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Governing Body
31 July 2014
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APPENDIX A
Proposed Navigation Safety
Bylaw 2014
Navigation Safety Bylaw 2014
Ture ā-Rohe Urungi Āhuru 2014
(as at [insert date last updated])
Governing Body of Auckland Council
Resolution in Council
[insert date of
resolution]
Pursuant to Maritime Transport Act 1994, the Local Government
Act 2002 and the Local Government (Auckland Council) Act 2009, the Governing
Body of Auckland Council revokes and replaces the Auckland Regional Council
bylaw about navigation safety with the following bylaw.
Contents
Clause Description Page
1 Title. 6
2 Commencement 6
3 Application. 6
Part 1
Preliminary provisions
4 Purpose. 6
5 Interpretation. 6
Part 2
General
6 Controls and demarcations specified under the bylaw.. 11
Part 3
Carriage and wearing of personal
flotation devices on recreational vessels
7 Carriage of personal flotation devices. 12
8 Wearing of personal flotation devices in times of
heightened risk. 12
9 Wearing of personal flotation devices on small
recreational vessels six metres or less. 12
10 Exemptions to the compulsory carriage of personal
flotation devices. 12
11 Wearing of personal flotation devices by persons being
towed. 13
Part 4
General navigation safety
requirements
12 Person in charge of the vessel 13
13 Minimum age for operating powered vessels. 13
14 Speed of vessels. 13
15 Vessels to be seaworthy. 14
16 Collision preventions. 15
17 Notification of collisions or accidents. 15
Part 5
Activities
18 Swimming. 15
19 Water skiing and towing of persons. 15
20 Dive operations. 16
21 Wake of recreational vessels. 16
22 Use of vessel engine around wharves and ramps. 16
23 Access lanes. 16
24 Reserved areas. 17
25 Special reserved areas. 17
26 Conduct in reserved areas. 18
Part 6
Operating Requirements
27 Obstructions. 18
28 Discharges. 18
29 Navigation aids. 18
30 Sound and light signals. 19
31 Vessels to carry navigational charts or equipment 19
32 Means of communication. 19
33 Visibility of paddle craft 19
34 Vessels to be identified. 20
35 Aircraft 20
36 Prohibited and restricted anchorages. 20
37 Limitation on anchoring. 20
38 Vessels to be adequately anchored, moored or secured. 21
Part 7
Licenses, permits and administrative matters
39 Registration of personal water craft (jetski) 21
40 Moorings to be licensed. 21
41 Application for a mooring licence. 21
42 Consideration of application for a moorings licence. 22
43 Conditions of licence. 22
44 Transfer of ownership and termination of mooring
licences. 22
45 Maintenance and construction requirements. 23
46 Powers of Harbourmaster with respect to moorings and
vessels on moorings. 23
47 Liability of the council 24
48 Removal of vessels. 24
49 Ongoing use of a mooring. 24
50 Hot work operations. 24
51 Vessels carrying dangerous goods as cargo. 25
52 Fuel oil operations and bunkering. 25
Part 8
Large vessels
53 Navigating with inoperative equipment 25
54 Duty of person in charge of a vessel under 500 gross
tonnage. 25
55 Moving prohibited zone. 26
56 Areas of restricted access for large vessels. 26
57 Automatic identification system.. 26
Part 9
Specific restrictions in lanes, zones
and areas
58 Operation of commercial fast vessels. 26
59 Motuihe Channel fast passenger ferry lane. 27
60 Waitematā Harbour restricted zone. 27
61 Harbour bridge precautionary area. 27
62 Kawau Island restricted speed area. 28
63 Auckland ferry terminal basin. 28
64 Manukau Harbour bar crossing. 28
Part 10
Tankers, hazardous cargoes, hazardous
works, fuel oil transfers and dangerous materials
65 Explosives safety zone. 28
66 Vessels carrying explosive substances as cargo. 29
67 Signals to be displayed. 29
68 Duties of person in charge of the vessel while tanker
is in port 29
69 Tankers not to lie close to other vessels. 29
Part 11
Pilot and pilot exempt master
operations
70 Log of transits in pilotage area. 30
71 Passage Plan. 30
72 Bridge team composition. 30
Part 12
Licensing of commercial vessels for
hire or reward
73 Vessels to be licensed. 30
74 Consideration of application for licence. 31
75 Conditions of licences. 31
Part 13
Enforcement Powers, Offences,
Penalties, Exceptions Transitional Provisions and Revocation
76 Compliance with the bylaw.. 31
77 Bylaw breaches. 31
78 Intervention by the Harbourmaster 32
79 Non-compliance with conditions of a licence. 32
80 Removal of vessel, material, thing, cargo or matter 32
81 Removal of construction. 32
82 Exceptions. 33
83 Exemptions. 33
84 Savings and transitional provisions. 33
85 Revocation. 33
1 Title
(1) This
bylaw is the Navigation Safety Bylaw 2014 / Ture ā-Rohe Urungi Āhuru
2014.
2 Commencement
(1) This
bylaw comes into force on 25 October 2014.
3 Application
(1) This
bylaw applies to Auckland’s navigable waters.
Part 1
Preliminary provisions
4 Purpose
(1) The purpose of this bylaw is to:
(a) regulate and control the use or management of
vessels;
(b) regulate the placing and maintenance of
moorings and maritime facilities;
(c) prevent nuisances arising from the use of
vessels;
(d) prevent nuisances arising from the actions of
persons and things on or in the water;
(e) reserve the use of any waters for specified
persons or vessels;
(f) in relation to any sporting event, training
activity, ceremonial or other authorised customary event,—
(i) prohibit or regulate the use of vessels;
(ii) regulate, or authorise the organisers of
an event to regulate, the admission of persons to specified areas:
(g) regulate and control the use of anchorages;
(h) prescribe vessel traffic separation and
management schemes;
(i) specify requirements for the carriage and use
of personal flotation devices and buoyancy aids on recreational vessels;
(j) require the marking and identification of
personal water craft.
5 Interpretation
(1) In this bylaw, unless the context otherwise
requires:
Access lane means an area of water specified by the Harbourmaster
under this bylaw that is marked by orange posts with horizontal black bands for
landing or departing vessels or persons or objects towed by vessels.
Accident has the same meaning as in section 2 of the Act.
Act means the Maritime Transport Act 1994.
Aircraft has the same meaning as in the Civil Aviation Act 1990.
Anchor/anchoring/anchored means the temporary securing of a vessel to the bed
of the waterway by means of an anchor, cable or other device that is removed
with the vessel when it leaves the site or anchorage.
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 Harbourmaster or not.
Automatic Identification Systems (AIS) means an operational transceiver of class A
or class B that complies with the requirements of the International Maritime
Organisation.
Beach means the foreshore (including the inter-tidal zone above the mean low
water spring) and any adjacent area that can reasonably be considered part of
the beach environment including areas of sand, pebbles, shingle, dunes or
coastal vegetation and includes the adjacent coastal marine area.
Board sports means any board sport, including windsurfing,
sailboarding, kiteboarding, stand up paddle boarding, knee boarding, body
boarding and surfing where the means of propulsion is by wind, waves or other
natural forces, or where no mechanical means of propulsion is used.
Buoy
means a float secured to the seabed serving as an aid to navigation or
locational mark, or to indicate a mooring, reef or other hazard.
Bunkering operation means any transfer of liquid hydrocarbons, other than
cargo, from or to a vessel and includes the transfer of lubricating oil, oily
waste water and sludge.
Commercial vessel has the
same meaning as commercial ship in the Act.
Council means
the governing body of the Auckland Council or any person delegated or
authorised to act on its behalf.
Crew has the same meaning as in section 2 of the Act.
Dangerous goods has the same meaning as in Maritime Rule Part 24A.
Director has the same meaning as in section 2 of the Act.
Emergency response vessel means any vessel approved by the Harbourmaster for use
in emergency response and may include police, customs, Harbourmaster, naval,
port company, coastguard and surf lifesaving vessels, and club patrol or rescue
vessels (when supervising club activities).
Enforcement officer means a person appointed as an enforcement officer
under section 33G of the Act.
Explosive substances has
the same meaning as in Regulation 6 of the Hazardous Substances
(Classification) Regulations 2001. For the purposes of this bylaw, explosive
substances do not include a vessel’s lifesaving pyrotechnics.
Fast vessel means a power driven vessel capable of
exceeding a proper speed of 25 knots.
