|
Submissions Received and Staff Recommendations
|
Attachment 2
|
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: 2.13
|
|
Verbal:
No
|
|
Name of Submitter: Mahia
Boating & Fishing Club/ Stan Jones - Mahia
|
Issues
Requiring Response: Would like to see all boat
trailers marked in a legible way identifying the name of the boat. Considers
this will help with SAR operations
Comment and
Proposals by Staff:
Agree with proposal
Recommendation:
That Council considers the
submission from Mahia
Boating & Fishing Club/ Stan Jones - Mahia and any
comments and proposals made by staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: Schedule
S2.3
|
|
Verbal: No
|
|
Name of Submitter: Bernie
Kelly - Clive
|
Issues
Requiring Response:
Comment on behaviour on Clive River and apparent lack of policing.
Comment and
Proposals by Staff: No submission made, however
monitoring programme may improve behaviour on Clive River.
Recommendation:
That Council considers the
submission from Bernie
Kelly and any comments and proposals made by
staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: Schedule
S2.4
|
|
Verbal:
No
|
|
Name of Submitter: Don
Stevenson - Porangahau
|
Issues
Requiring Response:
Supports S2.4 (a) (b) (c) (d) with some site specific amendments.
Opposes the uplifting of speed limits under bridge.
Requests that the swimming area include the jetty and extends 100 metres
upstream of the bridge.
Comment and
Proposals by Staff: Speed restrictions to be
uplifted in order that water skiers may proceed to a part of the river that is
wide enough for a safe turn to be executed. Common practice has been for this
to happen in contravention of bylaw and signage on bridge.
The proposed
bathing area already encompasses the jetty. Agree with request that bathing
area extend 100 metres upstream.
Recommendation:
That Council considers the
submission from Don
Stevenson and any comments and proposals made by
staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: Schedules
S2.4 & S2.5
|
|
Verbal:
No
|
|
Name of
Submitter: John Pothan - Porangahau
|
Issues
Requiring Response:
S2.4 - States
that public meeting on 20 September 2011 agreed to a 5 knot area 50 metres up
and 50 metres down the river.
S2.5 - States
that meeting agreed to an area 200 metres wide at Te Paerahi beach to be vessel
excluded.
Requests that these agreements be upheld.
Comment and
Proposals by Staff: There were no final decisions
made at the public meeting. The meeting agreed that the Harbourmaster should
revisit the sites and after extensive consultation a date and time for the
visit was agreed; this was undertaken on Friday 30 September.
Taking into
account all advice received the recommendation to Council is as outlined in the
final draft of the bylaws.
The 200 metre
exclusion zone at Te Paerahi Beach was adjusted slightly, from that first
proposed, with agreement of those present and the added condition in respect of
vehicle speed on the beach.
Recommendation:
That Council considers the
submission from John
Pothan and any comments and proposals made by
staff.
Draft Navigation
Safety Bylaws 2012 Submissions
|
Clause: Schedules
S2.4 & S2.5
|
|
Verbal:
No
|
|
Name of Submitter: Maureen
Pothan – Porangahau
|
Issues
Requiring Response:
Speed
restriction 50 metres up and down stream of the bridge to be 5 knots and to be
across the whole width of the river.
Designated mixed
bathing and surfing area 200 metres wide and out to sea in front of changing
sheds.
Requests that agreement reached at public meeting of 20 September be adhered
to.
Comment and
Proposals by Staff: There were no final decisions
made at the public meeting. The meeting agreed that the Harbourmaster should
revisit the sites and after extensive consultation a date and time for the
visit was agreed; this was undertaken on Friday 30 September.
Taking into
account all advice received the recommendation to Council is as outlined in the
final draft of the bylaws.
The purpose of
the Harbourmaster revisiting Porangahau was to see for himself how the
discussion at the public meeting related to the river at low water and further
discuss alternatives at Te Paerahi Beach.
Recommendation:
That Council considers the
submission from Maureen
Pothan and any comments and proposals made by
staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: 2.13.1
|
|
Verbal:
No
|
|
Name of Submitter: Hawke’s Bay
Sports Fishing Club/Wayne Bicknell
|
Issues
Requiring Response:
States that MNZ Safe Ship Management requires boats under 6 metres to be
marked with MSA numbers both sides minimum 75 mm high. This would mean that a
vessel in SSM would not comply with 2.13.1 requirement of 90mm.
Comment and
Proposals by Staff: Unable to find reference to 75
mm in Maritime Rules, and recommend that 90mm proposal remain.
Recommendation:
That Council considers the
submission from Hawke’s
Bay Sports Fishing Club/Wayne Bicknell and any comments
and proposals made by staff.
Draft Navigation Safety
Bylaws 2012 Submissions
|
Clause: Schedules
S2.4 & S2.5
|
|
Verbal:
No
|
|
Name of Submitter: Charles
Michael Whelch Nesbitt/Mick - Porangahau
|
Issues
Requiring Response:
Supports S2.4 (a) (b) (c) (e).
Suggests that S2.4 (d) include any vessel not towing a skier.
Suggests that this would ensure no joyriding through and upstream of the
bridge.
Supports S2.5
Comment and
Proposals by Staff: Support suggestion as the
intent of S2.4 (d) is simply to afford a safe turning area for skiers.
Recommendation:
That Council considers the
submission from Charles
Michael Whelch Nesbitt and any comments and
proposals made by staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: Schedules
S2.4
|
|
Verbal:
No
|
|
Name of Submitter: Margaret
Rosiamund Marshall - Wellington
|
Issues
Requiring Response:
Qualified
support for amended proposal. See no reason why
restrictions on boat use should be introduced.
Observes that the interests of boat users and swimmers have been
accommodated satisfactorily until now without the need for restrictions.
Unaware of any of any widespread discontent.
Suggests that if a track was developed this may encourage swimming upstream
of the bridge away from the boat launching area.
Presumes that jet ski towing a water skier will be permitted same use as
boat. If restrictions imposed they should not be more restrictive on boats and
skiers than that proposed in amended bylaw. Restrictions should not apply when
no swimmers in water.
Comment and
Proposals by Staff: Supports submission of Mick
Nesbitt as above.
When swimming
area permanently marked not practical to remove restrictions when no one
swimming. Do not consider that defined swimming area will have any impact on
boat users or skiers should the proposal to reconstruct the launching area be
accepted.
Support
investigation into developing a track for access upstream of bridge.
Recommendation:
That Council considers the
submission from Margaret
Rosiamund Marshall and any comments and
proposals made by staff.
Draft Navigation
Safety Bylaws 2012 Submissions
|
Clause: Schedules
S2.4 & S2.5
|
|
Verbal:
No
|
|
Name of Submitter: Quentin
Hooper Smith- Dannevirke
|
Issues
Requiring Response:
Supports S2.4, however suggests that it be made clear that only vessels
towing skiers or boarders can exceed 5 knots through centre of bridge and
upstream. Boats without skiers must stay downstream.
Comment and
Proposals by Staff: Support suggestion.
Recommendation:
That Council considers the
submission from Quentin
Hooper Smith and any comments and proposals made
by staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: Schedules
S2.4 & S2.5
|
|
Verbal:
No
|
|
Name of Submitter: Hamish B
deLautour - Waipukurau
|
Issues
Requiring Response:
Supports proposal that allows for swimming area and also allows for water
ski lane which specifically allows for transition under bridge.
Comment and
Proposals by Staff: No comment
Recommendation:
That Council considers the
submission from Hamish
B deLautour and any comments and proposals made
by staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: Schedules
S2.4 & S2.5
|
|
Verbal:
No
|
|
Name of Submitter: Mary Wilson
– Palmerston North
|
Issues
Requiring Response:
Supports S2.4 (a) and (c) in part, in that supports skiers passing through
centre bridge span, but does not support skiers having due regard for bathers
at all times.
Opposes S2.4 (b) (d) (e). States that the present access is for boats
only. Would like to see swimmers shifted to the other side of the river and
boats prohibited from travelling on that side. States that it is dangerous for
swimmers and children to play on the north side. Sees no reason for swimmers
to have preference over boaters, especially when there could be an alternative
site for the swimmers.
Supports S2.5
Comment and
Proposals by Staff: Disagree in total with
submission on S 2.4. The purpose of the proposal is to create a safe
environment that takes into account increasing number of people using the river
for recreation. There has been no previous suggestion that the launch area is
exclusive to boats and a reconstructed launch area would adequately cater for
boats.
Not a feasible
proposal to move swimmers to other side of river.
Recommendation:
That Council considers the
submission from Mary
Wilson and any comments and proposals made by
staff.
Draft Navigation
Safety Bylaws 2012
Submissions
|
Clause: Schedules
S2.4 & S2.5
|
|
Verbal:
No
|
|
Name of Submitter: Chris Day -
Wellington
|
Issues
Requiring Response:
States that although river is extensively used by boats and jet skis it is
only practical to use 2 hours each side of high water, and boats and jet skis
rely on being able to launch near the jetty and use the jetty to take on and
offload passengers. Contends that it is very important for boats/jet skis to
be able to use the jetty for starting and ending rides as downstream the
northerly bank is approximately 2 metres high and there is extremely thick mud
at the river edge. It is impractical to get out and in the water via the north
bank, as footwear gets stuck and lost, it’s extremely dirty and unpleasant to
use and not practical for children to safely navigate. For these reasons the
jetty is very important to use for launching and exiting the water for boats
and jet skis. Expresses concern that if the launching ramp is reconstructed
downstream of the jetty there will be a crossover of boats and jet skis being
launched at the same time as people using the jetty. Considers this less safe
and would prefer the jetty remains downstream of the boat launch ramp.
Comments that there would be less area for backing trailers if the launching
ramp is shifted. States that the current arrangements already work well for
power craft users, however concedes that it is also reasonable that swimmers
have a safe area.
Proposes that:
· Existing jetty is moved 20-30 metres downstream and is improved to
make it safer and easier to use.
· Existing launching ramp is also moved 20-30 metres downstream but
remains upstream of the ramp.
· Swimming area extend from 30 metres downstream of the bridge to 50
metres upstream and out to the second bridge pier.
· Powered craft continue to go under the bridge having due regard for
swimmers.
· Any changes made need to be clearly marked in river with buoys and
that there be a visible presence to assist users to understand the changes and
remind them of the rules.
· States that if changes are made HBDC has a responsibility to make
the necessary investment in the jetty, boat ramp, buoys signage and oversight
to ensure bylaws are adequately supported in practice.
Supports S2.5. Observes that the changing sheds are north of the main route
for vehicles entering and leaving the beach. Ensuring compliance with 5k speed
restriction presents an issue of how this will be enforced. Also observes that
this speed restriction may make beach users less traffic aware. States it
would be good if traffic could enter the beach north of the vehicle free zone.
