What other rules apply to driving on the beach?
Whangarei District Council regulates vehicles on beaches through a bylaw. However, Northland Regional Council and the Department of Conservation have separate rules that apply:
- Northland Regional Council does not allow driving on the beach in some areas of the region through their Regional Plan. You can see the rules here:
Driving on beaches – Northland Regional Council (nrc.govt.nz)
- It is an offence against the Department of Conservation’s Northland Reserves Bylaws 2007 to drive a vehicle in to any of the following reserves: Oakura Beach Domain Recreation Reserve, Poupouwhenua Scenic Reserve, Ruakākā Scenic Reserve, Uretiti Recreation Reserve, Uretiti Scenic Reserve, Waipu Government Purpose (Wildlife Refuge) Reserve. You can see the rules here:
Northland reserve bylaws: Guides and bylaws (doc.govt.nz)
Vehicles can be driven on beaches in areas not otherwise restricted by Council and other authorities.
Legislation treats the beach as a road, which means that all road rules apply when driving on the beach – speed limits, dangerous driving, vehicle licensing, driving whilst intoxicated etc.
Who enforces Council's Control of Vehicles on Beaches Bylaw?
Police are the only agency with the authority to stop a moving vehicle.
Council's parking enforcement officers can issue fines in certain circumstances.
What penalties apply to a breach of the bylaw?
A person who breaches Council's Control of Vehicles on Beaches Bylaw is liable on conviction to a fine of up to $20,000. Instant fines may also apply.
A person who breaches the Department of Conservation's Northland Reserves Bylaws is liable on conviction to a fine of up to $5,000.
For breaches of Northland Regional Council's Regional Plan, abatement notices and fines of up to $500 may apply.
What are Council's bylaw-making powers?
Under the Local Government Act 2002, Council can make a bylaw for the purposes of protecting public safety and protecting the public from nuisance.
Under the Land Transport Act 1998, Council can restrict vehicle use on a beach for the purposes of protecting the environment. For instance, Whangārei District is home to populations of endangered shorebirds protected by the Wildlife Act 1953.