Flag A means the flag A of the International Code of Signals, being a
swallow-tailed flag, or a rigid equivalent, coloured in white and blue, with
white to the mast (“the diver flag”).
Flag B means flag B of the International Code of Signals, being a
swallow-tailed flag, or a rigid equivalent, coloured in red, of not less than 600mm by 600mm.
Flagged area means that area of beach that may be marked from time
to time, by red and yellow flags and extending to 200 metres from the actual
water’s edge, for the purposes of swimming.
Foreshore
means any land covered and
uncovered by the ebb and flow of the tide at mean spring tides and, in relation
to any such land that forms part of the bed of a river, does not include any
area that is not part of the coastal marine area.
Gross tonnage has the same meaning as in section 2 of the Act.
Harbourmaster has the same meaning as in section 2 of the Act.
Honorary enforcement officer has the same meaning as in section 2 of
the Act.
Hot work operations includes activities such as welding, grinding,
soldering, or other work involving flames or generating sparks.
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 something that would not otherwise be done.
Incident has the same meaning as in section 2 of the Act.
Large vessel means any vessel of 500 gross tonnage or greater, and
any vessel of 40 metres length overall or greater. A tug and tow is considered
a composite unit.
Length
overall has the same meaning as in
Maritime Rule 40A.
Manoeuvring equipment means any equipment used in the manoeuvring of a
vessel. It includes, but is not limited to, propellers, rudders or thrusters
and other steering equipment and any equipment to which a tug may be made fast.
Maritime rule means a rule made pursuant to Part 4 of the Act.
Master has the same meaning as in section 2 of the Act.
Moor/moored means:
(a) the securing of any vessel alongside a wharf, jetty or
pontoon by means of suitable mooring ropes, or
(b) the securing of any vessel to a mooring or anchor, but
excludes the temporary anchoring of a vessel.
Mooring means any weight or article placed in or on the foreshore, seabed or
the bed of a waterway for the purpose of securing a vessel and includes any
chain, wire, rope, buoy, or other device attached or connected to the weight
but excludes an anchor that is removed with the vessel when it leaves the site
or anchorage.
Mooring
site means the area designated by the
Harbourmaster within a mooring zone for use by a mooring licence holder, and
includes the swing area around the mooring.
Mooring zone means an area defined by the council as a mooring zone
under the Auckland Unitary Plan where vessel moorings are placed but does not
include an anchorage.
Navigable waters mean any waters in Auckland whether coastal or inland
which are able to be navigated.
Navigate means the act or process of managing or directing the course of a
vessel on, through, over, or under the water.
Navigation aid includes:
(a) any lightship and any floating or other light
exhibited for the guidance of vessels;
(b) any description of fog signal not carried on board any
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 vessels.
Navigation equipment means any equipment used in the navigation of a
vessel. It includes, but is not limited to any one or combination of the
following: navigational charts, radar, global positioning system receiver,
electronic charting equipment, VHF radios.
Noxious liquid substance has the same meaning as in the Maritime Protection
Rules Part 140 – Discharge of Noxious Liquid substances in Bulk.
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.
Oil has the same meaning as in section 33B of the Act.
Owner has the same
meaning as in section 2 of the Act.
Paddle craft means a vessel powered only by use of a single or
double bladed paddle as a means of propulsion without the aid of a fulcrum
provided by rowlocks, thole pins, crutches or like arrangements. A paddle
craft includes a kayak, canoe, stand up paddle board, waka, dragon boat and
other such craft.
Passenger ferry means
a ferry operating a scheduled service registered with Auckland Transport.
Person in charge of a vessel means-
(a) the master, skipper or kaihāutu of the
vessel;
(b) in the absence of an identified
master or skipper, the owner of the vessel that is on board or the person
steering the vessel.
Personal flotation device means any buoyancy aid that is
designed to be worn on the body that meets:
(a) a standard in NZS 5823:2005 Specification for
buoyancy aids and marine safety harnesses and lines applicable to such buoyancy
aids;
(b) a national or international standard that the director
is satisfied substantially complies with a standard in NZS 5823:2005 Specification for buoyancy aids and
marine safety harnesses and lines applicable to such buoyancy aids.
Personal
water craft has the same meaning as
in section 33B of the Act.
Pilot has the same meaning as in section 2 of the Act.
Pilotage area means the pilotage areas described in maritime rule
Part 90.
Pilotage Exemption Certificate has the same meaning as in Maritime Rule
Part 90.
Power driven vessel means any vessel propelled by machinery.
Proper speed means speed through the water.
Raft means an inflatable vessel manoeuvred by oars or paddles (or a combination thereof) but does not
include inflatable kayaks, white water sledges, tubes, or equipment used for
river surfing.
Recreational
vessel has the same
meaning as pleasure craft as defined in the Act and recreational craft as
defined in Maritime Rules Part 91: Navigation Safety Rules.
Explanatory note: Section 2 of the Act
states: pleasure craft—
(a) means a ship that is not offered or used for
hire or reward, and is used exclusively for—
(i) the owner's pleasure or as the
owner's residence; or
(ii) recreational purposes by—
(A) the members of a club that owns the
ship:
(B) the beneficiaries of a trust that
owns the ship:
(C) the members of an incorporated
society that owns the ship; but
(b) excludes a ship that is—
(i) provided for transport, sport, or recreation
by, or on behalf of, an institution, hotel, motel, place of entertainment, or
other establishment or business:
(ii) used on a voyage for pleasure if the ship is
normally used, or intended to be normally used, as a fishing ship or for the
carriage of passengers or cargo for hire or reward:
(iii) operated or provided by—
(A) a club, incorporated society, or trust for
non-recreational purposes; or
(B) a business.
Maritime Rules Part 91 states: recreational
craft means a vessel that is—
(a) a pleasure craft; or
(b) solely powered manually; or
(c) solely powered by sail:
Reserved area means any area reserved for a specific purpose under
this bylaw.
Reward has the same meaning as in section 2 of the Act.
Sailboard means any type of board including a windsurfer or
kiteboard that is propelled by a sail and operated by a person standing upright
on a board.
Seaplane has the same meaning as in section 2 of the Act.
Seaworthiness in
relation to any vessel means being, in the opinion of the Harbourmaster in a
fit condition of readiness to safely undertake a voyage within its designed
capabilities.
Sheltered waters are waters within 200 metres
of the shore which are protected from any wind, currents or waves that could
cause the vessel to be blown or swept out into open waters or into danger, or
being swamped.
Shore when referring to
distance from shore, means the water’s edge.
Speed uplifting means an authorisation by the Harbourmaster to
increase/change or otherwise alter the speed provision under this bylaw.
Small vessel means a vessel of six metres
length overall or less.
Structure means:
(a) any building, equipment,
device, or other facility, fixed to land or bed of a waterbody; and
(b) includes slipways, jetties,
pile moorings, swing moorings, pontoons, wharves, marine farms, and other
objects whether or not these are above or below the waterline of the foreshore;
but
(c) does not include navigation
aids.
Sunrise/sunset has the same meaning as stated in the New Zealand
Nautical Almanac, NZ204.
Support vessel means any vessel used for coaching, marshalling and
rescue attendance for a sporting event, training activity, ceremonial or other authorised
customary event.
Surfboard means any type of board that is used for surf riding.
Tanker means any vessel which:
(a) is specially constructed, or
has a compartment or compartments specially constructed for bulk carriage of
oil products of any class and includes any tanker designed for carriage of
noxious liquid substances in bulk; and
(b) either:
(i) has on board, or is about to take on board, any cargo
in whole or part of which consists of class 3 oil products or noxious liquid
substances in bulk; or
(ii) has discharged any cargo consisting of any such oil
products or noxious liquid substances in bulk, but the holds, tanks, and
compartment of which have not been rendered or certified gas-free.
Towing for the purpose of this bylaw means the towing of a person or object
behind a vessel but does not include the towing of a vessel by another vessel.
Underway means
that a vessel is not at anchor, or made fast to the shore, or aground.
Vessel means every description of a ship, boat or a craft used in navigation
on the water, whether or not it has any means of propulsion; and includes a:
(a) barge, lighter, or other like
vessel;
(b) 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) submarine or other submersible;
(d) seaplane while on the surface of
the water;
(e) personal watercraft (jet ski);
(f) raft;
(g) paddle craft; or
(h) any board used for board sports.
Warship has the same meaning as in section 2 of the Act.
(3) To
avoid doubt, compliance with this bylaw does not remove the need to comply with
all other applicable Acts, regulations, bylaws, and rules of law.