Comment and
Proposals by Staff: This is the only submission
that has stated it is important for boats and skiers to have use of the jetty.
There is a plan to refurbish the jetty as a community project with donated
timber. The reconstructed launching ramp would remain in close proximity to
the existing launch area and would not change the backing area for trailers.
It is not intended that access is undertaken in the high bank area but from the
clean area of the reconstructed launching ramp.
If the jetty and
launching ramp were to be moved this would encroach into the area of the
culvert and high bank and would require considerable investment in cash and
resources.
It is intended
to clearly mark the swimming area with posts or buoys should the proposal be
accepted and subject to an engineers report on the practicality of this.
Council’s investment in marking the swimming area would be in providing and
installing buoys and/or a pile and rope.
A community
project is accepting responsibility for refurbishing the jetty. Council’s
investment in the reconstructed launching ramp would be provision of old power
poles for the ramp base and metal for the ramp surface as the community has the
equipment and the willingness to undertake the re-construction. New signage is
planned throughout Hawke’s Bay to account for the updated bylaws. Monitoring is
yet to be detetrmined, however Honorary Boat Advisors in the Porangahau area
would greatly assist in this. As yet there have been no applications as a
result of the invitation extended at the public meeting.
S2.5 The
proposed 5k speed restriction is dependent upon MoT acceptance. A launching
ramp exists at Makaramu Crescent which is clear of the vessel excluded area.
Harbourmaster to liase with CHBDC with a view to installing signage and keeping
access clear.
Recommendation:
That Council considers the
submission from Chris
Day and any comments and proposals made by
staff.
Draft Navigation
Safety Bylaws 2012 Submissions
|
Clause: 2.1; 2.12;2.13
|
|
Verbal:
No
|
|
Name of Submitter: Alex Smith
- Napier
|
Issues
Requiring Response: States: Council should
not accept that a perceived outcome from a coroner’s inquest is any reason to
create bylaws that should be seen as generic throughout NZ.
States: MNZ is tasked with maritime safety ... HBRC has stated that MNZ do
not do enough in terms of safety rules. Has seen no evidence to indicate that
HBRC has indeed aggressively lobbied central government on this issue e.g. no
representation made to local MP.
States: Organisations such as MNZ and Coastguard have policies that
“educate rather than legislate”. It would appear HBRC has the reverse policy.
Statistics would show most craft that cause concern do not belong to any club
or organisation so therefore are not “educated”.
States: The more rules the greater the need for compliance.
Reduce your
budget don’t increase!!
Comment and
Proposals by Staff: The submitter has misunderstood
the reference made, at the Napier public meeting, to the coroner’s report. The
coroner’s report was published after the bylaws were reviewed and the reference
made was that the report supported a lot of the proposed changes to the bylaws.
I have no
recollection of a statement in relation to MNZ not doing enough in terms of
safety rules. HBRC is tasked with overseeing navigation safety in Hawke’s Bay
waters and the proposed bylaws were sent to MNZ for comment. No submission
was received from MNZ nor from Coastguard..
HBRC works
closely with Coastguard and MNZ in educating the boating public and this will
continue throughout the coming summer season.
Acknowledge that
clubs play a pivotal role in education and in an ideal world every boatie would
belong to a responsible club.
No comment on
budget.
Recommendation:
That Council considers the
submission from Alex
Smith and any comments and proposals made by
staff.
Draft Navigation Safety
Bylaws 2012 Submissions
|
Clause: 3.2; 3.8 &
Schedule S2.7
|
|
Verbal:
No
|
|
Name of Submitter: Hawke’s Bay
Regional Council – Lawrence Kees
|
Issues
Requiring Response:
Clause 3.2: Requests that clause 3.2.1 be amended to allow vessels operated by
and under contract to HBRC to operate above the 5 knot speed restriction on all
Hawke’s Bay rivers.
States: Jet
boats are the best option for the hydrometric survey work that needs to be
undertaken by the hydrology department of HBRC. Variations in the depth of
river channels and hidden or submerged hazards increase the risk of damaging
propeller driven vessels. The ability to navigate shallow and fast moving
sections in a river is a distinct advantage of a jet boat; however this will
more often than not require speeds in excess of 5 knots.
States in
respect of clause 3.8.3: Surveys will be required
at multiple locations within and across catchments and that the event specific
nature of events means that there will be little opportunity to provide public
notice as to when and where hydrometric surveys will occur. Therefore any
bylaw change must allow for an immediate response with minimal public warning
to any such hydrologic event. Requests that HBRC provide warning of activity at
point of boat launching if in a public space, rather than on land at the
extremities of the area.
Schedule 2: S2.7 (a): Seeks amendment to clause to allow vessel undertaking
hydrometric survey to repeatedly cross from side to side, so long as Schedule
S2.7 (b) is not contravened.
S2.7 (c):
Requests that this clause is amended to stipulate that safety is to be jointly
determined by the skipper and crew of the HBRC contracted or owned vessel on a
river. Decision to not go on a river may be determined by either crew or skipper
with any decision not to embark/launch /undertake work overriding any decision
to go on any water body.
Comment and
Proposals by Staff:
Clause 3.2.1: Agree that jet boats are the best platform on which to undertake
surveys. However do not agree that there is a necessity to uplift speed
restrictions as the sole reasoning behind using a jet boat is to avoid damage
to propeller driven vessels. Jet boats are used in many areas throughout NZ
to undertake surveys, for example by DOC, and when doing so are operated at
less than planning speeds and within the rules.
Clause 3.8.1: I consider that clause 3.8.1 should be amended to include signage
as a means of advising of a reserved area and in doing so satisfy the public
notification requirement; there is no period for public notification specified
in this clause.
Clause 3.8.1
to read:
The Council,
on application or of its own mind... Such notification may for the purpose of
hydrometric surveys conducted by HBRC consist of signs erected at all access
points on the length of river to be surveyed.
Clause 3.8.3: The hydrology department should design signage that advises of
surveys being undertaken in the length of the river without specifying a
period of duration. Simply removing such signage will be sufficient to
indicate the survey has been completed. I consider that signs warning of
activity should be displayed at all possible points of boat launching within
the area where a survey is to be undertaken.
Schedule 2-
S2.7 (a): The
fact that a boat is crossing the river from side to side should be included on
the signage as suggested above.
S2.7 (c): This
is not a matter for inclusion in the bylaws but should be covered in a COP and
included in training for a Boat Operator’s Permit.
Recommendation:
That Council considers the
submission from Hawke’s
Bay Regional Council – Lawrence Kees and any comments
and proposals made by staff.
Draft Navigation
Safety Bylaws 2012 Submissions
|
Clause: Definitions; 2.1.2;
2.3.2 (c); 2.6.4; 2.7.3; 2.7.4; 2.7.5; 2.12.2; 2.13; 2.13.1; 2.13.2; 3.2.8;
4.6.2; 4.6.3; 4.6.4; Schedule 1-Map1.5; Schedule S1.6; Schedule 1-Map1.7;
Schedule S2.4
|
|
|
Verbal:
No
|
|
|
Name of Submitter: Submissions received at Napier
public meeting.
|
|
|
Clause
|
Version 1 Bylaw wording
|
Submissions & Comments
|
|
|
Definitions
|
Not defined
|
Paddle craft- Any ship, vessel or craft that is wholly
propelled using paddles or oars. This includes but is not limited to kayaks,
canoes, dinghies, waka ama, and surf skis.
|
|
|
2.1.2
|
craft
|
No change proposed
|
|
|
2.3.2 (c)
|
notify the
Harbourmaster and PONL Security prior to the engines being tested.
|
notify the Harbourmaster and Port of Napier Limited
Breakwater Harbour Security prior to the engines being tested.
|
|
|
2.6.4
|
The owner or master of an unattended
vessel berthed at West Quay or the Iron Pot, at berths accessible to the
public, must ensure the vessel’s moorings are secured utilising a wire strop
and padlock acceptable to the Harbourmaster or Enforcement Officer, to
prevent the release of mooring lines by unauthorised persons.
|
The owner or master of an
unattended vessel berthed at West Quay or the Iron Pot, which are accessible
to the public, must ensure the vessel’s moorings are secured utilising a wire
strop, or wire strop equivalent but not a chain, and padlock, code MS153,
acceptable to the Harbourmaster or Enforcement Officer, to prevent the
release of mooring lines by unauthorised persons.
|
|
|
2.7.3
|
No person shall anchor any vessel in the areas shown on maps 1.1,
1.2, 1.3, 1.5, 1.6, 1.8, 1.9 and 2.3 listed in Schedules 1 and 2 (Location
Specific Information) without the prior permission of the Harbourmaster.
|
No person shall anchor any vessel in the shaded
areas shown on maps 1.1, 1.2, 1.3, 1.5, 1.6, 1.8, 1.9 and 2.3 listed in
Schedules 1 and 2 (Location Specific Information) without the prior
permission of the Harbourmaster.
|
|
|
2.7.4
|
No person shall anchor any vessel, so as to impede the safe
passage of any other vessel, having particular regard for the Approach
Channels as defined on map 1.7 and Chart NZ 5612.
|
No person shall anchor any vessel, so as to
impede the safe passage of any other vessel which cannot deviate from its
course because of constraints of draft and/or manoeuvrability.
|
|
|
|
|
|
|
2.7.5
|
No clause
|
Clause 2.7.3 shall not apply to dinghy sailing support
vessels when temporarily anchored between Pandora Bridge and Napier City
Council Meeanee finger wharf No. 1.
|
|
|
2.12.2
|
No clause
|
Clause 2.12.1 shall not apply to a tender used solely for
accessing a moored vessel, where access does not cross a main channel as
shown on Map 1.5.
|
|
|
|
|
|
|
2.13
|
2.14.1 and
2.14.2
|
2.13.1 and 2.13.2
|
|
|
2.13.1
|
2.14.1 The master and owner of a vessel shall ensure the vessel is
marked with its name or similar identifying marks. This shall be displayed,
on each side of the vessel. The number or name shall be a minimum height of
90 millimetres and each character shall be legible.
|
Change reference to 2.14.1 to become 2.13.1.
|
|
|
2.13.2
|
Clause 2.14.1 shall not apply to non-mechanically powered vessels
of less than 6 metres in length. Such vessels should be marked with a name,
or the owners name or contact details somewhere on the vessel.
|
Clause 2.13.1 shall not apply to
non-mechanically powered vessels of less than 6 metres in length. Such
vessels should be marked with a number or name, or the owners name or contact
details somewhere on the vessel’s hull..
