Bay of Plenty Regional Navigation Safety Bylaws Review Committee Rārangi Take (Agenda)

NOTICE IS GIVEN that the next meeting of Bay of Plenty Regional Navigation Safety Bylaws Review Committee will be held in Council Chambers, Regional House, 1 Elizabeth Street, Tauranga on:

Thursday 25 August 2022 COMMENCING AT 9:30 am

 

Fiona McTavish

Chief Executive, Bay of Plenty Regional Council Toi Moana

17 August 2022

 


 

Bay of Plenty Regional Navigation Safety Bylaws Review Committee

Membership

Chairperson

Cr Andrew von Dadelszen

Members

Bay of Plenty Regional Council:

Cr Toi Kai Rakau Iti (Deputy Chair)

Cr Jane Nees

Cr Kevin Winters

 

Tangata Whenua Representatives:

Raewyn Bennett

Micha Tawhara

Patrick Young

Ex Officio

Chairman Doug Leeder

Quorum

Four members, consisting of a minimum of two tangata whenua members and two councillors

Meeting frequency

As required in agreed work programme

The Council Chairman has delegated authority to appoint replacement members to the Hearings Committee if necessary.

Purpose

The Bay of Plenty Regional Navigation Safety Bylaws Review Committee was established by the Regional Council, 23 June 2022; for the purpose of undertaking engagement, options analysis, submissions, hearings, and deliberations of the review process; and making a final recommendation to Council on a revised Bay of Plenty Regional Navigation Safety Bylaws 2023.

Role

The role of the Committee is to:

·         Provide a wide range of perspectives on any changes, issues, options, and solutions when reviewing the Navigation Safety Bylaws 2017, especially a Te Ao Māori lens to those changes, issues, and options that directly affect some tangata whenua

·         Prepare and recommend a Bay of Plenty Regional Navigation Safety Bylaws 2023 for adoption by Council after undertaking engagement and consultation processes under the Local Government Act 2002, by:

·         Developing solutions to issues and options presented to the Committee for inclusion in a draft Bylaws document

·         Undertaking engagement with key stakeholders on specific matters which remain challenging 

·         Developing a Statement of Proposal and a draft Navigation Safety Bylaws 2023 for consultation

·         Undertaking a formal consultation process including formal Hearings, under ss 83 and 86 of the Local Government Act 2002

·         Undertaking final deliberations to consider all community submissions on a draft Bylaws document

·         Recommending to Council a final draft Bay of Plenty Regional Navigation Safety Bylaws 2023 for adoption.

Power to Recommend

The Bay of Plenty Regional Navigation Safety Bylaws Review Committee will recommend to Regional Council:

·         Solutions to issues and options addressed through the review of the Bay of Plenty Regional Navigation Safety Bylaws 2017 through:

o    A Statement of Proposal and a draft Bay of Plenty Regional Navigation Safety Bylaws 2023 for consultation under ss 83 and 86 of the Local Government Act 2002

o    A final Bay of Plenty Regional Navigation Safety Bylaws 2023 for adoption under schedule 7 s 32(b) of the Local Government Act 2002.

The Bay of Plenty Regional Navigation Safety Bylaws Review Committee reports directly to the Regional Council.

Decision Making

The Committee must seek to achieve consensus.

If the Chair considers that the meeting is unlikely to achieve consensus on a matter, the decision on the matter may be made only by a 75% majority of those present. The Chair may vote but does not have a casting vote.

Term of the Committee

For the duration of the Bay of Plenty Regional Navigation Safety Bylaws project unless discharged earlier by Regional Council.

Note: The Committee will not sit during Local Government Elections 2022 (approximately 19 September 2022 – 30 November 2022); will be dis-established during the election period and re-established for the new triennium.

 


Bay of Plenty Regional Council - Toi Moana

Governance Commitment

mō te taiao, mō ngā tāngata - our environment and our people go hand-in-hand.

 

 

We provide excellent governance when, individually and collectively, we:

·        Trust and respect each other

·        Stay strategic and focused

·        Are courageous and challenge the status quo in all we do

·        Listen to our stakeholders and value their input

·        Listen to each other to understand various perspectives

·        Act as a team who can challenge, change and add value

·        Continually evaluate what we do

 

 

TREAD LIGHTLY, THINK DEEPLY,
ACT WISELY, SPEAK KINDLY.


Bay of Plenty Regional Navigation Safety Bylaws Review Committee                     25 August 2022

Recommendations in reports are not to be construed as Council policy until adopted by Council.

