIALS
14.1 No person shall except with the prior written permission of Council light any fire on any part of the beach, foreshore and dunes.
Fires on the beach
14.2 No person shall except with the prior written permission of Council take, carry, or use on any part of the beach, foreshore and dunes
any fire-arm, firework, bow, arrow, catapult or any other instrument that in the opinion of an authorised officer is dangerous and which
has the potential to endanger the health and safety of other people. Dangerous
equipment on the
beach
k:\bylaws\beach bylaw 13 - BEHAVIOUR CONTROL
15.1 Council may by publicly notified resolution define any part of the beach, foreshore and dunes as a "clothing optional" area. Such an
area shall be appropriately signposted.
Clothing optional
areas
15.2 All persons fishing from the beach and foreshore shall take care not
to injure or endanger any other people.
Fishing from the
beach
15.3 No person shall carry a loaded firearm on or across any part of the beach, foreshore and dunes or use or discharge any such firearm
on any part of the beach, foreshore and dunes.
Firearms on the
beach - SPECIAL EVENTS
16.1 Any person or organisation wishing to hold a special event on any part of the beach, foreshore and dunes the beach shall apply in
writing to Council for a permit to hold such an event.
16.2 An application to hold a special event shall include full details of the
proposed event, the areas of the beach where the event shall
occur, the duration of the event, proposed safety controls for the duration of the event, and beach remediation measures following
the event and any other measures deemed necessary by Council.
The Chief Executive Officer of Council may issue a written permit specifically for the event.
16.3 The issuing of a permit for a special event may be subject to a bond
to cover the costs of any clean-up or remediation undertaken by
Council following the event. - PERMITS ISSUED PURSUANT TO THE BYLAW
17.1 Where the Council issues any permit pursuant to the terms of this bylaw, it may impose any reasonable conditions on that permit that it thinks fit. Such conditions may include the requirement for a
Resource Consent.
k:\bylaws\beach bylaw 14 - OFFENDERS AGAINST THE BYLAWS
18.1 Any person who in the opinion of an Authorised Officer commits a breach of any of the provisions of this bylaw shall, if so requested
by the Officer, supply to the Officer their full name and address.
18.2 Any person who in the opinion of an Authorised Officer commits a breach of any of the provisions of this Bylaw shall, upon request of
the Officer, immediately leave the beach. That person may also be prosecuted for the said breach.
18.3 Failure to leave the beach upon the request of an Authorised Officer constitutes an offence against the provisions of this bylaw. 18.4 Every person commits an offence against this bylaw who breaches
any provision of this bylaw. The Council may prosecute any person
who commits an offence against this bylaw. - PENALTIES
19.1 Subject to the provisions of any Act or Regulation, every person guilty of an offence against this Bylaw, shall be liable for each offence, upon summary conviction to a fine not exceeding five
hundred dollars ($500) and where the offence is a continuing one,
to a further fine not exceeding fifty dollars ($50) for every day or part of a day on which the offence has continued.
Penalties
generally
19.2 The continued existence of any activity, work or building, land or premises in such a state or form as to be in contravention of any provision of this Bylaw shall be deemed to be a continuing offence
under this Bylaw.
Continued
contravention
is a continuing
offence
19.3 Council may, after a conviction has been entered for a continuing breach of this Bylaw apply to any Court of competent jurisdiction for
an injunction to restrain the further continuance of the breach by the person so convicted.
Injunction
19.4 The exercise of this authority shall not relieve any person from liability for any penalty incurred by reason of such breach.







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