|
|
|
3.2.8
|
Clauses 3.2.1 and 3.2.2 shall not apply to a rescue craft
operated by members of Surf Lifesaving New Zealand, while undertaking rescue
operations or while it is being operated under supervision in accordance with
an inflatable rescue boat training programme approved by the Director of
Maritime New Zealand.
|
Clauses 3.2.1 and 3.2.2 shall not apply to a
rescue craft operated by members of Surf Lifesaving New Zealand or Hawke’s
Bay Coastguard, while undertaking rescue operations or while it is being
operated under supervision in accordance with an inflatable rescue boat
training programme approved by the Director of Maritime New Zealand or a
Coastguard training programme.
|
|
|
4.6.2
|
Any person who discharges, drops, causes or allows to be
discharged, any cargo or any other material into Hawke’s Bay Regional Council
navigable waters shall be liable for the cost of removal.
|
Any person who discharges, drops, causes or
allows to be discharged, any cargo or any other material into Hawke’s Bay
Regional Council navigable waters that would or may constitute a danger to
navigation safety shall be liable for the cost of removal.
|
|
|
4.6.3; 4.6.4
|
PONL
Breakwater Harbour
|
Port of Napier Limited Breakwater Harbour and
Port of Napier Limited Breakwater Harbour Security
|
|
|
Schedule1-Map
1.5
|
No wording
|
Make Map 1.5 a full page to better show channels.
|
|
|
Schedule S1.6
|
SANDY BAY-HARDINGE ROAD
The area designated in Sandy Bay as shown on map 1.6 is reserved
for swimming only. Motorised vessels are not permitted to enter the area
between the buoys and the shore at any time, unless authorised by the
Harbourmaster or an Enforcement officer.
|
BATTERY ROAD BEACH
The area designated inside the buoys at Battery
Road Beach, as shown on map 1.6, is reserved for swimming only. Motorised
vessels are not permitted to enter the area between the buoys and the shore
at any time, unless authorised by the Harbourmaster or an Enforcement
officer.
Change label of map 1.6 to “BATTERY ROAD BEACH”.
|
|
|
Schedule 1
Map 1.7
|
No wording
|
Make Map 1.7 a full page to better
show channels.
|
|
|
Schedule S2.4
(d)
|
The area from 400
meters upstream to 100 metres downstream of the Beach Rd...
|
The area from 400 metres upstream to 100 metres downstream of the Beach
Rd.
|
|
|
|
|
|
|
Recommendation:
That Council considers the
submission from the
Napier public meeting and any comments and
proposals made by staff.
|
Final Draft 2012 Navigation Safety
Bylaws
|
Attachment 5
|
1 Preliminary
Provisions
1.1 Title and commencement
1.1.1 These bylaws are the Hawke’s Bay Regional
Council Navigation Safety Bylaws 2012.
1.1.2 These bylaws come into force on date.
1.2 Areas within which these Bylaws apply
These Bylaws apply to all waters within the
Hawke’s Bay Regional Council boundary as shown in Figure 1 except:
▪ Lake
Waikaremoana
▪ Lake Waikareiti
1.3 Definition of terms
In these bylaws, unless the context otherwise
requires:
|
Access Lane
|
means an area
designated as an access lane in Schedule 1 of these bylaws
|
|
Accident
|
means an occurrence that involves a vessel and in which:
(a) a person is seriously harmed as a result of:
(i) being on
the vessel; or
(ii) direct
contact with any part of the vessel, including any part that has become
detached from the vessel; or
(iii) direct
exposure to the wash of the vessel or interaction (other than direct contact)
between two vessels; or
(iv) being
involved in the salvage of any vessel except where the injuries are self
inflicted or inflicted by other persons, or when injuries are to stowaways
hiding outside areas normally available to passengers and crew; or
(b) the vessel sustains damage or structural failure
that:
(i) adversely
affects the structural strength, performance, or seaworthiness of the vessel;
or
(ii) would
normally require major repair or replacement of the affected component; or
(iii) poses a
threat to the safety of people on board the vessel; or
(c) there is a complete or partial failure of machinery
or equipment that affects the seaworthiness of the vessel; or
(d) there is a loss of, or damage to, or movement of, or
change in the state of, the cargo of the vessel which poses a risk to the
vessel or other vessels; or
(e) there is a significant loss of, or significant
damage to, property (not being the cargo carried by the vessel) or the
property of any person (whether or not on board the vessel), whether or not
the loss or damage arises from an interaction between two vessels; or
(f) there is a loss or escape of any substance or
thing that:
(i) may result
or has resulted, in serious harm to any person; or
(ii) may pose a
risk, or has resulted in damage to the vessel or other vessels; or
(iii) may pose a
risk, or has resulted in any damage to any property (whether or not on board
the vessel); or
(g) a person is lost at sea (whether or not subsequently
found) or is missing; or
(h) the vessel is
foundering, capsizing, being abandoned, stranding, missing, or has foundered,
capsized, been abandoned, stranded, been in a collision, or has a major fire
on board.
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Act
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means
the Local Government Act 1974
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Aid to Navigation
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includes:
(a) any lightship and any floating or other light exhibited for the
guidance of ships;
(b) any description of fog signal not carried on a vessel;
(c) all marks and signs in aid of marine navigation;
(d) any electronic, radio or
other aid of marine navigation not carried on board any ship
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Aircraft
|
has the same meaning
as in the Civil Aviation Act 1990
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Anchorage
|
in relation to
vessels, means a place (enclosed or otherwise) normally used for the
anchoring of vessels to the bed of the waterway, whether the place is
reserved for such purposes by the Council or not
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Anchoring
|
means the temporary
securing of a vessel to the bed of the waterway by means of an anchor, cable
or other device, that is normally removed with the vessel when it leaves the
site or anchorage
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Beacon
|
means a light or
mark set up in a prominent position as a navigation mark or a warning to
vessels
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Buoy
|
means a float
secured to the seabed serving as a navigation or location mark, or to
indicate reefs, other hazards or a mooring
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Buoyancy Aid
|
Means:
(a) a
buoyancy aid as defined in NZ standard 5823:1989 or NZ standard 5823:2001 or
any subsequent NZ standard, or
(b) a
buoyancy aid that the Director is satisfied substantially complies with the
standard prescribed in subclause (a) above and that provides a minimum of 53
newtons buoyancy.
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Class
3 packing group I oil products
|
means oil having an
initial boiling point less than or equal to 35 degrees centigrade
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Class
3 packing group II oil products
|
means oil having a
flashpoint of less than 23 degrees centigrade and an initial boiling point
greater than 35 degrees centigrade
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Class
3 packing group III oil products
|
means oil having a
flashpoint equal to or greater than 23 degrees centigrade up to and including
61 degrees centigrade and an initial boiling point greater than 35 degrees
centigrade
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Coastal Marine Area
|
means the foreshore,
seabed, and coastal water, and the airspace above the water:
(a) of
which the seaward boundary is the outer limits of the territorial sea
(b) of
which the landward boundary is the line of mean high water
springs, except that where that line crosses a river, the landward boundary
at that point shall be whichever is the lesser of;
(i) one kilometre upstream from the mouth of the
river; or
(ii) the point upstream that
is calculated by multiplying the width of river mouth by
width of the river mouth by 5.
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Commercial Vessel
|
means a vessel that
is not:
(a) A pleasure craft; or
(b) Solely
powered manually; or
(c) Solely
powered by sail
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Council
|
means the Hawke’s
Bay Regional Council as constituted under the Act
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Craft
|
has the same meaning
as ship or vessel
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Crew
|
means the persons
employed or engaged in any capacity on board a vessel, but does not include
the master, a pilot, or a person temporarily employed on the vessel while in
port
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Director
|
means the person who
is for the time being the Director of Maritime New Zealand under Section 439
of the Maritime Transport Act 1994
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Emergency
Response Craft
|
any vessel approved
by the Harbourmaster for use
in emergency response and includes Police, Customs, Harbourmaster, Naval and
port company vessels
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Enforcement
Officer
|
means a person
appointed as an enforcement officer under section 650B of the Act
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Explosive
|
means any substance or mixture or combination of substances
which in its normal state is capable either of decomposition at such rapid
rate as to result in an explosion or of producing a pyrotechnic effect.
Substances included within this definition can be more fully found in the
Hazardous Substance and New Organism Act 1996
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Flag A
|
means Flag A of the
International Code of Signals (the divers flag), a burgee (swallow-tailed)
flag coloured in white and blue, with white to the mast, of not less than 600
mm by 600 mm
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Flag B
|
means flag B of the
international code of signals, a burgee (swallow tailed) flag coloured in red, or a rigid replica, of
not less than 600 mm by 600 mm
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Foreshore
|
means any land covered and uncovered by the flow and ebb of the
tide at mean springs and, in relation to any such land that forms part of the
bed of a river, but does not include any area that is not part of the coastal
marine area
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Gross Tonnage
|
means the volume of
all the vessels enclosed spaces (from keel to funnel) measured to the outside
of the hull framing
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Harbourmaster
|
is the person(s)
appointed by the Hawke’s Bay Regional Council as Harbourmaster to exercise
authority under these Bylaws and all relevant associated legislation; and
includes any deputy of a Harbourmaster
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Honorary
Enforcement Officer
|
means a person appointed as an Honorary Enforcement
Officer under section 650B of the Act
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Incident
|
means any occurrence, other than an accident that is
associated with the operation of a vessel and affects or could affect the
safety of the operation
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Impede the
Passage
|
means to cause a
vessel, whether by action or inaction on the part of another vessel, to alter
course, alter speed or stop, or to prepare to do so when she would have
otherwise not done so
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Kiteboarding
|
(also known as kite
surfing) means using a controllable kite to pull the rider through the water
on a small surfboard, a wakeboard, or a kiteboard
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Length
|
in relation to a
vessel, means overall length
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Maritime Rules
|
means Maritime Rules
made under section 36 of the Maritime Transport Act 1994
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Master
|
means any person
having command or charge of a vessel, but does not include a pilot who is
piloting the vessel
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Moor
|
means:
(a) the
securing of any vessel alongside a wharf or jetty and
(b) the
securing of any vessel to a mooring or anchor
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Mooring
|
means:
(a) any
weight or article placed in or on the foreshore or the bed of a waterway for
the purpose of permanently securing a vessel, raft, aircraft, or floating
structure; and
(b) includes
any wire, rope, chain, buoy, or other device attached or connected to the
weight;
(c) but
does not include an anchor that is normally removed with the vessel, raft,
aircraft, or floating structure when it leaves the site or anchorage
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Mooring Area
|
means the area from
time to time designated by the Council as a mooring management area under the
Resource Management Act 1991, where vessel moorings may be placed; but does
not include an anchorage
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Nautical Chart
|
a map of a sea area
showing on it any coastlines, rocks and dangers to vessels etc. within the
area covered and also showing the positions of aids to navigation and other
prominent features
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Navigable Waters
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means any waters
whether coastal or inland which are able to be navigated; and includes
harbours
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Navigate
|
means the act or
process of managing or directing the course of a vessel on, through, over, or
under the water
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Obstruction
|
means an object,
equipment, structure, vessel or person positioned, whether in the water or
not, so as to restrict or prevent navigation of a vessel or cause a hazard to
people on a vessel
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Oil
|
means petroleum in any form including crude oil,
fuel oil, sludge, oil refuse; and includes spirit produced from oil and oil
mixed with water and refined products (within the meaning of section 222 of
the Maritime Transport Act 1994)
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Owner
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Includes:
(a) in
relation to a vessel, the agent of the owner and also a charterer; and
(b) in
relation to any dock, wharf, quay, or slipway, includes a leasee or consent
holder of the dock, wharf, quay, or slipway: or
(c) In
relation to a fishing vessel; other than one to which paragraph (a) or (b) of
this definition applies, means the person registered as owner under section
57 of the Fisheries act 1983; or
(d) In
relation to a vessel to which paragraph (a) or paragraph (b) or paragraph (c)
of this definition applies, where, by virtue of any charter or demise or for
any other reason, the registered owner is not responsible for the management
of the vessel, includes the charterer or other person who is for the time
being so responsible: or
(e) in
relation to an unregistered vessel or a registered vessel that does not have
a registered owner, means the person who is for the time being responsible
for the management of the vessel
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Paddle craft
Personal Flotation Device
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Any ship, vessel or craft that is wholly propelled using
paddles or oars or a combination of paddles and oars. This includes but is
not limited to kayaks, canoes, dinghies, waka ama and surf skis.
