Minor amendments to the Navigation Safety Bylaw

The Navigation Safety Bylaw sets out the rules and regulations for people using our region's lakes, rivers and harbours for water activities and boating. The aim of the Bylaw is to ensure the safety of users on all navigable waterways in Canterbury.

We sought feedback on some proposed minor amendments to the current Bylaw, which was adopted in 2016. The proposed changes are mostly in Bylaw definitions and we consider them to have little to no impact on users.

Proposed amendments

Environment Canterbury's Council is proposing several amendments to the Bylaw. These are all minor changes to improve the clarity of the bylaw. You can read the amendments in context by downloading Proposed amendments to CRC Navigation Safey Bylaw (2016).

Details of the individual amendments in each part of the bylaw may be viewed below. Proposed additions are marked with large, red letters. Proposed deletions are marked with "strikethrough" text, eg proposed deletion.

Please note that there are no amendments proposed to Part 2 (General), Part 6 (Swing moorings) or Part 10 (Transitional provisions and revocation). The Bylaw does not alter any fees and charges, as there is a separate policy for this.

To meet the requirements of section 106A of the Local Government Act, we need to adopt the bylaw before 22 September 2023.

The Navigation Safety Bylaw sets out the rules and regulations for people using our region's lakes, rivers and harbours for water activities and boating. The aim of the Bylaw is to ensure the safety of users on all navigable waterways in Canterbury.

We sought feedback on some proposed minor amendments to the current Bylaw, which was adopted in 2016. The proposed changes are mostly in Bylaw definitions and we consider them to have little to no impact on users.

Proposed amendments

Environment Canterbury's Council is proposing several amendments to the Bylaw. These are all minor changes to improve the clarity of the bylaw. You can read the amendments in context by downloading Proposed amendments to CRC Navigation Safey Bylaw (2016).

Details of the individual amendments in each part of the bylaw may be viewed below. Proposed additions are marked with large, red letters. Proposed deletions are marked with "strikethrough" text, eg proposed deletion.

Please note that there are no amendments proposed to Part 2 (General), Part 6 (Swing moorings) or Part 10 (Transitional provisions and revocation). The Bylaw does not alter any fees and charges, as there is a separate policy for this.

To meet the requirements of section 106A of the Local Government Act, we need to adopt the bylaw before 22 September 2023.

  • Part 1 - Preliminary provisions

    Current version

    3. Interpretation


    “access lane” means an area declared as an access lane under clause 11. An access lane may be declared for specific activities or for classes of vessel.

    Explanatory note: Activities could be such as water skiing or racing. Classes of vessel could be such as Personal Water Craft, jet boat, water ski boat.

    Proposed change

    “access lane” means an area declared as an access lane under clause 11. An access lane may be declared for specific activities or for classes of vessel.

    Explanatory note: Activities could be such as water skiing or racing. Classes of vessel could be such as personal water craft, jet boat, water ski boat.

    Current version

    “navigable” means suitable for navigating a vessel on, through, over or under the water.

    Proposed change in bold:

    “navigable” means able to be navigated by a vessel on, through, over or under the water.

    Rationale for change

    Change to clarify that intent of definition is based on a waterway being navigated rather than perceived as being pre-judged in advance of any navigation. A waterway either can or cannot be navigated, so the act of it being navigated therefore means it is navigable regardless of how anyone may view that act.

    Current version

    “paddle craft” in addition to the definition in Maritime Rules Part 91, shall include white water sledges, river bugs and any other vessels that are propelled primarily by the use of the occupant’s arms and legs without the aid of any paddle but shall not include a surfboard.

    Proposed change

    “paddle craft” in addition to the definition in Maritime Rules Part 91, shall include white water sledges, river bugs and any other vessels that are propelled primarily by the use of any occupant’s arms and legs without the aid of any paddle but shall not include a surfboard.

    Rationale for change

    There could be more than one occupant.

    Current version

    “sailboard” means any type of board including a windsurfer or kiteboard that is propelled by any type of sail and intended to be navigated by a person standing upright on the board.

    Proposed change

    “sailboard” means any type of board including a windsurfer or kiteboard that is propelled by any type of sail and intended to be navigated by a person (standing upright) on the board.

    Rationale for change

    The person aboard may not be standing - they may, for example, be seated.

    Current version

    “Speed Uplifted Zone (SUZ)” means an area of a waterway (inland waters or rivers) where the 5 knot speed limits in Maritime Rules 91.6(1)(a) and 91.6(1)(b) may be exceeded under clause 8 of this Bylaw.