Rārangi Take
Agenda

1.       Karakia Whakatuwhera
Opening Prayer

2.       Ngā Hōnea
Apologies

3.       Wāhanga Tūmatanui
Public Forum

4.       Ngā Take Tōmuri
Items not on the Agenda

5.       Raupapa o Ngā Take
Order of Business

6.       Whakapuakanga o Ngā Take Whai Taha-Rua
Declaration of Conflicts of Interest

7.       Minutes

Minutes to be Confirmed

7.1      Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes - 26 July 2022                                                                             4

8.       Verbal Updates

8.1      Clarification of Legal Concepts

Presented by: Monique Brooks – Legal Counsel and Toni Briggs – Senior Project Manager

Attachment 1 - Conflicts of Interest                                                                                   4

Attachment 2 - Good Decisions Training Module 1 Excerpt                                           4

8.2      Takutai Moana Act Interface and Current Cases Affecting the New Navigation Safety Bylaws

Presented by: Rachel Boyte – Legal Counsel and Monique Brooks – Legal Counsel

9.       Reports

Information Only

9.1      Updated Timeline for Review of the Regional Navigation Safety Bylaws                                                                                                                   4

Attachment 1 - Visio-Proposed Timeline Aug 21                                                             4

9.2      An Introduction to Bylaws                                                                      4

10.     Ngā Take Tōmuri Hei Whakaaroaro
Consideration of Items not on the Agenda

11.     Karakia Kati
Closing Prayer


 Bay of Plenty Regional Navigation Safety Bylaws Review Subcommittee Minutes

26 July 2022

 

Bay of Plenty Regional Navigation Safety Bylaws Review Subcommittee

Ngā Meneti

Open Minutes

Commencing:             Tuesday 26 July 2022, 09:30 am

Venue:                         Council Chambers, Ground Floor, Regional House, 1 Elizabeth Street, Tauranga and via Zoom (Audio Visual Meeting)

Heamana

Chairperson:               Cr Andrew von Dadelszen – Bay of Plenty Regional Council Toi Moana (BOPRC)

Heamana Tuarua

Deputy Chairperson:  Cr Toi Kai Rākau Iti – BOPRC (as appointed at the meeting)

Ngā Kopounga

Members:                    Cr Jane Nees – BOPRC, Patrick Young – tangata whenua representative, Raewyn Bennett – tangata whenua representative, Cr Kevin Winters (via Zoom) – BOPRC,   Micah Tawhara (via Zoom) – tangata whenua representative

 

In Attendance:            Reuben Fraser – Acting General Manager, Regulatory Services, Stephen Lamb – Environmental Strategy Manager, Toni Briggs – Senior Project Manager, Amanda Namana – Committee Advisor

 

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Patrick Young.

2.     Ngā Hōnea
Apologies

            None received.

3.     Ngā Take Tōmuri
Items not on the Agenda

6.1

Item Not on the Agenda: Appointment of Navigation Safety Bylaw Subcommittee Deputy Chair

 

Resolved

That the Navigation Safety Bylaw Review Subcommittee:

·    Accepts for consideration the report, Appointment of Navigation Safety Bylaw Subcommittee Deputy Chair;

·    Notes the reason why this item was not on the Agenda is that it was inadvertently excluded from the agenda, and the reason why it cannot be delayed is to ensure a Deputy Chair is appointed in the event the Chairperson is unavailable due to unforeseen circumstances.

[Winters/Iti]

[CARRIED]

4.     Raupapa o Ngā Take
Order of Business

·       Item 10.1 to be taken following Item 7, to appoint a Deputy Chair to the Subcommittee.

5.

Whakapuakanga o Ngā Take Whai Taha-Rua
Declaration of Conflicts of Interest

 

Chair Cr von Dadelszen and Senior Project Manager Toni Briggs presented this item.

Key Points:

·        Any conflict of interest including financial, non-financial or perceived interests must be declared.  Any potential conflict on a matter relating to a particular agenda item must be declared at the relevant meeting

·        Members who declare an interest must not participate in discussion or voting on the matter pertaining to that interest

·        An interests register would be compiled for the Subcommittee, detailing any interests declared by members and updated as necessary.

Key Points - Members:

·        It was possible that further conflicts may arise during the course of the Subcommittee’s term and these should be raised and considered at the time.

 

In Response to Questions:

·        Suggested that members declare any potential interests initially, including any that conceivably may arise and staff would provide guidance around these as required, depending on the conversations that were held.

Cr Winters declared an interest in matters related to being a member of Coastguard New Zealand.

 

Items for Staff Follow Up:

·       Staff to seek guidance to clarify conflicts of interest queries for members raised at the meeting, including:

o Tangata whenua representative issues specific to forthcoming matters for the Subcommittee

o Clear direction around the spectrum of conflict of interest to Māori

o Explain the boundaries of conflict, specifically for members with iwi affiliation/s or personal interest in Matakana Island, Tarawera River and other connections to some of the issues that would be raised

o Clarity around how best to work within these boundaries whilst providing a tangata whenua perspective.