means any buoyancy aid that is designed to be worn on the body
that meets:
(a) a standard in New Zealand, standard
5823:2001 applicable to such buoyancy aids
(b) a national or international
standard that the Director of Maritime Safety is satisfied substantially
complies with a standard in New Zealand standard 5823:2001 applicable to such
buoyancy aids
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Pleasure Craft
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means a vessel that is used exclusively for the owner’s
pleasure or as the owner’s residence, and is not offered or used for hire or
reward; but does not include:
(a) a vessel that is provided for transport or sport or recreation
by or on behalf of any institution, hotel, motel, place of entertainment or
other establishment or business
(b) a vessel that is used on any
voyage of pleasure if it is normally used or intended to be normally used as
a fishing vessel or for the carriage of passengers or cargo for hire or
reward
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(c) a vessel that is operated or provided by any club,
incorporated society, trust or business
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Personal Water
Craft
|
means a power driven vessel that:
(a) has a fully enclosed hull; and
(b) does not take on water if capsized
(c) is designed to be operated by
a person standing, sitting astride, or kneeling on it but not seated in it
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Pilot
|
in relation to any ship means any person not being the
master or a member of the crew of the ship who has the conduct of the ship
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Power driven vessel
|
means any vessel
propelled by machinery
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Proper Speed
|
means speed through
the water
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Public Notice
|
means a notice in a newspaper circulating generally in the
district or region to which the subject matter of the notice relates
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Recreational
Craft
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means a vessel that
is:
(a) a
pleasure craft; or
(b) solely
powered manually; or
(c) solely powered by sail
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Region
|
means the Hawke’s
Bay Region as constituted under the Local Government Act 1974
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Reserved Area
|
means any area
defined as such under Schedules 1 and 2
(Location Specific Information) of these Bylaws
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Reward
|
means the payment to
or for the benefit of the owner or master of a vessel, of a contribution
towards the expenses of a voyage by or on behalf of persons; but does not
include payment of any contributions by part owners of the vessel or by
persons engaged as bona fide crew members
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Sailboard
|
means any type of
board that is propelled by a detachable sail apparatus and operated by a
person standing on the board
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Seaplane
|
means a flying boat
or any other aircraft designed to manoeuvre on the water, and under Maritime
Rule 22 is deemed to be a vessel when operating on the water
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Seaworthy
|
in relation to any
vessel means being in a fit condition or readiness to safely undertake a sea
voyage
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Ship
|
means every
description of boat or craft used in navigation, whether or not it has any
means of propulsion; and includes:
(a) A
barge, lighter, or other like vessel
(b) A
hovercraft or other thing deriving full or partial support in the atmosphere
from the reaction of air against the surface of the water over which it
operates
(c) A
submarine or other submersible
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Shore
|
when referring to
distance from shore, means distance from the waters edge
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Structure
|
means:
(a) any
building, equipment, device, or other facility made by people and which is
fixed to land or seabed; and
(b) includes
slipways, jetties, pile moorings, swing moorings, rafts, wharves, marine
farms, and other objects whether or not these are above or below the
waterline of the foreshore; but
(c) does
not include aids to navigation
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Sunrise
|
means the time of
sunrise as stated in the New Zealand Nautical Almanac NZ204
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Sunset
|
means the time of
sunset as stated in the New Zealand Nautical Almanac NZ204
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Support Vessel
|
means any vessel
used for coaching, marshalling and rescue attendance for training, regattas
and competitions
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Surfboard
|
means any type of board that is designed to be used
for surf riding
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Tanker
|
means any vessel
which:
(a) is
specially constructed, or has a compartment or compartments specially
constructed, for the carriage in bulk of oil products of any class; and
(b) either:
(i) has on board or is about to take on board a
cargo the whole or any part of which consists of Class 3.1, 3.2 or 3.3 oil
products in bulk; or
(ii) has discharged any cargo consisting of any such oil
products in bulk, but the holds, tanks, and compartment of which have not
been rendered or certified gas-free and includes any tanker designed for
carriage of bulk liquid harmful substances
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Underway
|
means that a vessel
is not at anchor, or made fast to the shore, or aground
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Vessel
|
has the same meaning
as ship
|
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|
Waterskiing
|
means being towed
barefoot or on an object of any kind other than a vessel
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Windsurfer
|
has the same meaning
as sailboard
|
|
|
|
|
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2 General Matters
2.1 Personal flotation devices
2.1.1 No person in charge of a
recreational craft shall use it unless there are onboard at the time of use,
and in a readily accessible location, sufficient personal flotation devices of
an appropriate size for each person on board.
2.1.2 Personal flotation
devices must be worn at all times on all craft of 6 metres or less and all
paddlecraft when the craft is underway or preparing to become underway.
2.1.3. Clause 2.1.1, 2.1.2 and 2.1.6 shall not apply to:
(a) any
surfboard or similar unpowered craft; and
(b) any
sailboarder, kiteboarder or windsurfer, if a wetsuit is worn at all times; and
(c) a
diver on a boat of 6 metres or less in length overall that is used for
recreational diving within 5 miles of shore, if a full body dive suit is worn
at all times; and
(d) a person training for or participating in a sporting event, if the
training or the event is supervised in accordance with the safety system of a sporting
organisation approved by the
Harbourmaster under these bylaws, or the Director under Maritime Rule 91.4(3);
and
(e) a
member of a visiting foreign watersports team, if the person carries or wears a
personal flotation device that is approved by the competent authority for use
in that person's country of residence.
2.1.4 (a) The
Harbourmaster may approve a sporting organisation for the purposes of clause
2.1.3.(d) if that organisation has in place a safety system that the Harbour
Master is satisfied provides an equivalent level of safety to the carriage or
wearing of personal flotation devices.
(b) The Director, under Maritime Rule 91.4(3), may
approve a national sporting organisation for the purposes of clause 2.1.3.(d)
if that organisation has in place a safety system that the Director is
satisfied provides an equivalent level of safety to the carriage or wearing of
personal floatation devices.
2.1.5 Subject to
clause 2.1.6 clauses 2.1.1 and 2.1.2 shall not apply in respect of any sporting
event, training activity or ceremonial event if a support vessel that is
capable of providing adequate assistance in the event of an emergency remains
in the immediate vicinity of the recreational craft and the recreational craft
or support vessel or both carry personal flotation devices or buoyancy aids of
an appropriate size for each person on board the recreational craft.
2.1.6 Clauses 2.1.1, 2.1.2 and 2.1.7 shall not apply in respect of any sporting event, training
activity, ceremonial event, or other organised recreational activity if the
Harbourmaster with jurisdiction for the applicable region has granted an
exemption in writing. A Harbourmaster may grant an exemption for a specified
period if it is satisfied that adequate safety precautions are made for
rescuing any person participating in the event or activity.
2.1.7 Despite clause
2.1.5 no person in charge of a recreational craft may use that craft in
circumstances where tides, river flows, visibility, rough seas, adverse
weather, emergencies or other situations cause danger or a risk to the safety
of persons on board, unless every person on board is wearing a properly secured
personal flotation device of an appropriate size for that person.
2.1.8 No person in
charge of a vessel shall use it to tow any person and no person shall cause
himself or herself to be towed by any vessel, unless the person being towed
wears a properly secured personal flotation device of an appropriate size for
that person.
2.1.9 Clause 2.1.8
shall not apply to a person:
(a) training
for any trick water skiing element of a sporting event administered by a
national sporting organisation approved under clause 2.1.4 or Maritime Rule
91.4(3); or
(b) participating
in a sporting event that is administered by a national sporting organisation approved under clause 2.1.4 or
Maritime Rule 91.4(3).
2.2 Swimming or diving around wharves
2.2.1 No person shall jump, dive, swim or
undertake other related activities, from;
(a) any commercial
jetty, wharf, or quay which is in regular use for the berthing and unberthing of vessels, or
(b) within 50
metres of the structures listed in 2.2.1 (a), or
(c) within any
designated anchorage or mooring area, or
(d) within any
navigational channel or
(e) any other such
areas in the navigable waters of the region as the Harbourmaster may from time
to time determine, unless the person does so in accordance with the prior
written consent of the Harbourmaster.
2.2.2 The Harbourmaster may consent
subject to such conditions as the Harbourmaster considers appropriate in the
interests of navigation safety.
2.3 Use of vessel engine around wharves,
ramps
2.3.1 No person shall operate the
propulsion system of a vessel while it is lying at any wharf, or while it is
loading or unloading at any ramp, in such a way that it may damage any
property, scour the bed of the waterway, or injure any person. However, this
bylaw does not preclude the use of the propulsion system for the safe berthing
or unberthing of any vessel at a wharf.
2.3.2 In addition to the requirements of
clause 2.3.1, a master of a commercial vessel in the
Port of Napier Breakwater Harbour shall ensure that a crew member shall:
(a) be stationed both forward and
aft on any vessel while that vessel is lying at any wharf and about to test or
testing a propulsion system; and
(b) warn all persons or vessels in
the immediate vicinity of that vessel that the engines are being tested.
(c) notify the Harbourmaster and Port of Napier Limited Breakwater Harbour Security
prior to the engines being tested.