(4) Unless
the context requires another meaning, a term or expression that is defined in
the Act or maritime rule and used in this bylaw, but not defined, has the
meaning given by the Act or maritime rule.
(5) Any
explanatory notes and maps are for information purposes, do not form part of
this bylaw, and may be made, amended and revoked without formality.
(6) The
Interpretation Act 1999 applies to this bylaw.
Part 2
General
6 Controls
and demarcations specified under the bylaw
(1) Any control specified by the Harbourmaster
under this bylaw may:
(a) prohibit, restrict or control any matter or thing
generally, for any specific category of case, or in a particular case;
(b) apply to all activities or to any specified
category of activity;
(c) apply to Auckland or to a specified part of
Auckland;
(d) apply
at all times or at any specified time or period of time.
(2) The
Harbourmaster may demarcate the use of any area of navigable water for a
specified purpose pursuant to this bylaw through the placement of buoys, posts
or signs at the demarcated area.
(3) A person must not operate a vessel in
navigable waters other than in accordance with any applicable control or
demarcation.
Explanatory
note: The controls
made under the Navigation Safety Bylaw 2014 contain maps showing the demarcated
areas of navigable water for specified purposes and use.
Part 3
Carriage and wearing of personal
flotation devices on recreational vessels
7 Carriage
of personal flotation devices
(1) A
person in charge of a recreational vessel must not use it unless there are
sufficient personal flotation devices for each person on board at all times
that the vessel is in use.
(2) Personal flotation devices must be:
(a) in a readily accessible location on board the
vessel;
(b) of an appropriate size for each person on
board; and
(c) in good operative condition.
8 Wearing
of personal flotation devices in times of heightened risk
(1) A
person in charge of a recreational vessel must not use it in circumstances
where tides, river flows, visibility, rough seas, adverse weather, when
crossing a bar, in emergencies, or other situations that may 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.
9 Wearing of personal
flotation devices on small recreational vessels six metres or less
(1) Every
person on board a small recreational vessel must wear a properly secured
personal flotation device of an appropriate size for that person at all times.
(2) Subclause
(1) does not apply if the person in charge of the vessel, after assessing all
circumstances and determining there would be no reduction in safety, expressly
authorises any person on board to remove a personal flotation device.
10 Exemptions
to the compulsory carriage of personal flotation devices
(1) Clause 7 does not apply to:
(a) any surfboard;
(b) any person riding breaking waves on a stand up
paddle board when the board is attached to the person by means of a leg rope.
(c) any sailboard activity, if a wetsuit is worn
at all times;
(d) a diver on a small vessel that is used for
recreational diving within five nautical miles of shore, when wearing a full
body wetsuit;
(e) 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 an organisation approved by the Director.
Explanatory note: The Director may approve a sporting
organisation 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 flotation devices.
(f) a sporting event, training activity,
ceremonial or other authorised customary event if-
(i) a support vessel that is capable of
providing adequate assistance in the event of an emergency remains in the
immediate vicinity of the vessel and the vessel or support vessel or both carry
personal flotation devices or buoyancy aids of an appropriate size for each
person on board the vessel; or
(ii) the Harbourmaster has granted prior written
exemption.
Explanatory note: The Harbourmaster may grant an
exemption for a specified period if satisfied that adequate safety precautions
are made for rescuing any person participating in the event or activity.
11 Wearing
of personal flotation devices by persons being towed
(1) The
person in charge of the vessel and any person being towed are both responsible
for ensuring that the person being towed wears a properly secured personal
flotation device of an appropriate size for that person.
Part 4
General navigation safety
requirements
12 Person
in charge of the vessel
(1) No
vessel may leave the shore unless a person in charge of the vessel has been
nominated.
(2) The
person in charge of a vessel is responsible for the safety and wellbeing of
every person on board and for the safe operation of the vessel, including the
carriage and wearing of personal flotation devices by persons on board the
vessel.
(3) A
person must not be in charge of a vessel while under the influence of alcohol
or a drug, or both, to such an extent as to be incapable of having proper
control of the vessel.
13 Minimum
age for operating powered vessels
(1) A person below the age of 15 years must not
be in charge a power driven vessel that is able to exceed a proper speed of 10
knots unless they are under the direct supervision of a person:
(a) who is 15 years or older; and
(b) who is in immediate reach of the controls;
and
(c) who
is not the lookout person required under this bylaw when another person is
being towed.
(2) The
owner of a power driven vessel that is able to exceed a proper speed of 10
knots must not allow any person below the age of 15 years to be in charge of
that vessel, unless they are under the direct supervision of a person:
(a) who is 15 years or older; and
(b) who is in immediate reach of the controls;
and
(c) who is not the lookout person required under
this bylaw when another person is being towed.
14 Speed of
vessels
(1) A person in charge of a vessel must not
operate a vessel at a proper speed exceeding 5 knots within:
(a) 50 metres of any other vessel;
(b) 50 metres of any person in the water;
(c) 200 metres of the shore;
(d) 200 metres of any structure;
(e) 200 metres of any vessel that is exhibiting
Flag A;
(f) 200 metres of a marine mammal;
(g) any zone specified by the Harbourmaster as
having a 5 knot speed limit; or
(h) any
mooring zone.
(2) A person in charge of a power-driven vessel
must not operate the vessel at a speed exceeding 5 knots while another person
has any portion of his or her body extending over the bow or side of that vessel.
(3) A
person must not allow himself or herself to be towed by a vessel in any
circumstances specified in subclause (1).
(4) Subclauses
(1)(a) and (b) do not apply to:
(a) a large vessel, if the vessel cannot be safely
navigated in compliance with subclause (1);
(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;
(ii) a non-profit organisation involved in sail
training or racing;
(c) a vessel (including the support vessel)
training for or participating in competitive rowing or paddling;
(d) a tug, pilot vessel, emergency response
vessel, support vessel for rowing or paddling, Harbourmaster vessel, or police
vessel, only if the vessel’s duties cannot be performed in compliance with
subclause (1)(a) or (b); or
(e) a
vessel operating in accordance with a speed uplifting approved by the
Harbourmaster.
(5) Subclauses (1)(c) and (d) do 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 fast passenger ferry using the
Motuihe Channel fast passenger ferry lane or the Auckland Harbour Bridge
precautionary area;
(c) any
board sport carried out with due regard for the safety of other water users,
and in accordance with the accepted safe practices of the individual sport.
15 Vessels
to be seaworthy
(1) The
person in charge of a vessel anchored or moored in any navigable waters 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.
(2) Except
in an emergency or following an accident or incident, a person must not operate
a vessel that is unseaworthy, except to comply with the directions of the
Harbourmaster to move that vessel to an alternative location.
(3) In
an emergency or following an accident or incident that renders the vessel
unseaworthy, the person in charge of the vessel must not move the vessel
except:
(a) to clear a main navigation channel,
or to prevent further damage, or to position the vessel in a safe mooring or
anchorage; or
(b) in
accordance with directions from the Harbourmaster, enforcement officer or honorary enforcement officer.
(4) If
a vessel is not seaworthy or has the potential to cause a hazard to navigation,
the Harbourmaster may give a direction to the person in charge of the vessel to
move the vessel to an alternative location or remove it from navigable waters
within a reasonable time.
(5) If
the person in charge of the vessel fails to comply with the direction of the
Harbourmaster or if the owner or person in charge of the vessel cannot be
located, the Harbourmaster may move that vessel to a position where it is no
longer a hazard or remove it from the water and dispose of it.
16 Collision
preventions
(1) A
person must not operate any vessel in breach of Maritime Rule Part 22
(Collision Prevention) made under the Maritime Transport Act 1994.
17 Notification
of collisions or accidents
(1) The owner and/or person in charge of a vessel
that has been involved in a collision or accident must report the details of
such, where:
(a) the collision or accident has
caused damage to another vessel, or a navigation aid or any structure;
(b) a vessel has been sunk or grounded
or become stranded in navigable waters;
(c) by reason of accident, fire, defect
or otherwise the vessel cannot be safely operated; or
(d) any
person has been injured.
(2) The details of the collision or accident must
be:
(a) given verbally as soon as possible
to the Director and to the Harbourmaster; and
(b) reported as soon as practicable in writing and sent by mail or
by email to the Director and to the Harbourmaster.
(3) A report must include:
(a) a full description of any injury to
persons, their names and contact details; and
(b) a full description of any damage to
vessels or structures; and
(c) the name(s), contact details of person(s) in charge of the
vessel(s).
