3.9 Reserved areas

Subject to the provisions of the Resource Management Act 1991:

3.9.1
The council, on application or of its own mind, may from time to time, by Public Notice, and in the interests of navigation safety, reserve any specified area for a specific purpose.

3.9.2
A reservation under this bylaw may be made on such conditions, and for such period or periods, as the council may specify in the notice.

3.9.3
Every area that is reserved under this bylaw shall be indicated by notice boards that are prominently displayed on the land at the extremities of the area.

3.10 Reserved areas for special events

3.10.1

Any person intending to conduct a race, speed trial, competition or other organised water activity in any area to which this bylaw applies, may apply to the Harbourmaster (access application form on this website) to:

• (a) Temporarily suspend the application of Clause 3.2 in part or in total in that area for the purposes of facilitating the event;
• (b) Temporarily reserve the area for the purpose of that activity.

3.10.2 
Where the Harbourmaster is satisfied that the application may be granted without endangering the public, he or she may grant the application accordingly, for a period not exceeding 10 days and on such conditions as he or she may specify.

3.10.3 
No grant of an application shall have effect unless, not less than seven days or more than 14 days before the commencement of the activity, a public notice is given specifying the period of the activity and details of the suspension or reserved area.

3.10.4 
The council may recover, from the applicant, all actual and reasonable costs associated with the application, including any monitoring and advertising.

3.11 Conduct in reserved areas

3.11.1
No person may obstruct any other person while that other person is using a reserved area for the purpose for which it is reserved.

3.11.2
If any person is using a reserved area for the purpose for which it is reserved, no other person shall enter, remain in or use the area for any purpose, unless otherwise stated in Schedule 2 (Location-specific information).

3.11.3
Nothing in Clause 3.11.1 or 3.11.2 prohibits the use of emergency response craft within a reserved area.

3.11.4
The reserved areas to which these bylaws apply are those prescribed in Schedule 2 (Location Specific Information), or those notified in accordance with Clauses 3.9.1 or 3.10.3.

3.12 Marking of reserved areas

3.12.1
Adequate signs shall be provided in the vicinity of a reserved area that:

• (a) Define the area; and
• (b) Declare the purpose for which the area has been reserved.

3.12.2 
If the area is demarcated on shore, it is marked by black posts with white horizontal bands.

3.12.3 
If the reserved area is marked at sea, it is marked by black buoys with white bands.

3.12.4 
Nothing in this clause applies to reserved areas for special events made in accordance with clause 3.10.

3.13 Collision prevention

3.13.1 
No person shall operate any vessel in breach of Maritime Rule 22 (Collision Prevention), made under the Maritime Transport Act 1994.

3.13.2 
Every person commits an offence against this bylaw who, being required by an officer of the council under clause 3.13.1 of this bylaw to do anything, fails to comply with that requirement as soon as is reasonably possible.

3.14 Duty of master of a vessel under 500 gross tonnage

3.14.1 
The master of a vessel under 500 gross tonnage must not allow the vessel to impede the navigation of any vessel of 500 gross tonnage or more if the vessels are in a pilotage or harbour area.

3.15 Dive operations

3.15.1 
The master of every vessel from which dive operations are in progress must ensure that Flag A is displayed in such a manner that it can be clearly identified by the operator of another vessel at a distance in excess of 200 metres and ensure that the vessel remains within 200 metres of the divers.

3.15.2 
Every person diving from a vessel must ensure that Flag A is displayed in such a manner that it can be clearly identified by the operator of another vessel at a distance of 200 metres.

3.15.3 
Every person diving must ensure that they remain within a 200-metre horizontal radius of the Flag A being exhibited.