2.4 Vessels which are not Seaworthy
2.4.1 The master
and/or owner of every vessel anchored or moored in any waters in the region
must keep the vessel in a seaworthy condition at all times, unless the
Harbourmaster has given prior written approval for it to be anchored or moored
in a condition which is not seaworthy and subject to such conditions that the
Harbourmaster may determine appropriate to ensure navigation safety.
2.4.2 If any vessel is
a navigation hazard by reason of it not being seaworthy:
(a) the
Harbourmaster may give a direction to the master and/owner of that ship to move
the vessel to an alternative location or remove it from the waters of the
region within a reasonable time specified in the direction. Such direction may
be given by any means of communication and subsequently supported by a written
direction; and
(b) where
the master and/or owner of a vessel fails to move that vessel in accordance
with such direction given by the Harbourmaster, the Harbourmaster may move that
vessel to a position where it is no longer a hazard or remove it from the
water. Costs incurred will be recovered from the owner of the vessel as a debt
due to Council.
The owner and master are
jointly and severally responsible for ensuring the direction is complied with.
2.4.3 No person shall
operate any vessel that is not seaworthy except to comply with the directions
under this Bylaw of the Harbourmaster to move that vessel to an alternative
location. However, in the event of an emergency or an accident at sea, the
person in charge of the vessel shall proceed to a safe area immediately.
2.5 Seaplanes
2.5.1 No person
navigating a vessel shall impede a seaplane in the process of landing or taking
off.
2.5.2 No person shall
take off, land or attempt to take off or land any seaplane or other aircraft,
except in an emergency, in any area, other than areas reserved for that
purpose, without the prior written permission of the Harbourmaster. Written
application must be received by the Harbourmaster not less than 48 hours before
the proposed landing or taking off.
2.6 Vessels to be adequately moored or
secured
2.6.1 No person shall anchor or moor a vessel in any navigable water in a
manner that it may break free, drag anchor or cause a navigational safety
hazard.
2.6.2 No person shall cut, break,
unlawfully release or destroy:
(a) the mooring or anchor of any
vessel; or
(b) the fastening securing any vessel
lying in a dock or at or near a wharf or landing place.
2.6.3 The owner or master of a vessel
berthed at a wharf, or at anchor, must ensure that it is securely fastened at
all times and, if required by the Harbourmaster, maintain a person on board to
keep a watch.
2.6.4 The
owner or master of an unattended vessel berthed at West Quay or the Iron Pot,
which is accessible to the public, must ensure the vessel’s moorings are secured
utilising a wire strop, or wire strop equivalent but not a chain, and padlock,
code MS153, acceptable to the Harbourmaster or Enforcement Officer, to prevent
the release of mooring lines by unauthorised persons.
2.7 Prohibited and restricted anchorages
2.7.1 Except in emergencies no person may
anchor or moor any vessel within any prohibited anchorage.
2.7.2 No person shall anchor a vessel so
as to:
(a) obstruct the
passage of other vessels or obstruct the approach to any commercial wharf, pier
or jetty; or
(b) create a hazard
to other vessels at anchor; or
(c) create a safety
hazard for other recreational craft, swimmers or water users.
2.7.3. No person shall anchor any
vessel in the shaded areas shown on maps 1.1, 1.2, 1.3, 1.5, 1.6, 1.7, 1.8 and
2.3 listed in Schedules 1 and 2 (Location Specific Information) without
the prior permission of the Harbourmaster.
2.7.4 No person shall
anchor any vessel, so as to impede the safe passage of any other vessel which
cannot deviate from its course because of constraints of draft and/or
maneuverability.
2.7.5 Clause 2.7.3 shall
not apply to dinghy sailing support vessels when temporarily anchored between
Pandora Bridge and Napier City Council Meeanee finger wharf No. 1.
2.8 Obstructions
2.8.1 No person shall obstruct the
navigation of any waterway or the access to any wharf, landing place, boat
ramp, slipway, navigation channel or mooring without the prior written
permission of the Harbourmaster.
2.8.2 No person shall place any
obstruction, including any vessel, fishing apparatus, in any waterway, that is
liable to:
(a) restrict
navigation; or
(b) cause or have
potential to cause, injury or death to any person; or
(c) cause damage to
any vessel or any property.
2.8.3 No person shall leave equipment,
stabilizers, booms, cranes, davits or other equipment extending over the side
of a vessel so as to cause a hazard to any other vessel.
2.9 Notification of collisions or
accidents
2.9.1 The master of
any vessel that:
(a) has been
involved in a collision with any vessel or property, or has been sunk or
grounded or become stranded in any waterway; or
(b) by reason of
accident, fire, defect or otherwise is in such a condition as to affect its
safe navigation or to give rise to danger to other vessels or property; or
(c) in
any manner gives rise to an obstruction; or
(d) causes
any damage to any navigation aid or structure or to anything on the structure;
must, as well as complying with any accident reporting
requirements of the Maritime Transport Act 1994, as soon as practicable report
the occurrence to the Harbourmaster and within 48 hours, provide the
Harbourmaster with full written details of the occurrence.
2.9.2 A
report under clause 2.9.1 must include:
(a) a full description of any injury to persons and their names
and their addresses; and
(b) a full description of any damage to vessels or structures; and
(c) the name(s) and address(es) of person(s) in charge of the
vessel.
(d) Time and date of the occurrence; and
(e) An outline of the events relating to
the occurrence
2.9.3 If
an incident described in clause 2.9.1 involves damage to a vessel that affects
or is likely to affect its seaworthiness, the master may not move the vessel
except:
(a) to
clear the main navigational channel or to moor or anchor in safety; or
(b) in
accordance with the directions of the Harbourmaster.
2.10 Aids to navigation
2.10.1 No person shall secure their vessel
to any aid to navigation without the prior permission of the Harbourmaster.
2.10.2 No person shall damage, remove,
deface or otherwise interfere with any aid to navigation erected by, or duly
authorised by, the Harbourmaster as an aid to navigation, or warning.
2.10.3 No person shall tie a vessel to any
aid to navigation without the written permission of;
(a) the
Harbourmaster if the aid to navigation is operated by a local authority or port
company; or
(b) the Director if
the aid to navigation is operated by Maritime New Zealand.
2.10.4 No person shall erect, maintain or
display any aid to navigation or other device which may be used or mistaken as
a recognised aid to navigation without the written permission of the
Harbourmaster and Director of Maritime New Zealand.
2.11 Sound and light signals
2.11.1 No person shall fit or use any
flashing lights, sirens or other sound or light signals not prescribed in a
maritime rule for that vessel, without the written permission of the
Harbourmaster.
2.11.2 The use of blue flashing lights
and/or sirens is restricted to Police, Customs, Harbourmaster or other
enforcement vessels authorised by the Harbourmaster
2.11.3 The use of purple flashing lights is
for the use of an emergency response craft, authorised by the Harbourmaster, to
identify itself to a vessel or aircraft involved in a response.
2.11.4 A vessel authorised to use purple
flashing lights by the Harbourmaster shall only display them when:
(a) the use is required to assist
the location of a vessel or person in need of assistance; or
(b) the use is
required to assist the identification of the vessel to an aircraft involved in
an incident.
The lights may not be used when travelling
to, from or during an incident, and imply no status or privilege to that
vessel. Any vessel so authorised by this clause must observe clause 3.2 at all
times.
2.11.5 No person may blow or sound, or
cause to be blown or sounded, the whistle, siren or horn of a vessel, within
any harbour area, except as a navigation safety signal. However, nothing in
these bylaws precludes the testing of such a whistle, siren or horn before the
vessel leaves any wharf or for maintenance purposes.
2.12 VISIBILITY OF KAYAKS AND PADDLE CRAFT
2.12.1. Every person operating a kayak or paddle craft
of less than seven metres shall use
one of the following methods to enhance
its visibility to other vessels.
By day
· Utilising brightly coloured paddles.
· paddling a brightly coloured kayak or paddle craft;
· wearing a brightly coloured PFD or paddle jacket;
· exhibiting a brightly coloured flag on a small mast.
At night
· showing an all-round white light or flashing white light that
is visible in all directions for a
minimum of 100 metres.
2.12.2 Clause 2.12.1 shall not apply to a tender used solely
for accessing a moored vessel
where access does not cross a main channel as
shown on Map 1.5.
2.13 IDENTIFICATION OF VESSELS
2.13.1 The master and owner of a vessel shall
ensure the vessel is marked with its name or similar
identifying marks. This shall be
displayed, on each side of the vessel. The number or name
shall be a minimum height of 90
millimetres and each character shall be legible.
2.13.2 Clause 2.14.1 shall not apply to
non-mechanically powered vessels of less than 6 metres in
length. Such vessels should be marked
with a number or name, or the owners name or
contact details somewhere on the
vessel’s hull.
Operating Requirements
3.1 Minimum age for operating powered
vessels
3.1.1 No person under the age of years
shall be in charge of, or propel or navigate, a power driven vessel that is
capable of a proper speed exceeding 10 knots unless he or she is under the
direct supervision of a person over the age of 15 years who is within immediate
reach of the controls, and is not the lookout person as provided for in clause
3.3.
3.1.2 The owner of a power driven vessel
that is capable of a proper speed exceeding 10 knots must not allow any person
who is under the age of 15 years to be in charge of or propel or navigate that
vessel, unless he or she is under the direct supervision of a person over the
age of 15 years who is within immediate reach of the controls.
3.1.3 Clause 3.1.1 and 3.1.2 does not
apply in respect of any person who has a written exemption from the
Harbourmaster issued in accordance with a navigation bylaw, or by the Director
under Maritime Rule 91.(4).
3.1.4 The Harbourmaster may issue an
exemption in accordance with these bylaws that is valid for any specified place
or places to a person under the age of 15 years for transport, training,
competitions or other sporting events, if the Harbourmaster:
(a) considers that the person
(i) is competent
to propel or navigate a power driven vessel at a proper speed exceeding 10
knots; and
(ii) is aware of
relevant navigation safety rules and navigation bylaws; and
(iii) will be under adequate
supervision during the proposed activity or activities.
3.2 Speed of vessels
3.2.1 No person shall,
without reasonable excuse, propel or navigate a vessel (including a vessel
towing a person or an object) at a proper speed exceeding 5 knots:
(a) within
50 metres of any other vessel, raft, or person in the water; or
(b) within
either 200 metres of the shore or of any structure, or on the inshore side of
any row of buoys demarcating that distance from the shore or structure; or
(c) within
200 metres of any vessel, structure or raft that is flying Flag A of the
International Code of Signals (diver’s flag).
3.2.2 No person shall
propel or navigate a powered vessel at a proper speed exceeding 5 knots while
any person has any portion of his or her body extending over the fore part,
bow, or side of that vessel.