    Explanatory note: Maritime Rules Part 91 speed limits are 5 knots within: 50 metres of another vessel or a person in the water, ; and within 200 metres of the shore.

    Proposed change

    “Speed Uplifted Zone (SUZ)” means an area of a waterway (inland waters or rivers) where the 5 knot speed limits in Maritime Rules 91.6(1)(a) and 91.6(1)(b) may be exceeded under clause 8 of this Bylaw.

    Explanatory note: Maritime Rules Part 91 speed limits are 5 knots within: 50 metres of another vessel or a person in the water or 200 metres of the shore.

    Current version

    “surfboard” means any type of board that is used for surf riding and shall include a stand-up paddleboard (SUP) when being used for riding breaking waves provided the rider is secured to the SUP by a releasable leg rope.

    Proposed change

    “surfboard” means any type of board that is used for surf riding on travelling waves and shall include a stand-up paddleboard (SUP) when being used for riding travelling waves provided the rider is secured to the SUP by a releasable leash.

    Explanatory note: For the sake of clarity, travelling waves are those where the peak of the wave moves through the water relative to a fixed point - such as with ocean waves – rather than the peak remaining in the same place relative to a fixed point such as standing waves on a river or tidal fall. The term “breaking waves” as has been used in some other rules and clarifications to them can create confusion hence the use of travelling waves here. Any surfboard, including any SUP, used for any other form of navigation (such as on standing waves in rivers (or anywhere else on a river or on flat water)) is considered to be a paddle craft and thus subject to rules applicable to paddle craft. Further safety information is available in published guidelines and Codes of Practice from various sporting code bodies and Maritime NZ.

    Rationale for change

    Change of term to “travelling waves” instead of "breaking waves" as outlined by the new explanatory note.


    Current version

    “unseaworthy” means, in the opinion of the Harbourmaster not being in a fit condition or readiness to navigate safely on the water.

    Proposed change

    “unseaworthy” means, in the opinion of the Harbourmaster either or both of the following: Not being in a fit condition or readiness to safely navigate or remain on the water; or not being in a fit condition or readiness to safely undertake a voyage within its design capabilities.

    Rationale for change

    Broadens the previous narrow definition to include the commonsense generally accepted concept that unseaworthiness applies not only to vessels actually being navigated, but also to those that are stored at a landing place or yet to be launched. Examples may include: Vessels stored on swing moorings or at a berth that, while they may be considered by some as ok to remain just there, aren’t suitable for undertaking a voyage or may be in danger of sinking or breaking free or breaking up; vessels on land that are under consideration of being launched that aren’t in a safe condition to be on the water.

  • Part 3 - General navigation safety requirements

    Current version

    5. Personal Flotation Devices

    Requirement to wear personal flotation devices

    (1) Every person on board a recreational vessel that is 6 metres or less in length shall wear a properly secured personal flotation device of an appropriate size for that person when the vessel is underway.

    Proposed change

    5. Personal Flotation Devices

    Requirement to wear personal flotation devices

    (1) Every person on board a recreational vessel that is 6 metres or less in length shall wear a properly secured personal flotation device of an appropriate size for that person and of a type appropriate for the activity being undertaken when the vessel is underway.


    Explanatory note: For the sake of clarity, this Rule continues the requirement for the compulsory wearing of PFDs on small vessels in the Canterbury Region. Requirements for the carriage of PFDs on all vessels and the wearing of PFDs on all vessels in certain situations, found in Maritime Rules Part 91, remain and must be complied with. It should also be noted that PFDs should be of a type appropriate to the activity being undertaken (eg: water skiing, rafting, kayaking, boating on the open sea, jet boating).

    Rationale for change

    This change brings a point in the explanatory note into the rule. This has been discussed around the country and is viewed as a commonsense safety matter worthy of being further highlighted by incorporation into the body of rules.


    Current version

    8. Speed limits

    Requirement for safe and considerate high speed navigation:

    (1) No person who is permitted by any provision of this Bylaw or any Maritime Rule to navigate a vessel at a speed exceeding 5 knots shall do so in any manner that is likely to endanger or unduly interfere with the reasonable enjoyment of any person who is in, on, or using the waters, or fishing, or undertaking any activity in the vicinity of the vessel.

    Proposed change

    8. Speed limits

    Requirement for safe and considerate high speed navigation:

    (1) No person who is permitted by any provision of this Bylaw or any Maritime Rule to navigate a vessel at a speed exceeding 5 knots shall do so in any manner that is likely to endanger or unduly interfere with the reasonable enjoyment of any person who is in, on, or using the waters, or fishing adjacent to the waters, or undertaking any activity in the vicinity of the vessel.