Part 5
Activities
18 Swimming
(1) A person must not jump, dive or swim:
(a) from or within 50 metres from, a
wharf, quay, jetty or pontoon -
(i) while it is in use for the
berthing and unberthing of vessels;
(ii) when a vessel is approaching
to berth, or manoeuvring alongside or departing;
(b) in an area that would interfere
with the berthing or departure of any vessel;
(c) within any marked navigational
channel or any other navigational channel leading to a jetty, wharf or quay;
(d) where these activities are
prohibited by the Harbourmaster.
(2) The
Harbourmaster or any person operating officially under Surf Life Saving New
Zealand may, set aside areas of beaches as flagged areas for the purpose of
swimming and body boarding.
(3) Within
any flagged area, the only activities that may be undertaken are swimming, body
boarding or the operation of a surf lifesaving vessel.
19 Water
skiing and towing of persons
(1) A
person in charge of a vessel used for towing another person must have at least
one other person on board acting as a lookout, who is 10 years of age or older
and who is responsible for immediately notifying the person in charge of the
vessel of every mishap that occurs to the person and/or object that is being
towed.
(2) A
person in charge of a vessel must not tow any person or object between sunset
and sunrise.
(3) A person in charge of a vessel must not
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, in a location where it could cause danger to any other person or
vessel, unless:
(a) the person in charge immediately
takes action to recover that water ski or similar object; or
(b) the dropped ski or similar object is clearly visible to any
other water user operating within the vicinity.
(4) A
person must not allow himself or herself to be towed by a vessel unless in
compliance with this clause.
20 Dive
operations
(1) The
person in charge of a vessel from which dive operations are in progress and the
person diving from the vessel, must ensure that Flag A of a size no less than
600mm by 600mm is displayed in such a manner that it can clearly be identified
by the person in charge of another vessel at a distance in excess of 200
metres.
(2) Every
person that dives unaccompanied by a vessel, must ensure that Flag A is
displayed on a buoy in the water within close proximity to the diver in such a
manner that it can be clearly identified by the person in charge of another
vessel at a distance in excess of 200 metres.
21 Wake of
recreational vessels
(1) A person in charge of a recreational vessel
must ensure that the vessel’s wake or the wake from any person or object being
towed:
(a) does not prevent other people from
safely using the navigable water;
(b) does not cause danger or risk of
damage to other vessels, structures, or navigation aids; and
(c) does not cause any risk of harm to
any other person.
22 Use of
vessel engine around wharves and ramps
(1) A
person in charge of a vessel must not operate the propulsion system of the
vessel while it is lying at a wharf, quay, jetty or pontoon in such a way that
it may damage any property, scour the bed of the navigable waters so affecting
navigation safety, affect the navigation of any other vessel or injure any
person. This clause does not preclude the use of the propulsion system for the
safe berthing or unberthing of any vessel.
(2) In addition, a person in charge of a large
vessel must:
(a) ensure that a crew member is stationed
both forward and aft on any vessel while that vessel is lying at a wharf, quay,
jetty or pontoon and about to test or testing a propulsion system;
(b) ensure that a crew member warns all
persons or vessels in the immediate vicinity of that vessel that the engines
are being tested.
23 Access
lanes
(1) The Harbourmaster may specify an area of navigable water to be
an access lane for the purpose of high speed access to and from the shore and
specify controls for the use of the area.
(2) No person may operate a vessel in an access lane other than in
accordance with any applicable control or demarcation.
(3) A vessel must proceed by the most direct route through the
access lane on that side of the access lane that lies to the starboard (right)
side of the vessel.
(4) If any person is using an access lane for the purpose for
which it is specified, no other person or vessel must obstruct that user or
enter, remain in or use the lane or area for any other purpose.
(5) A person in charge of a vessel within an access lane must
ensure that the vessel does not obstruct or cause any danger to any other
vessel or to any other person in the access lane.
(6) Except as specified by the Harbourmaster, a person must not
anchor or moor a vessel in an access lane.
(7) An access lane is 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) adequate signage in the vicinity of
the access lane that declares the purpose of that lane.
Explanatory note: The controls made under the
Navigation Safety Bylaw 2014 contain maps showing areas of navigable water
permanently reserved as access lanes by the Harbourmaster, for the purpose of
high speed access to and from the shore, when undertaking water skiing and
similar activities.
24 Reserved
areas
(1) The Harbourmaster may reserve an area of
navigable water permanently for a specified purpose and period and specify
controls for the use of the reserved area.
Explanatory note: The controls made under the
Navigation Safety Bylaw 2014 contain maps showing areas of navigable water
permanently reserved by the Harbourmaster for specified purposes and use.
25 Special
reserved areas
(1) A person that intends to conduct a sporting
event, training activity, ceremonial or customary event or any other organised
water activity on navigable water must obtain approval from the Harbourmaster
if the activity is likely to affect normal operation of another vessel or any
other user of the water, by:
(a) requiring temporary suspension of
the relevant speed clause(s) and any other relevant clause of this bylaw;
(b) require an area to be temporarily
reserved for a specific area for the purpose of the event; or
(c) require temporary installation of course markers or similar
such structures in the water.
(2) The Harbourmaster may require an area to be temporarily
reserved for an activity referred to in subclause (1).
(3) An application to temporarily reserve an area of navigable
water must be made in accordance with the requirements of the Harbourmaster, in
the prescribed form and be accompanied by payment of the application and
processing fees and such further supporting information as the Harbourmaster
may require to enable processing of the application.
(4) An application to temporarily reserve an area of navigable
water may be granted or refused at the discretion of the Harbourmaster, upon
such terms and conditions as the Harbourmaster thinks fit.
(5) The Harbourmaster may recover any costs associated with the
reservation of the area of navigable water from the applicant.
26 Conduct
in reserved areas
(1) No person may operate a vessel in a reserved area other than
in accordance with any applicable control or demarcation.
(2) A person must not enter into a reserved area for any other
purpose than that specified by the Harbourmaster.
(3) If any person is using a reserved area for the purpose for
which it is specified, no other person or vessel must obstruct that user or
enter, remain in or use the area for any other purpose unless with the approval
of the Harbourmaster.
(4) Adequate signs must be provided in the
vicinity of a permanent reserved area that:
(a) defines the area; and
(b) declares the purpose for which the area has been reserved.
(5) If the area is demarcated on shore, it is marked by black
posts with white horizontal bands.
(6) If the reserved area is marked at sea, it is marked by black
buoys with white bands.
Part 6
Operating Requirements
27 Obstructions
(1) A
person must not obstruct the navigation of any navigable waters or the access
to any wharf, landing place, boat ramp, slipway, navigation channel or mooring,
without the prior written approval of the Harbourmaster.
(2) A person must not place any obstruction,
including a vessel or fishing apparatus, in, over or near any navigable waters,
if this is likely to:
(a) restrict navigation;
(b) cause or have potential to cause,
injury or death to any person;
(c) cause damage to any vessel or any
property; or
(d) restrict access to or use of any lawfully established mooring.
(3) A
person must not leave equipment, stabilizers, booms, cranes, davits or other
equipment extending over the side of a vessel so as to cause a hazard to
another vessel.
28 Discharges
(1) No
person shall discharge, drop, cause or allow to be discharged into navigable
waters any cargo or anything from any vessel, wharf or from land that may
constitute a danger to navigation safety.
29 Navigation
aids
(1) The
Harbourmaster may require a person to erect or maintain a navigation aid.
(2) A
person must not erect or alter a navigation aid without the prior written
approval of the Harbourmaster and Director.
(3) A
person must not tie a vessel to any navigation aid, unless they have the prior
approval of the Harbourmaster.
(4) A
person must not damage, remove, deface or otherwise interfere with any beacon,
navigation mark, buoy, light or other navigation aid.
(5) A
person must not erect any light or structure that may be mistaken as a
navigation aid without the prior written permission of the Harbourmaster.
30 Sound
and light signals
(1) A
person must not fit to any vessel, or use any lights, sirens or other sound
that are not prescribed in a Maritime Rule, without the approval of the
Harbourmaster.
(2) A
person must not blow or sound the whistle, siren or horn of a vessel unless it
is being used as a navigation safety signal or for the testing of equipment.
(3) Subclause
(2) does not apply to horns, whistles or sirens used for the purposes of a sporting
event or a celebration event, provided they are used in locations where there
will be no confusion to any other person about the navigation safety signal.