3.2.3 No person shall
cause himself or herself to be towed by a vessel (whether or not on a water
ski, aquaplane, or other similar object) at a proper speed exceeding 5 knots in
any circumstances specified in Clause 3.2.1 of these bylaws.
3.2.4 No person in
charge of a vessel shall permit the vessel to continue onwards, after any
person being towed by that vessel has dropped (whether accidentally or
otherwise) any water ski or similar object which may cause danger to any other
person or vessel, without first taking appropriate action to immediately
recover that water ski or similar object, unless the person has taken adequate
measures to ensure that the dropped ski or similar object is clearly visible to
other water users.
3.2.5 Clause 3.2.1 (a)
shall not apply to:
(a) a
vessel over 500 gross tonnage, if the vessel cannot be safely navigated in
compliance
with this clause; or
(b) a
vessel powered by sail in relation to any other vessel powered by sail, while
the vessels
are participating in a yacht race or training administered by
(i) a
club affiliated to Yachting New Zealand; or
(ii) a
non profit organisation involved in sail training or racing; or
(c) a
craft training for or participating in competitive rowing or paddling; or
(d) a
tug, pilot vessel, Harbourmaster vessel, emergency response craft or police
vessel, if the
vessel's duties cannot be performed in compliance with this clause; or
(e) a
vessel operating in accordance with a speed uplifting established under-
(i) Schedules
1 and 2 (Location Specific Information) of these bylaws.
(ii) Clauses
3.5, 3.8 or 3.9 of these bylaws
3.2.6 Clause 3.2.1.(b)
shall not apply to:
(a) a
vessel operating in an access lane or a reserved area for the purpose for which
the
access lane or reserved area was declared;
(b) a
vessel operating in accordance with a speed uplifting established under
(i) Schedules
1 and 2 (Location Specific Information) of these bylaws
(ii) Clause
3.5, 3.8 or 3.9 of these bylaws
(c) a
vessel over 500 gross tonnage, if the vessel cannot be safely navigated in
compliance
with this clause; or
(d) a
craft training for or participating in competitive rowing or paddling; or
(e) a
tug, pilot vessel, Harbourmaster vessel, emergency response craft or police
vessel when
the vessel's duties cannot be performed in compliance with this clause.
3.2.7 Notwithstanding subclauses 3.2.1–
3.2.5, every person who propels or navigates a
recreational craft must ensure
that its wake does not cause unnecessary danger or risk of
damage to other vessels, persons
or structures.
3.2.8 Clauses 3.2.1 and
3.2.2 shall not apply to a rescue craft operated by members of Surf
Lifesaving New
Zealand or Hawke’s Bay Coastguard, while undertaking rescue operations
or while it is
being operated under supervision in accordance with an inflatable rescue boat
training
programme approved by the Director of Maritime New Zealand or a Coastguard
training
programme.
3.3 Lookouts on vessel used for water
skiing and towing
3.3.1 No person in
charge of a vessel shall use it to tow any person at a speed exceeding 5 knots
unless at least one other person is on board who is -
(a) 10
years of age or older; and
(b) responsible
for immediately notifying the person in charge of every mishap that occurs to
the person who is being towed.
3.3.2 No person shall
cause himself or herself to be towed by any vessel at a speed exceeding 5 knots
unless at least one other person is on board who is -
(a) 10
years of age or older; and
(b) responsible for
immediately notifying the person in charge of every mishap that occurs to the
person who is being towed.
3.4 Water skiing or towing between sunset
and sunrise
3.4.1 No person shall
operate, between sunset and sunrise, a vessel that is towing any person
on water skis, an
aquaplane, surfboard, or similar object, or who is barefoot skiing, or who is
on a paraglider or similar object. (The times for sunset and sunrise can be found in the
current edition of the New Zealand Nautical Almanac).
3.4.2 No person may cause himself or herself
to be towed in the circumstances described in clause 3.4.1.
3.5 Access lanes
3.5.1 The Council may, from time to time,
by Public Notice, declare that specified area or areas of any harbour shall be
an access lane for the purpose of high speed access to and from the shore.
3.6 Conduct in access lanes
3.6.1 No person shall
propel, navigate, or manoeuvre a vessel in an access lane for the purpose
for which it is
declared except by the most direct route through the access lane and on that
side of the access lane that lies to the starboard (right) side of the vessel.
3.6.2 No person shall:
(a) while
being towed by a vessel in an access lane, cause himself or herself or any
water ski, aquaplane or other similar object, on or by which he or she is being
towed; or
(b) cause any object that is being towed by a vessel
in an access lane to travel other than by
the
most direct route through the access lane and on that side of the access lane
that lies to the starboard (right) side of the vessel.
3.6.3 No
person within an access lane shall proceed in a manner that is dangerous in
relation to any vessel or other person in the access lane.
3.6.4 No
person shall obstruct any other person while that other person is using an
access lane for the purpose for which it has been declared.
3.6.5 If
one or more persons are using an access lane for the purpose for which it is
declared, no person may enter, remain in or use the lane for any other purpose.
3.6.6 The
access lanes to which this bylaw applies are those prescribed in Schedule 1(Location
Specific Information).
3.7 Marking of access lanes
3.7.1 Every access
lane must be demarcated by:
(a) orange
posts with horizontal black bands on shore; and
(b) if
the access lane is marked at its outer edge, it shall be marked by orange buoys
with black bands; and
(c) an
adequate sign or signs in the vicinity of the access lane that declare the
purpose of that lane.
3.8 Reserved areas
3.8.1 The Council, on application or of
its own mind, may from time to time, by Public Notice, and in the interests of
navigation safety, reserve any specified area for a specific purpose.
Such
notification may for the purpose of hydrometric surveys conducted by HBRC,
consist of signs erected at all access points on the length of the river to be
surveyed.
3.8.2 A reservation under this bylaw may
be made on such conditions, and for such period or periods, as Council may
specify in the notice.
3.8.3 Every area that is reserved under
this bylaw shall be indicated by notice boards that are prominently displayed
on the land at the extremities of the area.
3.9 Reserved areas for special events
3.9.1 Any person intending to conduct a
race, speed trial, competition or other organized water activity in any area to
which these bylaws apply may apply to the Harbourmaster to:
(a) temporarily
suspend the application of Clause 3.2 in part or in total in that area for the
purposes of facilitating the event
(b) temporarily
reserve the area for the purpose of that activity.
3.9.2 Where the
Harbourmaster is satisfied that the application may be granted without
endangering the public, he or she may grant the application accordingly, for a
period not exceeding 10 days and on such conditions as he or she may specify.
3.9.3 No grant of
an application shall have effect unless, not less than 7 days nor more than 14
days before the commencement of the activity, a public notice is given
specifying the period of the activity and details of the suspension or reserved
area.
3.9.4 The Council
may recover, from the applicant, all actual and reasonable costs associated
with the application, including any monitoring and advertising.
3.10 Conduct in reserved areas
3.10.1 No
person may obstruct any other person while that other person is using a
reserved area for the purpose for which it is reserved.
3.10.2 If
any person is using a reserved area for the purpose for which it is reserved,
no other person shall enter the
reserved area other than to use it for the purpose for which it is reserved.
3.10.3 Nothing in Clause 3.10.1 or 3.10.2 prohibits the use of emergency
response craft within a reserved area.
3.10.4 The
reserved areas to which these bylaws apply are those prescribed in Schedules 1 and 2
(Location Specific Information), or those notified in accordance with Clauses
3.8.1 or 3.9.3.
3.11 Marking of reserved areas
3.11.1 Adequate signs
shall be provided in the vicinity of a reserved area that:
(a) define the
area; and
(b) declare the
purpose for which the area has been reserved.
3.11.2 If the area is demarcated on shore,
it is marked by black posts with white horizontal bands.
3.11 3 If the reserved area is marked at sea
it is marked by black buoys with white bands.
3.11.4 Nothing in
this Clause applies to reserved areas for special events made in accordance
with Clause 3.9.
3.12 Collision prevention
3.12.1 No person
shall operate any vessel in breach of Maritime Rules
Part 22 (Collision Prevention), made under the Maritime Transport Act
1994
3.12.2 Every person
commits an offence against these bylaws who, being required by an Enforcement Officer to do anything under clause
3.12.1 of these bylaws, fails to comply with that requirement as soon as is
reasonably possible.
3.13 Duty of master of a vessel under 500 gross
tonnage
3.13.1 The
master of a vessel under 500 gross tonnage must not allow the vessel to impede
the navigation of any vessel of 500 gross tonnage or
more when that vessel is navigating with
a pilot on board, being led by a pilot or being navigated by a Pilot Exempt
Master within the Napier Pilotage
Area.
3.14 Moving prohibited zone.
3.14.1 A
moving prohibited zone extending to 100 m astern and to each side of a vessel,
and continued at such width to 500 m ahead shall exist around any vessel of 500
gross tonnage or greater, when that vessel is under
pilotage within the Napier Pilotage Area as prescribed in map 1.4 Schedule 1.
3.14.2 The master or
person in charge of a vessel under 500 gross tonnage
shall not navigate their vessel within the moving prohibited zone of any vessel
under pilotage within the Napier Pilotage Area
as prescribed in Schedule 1.
3.14.3 Clause 3.14.1 does
not relieve the Master of a vessel of 500 gross tonnage or greater, of
the duty to comply with
the provisions of Maritime Rule Part 22 (Collision Prevention), made under the
Maritime Transport Act 1994, other than when navigating within the provisions
of Clause 3.13.1.
3.14.4The
provisions of clause 3.14.2 shall not apply to a vessel having prior written
authority from the Harbourmaster to enter such zone.
3.15 Dive operations
3.15.1 The
master of every vessel from which dive operations are in progress must ensure
that flag A is displayed in such a manner that it can be clearly identified by
the watch keeper of another vessel at a distance in excess of 200 metres.
3.15.2 Every person
diving from a vessel must ensure that flag A is displayed in such a manner that
it can be clearly identified by the watchkeeper of another vessel at a distance
of 200 metres.
4. tankers, Hazardous
Cargoes, Hazardous Works and Dangerous Materials
4.1 Vessels carrying explosives
4.1.1 The master of any vessel in any
port, harbour, roadstead, or anchorage having on board or intending to load
explosives must hoist on the ship the flag B of the International Code by day
and a red light by night.
4.1.2 The master of any vessel in any
port, harbour, roadstead or anchorage, or the pilot, must not allow that vessel
to approach within 200 metres of any other vessel that is carrying or loading
explosives, except:
(a) with the permission of the
Harbour Master; or
(b) for the purpose of loading or
unloading that other vessel; or
(c) for the purpose of rendering
assistance to that other vessel in an emergency.