5.     Verbal Updates

6.1    Chair’s Verbal Update

            Chair Cr von Dadelszen welcomed members and provided a brief outline of the purpose of the Navigation Bylaws Review Subcommittee, followed by introductions from Raewyn Bennett and Cr Toi Kai Rākau Iti.

 

·           Raised the issue of attending Subcommittee meetings via Zoom and requested that members notify the Chair or Committee Advisor if they were unable to attend a meeting in person.


Consideration of Item not on the Agenda

10.1

Consideration of Item not on the Agenda: Appointment of Navigation Safety Bylaw Subcommittee Deputy Chair

 

That the Navigation Safety Bylaw Review Subcommittee:

1  Receives the report, Appointment of Navigation Safety Bylaw Review Subcommittee Deputy Chair. Notes the reason why this item was not on the Agenda is that it was inadvertently excluded from the agenda, and the reason why it cannot be delayed is to ensure a Deputy Chair is appointed in the event the Chairperson is unavailable due to unforeseen circumstances;

2      Selects System B as the voting system for the election of a Deputy Chairperson;

3     Elects Cr Toi Kai Rākau Iti as the Deputy Chairperson of the Navigation Safety   Bylaw Review Subcommittee.

Winters/Young

CARRIED

6.     Reports

Decisions Required

6.1

Terms of Reference for the Navigation Safety Bylaws Review Subcommittee

Senior Project Manager Toni Briggs presented this item.

Key Points:

·        Provided an opportunity for members to make any amendments/ additions to the Terms of Reference prior to the final draft being adopted by Council

·        Clarified that a 75% majority meant six of seven members present in agreement of a decision.

In Response to Questions:

·       Climate change impacts on decision making were unable to be taken into account from a navigational safety perspective.  However, climate change would be taken into consideration as part of any discussion the impacts were relevant to 

·       Navigational Safety Bylaw Review Subcommittee meetings were available for the public to attend (with the exception of any public excluded matters), but would not be livestreamed or recorded.

 

Items for Staff Follow Up:

·       Provide information to members around the implications of Marine and Coastal Area (MACA Act) claims where potential conflicts of interest may arise - a member of the Legal team to hold a specific session on this at a future meeting.

 

Resolved

That the Navigation Safety Bylaw Review Subcommittee:

1        Receives the report, Terms of Reference for the Navigation Safety Bylaws Review Subcommittee;

2        Agrees with the purpose and the scope of the Subcommittee;

3         Approves the following amendments be made to the draft Terms of Reference at this meeting:

i)   Removes “the decision on the matter may be made by a 70% majority of those present”;

ii)  Inserts “the decision on the matter may be made by a 75% majority of those present”;

iii)  Agrees the quorum of the Subcommittee to be a minimum of two  tangata whenua members and two councillors. 

Winters/Iti

CARRIED

 

 

Resolved

That the Navigation Safety Bylaw Review Subcommittee:

1        Recommends to Regional Council, adoption of the final Navigation Safety Bylaws Subcommittee Terms of Reference.

Winters/Nees

CARRIED

 

10.17 am – The meeting adjourned.

 

10.30 am – The meeting reconvened.

 

6.2

Introduction to the Regional Navigation Safety Bylaws Review Subcommittee

Presentation: Introduction to Navigation Safety Bylaws: Objective ID A4160303   

Senior Project Manager Toni Briggs presented this item.

Key Points:

·        Most New Zealanders lived within approximately 170km of a body of water

·        In 2022, Maritime New Zealand conducted a quarterly survey which showed an estimated 2,140,000 people in New Zealand owned a boat

·        In 2020, there were 74 preventable drownings and 27,892 preventable injuries in, on and around the water

·        Outlined the history of maritime incidents and regulation requirements in New Zealand

·        The Maritime Transport Act 1994 (the Act) and Local Government Act 2002 (LGA), directly influenced development of the Navigational Safety Bylaws, along with Maritime New Zealand rules which were based upon international best practice

·        Provided definitions and context to bylaws at local government level and the benefits of writing focused legislation, relevant to the region and its unique requirements.  Cognisance of national legislation relating to navigational safety during developing bylaws was also critical

·        Jurisdiction for initial purposes was the open sea, continental shelf, exclusive economic zone and Bay of Plenty regional boundaries

·        Regional bylaws were developed within the context of the Regional Council operating environment.  Therefore, consideration must be given to balancing the four well-beings: environmental, economic, cultural and social, along with community outcomes of a healthy environment, freshwater for life, safe and resilient communities and a vibrant region