    Rationale for change

    Fishing has been removed, as the activity being undertaken isn't relevant to the rule's requirement to avoid, for example, placing people near a waterway at risk of being swamped by a vessel's wake.


    Current version

    9. Vessels to be seaworthy

    (1) No person shall navigate any vessel in circumstances where the vessel is unseaworthy, except to remove the vessel from the water or to move it to a safe area.

    (2) No person shall navigate any vessel in circumstances where persons on board have been advised by the Harbourmaster or an Enforcement Officer that the vessel is unseaworthy, except to comply with the directions of the Harbourmaster or Enforcement Officer to proceed to a safe area.

    Proposed change

    9. Vessels to be seaworthy

    (1) No person shall navigate or keep or place on the water any vessel in circumstances where the vessel is unseaworthy, except to remove the vessel from the water or to move it to a safe area.

    (2) No person shall navigate or keep or place on the water any vessel in circumstances where persons on board or in charge have been advised by the Harbourmaster or an Enforcement Officer that the vessel is unseaworthy, except to comply with the directions of the Harbourmaster or Enforcement Officer to proceed to a safe area.

    Rationale for change

    Changes in this clause to ensure clarity of intent and that consistency is maintained with proposed amendment to the definition of "unseaworthy".

  • Part 4 - Activities

    Current version

    13. Conduct in, and use of Reserved Areas

    Exemptions for certain activities

    (1)(d) for a local authority, government agency, the New Zealand Police, the New Zealand Fire Service or the New Zealand Coastguard: activities including training with respect to civil defence and emergency management or firefighting, or search and rescue operations;

    Proposed change

    (1)(d) for a local authority, government agency, the New Zealand Police, the New Zealand Fire Service, Surf Lifesaving New Zealand or the New Zealand Coastguard: activities including training with respect to civil defence and emergency management or firefighting, or search and rescue operations;

    Rationale for change

    Surf Lifesaving NZ has been included for the sake of consistency. Surf Lifesaving NZ is a safety and rescue organisation like the New Zealand Coastguard.


    Current version

    15. No fishing or swimming or diving around landing place

    (1) No person shall fish, jump, dive or swim:
    (a) from, or within 50 metres from, a landing place -
    (i) while it is in use for the berthing and/or unberthing of vessels;
    (ii) when a vessel is approaching to berth, or manoeuvring alongside or departing;

    Proposed change

    (1) No person shall fish, jump, dive or swim:
    (a) from, or within 50 metres from, a landing place -
    (i) while it is in use for the berthing and/or unberthing of vessels;
    (ii) when a vessel is approaching to berth, or manoeuvering alongside or departing;

  • Part 5 - Operating requirements

    Current version

    21. Aircraft

    (1) A person in charge of a vessel must not impede an aircraft in the process of landing or taking off.
    (2) Except in an emergency, a person must not take off, land or attempt to take off or land an aircraft:

    (a) on navigable waters; or
    (b) from any vessel, wharf, quay, jetty, pontoon or structure within any waterway; without the permission of the Harbourmaster; except that permission of the Harbourmaster is not required for operation of aircraft on the following waters:

    • Lake Tekapo / Takapo
    • Lake Pukaki
    • Lake Ohau
    • Lake Benmore / Te Ao Marama
    • Lake Aviemore / Mahi Tikumu, except Loch Laird
    • Lake Waitaki
    • Lake Coleridge / Whakamatau
    • The Operational Area of the Port of Lyttelton provided permission has been granted by LPC
    • The Operational Area of the Port of Timaru provided permission has been granted by PPT

    Proposed change

    21. Aircraft

    (1) A person in charge of a vessel must not impede an aircraft in the process of landing or taking off.

    (2) Except in an emergency, a person must not take off, land or attempt to take off or land an aircraft :

    (a) on navigable waters; or

    (2) from the water, any vessel, wharf, quay, jetty, pontoon or structure within: any waterway;

    without the permission of the Harbourmaster; except that permission of the Harbourmaster is not required for operation of aircraft on the following waters:

    Lake Tekapo / Takapo

    Lake Pukaki

    Lake Ohau

    Lake Benmore / Te Ao Marama

    Lake Aviemore / Mahi Tikumu, except Loch Laird

    Lake Waitaki

    Lake Coleridge / Whakamatau

    (a) The Operational Area of the Port of Lyttelton provided without permission havings been granted by LPC, or the Harbourmaster in consultation with LPC; or

    (b) The Operational Area of the Port of Timaru provided without permission havings been granted by PPT or the Harbourmaster in consultation with PPT.

