Agenda of Bay of Plenty Regional Navigation Safety Bylaws Review Committee

Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes

25 August 2022

Bay of Plenty Regional Navigation Safety Bylaws Review Committee

Ngā Meneti

Open Minutes

Commencing: Thursday 25 August 2022, 9:30 am

Venue: Via Zoom

Heamana

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

Ngā Kopounga

Members: Cr Jane Nees - BOPRC

Cr Kevin Winters – BOPRC

Raewyn Bennett – Tangata Whenua Representative

Micah Tawhara – Tangata Whenua Representative

Patrick Young – Tangata Whenua Representative

In Attendance: Reuben Fraser – General Manager Regulatory Services, Toni Briggs – Senior Project Manager, Monique Brooks – Legal Counsel, Rachel Boyte - Legal Counsel, Georgia Thomson – Community Engagement Advisor, Claudia Cameron – Committee Advisor.

Ngā Hōnea

Apologies: Cr Toi Kai Rākau Iti for absence;

Cr Kevin Winters for early departure.

Introduction: An introduction to staff in attendance was provided by Toni Briggs – Senior Project Manager.

1. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Patrick Young.

2. Ngā Hōnea
Apologies

Resolved

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

1 Accepts the apologies from Cr Toi Kai Rākau Iti for absence and Cr Kevin Winters for early departure tendered at the meeting.

Nees/Bennett

CARRIED

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

Raewyn Bennett - Chair of Te Arawa ki Tai Charitable Trust and a Marine and Coastal Area (Takutai Moana) Act 2011 (MACA) claimant on behalf of Ngāti Pikiao.

Patrick Young - MACA Act claimant.

4. Minutes

Minutes to be Confirmed

4.1

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

Resolved

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

1 Confirms the Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes - 26 July 2022 as a true and correct record.

Matters Arising

· The operational aspects of bylaws implementation was to be addressed at the meeting on 20 September

· All other items identified for follow up were planned for discussion at this meeting

· Noted that Micah Tawhara’s name was spelled incorrectly in the Terms of Reference in the Agenda, and that this would be corrected.

Winters/Nees

CARRIED

5. Verbal Updates

The order of the Verbal Updates was amended from the Agenda contents to provide clarity around the legal concepts subsequently being discussed.

5.1

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

Tabled Document 1 - Relationship between the Maritime and Coastal Area Act and the Navigation Safety Bylaws: Objective ID A4189893

Presented by: Rachel Boyte – Legal Counsel. Supported by: Toni Briggs – Senior Project Manager

Key Points:

· Provided an overview of areas of potential cross-over between the Navigation Safety Bylaws review process and the MACA Act

· Customary Marine Title (CMT) and Protected Customary Rights (PCR) were identified as being of note, although they did not directly affect the bylaws or the bylaws review process

· A CMT planning document could impact the bylaws process; Council had an obligation to take it into account when decisions were made under the Local Government Act 2002 (LGA)

· There were no current CMT Planning Documents lodged with BOPRC

· PCRs had been granted within the Bay of Plenty region, but Navigation Safety Bylaws still applied to claimant areas, and must be adhered to, as they regulated maritime safety

· CMT orders could contain waahi tapu conditions, but these did not need to be reflected within the bylaws

· Waahi tapu restrictions may impact access to a location to enforce a bylaw, but this was seen as low risk

· Being a claimant for recognition orders under the MACA Act was not considered a conflict of interest to this bylaw review process.

In Response to Questions:

· A CMT planning document could only be lodged once the CMT decision was sealed by the court

· Although the Navigation Safety Bylaws had powers delegated from the Maritime Transport Act 1994, obligations under the LGA still applied, particularly around consultation with communities.

Key Points - Members:

· Requested that the legal team provided a one page summary of the key legal matters addressed.

