The Navigation Safety Bylaws 2012 for Hawke’s Bay were reviewed in 2011. This page includes the key proposals and why they were thought necessary.
The finalised bylaws are available on this website.
On this page
The Local Government Act 2002 requires Councils to review Navigation Safety Bylaws every five years. The bylaws were required to be reviewed before December 2012, but a number of significant issues were identified and the review was completed early.Submissions closed on 15 October 2011.
Summary of proposed changes and why the changes were considered necessary -
Clause 2.1-Personal Flotation Devices
2.1.2 Additional clause requiring PFD’s to be worn at all times on a craft of 6 metres or less when the craft is underway or preparing to become underway.
This clause is to align the bylaws with proposed changes to Maritime Rule Part 91 requiring PFD’s to be worn at all times on craft of 6 metres or less. Data collected by MNZ indicates that this requirement would significantly reduce the number of drownings which occur predominantly for people operating vessels less than 6 metres.
Clause 2.6 – Vessels to be adequately moored
2.6.4 Additional clause requiring vessels moored at publicly accessible berths at West Quay and the Iron Pot, to secure the vessel’s moorings with a wire strop and padlock.
This requirement has eventuated from the repeated releasing of vessel’s moorings by persons unknown, requiring a call out for Coastguard or contractor to retrieve and resecure the vessel. This has become a contentious issue as vessel owners have argued that it is not their responsibility to pay the costs involved in resecuring the vessel. A number of options were considered and Hawke’s Bay Seafoods have been involved in trialling the new security measure, which utilises keyed alike padlocks and is simple and quick to operate.
Clause 2.12 – Visibilty of kayaks and paddle craft
2.12.1 Additional clause requiring every person operating a kayak or paddle craft of less than 7 metres, to take steps to enhance the kayak’s or paddle craft’s visibility to other vessels.
This clause lists means by which a kayak or paddle craft can enhance their visibility. Visibility of kayaks and paddle craft which are very low in the water is recognised nationwide as a significant hazard which can be addressed in a number of cheap and simple ways as outlined in the recommendations.
Clause 2.13 – Identification of vessels
2.13.1 Additional clause requiring the owner and the master of a vessel to mark the vessel with name or similar identifying mark on each side of the vessel in characters a minimum of 90mm in height.
2.13.2 The clause allows non-mechanically powered vessels of less than 6 metres to be marked somewhere on the vessel with its name, or the owners name or contact details.
This clause is two fold in its purpose, in that it will assist in following up complaints received about a vessel’s behaviour, and secondly it will expedite contact with an owner when a vessel is found drifting or on the shore, thereby avoiding costly and sometimes lengthy SAR operations.
Clause 3.2 – Speed of vessels
3.2.8Additional clause which validates Surf Lifesaving New Zealand vessels operating beyond the speeds specified in Clause 3.2 when undertaking rescue operations or an approved training programme.
It is considered that Clause 3.2 restricts the ability of SLS NZ to perform essential operations and training.
Clause 3.13 – Duty of Master of vessel under 500 gross tonnage
3.13.1 Present clause is seen to conflict with 13.12.1 that requires vessels to operate in accordance with Maritime Rule Part 22 (Collision Prevention). Minor change that directs the Master not to impede the navigation of a vessel greater than 500 gross tonnage when that vessel is under the control of a pilot.
Clause 3.14 – Moving prohibited zone
3.14.3 New clause reinforcing 3.13.1, and advising Masters of vessels of greater than 500 gross tonnage that when navigating without a pilot on board they must comply with Maritime Rule Part 22 (Collision Prevention).
Clause 4.6 – Loading or discharge of cargo
Additional clause prohibiting the discharge of anything into Hawke’s Bay Regional Council navigable waters that would or may constitute a danger to navigation safety. The clause also states that in the event of the above, the person responsible is liable for the cost of removal. The clause also requires any person handling logs in the Port of Napier to monitor operations and to track any log lost into the water until the log is retrieved. There is also a requirement to notify PONL Security and the Harbourmaster when a log is lost into the water and when the log is retrieved.
Schedule S1.4 – Napier Pilotage Area
The schedule is amended to include the information presently shown in Schedule 3, and Schedule 3 is deleted.
Schedule 3 included the same map as Schedule 1.4 with only the Latitude and Longitude defining the area included. As stated above this information is now included in Schedule 1.4.
Schedule S1.6 – Sandy Bay – Hardinge Road
A new schedule introduced with the intent of protecting swimmers at Napier City’s only easily accessible sandy beach. The status quo will only be affected in that motorised vessels will be prohibited from entering the popular swimming area, but still able to launch from the adjacent boat ramp.
Schedule S1.7 – Breakwater Harbour
Additional Schedule that removes the requirements for operations within the Breakwater Harbour from Schedule 1.4, Napier Pilotage Area.
It is considered that operational requirements specific to within the Breakwater Harbour are best identified in a separate schedule. This will better direct attention to Breakwater Harbour requirements as an entity separate from the greater Napier Pilotage Area.
Schedule S2.4 – Porangahau River
Additional clause restricting the speed of vessels in an enlarged bathing area 100 metres either side of the road bridge.
This amendment resulted from informal consultation with concerned local people. After inspecting the area it was determined that the proposed bylaw allows bathers a relatively safe area, while water skiers and jet skiers would not be significantly disadvantaged. A further benefit from the proposed changes is the reduced risk to water skiers and jet skiers from contact with the bridge structure.
Schedule S2.5 – Te Paerahi Beach
Additional schedule designating a mixed surfing and bathing area, and restricting access to this area for boats launching from the beach.
The additional schedule resulted from informal discussion with concerned beach users who described the conflicts that were occurring between vehicles launching boats and beach users, and also between boats and swimmers in the water. The new schedule allows adequate launching areas for boats while prohibiting them from the area designated for swimming and surfing.
Schedule 3 – Oil Transfers
Schedule 3 replaces the present Schedule 4 – Bunkering.
Schedule 4 is incorrect and is replaced by a schedule that accurately reflects permitted bulk oil discharge operations in the PONL and Inner Harbour.
An advice note has been included to emphasise the importance of adherence to Tier 1, Site Marine Oil Spill Contingency Plans, as required by Marine Protection Rules Part 130B.