    Rationale for change

    This rule was carried over from previous bylaws but it lacks a clear safety case, given that aircraft on water are, legally, power-driven vessels under national rules. As such, their activity is already regulated in terms of safe navigation and interaction with other vessels. The original rule appears to have been written primarily for the purpose of controlling noise, so should be removed as it's not a matter of maritime safety and so not allowed within the bylaw making powers granted to regional councils by s33 of the MTA 1994. The exception, as retained adjacent, would be retaining a control on the activity in the port areas, to enable a higher level of risk reduction in terms of possible conflict with large, less manoeuverable vessels within the confines of the ports' approaches. Matters of noise may be better addressed via the RMA.


    Current version

    22. Vessels to be adequately secured

    (1) The person in charge of a vessel shall ensure that it is properly and effectively secured when at any landing place or at any swing mooring or at anchor.

    (2) No person shall secure a vessel to any post, wharf, ring, fender, buoy or any other structure not intended for that purpose.

    (3) No person shall abandon any vessel or property in an area where it may re-float and create a navigation hazard or where it may interfere with the normal use of the waters by other persons.

    (4) No person shall leave any vessel unattended:

    (a) at any landing place without permission of the permit owner; or

    (b) on the beach or foreshore unless secured in an area specified for this purpose by the Harbourmaster.

    (5) Subject to the requirements of subclause (3), subclause (4)(b) shall not apply to small vessels that are left on any beach or foreshore for a period of 48 hours or less.

    Explanatory note: For the purposes of subclauses (4) and (5) “foreshore” has the same meaning as in the Resource Management Act 1991, and therefore means “any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area”. Subclauses (4) and (5) do not apply to vessels left landward of the foreshore.

    Explanatory notes: For the purpose of subclause (5), “small vessel” includes the likes of kayaks, dingies and runabouts that would in the ordinary course of their active use be at times temporarily hauled up on to the beach or foreshore.

    (6) No person shall, without the permission of the Harbourmaster, cut, break, or destroy:

    (a) the mooring of any vessel; or

    (b) the fastening securing any vessel lying in a dock or at or near a wharf or landing place.

    Proposed change

    22. Vessels to be adequately secured

    (1) The person in charge of a vessel shall ensure that it is properly and effectively secured when at any landing place or at any swing mooring or at anchor.

    (2) No person shall secure a vessel to any post, wharf, ring, fender, buoy or any other structure not intended for that purpose.

    (3) No person shall abandon or secure any vessel or property in an area where it may re-float and create a navigation hazard or where it may interfere with the normal use of the waters by other persons.

    (4) No person shall leave any vessel unattended:

    (a) at any landing place without permission of the permit owner; or

    (b) on the beach or foreshore unless secured in an area specified for this purpose by the Harbourmaster.

    (5) Subject to the requirements of subclause (3), subclause (4)(b) shall not apply to small vessels that are left on any beach or foreshore for a period of 48 hours or less.

    Explanatory note: For the purposes of subclauses (4) and (5) “foreshore” has the same meaning as in the Resource Management Act 1991, and therefore means “any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area”. Subclauses (4) and (5) do not apply to vessels left landward of the foreshore.

    Explanatory notes: For the purpose of subclause (5), “small vessel” includes the likes of kayaks, dingies and runabouts that would in the ordinary course of their active use be at times temporarily hauled up on to the beach or foreshore.

    (6) (4) No person shall, without the permission of the Harbourmaster, cut, break, or destroy:

    (a) the mooring of any vessel; or

    (b) the fastening securing any vessel lying in a dock or at or near a wharf or landing place.

    Rationale for change

    Clauses (4) and (5) have been shifted to clause 24 as the intent of these rules is more about placing a limitation on the placement of vessels than how they are to be secured.

    Current version

    24. Limitation on anchoring or mooring

    (1) No vessel shall remain anchored or moored within the same or proximate location for longer than 14 consecutive days without the prior approval of the Harbourmaster.

    (2) If so directed by the Harbourmaster the person in charge or owner of a vessel shall:

    (a) not leave that vessel unattended; and

    (b) crew that vessel according to the Harbourmaster’s directions.

    Proposed version

    24. Limitation on anchoring or mooring

    (1) No vessel shall remain anchored or moored within the same or proximate location for longer than 14 consecutive days without the prior approval of the Harbourmaster.

    (1) No person shall leave any vessel unattended:

    (a) at any landing place without permission of the permit owner; or

    (b) on the beach or foreshore unless secured in an area specified for this purpose by the Harbourmaster.