5.2

Clarification of Legal Concepts

Presentation: Navigation Safety Bylaws Review Committee Meeting Two Presentation: Objective ID A4195373

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

Key Points:

· Provided an introduction to the identification and management of perceived and actual conflicts of interest

· Conflicts of interest were explained as a spectrum; which ranged from direct financial benefit to an interest shared with members of a community. Having an interest in a topic, and having a conflict of interest, were two separate concepts

· The extent of perceived or actual benefit impacted the level of management required

· It was always preferable to declare an interest, as this showed an awareness of the potential perception of bias; bylaws could be challenged based on a perception of bias

· A Te Ao Māori perspective did not alone constitute a conflict of interest

· Continued awareness of any potential conflicts of interest was an ongoing obligation for members as the bylaws review progressed

· Members were required to demonstrate open-mindedness during the review process. This included preparation for, and participation in, the meetings, an openness to new ideas and transparent decision making

· It was expected that members would have differing perspectives, but conduct authentic discussions as a collective.

In Response to Questions:

· Members’ participation in previous bylaws review processes was not seen as a conflict of interest, as long as open-mindedness was demonstrated

· The wide range of perspectives within the committee was intentional as it represented the varying views of the community

· A Te Ao Māori lens was important as issues covered by the bylaws would directly affect tangata whenua.

Key Points - Members:

· Welcomed and appreciated the encouragement of thorough debate and the informative material around legal concepts

· It was identified that there was an inconsistency in the way Māori viewed a conflict of interest and its effect on decision making, to the Western legal perspective. This made the application of Tikanga Māori, while operating within the framework of conflicts of interest, a challenge. In particular, the concept of whānau was much wider from a Te Ao Māori perspective

· As some members of the public may view committee members as having a pre-conceived view on some matters; staff would assist in the management of public perceptions.

6. Reports

Information Only

6.1

Updated Timeline for Review of the Regional Navigation Safety Bylaws

Tabled Document 2 - Heather Hamerton - Maketū Social and Recreational Impacts Assessment Report 2014: Objective ID A4198213

Tabled Document 3 - Heather Hamerton - Recreation Patterns Around Maketū Estuary and Kaituna River Following Rediversion of the Kaituna River 2022: Objective ID A4195844

Presented by: Toni Briggs – Senior Project Manager

Key Points:

· The updated Bylaws Review Project timeline was introduced, and although there were changes, the projected completion date remained the same

· An overview of the engagement plan would be provided to members at the 20 September meeting, with a more detailed plan provided at the 30 November meeting

· It was anticipated that committee members would be involved in the engagement programme

· Introduction into the bylaws document, key concepts and terminology would be provided at the next meeting

· Staff would make technical changes to the document and await the result of committee discussions before the key legacy issues were amended

· It was proposed the drafting of the new document would commence in February 2023

· A campaign would take place over the summer boating season to gain feedback around key legacy issues and potential areas for change.

In Response to Questions:

· Engagement would be sought from relevant BOPRC co-governance forums and Bay of Plenty entities which had an interest covered by the scope of the bylaws

· If the bylaws required community specific provisions, active engagement would take place with that community, and sufficient opportunity for direct input would be given

· Any additional changes to the timeline would be communicated to members.

Key Points - Members:

· Noted the importance of engaging with beach-goers as well as boat users

· Requested that two reports by Heather Hamerton – “Maketū Social and Recreational Impacts Assessment Report 2014” and “Recreation Patterns Around Maketū Estuary and Kaituna River Following Rediversion of the Kaituna River 2022”, assessing the use of the Kaituna River, be circulated to members.

Resolved

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.

von Dadelszen/Bennett

CARRIED

10.26 am - Cr Kevin Winters withdrew from the meeting.

10.26 am – The meeting adjourned.

10.40 am – The meeting reconvened.