(4) A
person must not fit to any vessel or use any blue flashing light or siren,
unless the vessel is operated by police, customs, the Harbourmaster or a vessel
approved by the Harbourmaster.
(5) A
person must not fit to any vessel or use any purple flashing light unless the
vessel is being used specifically for an emergency response. A purple flashing
light must only be used when actively involved in responding to an accident or
incident. This light implies no status for the vessel and must be used for the
minimum time possible.
(6) A
fast passenger ferry must display an orange flashing light when it is not made
fast to the shore or is not at anchor.
31 Vessels
to carry navigational equipment
(1) The
person in charge of a vessel must ensure that the vessel has at all times on
board appropriate means to navigate safely for the intended voyage.
(2) This clause does not apply to:
(a) a person participating in a board
sport;
(b) a vessel being used in any sporting
event or training activity, if there is a support vessel in attendance that is
able to provide safe navigation in accordance with this clause.
32 Means of
communication
(1) A person in charge of a vessel must be able
to communicate with a land based person from any area where the vessel is
intended to be operated for the duration of the voyage.
(2) Any communication equipment carried on board a
vessel must be in good operative condition.
(3) Subclause (1) does not apply to a vessel
being used in any sporting event or training activity, if there is a support
vessel in attendance that is carrying a means of communication in accordance
with this clause.
33 Visibility
of paddle craft
(1) A
person must not operate a paddle craft of less than seven metres beyond
sheltered waters unless the person in charge of the vessel has taken steps to
ensure its visibility to other vessels.
34 Vessels
to be identified
(1) A
person must not use a vessel on navigable waters unless it displays a name,
consisting of letters the Roman alphabet or numbers that are not the vessel’s
brand, make or model, and that is distinct to that vessel.
(2) Subject to clause (3), this clause does not
apply to:
(a) non-mechanically powered vessels of
less than six metres in length; and
(b) power driven vessels of less than four metres in length.
(3) Non-mechanically
powered vessels and power driven vessels referred to in subclause (2) must be
marked with the current owner’s name and contact details somewhere on the
vessel.
(4) The
name, identification mark or number referred to in subclauses (1) must be
displayed above the waterline on each side of the vessel by the person in charge
of the vessel. The minimum height of the name, identifying mark or
identification number is 90 millimetres and it must be legible by day from a
distance of at least 50 metres.
35 Aircraft
(1) A
person in charge of a vessel must not impede an aircraft in the process of
landing or taking off.
(2) Except in an emergency, a person must not
take off, land or attempt to take off or land an aircraft:
(a) on navigable waters; or
(b) from any vessel, wharf, quay, jetty
or pontoon or structure within a coastal marine area;
without
the permission of the Harbourmaster.
36 Prohibited
and restricted anchorages
(1) Except in an emergency, a person must not:
(a) anchor or moor a vessel within a
prohibited anchorage under this bylaw without the prior approval of the Harbourmaster;
(b) anchor a vessel within a restricted
anchorage under this bylaw unless the vessel is kept ready to make immediate
departure and an anchor watch on board the vessel is maintained at all times.
Explanatory
note: The controls made under the Navigation Safety Bylaw 2014 contain maps
showing areas of navigable water permanently reserved by the Harbourmaster as
prohibited and restricted anchorage areas.
The
restrictions do not apply to commercial vessels that have been directed to use
one of the named anchorages by the Harbourmaster. Vessels may apply to the
Harbourmaster for approval to anchor in these areas for commercial,
engineering, construction, or scientific purposes. Requests must be directed to
the Harbourmaster’s office.
37 Limitation
on anchoring
(1) A
vessel must not be anchored within the same or proximate location for longer
than 14 consecutive days without the prior approval of the Harbourmaster.
(2) A
person must not leave any vessel unattended at any wharf, breakwater, ramp or
pontoon without permission of the facility owner or on the beach or foreshore
except in an area specified for this purpose by the Harbourmaster.
(3) Subclause
(2) does not apply to small vessels that are left on any beach or foreshore for
a period of 48 hours or less.
38 Vessels
to be adequately anchored, moored or secured
(1) The owner and/or person in charge of a vessel
when not underway must be responsible for ensuring that:
(a) it is securely anchored or moored;
and
(b) that any mooring used is of adequate specifications (size,
type, displacement) to safely accommodate the vessel to be moored.
(2) Unless otherwise authorised by the
Harbourmaster, a person in charge of a vessel must not moor or anchor the
vessel in a location where the vessel could:
(a) obstruct the passage of other
vessels in a navigation channel;
(b) obstruct the approach to a wharf,
quay, jetty or pontoon;
(c) create a hazard to other vessels at
anchor or on a mooring; or
(d) create a hazard for any person.
(3) A person must not moor a vessel to any
mooring within a mooring zone unless:
(a) the mooring is an authorised
mooring; and
(b) the Harbourmaster has issued a
mooring licence for the vessel at that mooring site; or
(c) the vessel has been authorised to moor at that mooring site by
the mooring site holder and the Harbourmaster.
(4) A person must not cut, break, destroy, or
otherwise tamper with:
(a) the anchor or mooring of any
vessel; or
(b) the securing of any vessel at a wharf, quay, jetty or pontoon.
(5) If
required by the Harbourmaster, the owner or person in charge of the vessel
berthed at a wharf, or at anchor must maintain a person on board to keep a
watch.
Part 7
Licenses, permits and administrative
matters
39 Registration
of personal water craft (jetski)
(1) A
person must not use a personal water craft on navigable waters unless it has a
current registration with the Harbourmaster or another New Zealand regional
council and displays an identification number issued by the Harbourmaster or
that other regional council.
(2) A
person must submit to the Harbourmaster a change of ownership form within 30
days of disposing or selling a personal water craft.
40 Moorings
to be licensed
(1) A
person must not place a mooring in any navigable water without the approval of
the Harbourmaster and may only be placed in accordance with a mooring licence
issued by the Harbourmaster.
(2) A
mooring licence may not be issued for a mooring site that is not within a
mooring zone or that has not been granted a resource consent.
41 Application
for a mooring licence
(1) An
application for a mooring licence must be made in the prescribed form, describe
the location and features of the proposed mooring site and the specifications
of the mooring for which the licence is sought and be accompanied by payment of
the application and processing fees and such further supporting information as
the Harbourmaster may require to enable processing of the application.
(2) An
application for a moorings licence may be granted or refused at the discretion
of the Harbourmaster, upon such terms and conditions as the Harbourmaster
thinks fit.
(3) A
moorings licence is personal to the holder and the vessel specified therein is
not transferable without the prior approval of the Harbourmaster.
(4) The
prior approval of the Harbourmaster must be obtained by the licence holder of
the mooring for occupation by another vessel and the harbourmaster must be
provided with the vessel’s name, type, length, size and owner’s contact
details.
42 Consideration
of application for a moorings licence
(1) When considering an application for a
moorings licence and the conditions to be imposed under it, the Harbourmaster
may take into account matters relating to the suitability of the applicant to
hold a licence including but not limited to the following:
(a) if the mooring site is located in a
mooring zone;
(b) if there is adequate space at the
mooring site for the proposed mooring and vessel;
(c) if the mooring is of adequate
specifications to accommodate the proposed vessel to be moored;
(d) if the vessel can be safely
navigated to and from the mooring site;
(e) any public health and safety risks
of the mooring site, including if the mooring may diminish the level of safety
for other activities in the vicinity, or cause congestion or jostling for
position or other unsafe practices.
43 Conditions
of licence
(1) The terms and conditions upon which a mooring
licence may be granted include, but are not limited to the following:
(a) the location of the mooring;
(b) the type, size and length of the
specified vessel that may be attached to the mooring;
(c) the design and specifications of
the mooring;
(d) maintenance requirements;
(e) the type of buoy or float with which the owner of a mooring
must mark the location of the mooring when it is not being used by a vessel.
(2) The licence is to be held by the licence
holder subject to the following additional terms and conditions:
(a) the licence will be issued annually
upon full payment of the annual mooring licence fee;
(b) the licence period applies from 1 July to the following 30 June
each year.
44 Transfer
of ownership and termination of mooring licences
(1) An
application for the transfer of a mooring licence must be made in the
prescribed form, and be accompanied by payment of the application and
processing fees and such further supporting information as the Harbourmaster
may require to enable processing of the application.
