3.16 Moorings

3.16.1 
No person may place (or have in place) a mooring in any waters, unless a mooring licence has been issued by the council.

3.16.2 
The Harbourmaster may remove, or cause to be removed, any mooring, which is either unauthorised under the Resource Management Act 1991 or is unlicensed pursuant to the provisions of this bylaw, and detain the vessel using the mooring, until such fees and charges, including the cost of removing the mooring and storing the vessel, have been fully paid and discharged.  Should such debts have not been paid and discharged within a further 60 days, the council has the right to sell the mooring and/or vessel to recover the debt.

3.16.3 
The council may, either issue or decline to issue a mooring licence for a mooring including an application to transfer a mooring licence to which subclause 3.16.9 applies.

3.16.4 
The council may, at its discretion, impose terms and conditions on the licence.  The conditions of any mooring licence issued by the council may include, but are not limited to:

• (a) The location of the mooring; 
• (b) The size and type of any vessel which may be attached to the mooring;
  (c) The design and specifications of the mooring;
• (d) A requirement for maintenance and inspections of the mooring, this will not exceed a period of three years;
• (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.  The mooring buoy must be a bright colour, preferably orange, pink or yellow, and if hollow must be filled with polystyrene beads or foam.  The mooring number must be engraved on top in lettering not less than 30mm high; 
• (f) A requirement that the owner of the mooring shall be liable in any event for the position, insufficiency or insecurity of any licensed mooring;

3.16.5 
Every mooring licence issued by the council shall apply only to the licensee.  The licence is to be held by the licensee subject to the following additional terms and conditions:

• (a) The licence shall be issued annually upon full payment of an annual mooring fee charged pursuant to the council’s Navigation, Water Transport and Maritime Safety Bylaw Charges and its Charging Policy as amended from time to time.
• (b) The licence shall apply from 1 July to the following 30 June each year.
• (c) Payment the annual mooring licence fee and acceptance thereof by the council shall constitute a renewal of the licence.

3.16.6 
The council may at any time after giving due written notice, cancel a mooring licence where the licensee fails to comply with the terms and conditions of the mooring licence or any other clause under this section of the bylaw.  There will be no refund if a mooring licence is cancelled.  Where a mooring licence has been cancelled, the Harbourmaster may request the mooring owner remove the mooring to which that licence refers.  The mooring owner shall remove the mooring within the timeframe specified by the Harbourmaster.  Where the mooring owner fails to remove the mooring in the specified timeframe, the Harbourmaster may direct that the mooring and any vessel occupying the mooring be removed and the council may recover the costs from the licensee or from the sale of the mooring and/or vessel.

3.16.7 
Should any annual mooring licence fee(s) or other charges due to the council under the provision of this bylaw remain unpaid for a period of 60 days, then the Harbourmaster may remove, or cause to be removed, the mooring and detain the vessel using the mooring, until such fee(s) and charge(s), including the cost of removing the mooring and storing the vessel, have been fully paid and discharged.  Should such debts have not been paid and discharged within a further 60 days, the council may sell or dispose of the mooring and/or vessel to recover the debt.

3.16.8 
The licensee shall not transfer or part with the licence without first completing and submitting a transfer of the mooring license form with the Northland Regional Council for registration of the transfer of ownership as provided by this bylaw.  All mooring licence fees, including the transfer fee, must be paid and the mooring must have a current inspection certificate before the transfer of the mooring licence will be registered.

3.16.9 
The mooring owner shall keep and maintain the mooring in a proper state of condition and repair.  All components of the mooring must be inspected visually at least once every three years.  The inspection must be performed by a council approved mooring contractor or a council approved construction diver.  A mooring can be lifted, dragged ashore and maintained by the mooring owner, provided arrangements are made to have a council representative inspect the mooring prior to its replacing.  All costs in having the mooring inspected shall be paid for by the mooring owner.