·        The Bay of Plenty has had Navigational Safety Bylaws since 2004, prior to which these were split into a number of harbour rules and bylaws

·        The bylaws addressed a boat or a craft in navigation, whether it had any means of propulsion or not.  This included all boats, jetskis, kayaks/canoes, surfboards, wakeboards, rafts, seaplanes – anything that could float on the water was considered a craft and related to these bylaws

·        Defined navigation as taking a person on a craft, from one position to the next via a planned route.  This included recreational and commercial vessels and crafts, anything that could be towed on the water (skis, biscuits), hydrofoils, and anything propelled through the water

·        These bylaws covered all bodies of water within the Bay of Plenty, including the open sea, harbours, lakes, rivers or dams but not any transient water (e.g. temporary water bodies such as large puddles)

·        Bylaws had to be reviewed every five years and a new document needed to be established every ten years

·        New bylaws also had to consider changes to the Astrolabe Reef that occurred following the RENA disaster

·        Highlighted the purpose of the Subcommittee in the context of providing a wide range of perspectives on changes, issues, options and solutions during the review of the current Navigational Safety Bylaws

·        During past bylaw reviews, challenging legacy issues had arisen which required ongoing consideration e.g. prohibition of jet skis in Ōhiwa Harbour.  Legacy issues significantly affected tangata whenua and appropriate solutions needed to be found - some of the long term legacy issues also had major impacts on affected communities

·       The concept of noise as a ‘nuisance’ in a safety bylaw had been altered and this needed addressing as the wording in the bylaw currently specified this

·        New national direction on safety components such as life jackets would also need to be taken into consideration

·        Speed uplifting in Kaituna and Tarawera Rivers was another legacy issue that would need addressing.  ‘Speed uplifting’ was a maritime term for specific rules around increasing speed limits on the water, also noted the complicated application of this in different areas

·       The Hunters Creek zone continued to be one of the most challenging and controversial areas within the bylaws, particularly in trying to establish a balanced way of managing/addressing the issues there

·       Confirmed next meeting would be held on 25 August 2022.

In Response to Questions:

·        Mangroves were a separate issue for which there were other avenues available to address, unless a situation arose where they affected navigational safety in a particular area Bylaws would also apply to navigational safety behaviour at Ōpōtiki Harbour and the new marina development in Whakatāne

·       Regulation reviews were underway and change being signalled at a national level meant it was difficult to establish a timeline for these at present

·       Development of a broad engagement plan was underway which included pre-engagement with community groups that currently use the waterways (e.g. waka ama groups), and supported a range of ways for people to engage.

 

Items for Staff Follow Up:

·        Maritime operational staff to attend a future meeting to inform members of the practical application of the bylaws, their past experiences and highlight present issues and risks to consider

·        There was a unique challenge around implementation of bylaws in new development areas (Ōpōtiki/Whakatāne).  Operationally, more staff may be required over time to educate the public on bylaw application within the new areas

·        ‘Nuisance’ was not defined in the Act or the LGA – legal counsel to provide a synopsis to a future meeting for clarity on where and how this terminology could be applied in the bylaws.  Noise was not considered a safety issue in the open air

·        Within the community engagement plan, ask people what the particular issues were and to provide their thoughts on any potential solutions to these

·        Provide information to members on feedback and solutions previously put forward by tangata whenua for each legacy issue.

 

Resolved

That the Navigation Safety Bylaw Subcommittee:

1        Receives the report, Introduction to the Regional Navigation Safety Bylaws Review Subcommittee.

von Dadelszen/Tawhara

CARRIED

 

7.     Karakia Kati
Closing Karakia

A karakia was provided by Patrick Young.

11.37 am The meeting closed.

 

 

Confirmed                                                                                                                                          

                                                                                                                    Cr Andrew von Dadelszen

Chairperson, Bay of Plenty Regional Navigation Safety Bylaws Review Subcommittee


Bay of Plenty Regional Navigation Safety Bylaws Review Committee    25 August 2022

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Bay of Plenty Regional Navigation Safety Bylaws Review Committee    25 August 2022

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


 

 

 

 

Pūrongo Ki:
Report To:

Bay of Plenty Regional Navigation Safety Bylaws Review Committee

Rā Hui:
Meeting Date:

25 August 2022

Kaituhi Pūrongo:
Report Writer:

Toni Briggs, Senior Project Manager

Kaiwhakamana Pūrongo:
Report Authoriser:

Reuben Fraser, Consents Manager

Kaupapa:
Purpose:

To provide an updated Project timeline to the committee following member advice.

 

 

Updated Timeline for Review of the Regional Navigation Safety Bylaws

 

Whakarāpopototanga
Executive Summary

At the Committee meeting of 26 July 2022, members suggested to staff that any engagement with communities be postponed until after local government elections.  The high level Project timeline has been updated following this advice.