(2) When a licence holder applies to the
Harbourmaster seeking approval for the transfer of a mooring licence to another
person, the Harbourmaster may approve the transfer if:
(a) all mooring licence fees, including
the transfer fee are fully paid;
(b) the mooring has a current
inspection certificate required under this bylaw;
(c) the mooring specification and
design are adequate to accommodate the proposed vessel to be moored;
(d) the new mooring owner agrees to the terms and conditions
specified in the original licence.
45 Maintenance
and construction requirements
(1) The
Harbourmaster may set mooring maintenance and construction guidelines for any
type or class of mooring; and set controls governing the weight, size and
length of mooring components.
(2) The
owner of a swing mooring or a pile mooring must maintain his or her mooring in
a proper state of condition and repair and must comply with the mooring
guidelines set by the Harbourmaster.
(3) The
owner of a mooring must obtain a current mooring inspection certificate for the
mooring.
(4) The
Harbourmaster may issue a mooring inspection certificate after the inspection
has taken place and payment of the inspection fee has been received.
(5) A
mooring owner may carry out maintenance after removing the mooring from the
water, provided the inspection fee has been paid and arrangements are made by
the mooring owner for inspection of the mooring by the Harbourmaster and the
payment of the inspection fee prior to being reinstated
(6) The
Harbourmaster may inspect all the components of pile moorings at suitable
intervals and notify the mooring owner if parts must be replaced or if
maintenance must be carried out. Replacement of parts or maintenance must be
carried out within the advised timeframe. Replacement of the piles will be
notified and coordinated by the Harbourmaster at the recommended guideline
interval.
(7) The
Harbourmaster may cancel the mooring licence for any mooring that does not hold
a current mooring inspection certificate and may remove or dispose of the
mooring and any vessel on the mooring.
(8) All
costs associated with the inspection, maintenance and replacement of components
must be borne by the mooring owner.
46 Powers
of Harbourmaster with respect to moorings and vessels on moorings
(1) The
Harbourmaster may at any time after giving due written notice, cancel a mooring
licence where the licence holder fails to comply with the terms and conditions
of the mooring licence or any other clause under this section of the bylaw.
(2) If
a mooring licence has been cancelled, the Harbourmaster may require the mooring
owner to remove the mooring. The mooring owner must remove the mooring within
the timeframe specified by the Harbourmaster. If the mooring owner fails to
remove the mooring in the specified timeframe, the Harbourmaster may remove the
mooring and any vessel occupying the mooring be removed and the Harbourmaster
may recover the costs from the licence holder or from the sale of the mooring
and/or vessel.
(3) If
any annual mooring licence fee or other charge required by the Harbourmaster
under this bylaw remains unpaid for a period of two months, then the Harbourmaster
may remove the mooring and detain the vessel using the mooring, until such fee
or charge, including the cost of removing the mooring and storing the vessel,
have been paid. If the debts have not been paid and discharged within a further
two months, the Harbourmaster may dispose of the mooring and/or vessel or sell
the mooring and/or vessel to recover the debt.
(4) The
Harbourmaster may remove any mooring that is unauthorised under the Unitary
Plan or is unlicensed pursuant to the provisions of this bylaw. If any vessel
is using the unauthorized mooring, the Harbourmaster may detain the vessel
until the cost of removing the mooring and storing the vessel has been paid. If
the debts have not been paid and discharged within a further two months, the
Harbourmaster may dispose of the mooring and/or vessel or sell the mooring
and/or vessel to recover the debt.
47 Liability
of the council
(1) The council is not liable for:
(a) any damage to vessels which have
not been securely moored;
(b) any damage to a vessel(s) which results from any actions taken
by the Harbourmaster to secure a vessel, in the event of a storm or other
adverse event.
(2) The
council is not liable for any damage to a vessel tied to a mooring, whether the
damage is caused by a third party, a natural disaster or event, natural
processes or by any other cause.
(3) The
council is not liable for any damage to a vessel that the Harbourmaster secures
or removes under this bylaw.
48 Removal
of vessels
(1) Where
a vessel breaks free from or drags its mooring, or causes an obstruction or is
endangering another vessel or causing or resulting in a navigational safety
issue or is sinking or has become unseaworthy, the Harbourmaster may remove or
secure that vessel at the owner's risk.
(2) The
cost associated with the removal and storage of or securing a vessel is
recoverable from owner of the vessel and/or the mooring licence holder.
(3) If
the owner of the vessel or the licence holder cannot be located, or fails to
pay for any storage cost, the Harbourmaster may recover cost from the sale of
the vessel, its fittings, equipment and cargo.
49 Ongoing
use of a mooring
(1) A
holder of a mooring licence must not leave a mooring vacant or unattended for
longer than six months without the prior written approval of the Harbourmaster.
50 Hot work
operations
(1) A
person conducting hot work operations on a vessel must comply with the current
edition of the Code of Safe Working Practices for Merchant Seafares (Maritime
New Zealand).
(2) The
person in charge of a vessel must before any hot work operations are commenced,
obtain the written approval of the owner or manager of the facility at which
the operations are to be conducted.
(3) The
person in charge of a vessel must ensure that before any hot work operations
are commenced, he or she take all precautions for the detection, prevention,
and extinguishing of fire on board the vessel or elsewhere, as a result of hot
work operations. Provision must be made for the continuance of the precautions
until the operations are complete.
(4) In
any case where the Harbourmaster is not satisfied adequate precautions have
been taken, the Harbourmaster may forbid any hot work operations to commence,
or continue, until he or she is satisfied adequate precautions have been taken.
51 Vessels
carrying dangerous goods as cargo
(1) The
person in charge of a large vessel carrying dangerous goods as cargo must
notify the berth operator, and the Harbourmaster if requested, in writing at
least 48 hours prior to the vessel’s arrival at the pilotage area.
(2) Notification
to the berth operator and/or the Harbourmaster must include full details of all
dangerous goods on board as cargo and include the hazard classification, net
quantity, packing group, stowage position and whether the cargo is for
discharge or transit.
52 Fuel oil
operations and bunkering
(1) The
person in charge of the vessel must ensure that bunkering operations are
carried out in accordance with Maritime Protection Rules and/or the vessel’s
approved Shipboard Oil Pollution Emergency Plan.
(2) Twenty
four hours before the commencement of any bunkering operation from a road
tanker or vessel, the person in charge of a vessel must notify the
Harbourmaster in writing on the prescribed form.
(3) In
any case where the Harbourmaster is not satisfied adequate precautions have
been taken, the Harbourmaster may prohibit the operations to commence, or
continue, until her or she is satisfied adequate precautions have been taken.
Part 8
Large vessels
53 Navigating
with inoperative equipment
(1) The person in charge of a large vessel
operating in Auckland’s navigable waters must report to the Harbourmaster any
navigational or manoeuvring equipment which is inoperative or otherwise
malfunctioning
(a) prior to entering Auckland’s navigable
waters, or departing from any berth or anchorage within Auckland;
(b) at least 24 hours in advance, (or if this is not possible as
soon as practicable) when a vessel is intending to enter into, or navigate
within any pilotage area.
(2) Any
large vessel with deficient or inoperative navigation or manoeuvring equipment
may not enter into, or depart any wharf or anchorage within a pilotage area,
without the prior approval of the Harbourmaster.
(3) A report to the Harbourmaster made under this
clause may be directed to:
(a) the Harbourmaster via the duty
officer by telephone;
(b) “Auckland Harbour Control” on VHF ch 12.
(4) Approval granted by the Harbourmaster may be
relayed to the person in charge of the vessel via:
(a) the Harbourmaster via the duty
officer; or
(b) Auckland Harbour Control on VHF ch 12.
54 Duty of
person in charge of a vessel under 500 gross tonnage
(1) The
person in charge of a vessel under 500 gross tonnage must not allow their
vessel to impede the navigation of any large vessel if the vessels are in a
pilotage area.
55 Moving
prohibited zone
(1) A
moving prohibited zone extending to 100 metres astern and 100 metres to each
side of a large vessel, and continuing at such width to 500 metres ahead,
following the line of the buoyed channel when changing course, is reserved
around a large vessel, when that large vessel is underway within the pilotage
areas of Auckland (excluding Tamaki River) and Manukau.
(2) When
navigating within a marked channel, the moving prohibited zone to the side of
the large vessel is reduced to the width of the marked channel and the zone
ahead of the large vessel must follow the line of the marked channel.
(3) The
owner or person in charge of a vessel must not navigate the vessel within the
moving prohibited zone of a large vessel, within the pilotage area of Auckland
(excluding Tamaki River) and Manukau.
(4) For
the purpose of this clause, a tug and barge is considered a composite unit.
