3.1 Minimum age for operating powered vessels
3.1.1
No person under the age of 15 years shall be in charge of, or propel or navigate, a power-driven vessel that is capable of a proper speed exceeding 10 knots unless he or she is under the direct supervision of a person over the age of 15 years who is within immediate reach of the controls, and is not the lookout person as provided for in clause 3.3.
3.1.2
The owner of a power-driven vessel that is capable of a proper speed exceeding 10 knots must not allow any person who is under the age of 15 years to be in charge of or propel or navigate that vessel, unless he or she is under the direct supervision of a person over the age of 15 years who is within immediate reach of the controls.
3.1.3
Clause 3.1.1 and 3.1.2 does not apply in respect of any person who has a written exemption from the Harbourmaster issued in accordance with a navigation bylaw, or by the Director under Maritime Rule 91.(4).
3.1.4
The Harbourmaster may issue an exemption in accordance with this bylaw that is valid for any specified place or places to a person under the age of 15 years for transport, training, competitions or other sporting events, if the Harbourmaster:
- (a) Considers that the person ─
(i) is competent to propel or navigate a power driven vessel at a proper speed exceeding 10 knots; and
(ii) is aware of relevant navigation safety rules and navigation bylaws; and
(iii) will be under adequate supervision during the proposed activity or activities.
3.2 Speed of vessels
3.2.1
No person shall, without reasonable excuse, propel or navigate a vessel (including a vessel towing a person or an object) at a proper speed exceeding 5 knots:
- (a) Within 50 metres of any other vessel, raft, or person in the water; or
- (b) Within either 200 metres of the shore or of any structure, or on the inshore side of any row of buoys demarcating that distance from the shore or structure; or
- (c) Within 200 metres of any vessel or raft that is flying Flag A of the International Code of Signals (divers’ flag).
3.2.2
No person shall propel or navigate a powered vessel at a proper speed exceeding 5 knots while any person has any portion of his or her body extending over the fore part, bow, or side of that vessel.
3.2.3
No person shall cause himself or herself to be towed by a vessel (whether or not on a water ski, aquaplane, or other similar object) at a proper speed exceeding 5 knots in any circumstances specified in Clause 3.2.1 of this bylaw.
3.2.4
No person in charge of a vessel shall permit the vessel to continue onwards, after any person being towed by that vessel has dropped (whether accidentally or otherwise) any water ski or similar object which may cause danger to any other person or vessel, without first taking appropriate action to immediately recover that water ski or similar object, unless the person has taken measures adequate to ensure that the dropped ski or similar object is clearly visible to other water users.
3.2.5
Clause 3.2.1 (a) shall not apply to:
- (a) A vessel over 500 gross tonnage, if the vessel cannot be safely navigated in compliance with this clause; or
- (b) A vessel powered by sail in relation to any other vessel powered by sail, while the vessels are participating in a yacht race or training administered by─
(i) a club affiliated to Yachting New Zealand; or
(ii) a non-profit organisation involved in sail training or racing; or
- (c) A craft training for or participating in competitive rowing or paddling; or
- (d) A tug, pilot vessel, Harbourmaster vessel, emergency response craft or police vessel, if the vessel's duties cannot be performed in compliance with this clause; or
- (e) A vessel operating in accordance with a speed uplifting established under─
(i) Schedule 2 (Location Specific Information) of this bylaw; or
(ii) Clauses 3.5, 3.8 or 3.9 of this bylaw.
- (f) 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.
3.2.6
Clause 3.2.1(b) shall not apply to:
- (a) A vessel operating in an access lane or a reserved area for the purpose for which the access lane or reserved area was declared;
- (b) A vessel operating in accordance with a speed uplifting established under─
(i) Schedule 2 (Location Specific Information) of this bylaw;
(ii) Clause 3.5, 3.8 or 3.9 of this bylaw;
- (c) A vessel over 500 gross tonnage, if the vessel cannot be safely navigated in compliance with this clause; or
- (d) A craft training for or participating in competitive rowing or paddling; or
- (e) A tug, pilot vessel, Harbourmaster vessel, emergency response craft or police vessel when the vessel's duties cannot be performed in compliance with this clause.
- (f) 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.
3.3 Wake
3.3.1
Subject to clause 3.2, every person who propels or navigates a recreational craft must ensure that its wake does not cause unnecessary danger or risk of damage to other vessels or structures, or harm to other persons.
3.4 Lookouts on vessel used for water skiing and towing
3.4.1
No person in charge of a vessel shall use it to tow any person at a speed exceeding five knots unless at least one other person is on board who is:
- (a) 10 years of age or older; and
- (b) Responsible for immediately notifying the person in charge of every mishap that occurs to the person who is being towed.
3.4.2
No person shall cause himself or herself to be towed by any vessel at a speed exceeding five knots unless at least one other person is on board who is:
- (a) 10 years of age or older; and
- (b) Responsible for immediately notifying the person in charge of every mishap that occurs to the person who is being towed.
3.5 Water skiing or towing between sunset and sunrise
3.5.1
No person shall operate, between sunset and sunrise, a vessel that is towing any person water skiing. (The times for sunset and sunrise can be found in the current edition of the New Zealand Nautical Almanac).
3.5.2
No person may cause himself or herself to be towed in the circumstances described in clause 3.5.1.
3.6 Access lanes
Subject to the provisions of the Resource Management Act 1991:
3.6.1
The council may, from time to time, by Public Notice, declare that specified area or areas of any harbour shall be an access lane for the purpose of high-speed access to and from the shore.
View access lane maps
3.7 Conduct in access lanes
3.7.1
No person shall propel, navigate, or manoeuvre a vessel in an access lane for the purpose for which it is declared except by the most direct route through the access lane and on that side of the access lane that lies to the starboard (right) side of the vessel.
3.7.2
No person shall:
- (a) While being towed by a vessel in an access lane, cause himself or herself or any water ski, aquaplane or other similar object, on or by which he or she is being towed; or
- (b) Cause any object that is being towed by a vessel in an access lane;
to travel other than by the most direct route through the access lane and on that side of the access lane that lies to the starboard (right) side of the vessel.
3.7.3
No person within an access lane shall proceed in a manner that is dangerous in relation to any vessel or other person in the access lane.
3.7.4
No person shall obstruct any other person while that other person is using an access lane for the purpose for which it has been declared.
3.7.5
If one or more persons are using an access lane for the purpose for which it is declared, no person may enter, remain in or use the lane for any other purpose.
3.7.6
The access lanes to which this bylaw applies are those prescribed in Schedule 2 (Location-specific information).
3.8 Marking of access lanes
3.8.1
Every access lane must be demarcated by:
- (a) Orange posts with horizontal black bands on shore; and
- (b) If the access lane is marked at its outer edge, it shall be marked by orange buoys with black bands; and
- (c) An adequate sign or signs in the vicinity of the access lane that declare the purpose of that lane.
View access lane maps