This paper introduces the updated timeline to the Committee for feedback.

 

 

Ngā tūtohutanga
Recommendations

That the Bay of Plenty Regional Navigation Safety Bylaws Review Committee:

1        Receives the report, Updated Timeline for Review of the Regional Navigation Safety Bylaws.

 

 

1.        Kupu Whakataki
Introduction

The Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Navigation Safety Bylaws under section 33M in the Maritime Transport Act 1994. The Bay of Plenty Regional Navigation Safety Bylaws are in place to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty navigable waters.

The Local Government Act 2002 requires Council to undertake a comprehensive review of its bylaws ten years after it was last reviewed; and within a two-year timeframe from that review date. Bay of Plenty Regional Council generally reviews the Bay of Plenty Regional Navigation Safety Bylaws every five years to ensure that the Bylaws reflect the most up to date legislation, Maritime regulations and rules, and current regional risks and issues.

At the Committee meeting of 26 July 2022, members suggested to staff that any engagement with communities be postponed until after local government elections.  The high level Project timeline has been updated following this advice.

1.1      Pou Tarāwaho ā-Ture
Legislative Framework

1.1.1    The Maritime Transport Act 1994

Under Part 3A of the Maritime Transport Act 1994, Regional Council is mandated to ensure maritime safety in its region by appointing Harbourmasters, making Bylaws, and carrying out enforcement on offences.

Maritime Rules

While the Maritime Transport Act stipulates broad principles of maritime law, the rules contain detailed technical standards and procedures. Compliance with the rules is required because they form part of New Zealand maritime law. Failure to comply with the rules may be an offence under the Act.

The maritime rules are statutory instruments (or secondary legislation) made by the Minister of Transport under the Maritime Transport Act 1994.

Maritime rules relate to the safety of ships and people. The rules prescribe requirements for ship design, construction, equipment, crewing, operation, tonnage measurement, and for the carriage of passengers and cargoes. Many of the standards are based on international ship safety conventions.

Of particular importance to Regional Councils are:

·      Maritime Rules – Part 90 – Pilotage

Maritime Rules Part 90 specifies compulsory pilotage areas and thresholds for pilotage. It also covers qualifications and training for pilots and pilotage exempt masters, and the issue of pilot licences and masters’ pilotage exemption certificates (PECs) by the Director of Maritime New Zealand. This is of particular importance for the Port of Tauranga.

·      Maritime Rules – Part 91 – Navigational Safety

Part 91 outlines navigation safety rules, specifically for personal floatation devices, anchoring and mooring, give way rules, wakes and proximity to oil tankers and ships carrying dangerous goods.

·      Maritime Rules – Part 22: Collision Prevention

Part 22 outlines the navigation safety rules (and gives effect to the Convention on International Regulations for Preventing Collisions at Sea).  These rules outline that standardised (international) system for prevention of collisions and apply to all watercraft, including ships, pleasure craft, and seaplanes.  The rules outline international conventions around steering and sailing, and the use of lights and sound for collision avoidance.

1.1.2    The Local Government Act 2002:

Regional councils make bylaws under the LGA 2002 under the general procedure for making bylaws (sections 155-161) and consult on bylaws using the special consultative procedure (section 86). Adopting a bylaw cannot be delegated by Council to a Committee, so the Committee ‘recommends’ a course of action to Council for adoption.

1.1.3    Marine Transport (Infringement Fees for Offences – Bay of Plenty Regional Navigation Safety Bylaws 2017) Regulations 2017:

Under section 33O of the Maritime Transport Act, Regional Council can set infringement fees by Order in Council[1]. At present we have 2017 regulations, which outlines offences under the Bay of Plenty Region Navigation Safety Bylaws 2017 and the fees applicable for those offences.  These will need to be updated.

1.1.4    Other Legislation

Staff will also ensure that any other legislation that may affect the legitimacy of the new Bylaws is considered.  For example, one key influence will be from the Marine and Coastal Area (Takutai Moana) Act 2011 and the recognition of customary rights.

The Bylaws also cannot be inconsistent with the Resource Management Act.

1.2      Te Hāngai ki te Pou Tarāwaho Rautaki
Alignment with Strategic Framework

 

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

The Maritime Operations Activity provides a 24/7 navigation safety and maritime oil spill response across the region, as required by regulations and Regional Council requirements. This involves operating an around-the-clock call centre and duty roster, administering moorings and commercial/event licences, and maintaining navigational aids, lights, and beacons around the region.

The Activity promotes navigational safety through a combination of regulation enforcement and education with an aim to ensure people are kept safe on the water and our maritime environments are protected from spills. The Navigation Safety Bylaws is a key component of this work.