56 Areas of
restricted access for large vessels
(1) The
Harbourmaster may specify an area of navigable water as restricted to large
vessels and specify controls for the use of the area.
(2) The
owner and/or person in charge of a large vessel must not allow their vessel to
enter into an area of restricted access to large vessels without the prior
written approval of the Harbourmaster.
Explanatory note: The controls made under the
Navigation Safety Bylaw 2014 contain maps showing areas of navigable water
permanently reserved by the Harbourmaster as restricted access to large
vessels.
57 Automatic
identification system
(1) The
Harbourmaster may require the owner of a commercial fast vessel to install a
functioning Automatic Identification System.
(2) A
person must not operate a fast commercial vessel within the Auckland pilotage
area when the Harbourmaster has declared the area affected by fog, or operating
under a fog routine, unless it has on board a fitted and operational Automatic
Identification System.
(3) A
person must not operate a large vessel within the pilotage areas of Auckland or
Manukau, without a pilot embarked, unless it has on board a fitted and
operational Automatic Identification System.
Part 9
Specific restrictions in lanes, zones
and areas
58 Operation
of commercial fast vessels
(1) The
Harbourmaster may require the owner or person in charge of a commercial fast
vessel to operate the vessel in accordance with a Navigation Safety Operating
Plan that meets the requirements of the Harbourmaster.
(2) If
the Harbourmaster requires a Navigation Safety Operating plan, a person must
not operate a commercial fast vessel unless in accordance with the approved
plan.
59 Motuihe
Channel fast passenger ferry lane
(1) The
Harbourmaster may specify an area of navigable water within the Motuihe Channel
to be a fast passenger ferry lane and specify controls for the use of the area.
(2) The person in charge of a vessel within the
Motuihe Channel fast passenger ferry lane must ensure their vessel or any
person on their vessel does not:
(a) engage in fishing, or set or lay any
fishing apparatus;
(b) anchor; or
(c) impede the passage of a fast passenger ferry.
(3) Subclause (2)(c) does not apply to any vessel
that is:
(a) under pilotage when the holder of a
Pilotage Exemption Certificate has command of the vessel (other than a
passenger ferry); or
(b) a warship.
(4) The person in charge of a fast passenger
ferry passing through the Motuihe Channel must:
(a) use the fast passenger ferry lane
at all times when passing through the Motuihe Channel;
(b) navigate as close to the edge of
the fast passenger ferry lane that lies on the vessel’s starboard side as is
safe and practicable (to allow safe port to port passing) and;
(c) proceed along the fast passenger ferry lane from Emu Point to
Otahuhu point (north-easterly direction) or in the opposite direction
(south-westerly direction).
Explanatory note: The
controls made under the Navigation Safety Bylaw 2014 contain maps showing areas
of navigable water permanently reserved by the Harbourmaster, which includes
the area reserved as the Motuihe Channel Fast Passenger Ferry Lane.
60 Waitematā
Harbour restricted zone
(1) The
Harbourmaster may specify an area of navigable water within the Waitematā Harbour
as a restricted zone and specify controls for the use of the area.
(2) A power driven vessel within the Waitematā Harbour
restricted zone must not:
(a) exceed a proper speed of 12 knots;
nor
(b) use an automatic steering device.
(3) Clause (2) does not apply to:
(a) vessels operated by the police,
customs, the Harbourmaster or a vessel approved by the Harbourmaster that used
during the performance of official duties in circumstances where persons on
board are unable to undertake their duties without exceeding 12 knots; or
(b) emergency response vessels
responding to an accident or incident where there is grave and imminent danger
to life or property; or
(c) fast passenger ferries for which the Harbourmaster has granted
written exemption on a scheduled passage and visibly displaying flashing orange
lights.
Explanatory note: The controls made under the Navigation Safety Bylaw
2014 contain maps showing areas of navigable water permanently reserved by the
Harbourmaster, which includes the area reserved as the Waitematā Harbour
Restricted Zone.
61 Harbour
bridge precautionary area
(1) The
Harbourmaster may specify an area of navigable water around the Auckland
Harbour Bridge as a precautionary area and specify controls for the use of the
area.
(2) The person in charge of a vessel within the
Auckland Harbour Bridge precautionary area must ensure their vessel or any
person on their vessel does not:
(a) impede the passage of a warship;
(b) impede the passage of a passenger
ferry;
(c) impede the passage of a large
vessel;
(d) moor or anchor;
(e) engage in fishing.
Explanatory note: The controls made under the Navigation Safety Bylaw
2014 contain maps showing areas of navigable water permanently reserved by the
Harbourmaster, which includes the area reserved as the Harbour Bridge
Precautionary Area.
62 Kawau
Island restricted speed area
(1) The
Harbourmaster may specify a restricted speed area at Kawau Island and specify
controls for the use of the area.
(2) The
person in charge of a vessel within the Kawau Island restricted speed area must
ensure their vessel does not exceed a proper speed of 5 knots.
Explanatory note: The
controls made under the Navigation Safety Bylaw 2014 contain maps showing areas
of navigable water permanently reserved by the Harbourmaster, which includes
the area reserved as the Kawau Island restricted speed area.
63 Auckland
ferry terminal basin
(1) The
Harbourmaster may specify an area of navigable water around the Auckland ferry
terminal basin as a restricted area and specify controls for the use of the
area.
(2) The
person in charge of a vessel must not allow their vessel to enter into the
Auckland ferry terminal basin.
(3) This clause does not apply to
(a) passenger ferries;
(b) vessels authorised to use Auckland
Transport and Waterfront Auckland owned facilities within the Auckland ferry
terminal basin; or
(c) an emergency response vessel.
Explanatory
note: The controls made under the Navigation Safety Bylaw 2014 contain maps
showing areas of navigable water permanently reserved by the Harbourmaster,
which includes the area reserved as the Auckland ferry terminal basin.
64 Manukau
Harbour bar crossing
(1) The
person in charge of a large vessel must not allow that vessel to transit the
Manukau Harbour bar between sunset and sunrise.
Part 10
Tankers, hazardous cargoes, hazardous
works, fuel oil transfers and dangerous materials
65 Explosives
safety zone
(1) The
Harbourmaster may specify an area of navigable water as an explosives safety
zone and specify controls for the use of the zone.
(2) A
person in charge of a vessel carrying or intending to load or discharge
explosive substances must do so at an approved berth facility or at an
explosives safety zone.
(3) A
vessel must not enter any explosives safety zone without the prior approval of
the Harbourmaster.
(4) A
vessel must not enter an explosives safety zone while any vessel is anchored,
or berthed in the area and is showing Flag B on its mast.
(5) The
person in charge of a vessel carrying explosive substances at an anchorage or
berth must comply with the directions of the Harbourmaster or an enforcement
officer with regard to placement of the vessel or movement through navigable
water.
Explanatory note: The
controls made under the Navigation Safety Bylaw 2014 contain maps showing areas
of navigable water permanently reserved by the Harbourmaster as the Explosives
safety zones.
66 Vessels
carrying explosive substances as cargo
(1) The person in charge of a vessel must not
allow that vessel to approach within 200 metres of another vessel that is
carrying or loading explosive substances, except:
(a) with the written permission of the
Harbourmaster or an enforcement officer;
(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.
(2) The person in charge of a vessel carrying
explosive substances must not allow that vessel to approach within 200 metres
of any other vessel, except:
(a) with the written permission of the
Harbourmaster or an enforcement officer;
(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.
67 Signals to be displayed
(1) The person in charge of a vessel that carries
bulk oil or explosive substances as cargo or intends loading bulk oil or
explosive substances as cargo must:
(a) hoist Flag B on a prominent place
on the vessel where it can best be seen from all directions, after sunrise; and
(b) display a red light where it can
best be seen from all directions after
sunset.
68 Duties
of person in charge of the vessel while tanker is in port
(1) The
person in charge of a tanker must comply with the current edition of the
International Safety Guide for Tankers and Terminals (ISGOTT), and ICS Tanker
Safety Guide Chemicals.
(2) The person in charge of a tanker must:
(a) berth or moor the vessel only at
Wynyard Wharf, the navy base at Devonport or other places authorised in writing
by the Harbourmaster;
(b) keep the tanks containing products
closed, except when opened for loading or discharging; and
(c) ensure that sufficient motive power
is available at all times to enable the vessel to be moved immediately from the
berth in case of fire or other emergency.