4.1.3 The master of any vessel carrying
explosives in any port, harbour, roadstead, or anchorage, or the pilot, must
not allow that vessel to approach within 200 metres of any other vessel,
except:
(a) with the permission of the
Harbour Master; or
(b) for the purpose of loading or
unloading that other vessel; or
(c) for the purpose of rendering
assistance to that other vessel in an emergency.
4.1.4 Nothing in Clause 4.2.1, 4.2.2 and
4.2.3 applies to any vessel which:
(a) is carrying not more than 27
kilograms of explosives; or
(b) Is carrying no explosives other
than explosives of Class 1.4S as defined in the IMDG Code or fireworks of Class
1.3G, 1.4G and 1.4S as defined in the IMDG Code.
4.2 Signals to be displayed by oil tankers
4.2.1 On or immediately before the arrival
in port of any vessel carrying bulk oil cargo, and so long as the vessel
remains in port, the master must display by day a red Flag B of the
International Code of Signals, and by night a red light at the masthead or
where it can best be seen from all directions.
4.3 Duties of master while tanker is in
port
4.3.1 While in port, the master of an oil
tanker must operate in accordance with the current edition of the International
Safety Guide for Oil Tankers and Terminals (ISGOTT).
4.3.2 The master must:
(a) berth or moor the tanker only at such wharf or place as specified
for bulk oil discharges, or as otherwise permitted in writing by the
Harbourmaster; and
(b) keep the tanks
containing Class 3 packing groups I and II oil cargo securely closed, except
when opened for loading or discharging; and
(c) in the case of
a vessel carrying a cargo of bulk oil, unless exempted by the Harbourmaster,
ensure that sufficient motive power is available at all times to enable the
vessel to be moved from the berth in case of fire or other emergency.
4.4 Oil tankers not to lie close to other
vessels
4.4.1 The master of a tanker must ensure
that, except for the purpose of transshipment, the tanker does not lie within
30 metres of another vessel, unless the consent of the Harbourmaster has first
been obtained in writing.
4.5 Hot work operations
4.5.1 Within the Napier Breakwater
Harbour, the master of every vessel on board which or on the hull of which it
is proposed to carry out welding or flame-cutting operations in or from any
position, whether on board the vessel or not, must obtain a Hot Work Permit in
accordance with requirements set out in Schedule 4
no less than two hours before commencing the work.
4.5.2 The master of the vessel must ensure
that, before any welding operations are commenced, precautions are taken for
the detection, prevention, and extinguishing of fire on board vessel or
elsewhere during the welding operations and that the requirements of the Hot
Work Permit are met. Provision must be made for the continuance of the
precautions until the operations are completed.
4.5.3 Despite clauses 4.5.1 and 4.5.2, the
Harbourmaster may exempt from compliance with those provisions the master of a
vessel lying at any vessel-repairing establishment.
4.5.4 If in any case the Harbourmaster is
not satisfied that adequate precautions have been taken, the Harbourmaster may
forbid the operations to be commenced or continued until he or she is so
satisfied or has caused such precautions to be taken as he or she thinks
necessary.
4.6 Loading or
Discharge of Cargo
4.6.1 No person shall
discharge, drop, cause or allow to be discharged or dropped, into Hawke’s Bay
Regional Council navigable waters any cargo or anything from a vessel, wharf or
land that would or may constitute a danger to navigation safety.
4.6.2 Any person who
discharges, drops, causes or allows to be discharged, any cargo or any other
material into Hawke’s Bay Regional Council navigable waters that would or may
constitute a danger to navigation safety shall be liable for the cost of
removal.
4.6.3 Any person handling
logs on shore or loading logs onto a vessel in the Port of Napier Limited
Breakwater Harbour, shall monitor the operation and immediately identify any logs
lost into the water and track them until they have been removed.
4.6.4 Any person handling
or loading logs in the Port of Napier Limited Breakwater Harbour must advise
Port of Napier Limited Breakwater Harbour Security and the Harbourmaster
immediately any logs are lost into the water and again when the logs have been
recovered.
5. Administrative
Matters
5.1 Revocation of Bylaws
5.1.1 The following bylaws and all
amendments to those bylaws in Hawke’s Bay Region, and made under Part VI of the
Harbours Act 1950 are revoked.
Hawke’s Bay Regional Council Navigation &
Safety Bylaws 2007
5.2 Suspensions and exemptions from these
bylaws
5.2.1 The Council may, of its own accord
or on application by any person, suspend any provision of these bylaws or
exempt any activity from any provision of these bylaws. The suspension or
exemption may be subject to conditions and have effect for the period of time
that the Council considers appropriate. Any suspension or exemption made under
this clause must be notified to all interested persons as determined by the
Council.
5.3 Application to master/owner
5.3.1 Where any clause in these bylaws
imposes an obligation or duty on the master of any vessel, that obligation or
duty must, in the case of a vessel that has no master, be performed or carried
out by the owner.
5.3.2 Where any clause of these bylaws
imposes an obligation or duty on both the master and the owner of a vessel,
then, if that clause is not complied with, the master and the owner are deemed
severally to have committed an offence against these bylaws. If either the
master or the owner complies with any such clause then, for the purposes of
these bylaws, compliance by one is deemed to be compliance by the other.
5.4 Vessels to be licensed
5.4.1 The owner of a vessel that is not
subject to any Maritime Rule made under the Maritime Transport Act 1994 dealing
with the operational management of the vessel must not operate that vessel for
hire or reward unless it is licensed by the Harbourmaster.
5.4.2 The
Harbourmaster may issue a licence in respect of clause 5.4.1 if, in the opinion
of the Harbourmaster, the operation is safe and the vessel is fit for its
intended purpose.
5.4.3 The
Harbourmaster may issue a licence in respect of clause 5.4.2 if, in the opinion
of the Harbourmaster, the operation will not diminish the level of safety for
other activities in the vicinity, or cause congestion or jostling for position
or other unsafe practices, at points of embarkation/ disembarkation or at any
place en route.
5.4.4 Every
licence issued by the Harbourmaster under these Bylaws shall apply only to that
vessel and operator(s) named in the licence.
5.4.5 Every
licence issued by the Harbourmaster must be available for inspection at any
time by the Harbourmaster, or enforcement officers or honorary enforcement
officers, or any prospective client of the operation.
5.4.6 A
licence may be cancelled if its terms and conditions are breached. There will
be no refund of fees if a licence is cancelled.
5.4.7 The
terms and conditions of any licence issued by Harbourmaster may include, but
are not limited to:
(a) defining points
of embarkation/ disembarkation
(b) defining the
area or route of operations
(c) limiting the
number of passengers or quantity of freight
(d) any limitations
in respect of weather or operating hours
(e) any
requirements for rescue craft
(f) any
requirements for safety equipment
(g) the level of
instruction to be given to persons hiring a vessel
(h) the qualifications required by the
person in charge of the vessel.
5.5 Fees and Charges
Fees and Charges prescribed from time to time
by the Council through the Annual Plan process for functions undertaken by the
Council under this bylaw shall be paid to the Council on demand. The Council
may by Special Order Bylaw process, amend these Bylaws.
Schedule 1: Coastal Waters –
Location Specific Information
Location specific schedules and maps for
speed upliftings, reserved areas and access lanes in Coastal Waters and
associated harbours have been prepared for the following areas (from north to
south). Any clauses contained in these schedules shall be read in conjunction
with all other clauses in this Bylaw.
S1.1 Whangawehi
The following provisions
apply to Whangawehi:
(a) an access lane has
been designated for the launching and operation of powered vessel as shown in
map 1.1.
Map 1.1 Whangawehi
S1.2 Mahia Beach
The following provisions
apply to Mahia Beach:
(a) An access lane has been designated
for the launching and operation of powered vessels as shown in map 1.2, except
that no person may propel or navigate a vessel (including a vessel towing a
person or some object) at a proper speed exceeding 5 knots).
Map 1.2 Mahia Beach
S1.3 Waikokopu
The following provisions
apply to Waikokopu:
(a) an access lane has
been designated for the launching and operation of powered vessel as shown in
map 1.3.
Map 1.3 Waikokopu
S1.4 Napier Pilotage Area (as defined in Chart
NZ 5612, Napier Roads)
The area
comprising all port waters between latitudes 39°25’S and 39°29’S to W of longitude
176°59’E.
1.4.1 General directions for navigating in
Napier Pilotage Area as shown in map 1.4:
(a) The Master shall ensure that while
within Napier Pilotage Area:
(i) automatic-steering “pilot” devices are not used, unless a
helmsman is standing by in the immediate vicinity of the helm or wheel,
otherwise the vessel is to be in the hand-steering mode; and
(ii) main engines are immediately available for reducing speed,
stopping or going astern at all times without delay; and
(iii) anchors are immediately available for use in an emergency,
and capable of being used without power; and
(iv) all information from aids to navigation and charts is fully
monitored.
(b) While within Napier Pilotage Area all
aids to navigation on board vessels, including but not limited to A.I.S, radar and depth recording devices, are to be in
continuous operation and fully utilised.
(c) The number of persons on the bridge
of the vessel shall be sufficient to enable compliance with subclause (a) (i).
1.4.2 Duties of persons in charge of motor
boats, yachts, launches etc. within Napier Pilotage Area
(a) The Master of every vessel under 500
gross tons must not impede the navigation of any vessel of 500 gross tonnage or
more when that vessel is navigating under pilotage
within the Napier Pilotage Area.
Map 1.4
Napier Pilotage Area
S1.5 Westshore/inner
harbour/Ahuriri/battery road beach
The following provisions apply to the
Westshore/Inner Harbor/Ahuriri and Battery Road Beach areas:
(a) Reserved areas have been designated
for the operation of personal water craft and swimming as shown in Map 1.5.
(b) Access lanes have been designated for
the launching and operation of sail boarders as shown in Map 1.5.
(c) Reserved areas
have been designated for surfriding as shown in Map 1.5. Surfriding is defined
as the water activity of a single person using a vessel propelled manually or
with a paddle and designed for surfriding, to plane down or across the slope of
a wave. If any person is using the surfriding reserved area for the purpose for
which it is reserved, no person may enter, remain in or use the area for any
other purpose.
(d) Users of the Surfriding Reserved Area
shall adhere with the WaveRules set out below:
(e) No person shall bathe in the Reserved Areas except where the
activity is a necessary part of the activity for which the area is reserved, or
the area is not being used for the activity for which the area is reserved.
(f) There shall be no anchoring, set
nets, set lines or crayfish pots in any designated access lane or reserved
areas or the Inner Harbour and its Approach Channel as shown in map 1.5. except
as provided in clause 2.7.5.