 

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

 

The review of the Navigation Safety Bylaws 2017 will affect all of the well-beings directly.

 

2.        Updated Timeline

At the Committee meeting of 26 July 2022, members suggested to staff that any engagement with communities be postponed until after local government elections.  The high level Project timeline has been updated following this advice.

Staff have updated the timeline to show the high level planning which involves:

·      Planning for and undertaking a, summer/ boating season campaign from late October 2022 until late February 2023. Communications an engagement will be a two phase approach:

Phase 1 will include higher level wide messaging over summer which will focus on educating and informing communities about the review.  This will include social media, a Participate Page on BOPRC website, summer patrol handouts. 

Phase 2 will be a more focussed campaign of tailored engagement with specific community groups including tangata whenua, iwi, and trustees.  This will be a longer phase (February 2023 to June 2023).  Staff are hoping that the committee members can take an active part in this phase of engagement.  The Communications and Engagement Plan will be introduced to the Committee at the next Meeting.

·      A formal consultation phase which will involve a submission period, public hearings, and deliberations, starting in July 2023.

The timeline also outlines the document development in early 2023, with specific meeting dates at each stage to work through with the committee. At this stage exact dates are tentative as the Council calendar for 2023 has yet to be finalised.

3.        Ngā Whakaarohanga
Considerations

3.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Given the legacy issues connected to this project, the project is considered to be high risk. Detailed risk analysis and management has been built into the project management of the review and any new issues and risks that affect the decision-making of the Committee will be presented to the Committee at the earliest opportunity

3.2      Huringa Āhuarangi
Climate Change

Though climate change has an impact on all Council does and must be considered in all that we do, and effects considered across the length of the project the matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

 

3.3      Ngā Pānga ki te Māori
Implications for Māori

The Treaty principles and the partnerships upon which they are founded are an established part of our local government framework. As Treaty partners, Māori hold a unique role in shaping and contributing to regional leadership and direction.

As some of the legacy issues are of particular importance to tangata whenua it is important to include them in the design, consultation, and decision-making process.

 

3.4      Whakawhitiwhiti ā-Hapori
Community Engagement

What level of engagement is council commited to? What actions will be taken

Consider identifying in the report:

• Council’s knowledge of community views on the subject.

• What aspect of the community is involved.

• How the views of the community were obtained.

• How the views were recorded and reported.

 

Adobe Systems

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

A detailed Communications and Engagement Plan is being developed for the Navigation Safety Bylaws Review project.  This plan will specifically outline the pre-engagement and consultation aspects of the project.

Due to the complex nature of the legacy issues in particular, we will need to work directly with some affected stakeholders.  Communication and engagement will need to use a range of consultation, engagement and involvement techniques that can be tailored for specific groups and issues.

The Communications and Engagement Plan will be introduced to the Committee at the next Meeting.

3.5      Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

 

4.        Ngā Mahi Whai Ake
Next Steps

The next meeting will be to outline the analysis of the staff review of the current Bylaws.  We will also outline the legacy issues and possible options to address them.

 

Attachments

Attachment 1 - Visio-Proposed Timeline Aug 21   


Bay of Plenty Regional Navigation Safety Bylaws Review Committee                    25 August 2022

PDF Creator


 

 

 

Pūrongo Ki:
Report To:

Bay of Plenty Regional Navigation Safety Bylaws Review Committee

Rā Hui:
Meeting Date:

25 August 2022

Kaituhi Pūrongo:
Report Writer:

Toni Briggs, Senior Project Manager

Kaiwhakamana Pūrongo:
Report Authoriser:

Reuben Fraser, Consents Manager

Kaupapa:
Purpose:

To provide an introduction to Bylaws

 

 

An Introduction to Bylaws

 

Whakarāpopototanga
Executive Summary

This paper outlines the frameworks and processes of developing a Bylaws document.

The Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Navigation Safety Bylaws under section 33M in the Maritime Transport Act 1994. The Bay of Plenty Regional Navigation Safety Bylaws are in place to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty navigable waters.

Navigation Safety Bylaws are developed under a complex framework of international convention and law; national legislation, national rules, and maritime practice in order to regulate behaviour for the purpose of maritime safety locally.

 

Ngā tūtohutanga
Recommendations

That the Bay of Plenty Regional Navigation Safety Bylaws Review Committee:

1        Receives the report, An Introduction to Bylaws.

 

1.        Kupu Whakataki
Introduction

This paper outlines the frameworks and processes of developing a Bylaws document.

The Bay of Plenty Regional Council has a statutory role in ensuring maritime safety in its region by developing Navigation Safety Bylaws under section 33M in the Maritime Transport Act 1994. The Bay of Plenty Regional Navigation Safety Bylaws are in place to minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in the Bay of Plenty navigable waters.