3.16.10
Failure to comply with Clause 3.16.9 six months after the expiry of the current inspection certificate will mean that the mooring is unfit for purpose or use.  As a result, the council may cancel the mooring licence and the Harbourmaster may direct that the mooring be removed from the water and disposed of.  Any vessel occupying the mooring may be detained until all fees and charges, including the cost of removing the mooring and storage of the vessel have been fully paid and discharged.  If after 60 days following removal of the mooring the fees and charges remain unpaid, the council may sell the vessel to recover the debt. 

3.16.11 
Where a vessel breaks free from or drags its mooring, 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 that vessel at the owner’s risk.  All costs associated with such recovery, removal and subsequent storage are recoverable from the owner of the vessel or from the mooring owner.  Where the vessel owner can not be found (after the council has made reasonable enquiries), the costs incurred by the council for recovery, removal and subsequent storage of vessel may be recovered from the sale of the vessel, fittings and any equipment onboard. 

3.16.12 
Every person commits an offence against this bylaw who moors a vessel to any mooring without the written approval of the licensed mooring owner.  Should the vessel remain on the mooring for a period longer than a specific date stipulated by the Harbourmaster, then the Harbourmaster may direct that the vessel be removed from the mooring and detained until such fees and charges including the cost of removing and storing the vessel have been fully paid and discharged.  If such debts are not paid and discharged within a further 60 days, the council has the right to sell the vessel to recover the debt.

3.16.13
If the mooring owner or their whereabouts is unknown, owing to their failure to notify the council of their change of contact details within 60 days,  the council may after a period of not less than 60 days sell the mooring in situ (if it has a current mooring inspection certificate).  If the mooring does not have a current inspection certificate, the Harbourmaster may direct that the vessel be removed from the mooring and be detained until such fees and charges including the cost of removing and storing the vessel have been fully paid and discharged.  If such debts are not paid and discharged within a further 60 days, the council has the right to sell the vessel to recover the debt or dispose of the vessel as it sees fit.

3.16.14 
Every person commits an offence against this bylaw who secures or allows to be secured any vessel to any moored vessel in a manner that is liable to:

• (a) Restrict navigation; or
• (b) Cause loss of life or injury to any person; or
• (c) Cause damage to any vessel or any property.

3.16.15 
No owner of a licensed mooring may leave a mooring vacant for a period longer than six months without the prior written permission of the Harbourmaster.

3.16.16 
Where the owner of a mooring has left the mooring vacant or unattended for a period of longer than six months without the prior written permission of the Harbourmaster, the council may cancel the licence and the Harbourmaster may direct that the mooring be removed.

3.16.17 
The Harbourmaster has the right to inspect or require inspections of any mooring and on receipt of an unfavourable report can require the owner to upgrade or repair the mooring as considered appropriate.

3.16.18 
The Harbourmaster may from time to time approve, a person(s) to lift and inspect moorings.  The person(s) shall be known as council approved mooring contractors.  Council approved mooring contractors are required to undergo an assessment by a council officer every six months to ensure certain standards are met including, but not limited to, the quality of workmanship (including welds and splices), the quality of materials used to construct and maintain moorings, and the safe operation of the vessel and associated safe work practices.

3.16.19 
The council is not liable in any event for the position, insufficiency of, or insecurity of any designated mooring area.

3.16.20 
The council shall exercise reasonable care, but shall have no liability for any damage caused by any action taken in accordance with the bylaw.  In addition, the council is not responsible for any damage or loss that may arise to any vessel or other property caused by:

• (a) Any breaking away or defect of a mooring or any part of it; or
• (b) The act of any person in causing damage to a mooring or any part of it, where the damage is caused by any vessel moored to such mooring; or
• (c) The perils of the seas, or by navigation of any vessel, or any other cause.

3.16.21 
The council may from time to time set mooring guidelines governing the weight, size and length of mooring components for vessels of a certain type, size and weight. 

3.17 Personal water craft

3.17.1 
Every personal water craft being used in or upon the waters of the Northland region must clearly display a unique number on each side of the craft, such number being a minimum height of 90 millimetres and each digit having a minimum width of 80 millimetres. 

3.17.2 
This number must be registered with the council or its agent together with the name and address of the owner.

Download jetski registration and change of address forms