(g) There shall be no powered vessels in
the Ahuriri Estuary upstream of the Pandora Bridge as shown in map 1.5, except
as authorised in the Regional Coastal Plan.
(h) There shall be no kite surfing,
paragliding or other activity involving the presence of people/equipment in the
air, in the Napier Pilotage Area as shown in map 1.5, unless approved by the
Napier Air Traffic Control.
(i) The area
designated at Battery Road Beach as shown on map 1.5 is reserved for swimming
only. Motorised vessels are not permitted to enter the area between the buoys
and the shore at any time, unless authorised by the Harbourmaster or an
Enforcement officer.
Map 1.5 Westshore/Inner Harbour/Ahuriri and Battery Road Beach
S1.6 BREAKWATER HARBOUR
The following
provisions apply to the Port of Napier Limited Breakwater Harbour:
1.6.1 Radio Clearance
Requirements for Breakwater Harbour and Breakwater Harbour
Approach
Channels.
(a) At least ten
minutes prior to planned departure from, or arrival to, or shift within the
Breakwater Harbour, the master of any vessel other than a piloted vessel, shall
call “Napier Harbour Radio” on marine VHF radio to report their intentions, and
to obtain clearance or otherwise before proceeding.
(b) The Master of any
vessel, other than a piloted vessel, shall advise “Napier Harbour Radio” on
marine VHF radio when secured at a different berth within the Breakwater
harbour.
(c) No vessel other
than those approved by Port of Napier Harbour Control shall enter the Breakwater
Harbour when a vessel is manoeuvring in the harbour or the approach channel.
(d) VHF radio listening
watch shall be kept by all commercial vessels on Channel 16 at all times when under way within the Napier Pilotage Area.
1.6.2 Restricted Activities
(a) There shall be no
anchoring, set nets, set lines or crayfish pots in the Breakwater
Harbour and Breakwater
Harbour Approach Channels as shown in map 1.6.
Map 1.6 Napier Breakwater Harbour and
Approaches.
S1.7 Waimarama Beach
The following provisions
apply to Waimarama Beach:
(a) an access lane has been designated
for the launching and operation of powered vessel as shown in map 1.7.
Map 1.7
Waimarama Beach
S1.8 KAIRAKAU BEACH
The following provisions
apply to Kairakau Beach and Kairakau River:
(a) an access lane
has been designated for the launching and operation of powered vessels as shown
in map 1.8.
(b) a 5 knot area
has been designated on Kairakau River for passive water activities as shown in
map 1.8.
(c)
speed restrictions have been uplifted on Kairakau River as
shown in map 1.8 Map
1.8 Kairakau Beach
SCHEDULE 2: INLAND WATERS – LOCATION SPECIFIC INFORMATION
Location specific schedules and maps for
inland waters (rivers and lakes) for speed upliftings and reserved areas have
been prepared for the following areas (from north to south). Any clauses
contained in these schedules shall be read in conjunction with all other
clauses in this Bylaw.
S2.1 Wairoa River
The following provisions apply to the Wairoa
River from
the confluence of the Waiau River to the sea, as shown in map 2.1:
(a) speed restrictions specified in
clause 3.2 do not apply except that:
(i) 
no person may propel or navigate a vessel (including a vessel towing a person
or some object) at a proper speed exceeding 5 knots within 5 metres of a river
bank.
Map
2.1 Wairoa River
S2.2 Mohaka River
The following provisions apply to the Mohaka
River from Pakatutu Bridge to the sea as shown in map 2.2:
(a)
speed restrictions specified in clause 3.2 do not apply.
Map 2.2 Mohaka River
S2.3 Clive and Ngaruroro Rivers
Area A Non- Restricted Area
The following provisions apply to the area
from the confluence of the Ngaruroro River with the Clive River, and from the
point at which Muddy Creek enters the Clive River to the sea as shown in map
2.3:
(a) speed restrictions specified in
clause 3.2 do not apply.
Area B Safety Buffer Area
The following provisions apply to the area
from the point at which Muddy Creek enters the Clive River to a line 50 metres
upstream of that point as shown in map 2.3:
(a) the use of this area is primarily for
the passage of vessels between Areas A and C
(b) speed restrictions specified in
clause 3.2 do not apply.
Area C Regulated Area
The following provisions apply to the area of
the Clive River from a line 50 metres upstream of the
point at which Muddy Creek enters the Clive River to 75
metres downstream of the Clive River Bridge as shown in map 2.3.
(a) speed restrictions specified in
clause 3.2 do not apply between the hours of 7.30 a.m. and 8.00 p.m. on
Tuesdays, Thursdays, Fridays and Saturdays;
(b) speed restrictions specified in
clause 3.2 do not apply between the hours of 12 noon and 8.00 p.m. on Sundays;
(c) speed restrictions specified in
clause 3.2 do not apply between the hours of sunrise and 5 p.m. on Mondays and
Wednesdays;
(d) Motorised vessels shall travel in an
anti-clockwise direction, keeping the centre clear for non-motorised vessels.
Area D Rowing Area
The following provisions apply to the area of
the Clive River upstream of the Clive River Bridge and
for a distance of 75 metres downstream of the bridge:
(a) A reserved area for use by
non-motorised vessel solely powered manually and associated support vessel
(powered or unpowered) as shown in map 2.3.
(b) No person may propel or navigate a
powered vessel in the reserved area (including a vessel towing a person or some
object) at a proper speed exceeding 5 knots, except as may be required under
(a).
Area E Passive
Water Activity Area
The following provisions apply to the
Ngaruroro River from its confluence with the Clive River to the SH2 bridge as
shown in map 2.3:
(a) speed restrictions specified in
clause 3.2 do apply
Area F Shared Area
The following provisions apply to the
Ngaruroro River from the confluence of the Taruarau River to the SH 2 Bridge as
shown in map 2.3:
(a) speed restrictions specified in
clause 3.2 do not apply except that
(i) No person may propel or navigate a
vessel (including a vessel towing a person or some object) at a proper speed
exceeding 5 knots during the months of May and June (duck shooting season) and
15 August to 30 November (inclusive) (white-baiting season) from the SH 2
bridge to the Chesterhope Bridge.
Map 2.3 Clive and
Ngaruroro rivers
S2.4 Porangahau River
S2.4 Porangahau
River
The following provisions
apply to the Porangahau River:
(a) Speed restrictions specified in clause 3.2.1
(a) and (b) do not apply to the Porangahau River.
(b) A reserved area has been designated for bathing from 30 metres downstream of the Beach Road bridge on the
northern bank and out to a line parallel with the second bridge pier from the
waters edge, and upstream of the bridge from the second bridge pier to the
shore 50 metres upstream of the bridge as shown on Map2.4. Vessels are
prohibited from entering this area unless authorized by the Harbourmaster.
(c) Water skiers towed by boat or jetski may pass the
bathing reserved area only through the middle of the centre bridge span having
due regard for bathers at all times.
(d) Jet skiing is only permitted from 30 metres downstream of the
Beach Road bridge to the sea as shown in map 2.4.
(e) Vessel’s may only be launched from the shore 30 metres
downstream of the Beach Road bridge or other areas outside of the reserved
bathing area.
Map 2.4 Porangahau River
S2.5 Te Paerahi Beach
The following provisions
apply to Te Paerahi Beach as shown on map 2.5
An area has been designated
for mixed bathing and surfing extending from a position 20 metres north of the
changing sheds for a distance of 200 metres to the south and extending 200
metres out to sea from MLWS as shown on map 2.5. Launching, retrieving and
navigating of vessels are prohibited in this area at all times unless
authorised by the Harbourmaster. Vehicles traversing this area on the beach
must not exceed 5 kilometres an hour at any time.
Map 2.5 Te
Paerahi Beach
S2.6 General provision for rivers with speed upliftings
Any person who is permitted to propel or
navigate a vessel at a proper speed exceeding 5 knots as a result of a speed
uplifting specified in Clauses 2.1 to 2.4 shall not do so in a manner that is
likely to endanger or unduly annoy any person who is:
(a) on, in or using
the water; or
(b) fishing or
undertaking recreational activity in the vicinity of the vessel.
S2.7 River Safety Rules
Any person in charge of a vessel on a river
must:
(a) ensure that the
vessel keeps to the starboard (right) side of the river channel; and
(b) if going upstream,
give way to any vessel coming downstream; and
(c) not operate the
vessel unless river and weather conditions permit safe operation of the vessel.
Schedule 3: OIL TRANSFERS
Bulk Oil Discharges
(a) Bulk oil discharges are permitted only at such wharf or place as
specified for bulk oil discharges, or as otherwise permitted in writing by the
Harbourmaster.
Advice Note:
Diesel oil may be transferred at all locations within Port of
Napier Ltd ,Napier Inner Harbour and other coastal locations providing that the
operators adhere to their Site Marine Oil Spill (Tier 1) Contingency Plan, as
required under Marine Protection Rule Part 130B.
SCHEDULE 4: HOT WORK PERMIT
A Hot Work Permit shall be in the form specified
below:
harbour master’s office
breakwater road- napier
fax/tel(06) 833-4525
mobile: 0274 455 592
Email:harbourmaster@hbrc.govt.nz
Hot Work Permit
Not for use on Tankers/ Pipeline
Permit No…..
Under Section 4
Hawke’s Bay Regional Council Navigation Safety Bylaws 2012, permission is
hereby given for Gas Cutting /Burning/ Welding (electric/gas) to be carried
out in the said locations:
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………on
board vessel ...............................................................................at
Berth…………………………………….......................Port of Napier
subject to the
following conditions:
1. All
combustible materials within surrounding area removed or made safe.
2. No
flammable liquids, vapours, gases or dusts present.
3. Suitable
fire extinguishers/hoses provide onsite and fully operation.
4. Operator
knows how to use fire equipment.
5. Operator
knows how and where to raise alarm.
6. An
inspection of the surroundings of the work area/s is carried out at least one
hour after hot work is completed
7. Other
specified conditions:
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………………………………………………………………
Gas Free
Certificate Yes/No Issued
by:……………………................................................................................................
I/We agree with the
above conditions and will ensure that they are complied with for the duration
of this permit.
Signed:
For the vessel …………………………………Position………………………………………………………………………..Date………..
For the
contractor…………………………….. Position……………………………………………………………………….Date………..
Permit issued
by……………………………… Position……………………………………………………………………….Date………..
This permit is valid
from……………Hrs Date………..until Hrs………………………………………………………………….Date………..
This permit must be
displayed at the work area.
If more than one
work area, original to be kept in ship’s office / wheelhouse and a duplicate
copy to be displayed at each work area.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GREEN: Contractor’s
copy- BLUE: Ship’s copy- WHITE: Harbourmaster’s copy- PINK: Marine
Operations copy
FAX COPY TO PORT SECURITY