The Local Government Act 2002 requires Council to undertake a comprehensive review of its bylaws ten years after it was last reviewed; and within a two-year timeframe from that review date. Bay of Plenty Regional Council generally reviews the Bay of Plenty Regional Navigation Safety Bylaws every five years to ensure that the Bylaws reflect the most up to date legislation, Maritime regulations and rules, and current regional risks and issues.

1.1      Pou Tarāwaho ā-Ture
Legislative Framework

1.1.1    The Maritime Transport Act 1994

Under Part 3A of the Maritime Transport Act 1994, Regional Council is mandated to ensure maritime safety in its region by appointing Harbourmasters, making Bylaws, and carrying out enforcement on offences.

Maritime Rules

While the Maritime Transport Act stipulates broad principles of maritime law, the rules contain detailed technical standards and procedures. Compliance with the rules is required because they form part of New Zealand maritime law. Failure to comply with the rules may be an offence under the Act.

The maritime rules are statutory instruments (or secondary legislation) made by the Minister of Transport under the Maritime Transport Act 1994.

Maritime rules relate to the safety of ships and people. The rules prescribe requirements for ship design, construction, equipment, crewing, operation, tonnage measurement, and for the carriage of passengers and cargoes. Many of the standards are based on international ship safety conventions.

Of particular importance to Regional Councils are:

·      Maritime Rules – Part 90 – Pilotage

Maritime Rules Part 90 specifies compulsory pilotage areas and thresholds for pilotage. It also covers qualifications and training for pilots and pilotage exempt masters, and the issue of pilot licences and masters’ pilotage exemption certificates (PECs) by the Director of Maritime New Zealand. This is of particular importance for the Port of Tauranga.

·      Maritime Rules – Part 91 – Navigational Safety

Part 91 outlines navigation safety rules, specifically for personal floatation devices, anchoring and mooring, give way rules, wakes and proximity to oil tankers and ships carrying dangerous goods.

·      Maritime Rules – Part 22: Collision Prevention

Part 22 outlines the navigation safety rules (and gives effect to the Convention on International Regulations for Preventing Collisions at Sea).  These rules outline the standardised (international) system for prevention of collisions and apply to all watercraft, including ships, pleasure craft, and seaplanes.  The rules outline international conventions around steering and sailing, and the use of lights and sound for collision avoidance.

1.1.2    The Local Government Act 2002:

Regional councils make bylaws under the LGA 2002 under the general procedure for making bylaws (sections 155-161) and consult on bylaws using the special consultative procedure (section 86). Adopting a bylaw cannot be delegated by Council to a Committee, so the Committee ‘recommends’ a course of action to Council for adoption.

1.1.3    Marine Transport (Infringement Fees for Offences – Bay of Plenty Regional Navigation Safety Bylaws 2017) Regulations 2017:

Under section 33O of the Maritime Transport Act, Regional Council can set infringement fees by Order in Council[2]. At present we have 2017 regulations, which outlines offences under the Bay of Plenty Region Navigation Safety Bylaws 2017 and the fees applicable for those offences.  These will need to be updated.

1.1.4    Other Legislation

Staff will also ensure that any other legislation that may affect the legitimacy of the new Bylaws is considered.  For example, one key influence will be from the Marine and Coastal Area (Takutai Moana) Act 2011 and the recognition of customary rights.

The Bylaws also cannot be inconsistent with the Resource Management Act.

1.2      Te Hāngai ki te Pou Tarāwaho Rautaki
Alignment with Strategic Framework

 

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

The Maritime Operations Activity provides a 24/7 navigation safety and maritime oil spill response across the region, as required by regulations and Regional Council requirements. This involves operating an around-the-clock call centre and duty roster, administering moorings and commercial/event licences, and maintaining navigational aids, lights, and beacons around the region.

The Activity promotes navigational safety through a combination of regulation enforcement and education with an aim to ensure people are kept safe on the water and our maritime environments are protected from spills. The Navigation Safety Bylaws is a key component of this work.

1.2.1    Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

 

The review of the Navigation Safety Bylaws 2017 will affect all of the well-beings directly.

 

2.        Bylaws

2.1      Bylaws

Bylaws are legislation that are not drafted by Parliament directly and are called secondary legislation.  Secondary legislation is written by agencies that have empowering provisions in the Act under which the secondary legislation is made.  In the case of Regional Navigation safety Bylaws the empowering Act is The Maritime Transport Act 1994.

This system allows agencies to develop local laws that are relevant to local communities and suited to local conditions. 

Bylaws have a regulatory effect meaning they are a type of law. Doing something that breaches a Bylaw is an offence.

