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.
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