5.1 Revocation of bylaws

5.1.1
The following bylaws and all amendments are revoked.

• Northland Regional Council Navigation Safety Bylaw 2007
  

5.2 Application to master/owner

5.2.1 
Where any clause in this bylaw imposes an obligation or duty on the master of any vessel, that obligation or duty must, in the case of a vessel that has no master, be performed or carried out by the owner.

5.2.2 
Where any clause of this bylaw imposes an obligation or duty on both the master and the owner of a vessel, then, if that clause is not complied with, the master and the owner are deemed severally to have committed an offence against this bylaw.  If either the master or the owner complies with any such clause then, for the purposes of this bylaw, compliance by one is deemed to be compliance by the other.

5.3 Vessels to be licensed

5.3.1 
The owner of a vessel that is not subject to any maritime rule made under the Maritime Transport Act 1994 dealing with the operational management of the vessel must not operate that vessel for hire or reward unless it is licensed by the Harbourmaster.

5.3.2 
The owner of a vessel must not use that vessel for hire or reward in any area specified in Schedule 1 unless it is licensed by the Harbourmaster.

5.3.3 
The Harbourmaster may issue a licence in respect of clause 5.3.1 if, in the opinion of the Harbourmaster, the operation is safe and the vessel is fit for its intended purpose.

5.3.4 
The Harbourmaster may issue a licence in respect of clause 5.3.2 if, in the opinion of the Harbourmaster, the operation will not diminish the level of safety for other activities in the vicinity, or cause congestion or jostling for position or other unsafe practices, at points of embarkation/ disembarkation or at any place en route.

5.3.5 
Every licence issued by the Harbourmaster under this bylaw shall apply only to that vessel and operator(s) named in the licence.

5.3.6 
Every licence issued by the Harbourmaster must be available for inspection at any time by the Harbourmaster, or enforcement officers or honorary enforcement officers, or any prospective client of the operation.

5.3.7 
A licence may be cancelled if its terms and conditions are breached.  There will be no refund of fees if a licence is cancelled.

5.3.8 
The terms and conditions of any licence issued by Harbourmaster may include, but are not limited to:

• (a) Defining points of embarkation/ disembarkation;
• (b) Defining the area or route of operations;
• (c) Limiting the number of passengers or quantity of freight;
• (d) Any limitations in respect of weather or operating hours;
• (e) Any requirements for rescue craft;
• (f) Any requirements for safety equipment;
• (g) The level of instruction to be given to persons hiring a vessel;
• (h) The qualifications required by the person in charge of the vessel.

5.4 Fees and charges

5.4.1 
The fees and charges specified in the Northland Regional Council Navigation, Water Transport and Maritime Safety Bylaw Charges for functions, duties, powers or services carried out by the council under this bylaw must be paid on demand by the specified person or owner to the council.

5.4.2 
The council may, by Special Order or by the prescribed statutory procedure from time to time, amend the Navigation, Water Transport and Maritime Safety Bylaw Charges.

Note:

Copies of the application forms contained in schedule 3 of this bylaw can be obtained from any Northland Regional Council office from the forms section on this website