Parliament still keeps oversight of Bylaws through a government Ministry or Department which administers the primary Acts.

Bylaws overall are standardised in two main Acts: The Legislation Act and The Bylaws Act. The process under which communities can participate in decision-making is outlined in The Local Government Act.

Bylaws are also enforced by the agency [council] staff, who can also use other agencies to support them e.g. New Zealand Police.  Not complying with a Bylaw is a criminal offence.  If a Bylaw is breached, consequences can include fines, prosecution, seizure of property or remedial action.

2.2      Maritime Bylaws

Pre-1998 the Navigation Safety Bylaws were managed by district councils under the Harbours Act.  Regional Council had Harbour Bylaws for the management of the large Harbours in the region.

To streamline and coordinate policy and process that had become somewhat disjointed, central government amalgamated maritime navigation safety laws under the Ministry of Transport and consolidated the Maritime Safety Act to cover development of Local Bylaws.  This also provided up-to-date national standards for navigation safety whilst retaining local control.

Bay of Plenty’s first Navigation [and] Safety bylaws was developed in 2001 to amalgamate a range of documents. 

A new Navigation Safety Bylaws was developed in 2004 to encompass all legislative changes nationally.  This document built on the foundation Acts (The Maritime Transport Act) and national standardised Rules administered by Maritime New Zealand.

Navigation Safety Bylaws are made up of two distinct parts that are developed consecutively. 

Text

Description automatically generated

The clauses (the bylaws) are developed using a set ‘template’ (most regional councils using the same form of formatted document type to publish Bylaws to ensure some consistency across New Zealand).  This is the regulation that makes up the law.  This regulation is drafted using the standardised national rules and bespoke rules developed for the regional situation, based on the directives in the Maritime Transport Act section 33M.

 

 

Once the regulation is developed, staff develop rationale for which breaches of the bylaws will be considered infringement offences and set infringement fees (fines) against them.  These fees must be agreed by the Executive Council of Parliament through an Order in Council, this function is delegated, in this case, to the Minister of Transport.

2.3      Review of Bylaws

Under the Local Government Act 2002, the region (Council) must review its Bylaws every five years and develop a new document every 10 years.  This means a five-year review may not result in document change if the document is still fit for purpose.  A full document change must, however, occur at the ten-year mark to fully incorporate the most up to date legislation, Maritime regulations and rules, and current regional risks and issues.   

Bay of Plenty Regional council generally update their document every five years to ensure that it stays relevant, fit for purpose, and supported by best practise.  The Region’s Navigation and Safety Bylaws have been reviewed in 2004, 2010, 2015.

As explained above, most aspects of the review process are prescribed in local government legislation and best practice.

A critical element of the Bylaws review process is ensuring that robust public consultation is undertaken, particularly as these Bylaws have the potential to affect many individuals.  The local Government Act prescribes the need to undertake a special consultative procedure (section 83) also determine whether the Bylaws made are appropriate (sections 155 – 157).

Graphical user interface, text

Description automatically generated

3.        Ngā Whakaarohanga
Considerations

3.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Given the legacy issues connected to this project, the project is considered to be high risk. Detailed risk analysis and management has been built into the project management of the review and any new issues and risks that affect the decision-making of the Committee will be presented to the Committee at the earliest opportunity.

3.2      Huringa Āhuarangi
Climate Change

Though climate change has an impact on all Council does and must be considered in all that we do, and effects considered across the length of the project the matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

3.3      Ngā Pānga ki te Māori
Implications for Māori

The Treaty principles and the partnerships upon which they are founded are an established part of our local government framework. As Treaty partners, Māori hold a unique role in shaping and contributing to regional leadership and direction.

As some of the legacy issues are of particular importance to tangata whenua it is important to include them in the design, consultation, and decision-making process.

3.4      Whakawhitiwhiti ā-Hapori
Community Engagement

 

Adobe Systems

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

A detailed Communications and Engagement Plan is being developed for the Navigation Safety Bylaws Review project and will be presented at the next meeting.  This plan will specifically outline the pre-engagement and consultation aspects of the project.

Due to the complex nature of the legacy issues in particular we will need to work directly with some affected stakeholders.  Communication and engagement will need to use a range of consultation, engagement and involvement techniques that can be tailored for specific groups and issues.

 

3.5      Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

4.        Ngā Mahi Whai Ake
Next Steps

The next meeting will be to outline the analysis of the staff review of the current Bylaws.  We will also be to outline the legacy issues and possible options to address them.

 

 

  

 



[1] An Order in Council means this regulation must go through Parliament to provide the legal force (see MTA 1994 s33O).

[2] An Order in Council means this regulation must go through Parliament to provide the legal force (see MTA 1994 s33O).