69 Tankers not to lie close
to other vessels
(1) Except if instructed
otherwise by the Harbourmaster, the person in charge of a tanker must ensure
that, except for the purpose of transshipment, the vessel does not lie within
30 metres of another vessel.
Part 11
Pilot and pilot exempt master operations
70 Log of
transits in pilotage area
(1) Every pilot and pilot
exempt master must submit a log of their transits within the pilotage area to
the Harbourmaster annually by the 31st of March each year. The log must contain
as a minimum, date and time of transit, vessel name, gross tonnage and length.
71 Passage Plan
(1) Every
pilot and pilot exempt master must make use of a passage plan for every
intended voyage and vessel movement.
(2) The person in charge of a large vessel,
within a pilotage area, must ensure the number of crew members on the bridge is
sufficient to safely carry out the passage plan.
72 Bridge team composition
(1) In
determining the composition of the bridge team, due regard shall be taken of
the need to steer, operate manoeuvring equipment, monitor the progress of the
vessel visually, use all available aids to navigation and refer to an
appropriate navigational chart.
(2) Every
vessel within the pilotage area, under pilotage or when the holder of a
Pilotage Exemption Certificate has conduct of the vessel, must navigate only
within marked channels.
Part 12
Licensing of commercial vessels for
hire or reward
73 Vessels
to be licensed
(1) Any
person who operates a commercial vessel for hire or reward that is not licensed
subject to the relevant maritime rules must obtain a licence to do so from the
Harbourmaster.
(2) The
holder of a licence must comply with the conditions of the licence and failure
to do so is a breach of the bylaw and the Harbourmaster may withdraw the
licence.
(3) Applications
for licences must be made in the prescribed form, describe the activities in
respect of which the licence is sought and be accompanied by payment of the
application and processing fees and such further supporting information as the
Harbourmaster may require to enable processing of the application.
(4) The
holder of an existing licence may apply to the Harbourmaster for a renewal of
that licence.
(5) Licences
may be granted or refused at the discretion of the Harbourmaster, upon such
terms and conditions as the Harbourmaster thinks fit.
(6) A
licence is personal to the holder and to the vessel specified therein and is
not transferable.
(7) Every
licence must be available for inspection at any time by the Harbourmaster, an
enforcement officers or honorary enforcement officer or any prospective client
of the operation.
74 Consideration
of application for licence
(1) When considering an application for a licence and the conditions to be
imposed under it, the Harbourmaster may take into account matters relating to
the suitability of the applicant to hold a licence including but not limited to
the following:
(a) the applicant’s experience,
reputation and track record in the industry;
(b) public health and safety risks of
the operation, including if the operation may diminish the level of safety for
other activities in the vicinity, or cause congestion for position or other
unsafe practices, at points of embarkation/ disembarkation or at any place en
route;
(c) the terms and conditions under
which the operation is licensed and the existence of or need for any statutory
approvals, authorisations or consents required to be held or complied with in
respect of such operation;
(d) the frequency and location of the
operation;
(e) the specifications of the vessel and equipment to be used
during the operation.
75 Conditions
of licences
(1) The terms and conditions upon which a licence may be
granted include, but are not limited to the following:
(a) term of the licence;
(b) licence fee – the licence holder must
pay an annual licence fee in an amount determined by the Harbourmaster from
time to time and publicly notified;
(c) defining points of embarkation/
disembarkation;
(d) defining the area or route of
operations;
(e) limiting the number of passengers
or quantity of freight;
(f) limitations in respect of weather
or operating hours;
(g) any requirements for rescue vessel;
(h) requirements for safety equipment;
(i) the level of instruction to be
given to persons hiring a vessel;
(j) the qualifications required by the
person in charge of the vessel.
Part 13
Enforcement Powers, Offences,
Penalties, Exceptions Transitional Provisions and Revocation
76 Compliance
with the bylaw
(1) The
Harbourmaster may use its powers under the Act and maritime rules and/or the
Local Government Act 2002 and regulations to enforce this bylaw.
(2) The
Harbourmaster, enforcement officer, honorary enforcement officer or police
officer may direct any vessel or person to take any action they deem necessary
to ensure compliance with the maritime rules and this bylaw.
(3) Any
licence, written approval, permission or exemption required by this bylaw must
be kept on board the vessel or carried by the holder and must be produced
forthwith on request by the Harbourmaster, an enforcement officer, honorary
enforcement officer or police officer.
77 Bylaw
breaches
(1) A
person who fails to comply with this bylaw commits a breach of this bylaw and
is liable to a penalty under the Act and maritime rules and/or the Local
Government Act 2002 and regulations.
(2) A
person who fails to comply with an instruction given to that person by the
Harbourmaster, an enforcement officer, honorary enforcement officer or the
police under this bylaw commits a breach of this bylaw and is liable to a
penalty under the Act and maritime rules and/or the Local Government Act 2002
and regulations.
(3) Notwithstanding
clause 9(2), an enforcement officer may instruct any person on board a small
recreational vessel to wear a personal flotation device at any time.
(4) The
owner and person in charge of a vessel are jointly and severally responsible
for compliance with this bylaw.
(5) If
no person is placed in charge of a vessel, the owner of the vessel is
responsible for compliance with this bylaw.
78 Intervention
by the Harbourmaster
(1) In
any case where the Harbourmaster is not satisfied adequate precautions have
been taken to ensure the health or safety of any person or the public or to
avoid damage to any vessel, structure, wharf or the environment, the
Harbourmaster may prohibit or restrict the activity until it is satisfied
adequate precautions have been taken.
79 Non-compliance
with conditions of a licence
(1) Where a licence holder does not comply with
the terms and conditions of the licence, the Harbourmaster may take one or more
of the following steps:
(a) Issue a written warning to the
holder of the licence, which may be considered as evidence of a prior breach of
a licence condition during any subsequent review of the licence;
(b) Review the licence, which may
result in:
(i) amendment of the licence; or
(ii) suspension of the licence; or
(iii) withdrawal of the licence.
(c) Enforce any breach of this bylaw, as provided for under the Act
and maritime rules and/or the Local Government Act 2002 and regulations.
80 Removal
of vessel, material, thing, cargo or matter
(1) In addition to the powers conferred on it by
any other enactment, the Harbourmaster may
(a) remove or cause to be removed from
any public place or navigable water any vessel, material, thing, cargo or
matter used or discharged in breach of the bylaw; and
(b) dispose of any vessel, material, thing, cargo or matter, if not
claimed with a reasonable time.
(2) The Harbourmaster may recover the costs
incurred by the Harbourmaster in connection with the removal of the vessel,
material, thing, cargo or matter, from:
(a) the person who committed the breach
of this bylaw; or
(b) the owner of the cargo or any other matters discharged into
navigable waters.
81 Removal
of construction
(1) The council may, pursuant
to section 163 of the Local Government Act 2002, remove or alter a work or
thing that has been constructed in breach of this bylaw and may recover any
costs of removal or alteration from the person who committed the breach.
82 Exceptions
(1) A
person is not in breach of this bylaw if that person proves that the act or
omission was in compliance with the directions of the Harbourmaster, an
enforcement officer, honorary enforcement officer or police officer.
83 Exemptions
(1) The
Harbourmaster may exempt by written approval, any person, vessel or class of
vessels from any requirements of this bylaw.
(2) In
granting any written exemption to any clause of this bylaw the Harbourmaster
must consider the effects of the exemption on public health and safety.
(3) The
Harbourmaster may revoke any exemption at any time the Harbourmaster has reason
to believe public health or safety has, or may be, adversely affected.
84 Savings
and transitional provisions
(1) Any
resolution or other decision made under the Auckland Regional Council
Navigation Safety Bylaw 2008 remains in force in the area to which it applied
until revoked or replaced by an equivalent resolution or decision made by the
Harbourmaster under this bylaw.
(2) Any licence, consent, permit, dispensation,
permission or other form of approval made under the Auckland Regional Council
Navigation Safety Bylaw 2008 continues in force but:
(a) expires on the date specified in
that approval; or
(b) if no expiry date is specified,
expires on 31 October 2015; and
(c) can be renewed only by application made and determined under
this bylaw.
(3) Any
application for a licence, consent, dispensation, permission or other form of
approval made under Auckland Regional Council Navigation Safety Bylaw 2008 that
was filed before the day on which this bylaw commences must be dealt with by
the Harbourmaster as if it had been made under this bylaw.
85 Revocation
(1) This
bylaw revokes the Auckland Regional Council Navigation Safety Bylaw 2008.
