Revoke and replace the 2012 Bylaw with a new Bylaw.

Widen the coverage of the bylaw to include the navigable waters in the whole district.

Life jackets required to be worn when the vessel is underway.

NB: Find out more about the type of life jackets approved for use in New Zealand here.

Prohibit the discharge of cargo to enable Council to recover costs and provide a deterrent to discharging cargo into navigable waters through including an infringement fee.

Add a requirement to require naming or numbering of vessels over 4m long.

Require oil spill contingency plans and notification to Council when undertaking oil transfers.

Require at least two operational means of communication to be carried on vessels, as reflected in the proposed Bylaw.

Any person swimming in navigable waters more than 200 metres from shore must tow a bright coloured safety float or swim buoy or must wear a brightly coloured swim cap, unless accompanied by a support vessel.

Reduce the cray pot exclusion area within the harbour, as reflected in the maps within the new Bylaw.

Revoke the Waiapu River speed uplifting, as reflected in the Bylaw.

Changes proposed to increase readability of the Bylaw, include and formalise existing Harbourmaster directions, ensure consistency with existing national regulation, consistency where appropriate neighbouring regional councils, and make the bylaw more straightforward to administer and enforce

Reasoning

The key changes from the current approach as included in the 2012 Bylaw which fall within this proposal are as follows:

1. Add a provision stating the purpose of the Bylaw, to help readers understand the Bylaw, and to be consistent with Council’s new bylaw format.
2. Update and clarify powers and responsibilities of Harbourmaster, to reflect the powers and responsibilities given to the Harbourmaster by the Maritime Rules. This clarifies the scope of the Harbourmaster and ensures consistency with the Maritime Rules.
3. Add further general duties of people in charge of vessels, to follow best practice of noting that other legislation is relevant, and to align the responsibilities of the person in charge with current maritime law.
4. Add provision enabling flagged areas on beaches, and restricting activities within these areas. This will standardise using flagged areas of beaches for swimming, making these areas easily recognisable. Formalises the flagged swimming areas and makes it easier for council to restrict activities in or near the swimming areas.
5. Change speed of vessels rule for surf lifesaving vessels, to enable more efficient operation of surf lifesaving activities by removing the requirement for surf lifesaving club vessels to comply with speed restrictions when they are operating in accordance with all other appropriate operating procedures. This formalises the status quo as speed limits as they relate to surf lifesaving activities are not enforced. This also reflects a consistent approach with other councils.
6. Regulate how long a vessel may stay in certain locations and requiring permission for longer moorings or anchorage, to provide regulation around timeframes for anchoring and mooring at public wharves. Currently there are no time limits, and this provision enables the Harbourmaster to move vessels along if required.
7. Change designated large vessel anchoring positions to set points, to spread out anchoring positions and allow more available points. Set points were already in place via a Harbourmaster direction, and inclusion in the bylaw formalises this. Limiting the number of places where vessels can anchor manages congestion, increases safety on the water, and limits the environmental impact of the anchoring activity on the sea bed.
8. Add permitted anchorage positions for cruise ships, to future proof harbour use by providing two further anchorage positions for cruise ships. Previously these points were managed in a more ad-hoc way, and inclusion in the bylaw will formalise the approach. This gives cruise ship operators assurance and keeps other uses safe as the location of cruise ships will be known. Limiting the number of places where vessels can anchor manages congestion, increases safety on the water, and limits the environmental impact of the anchoring activity on the sea bed.
9. Regulate the use of flashing lights and sound, to increase maritime safety by clarifying when these lights and sounds can and cannot be used in navigable waters. This proposed addition ensures consistency with other regions and gives the Harbourmaster the ability to regulate the misuse of lights and sounds, so bona fide emergencies are not compromised.
10. Amend clause on moorings. To future proof the Bylaw by providing for any future moorings offered in Gisborne. While there is no current moorings/mooring areas, this makes it easier for any to be established in future by defining the process required to apply, and links moorings to the resource consenting process. This is consistent with the approach taken by other councils.
11. Amend provision on use of buoys, to clarify requirements of safe use and placement of marker buoys. This makes the rule explicit and requiring contact details to be on these buoys brings this bylaw consistent with other councils. This is likely to capture buoys attached to cray pots and fishing nets.
12. Add clause on distance from vessel showing Flag B, to require certain distance from vessels showing Flag B or a red all-round light, to reduce chances of maritime incidents. This is consistent with the Maritime Rules. Vessels are required to show Flag B if they are taking in, discharging or carrying dangerous goods.
13. Require a hot works permit before works begin to notify the Harbourmaster of the hot works (for example, welding) so any safety risks can be managed. The changes provide more clarity as to the requirements for people planning on undertaking hot works and makes the process easier to administrate and manage for the Harbourmaster.
14. Require planning and monitoring information when loading and unloading logs, to ensure any person loading or unloading logs has plans in place if logs are lost, and to assist in their recovery. This formalises the status quo and ensures the rules and expectations of information are clear.
15. Add a prohibited anchorage area shoreward of Ariel Bank to manage congestion in this area and restrict anchoring. This area is a poor holding ground, which means anchors drag easily. This is a safety issue because vessels are not properly at anchor. There is also an environmental impact of dragging anchors on the sea floor. This change formalises a Harbourmaster direction and brings it into the bylaw.
16. Clarify exemptions under the bylaw by providing that an exemption to any provision in the bylaw may be considered by the Harbourmaster and a licence to be exempt may be granted under the Local Government Act 2002. This exemption does not allow for the Harbourmaster to act outside their scope as defined within Maritime Rules and legislation.
17. Update definitions and descriptions of terms to ensure consistency with the Maritime Rules and legislation, and ensure defined terms add to the readability of the bylaw. For example, the definition of Beacon has been changed for consistency with the Maritime Rules, and a definition of Nuisance has been added to give some clarity of the meaning of that term to make it easier to understand and enforce.
18. Update and clarify offences and penalties provisions to ensure alignment with legislation and clear enforceability.
19. Update the maps to enable easier use and understanding, as well as adding additional information to maps where required by changes in the bylaw.
20. Update format and layout of bylaw clauses to be consistent with Council’s other bylaws, and to align with current best practice drafting standards. This will make the bylaw easier to read and understand.

What we decided

Make changes to increase readability, ensure consistency with national regulation and neighboring regional councils, and make the bylaw more straightforward to administer and enforce.