Guest Posted May 31, 2013 Share Posted May 31, 2013 I had a "Launch Warden" warrant some years ago down south. To "willfully" give false details is a serious offense of obstruction. The HM etc don't have the power to arrest but the cops do and will if asked to! I think they now have "on the spot" fines but it was an "infringement notice" that usually involved court being a breach of bylaws. The HM has discretionary power so doesn't have to charge you. He would most likely warn you.... first time round! Link to post Share on other sites
PaulR 3 Posted May 31, 2013 Share Posted May 31, 2013 . . . The HM etc don't have the power to arrest but the cops do . . . I think the HM's have the power to "impound / arrest" the vessel, which could be worse because all your clothes, bedding, food, beers and rum, knot forgetting the wallet, car keys and phone all in the kitbag as well, could be a lot worse when standing out alone in the cold rainy dark night at the end of a long wharf. A nice warm cell, matress, blanket, ensuite facilities, hot & cold running water, central heating, air conditioned and with room service just a buzzer away could be a far nicer alternative. Link to post Share on other sites
grant 40 Posted May 31, 2013 Share Posted May 31, 2013 I had a "Launch Warden" warrant some years ago down south. To "willfully" give false details is a serious offense of obstruction. The HM etc don't have the power to arrest but the cops do and will if asked to! I think they now have "on the spot" fines but it was an "infringement notice" that usually involved court being a breach of bylaws. The HM has discretionary power so doesn't have to charge you. He would most likely warn you.... first time round! correct, although the infringement notice (same as a parking ticket) only goes to court if the person receiveing it wants to argue they shouldn't have got it Link to post Share on other sites
grant 40 Posted May 31, 2013 Share Posted May 31, 2013 . . . The HM etc don't have the power to arrest but the cops do . . . I think the HM's have the power to "impound / arrest" the vessel, which could be worse because all your clothes, bedding, food, beers and rum, knot forgetting the wallet, car keys and phone all in the kitbag as well, could be a lot worse when standing out alone in the cold rainy dark night at the end of a long wharf. A nice warm cell, matress, blanket, ensuite facilities, hot & cold running water, central heating, air conditioned and with room service just a buzzer away could be a far nicer alternative. HM can direct the vessel, and that could be direct it to move or direct to not move, still under the owners responsibility, at present only MNZ can "impound" (detain) and that is generally aimed at commercial stuff Link to post Share on other sites
Guest Posted June 1, 2013 Share Posted June 1, 2013 I had a "Launch Warden" warrant some years ago down south. To "willfully" give false details is a serious offense of obstruction. The HM etc don't have the power to arrest but the cops do and will if asked to! I think they now have "on the spot" fines but it was an "infringement notice" that usually involved court being a breach of bylaws. The HM has discretionary power so doesn't have to charge you. He would most likely warn you.... first time round! correct, although the infringement notice (same as a parking ticket) only goes to court if the person receiveing it wants to argue they shouldn't have got it Yes.... and no. "Statutory" authorities don't all have ON THE SPOT FINES (basically accepting guilt and penalty without it being court imposed). I know Fish and Game do not so any infringement notice issued by a authorised officer is at the discretion of the authority to prosecute or not and would involve the District Court if they decide to proceed. An infringement notice only alleges a breach of law, just like a parking ticket but the difference is YOUR option to pay and go away with a on the spot fine and THEIR option to prosecute or not with an infringement notice which MUST be court imposed (proven unless admission of guilt). We live in a nanny state so bi-laws get inn-acted by authorities because it looks good come election time. Personally, calm water, short trip and good free board, I cant see any HM doing anything other than wagging a finger. Children without life jackets could be a different story (brownie points with the boss!!). Maritime law puts the responsibility for safety of life at sea on the skipper or whoever is in charge (instigator) so most operate with commonsense... although you could argue that at the Half Moon Bay boat ramp at times!! Link to post Share on other sites
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