    (2) Subject to the requirements of subclause 22(3), subclause (2)(b) shall not apply to small vessels that are left on any beach or foreshore for a period of 48 hours or less.

    Explanatory note: For the purposes of subclauses (2) and (3), “beach or foreshore” refers, in relation to the sea, to the area below MHWS (average highest spring tide) or a reasonably foreseeable storm event; and, in relation to any inland waterway (such as a river, stream, or lake the area within the range of a reasonably foreseeable rise of river or lake level such as through fresh, flood, storm-driven waves or surge, or raising of controlled lake level (as may occur with hydro-lakes). These subclauses do not apply to vessels left above these limits.

    (3) If so directed by the Harbourmaster the person in charge or owner of a vessel shall:

    (a) not leave that vessel unattended; and

    (b) crew that vessel according to the Harbourmaster’s directions.

    Explanatory notes: For the purpose of subclause (3), “small vessel” includes the likes of kayaks, dinghies and runabouts that would in the ordinary course of their active use be at times temporarily hauled up on to the beach or foreshore.

    Rationale for change

    Delete clause 24(1) as Regional Coastal Plan rule has the same thing, albeit for a different reason, so that can be enforced against instead. Any vessel may still be directed to be removed should it pose a safety issue, regardless of any time period of it's being in a place, further rendering this subclause unnecessary.

    Clause 22(4) and 22(5) are proposed to become clause 24(1) and 24(2) because the intent of these rules is more a limitation on the placement of vessels than how they are to be secured.

    The change of the explanatory note is to create greater consistency with maritime terms and to clarify the intent of application is that "beach or foreshore" is any land adjacent to water where that land may be subject to changing water levels.

  • Part 7 - Administrative matters

    Current version

    31. Commercial vessel and hire operations

    (1) No person shall operate any commercial vessel for hire or reward or any vessel hire operation if, in the opinion of the Harbourmaster, such operation may be deficient in terms of safety or compliance with good practice for such an operation, and the Harbourmaster instructs them to cease operating.

    Proposed change

    31. Commercial vessel and hire operations

    (1) No person shall operate any commercial vessel for hire or reward or any vessel involved in a commercial operation or any vessel hire operation if, in the opinion of the Harbourmaster, such operation may be deficient in terms of safety or compliance with good practice for such an operation, and the Harbourmaster instructs directs them to cease operating.

    Rationale for change

    The change from "any vessel hire operation" to "any vessel involved in a commercial operation" is to clarify intent: to ensure all commercial operations using any vessel, including freedom hire and events using volunteer vessels, have acceptable fit-for-purpose, appropriately scaled, safe systems of work.

    The change from "instructs" to "directs" is for consistency with s33F MTA 1994.

  • Part 8 - Large vessels

    Current version

    37. No obstruction of vessels in a Moving Prohibited Zone (MPZ) or a Main Navigational Channel

    (1) No person shall navigate a vessel so as to be within the MPZ for any vessel within:
    (a) the pilotage area of Lyttelton; or
    (b) the pilotage area of Timaru; or
    (c) the pilotage area of Akaroa; or
    (d) the Kaikōura Peninsula Area of Restricted Access; or
    (e) any other area as may be declared by the Harbourmaster; without the approval of the Harbourmaster.

    Proposed change

    37. No obstruction of vessels in a Moving Prohibited Zone (MPZ) or a Main Navigational Channel

    (1)No person shall navigate a vessel so as to be within the MPZ for any vessel within:
    (a) the pilotage area of Lyttelton; or
    (b) the pilotage area of Timaru; or
    (c) the Akaroa Harbour area of restricted access; or
    (d) the Kaikōura Peninsula Area of Restricted Access; or
    (e) any other area as may be declared by the Harbourmaster; without the approval of the Harbourmaster.

    Rationale for change

    Akaroa Harbour is not a designated pilotage area.

  • Part 9 - Enforcement Powers, Offences, Penalties, Exceptions, Exemptions

    Current version

    45. Temporary Exemptions from Bylaw

    (1) Except for those requirements in clauses 26(2), 28(1), 29(6) and 29(8) the Harbourmaster may exempt, by written approval for an exemption, any person, vessel or class of vessels from any requirements of this Bylaw.

    Proposed change

    45. Temporary Exemptions from Bylaw

    (1) Except for those requirements in clauses 26(2), 28(1), 29(6) and 29(8) the Harbourmaster may exempt, by written approval for an exemption, any person, vessel or class of vessels from any requirements of this Bylaw.

    Rationale for change

    Removing superfluous words.

Page last updated: 30 May 2023, 03:32 PM