6.2

An Introduction to Bylaws

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

Key Points:

· Provided an introduction to the Bay of Plenty Regional Navigation Safety Bylaws (the bylaws):

o The powers of authority and parameters were delegated from The Maritime Transport Act 1994, then adapted to meet the needs of the Bay of Plenty region

o The purpose was maritime safety, which must be at the forefront of all discussions and decisions

o The bylaws applied to all ships entering the Port of Tauranga, as well as recreational vessel use

· Other legislation, regulations and rules had to be taken into consideration, including:

o The Maritime and Marine Protection Rules published by Maritime NZ

o The MACA Act, which continued to be monitored by the BOPRC legal team, with any relevant court decisions or changes reported back to the committee

o The BOPRC Coastal Environment Plan

o All appropriate Iwi and Hapū Management Plans

o The Regional Policy Statement, which ensured consistency with the Resource Management Act 1991 (RMA)

o The Bylaws Act 1910

o Local Government Act 2002, specifically in relation to the consultation process

· The overarching goal was to create a succinct, easily accessible document, which took into account all influencing legislation and plans, while being balanced and fair, and responsible for maritime safety.

· A clear definition of the word ‘nuisance’ in relation to ensuring maritime safety had been investigated, but no clear definition in case law or direct interpretation in statute was found

· The definition of ‘public nuisance’, as applied by Territorial Authorities in bylaws for the purpose of preventing nuisance, could provide guidance, however was found to be too broad for the purpose of maintaining maritime safety

· To ensure the appropriate due diligence was conducted, and the bylaws developed were fair to the community, further investigation was needed

· The following next steps were proposed:

o A definition be requested form Maritime NZ

o A Council position statement on the definition of nuisance in terms of maritime safety be developed by the committee.

In Response to Questions:

· A definition of nuisance was required from Maritime NZ before public consultation on the bylaws occurred

· As the bylaws review process was being conducted under the LGA, there would be an extensive consultation period, hearings, deliberations and a final adoption of the bylaws

· A High Court Judicial Review was the only means to challenge bylaws; this was possible, although required a fairly high criteria to be met

· The main risks for Judicial Review were from a perception of bias, a conflict of interest, or the bylaws going beyond the delegated scope of legal authority (ultra vires), for example a purpose other than maritime safety

· Any further information required would be distributed to all members for consistency of information.

Resolved

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

1 Receives the report, An Introduction to Bylaws.

von Dadelszen/Nees

CARRIED

7. Karakia Kati
Closing Karakia

A karakia was provided by Patrick Young.

11:10 am – the meeting closed.

Confirmed

Cr Andrew von Dadelszen

Chairperson, Bay of Plenty Regional Navigation Safety Bylaws Review Committee



Pūrongo Ki: Report To:	Bay of Plenty Regional Navigation Safety Bylaws Review Committee
Rā Hui: Meeting Date:	20 September 2022
Kaituhi Pūrongo: Report Writer:	Toni Briggs, Senior Project Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Kaupapa: Purpose:	To introduce some key technical aspects of the Navigation Safety Bylaws regulation.

Understanding the technical aspects of the Navigational Safety Bylaws

Whakarāpopototanga
Executive Summary

This paper outlines the key concepts and terminology used in the Navigation Safety Bylaws. This will give Committee members a foundation of understanding of the content and intent of the key parts of the Bylaws document.

Ngā tūtohutanga
Recommendations

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

1 Receives the report, Understanding the technical aspects of the Navigational Safety Bylaws.

1. Kupu Whakataki
Introduction

Navigation Safety rules are much like road rules. Everyone on, in or by, the water needs to know and understand them. Navigation (maritime) regulation has been around for a very long time and terminology has built up over years of maritime practice. New Zealand maritime practice and regulation is influenced by international and national legislation and best practice

The Navigation Safety Bylaws focuses on ensuring maritime safety in our region. The key concepts of the Bylaws are outlined in this paper to provide a foundation of understanding in the terminology used in the document.

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^{^[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. Understanding the Bylaws technical terminology

2.1 Key Concepts

There are a few key concepts that apply overall to safety on, and in, the water.

1. The skipper is always legally responsible for the safety of a vessel and all the people on board and is also responsible for complying with all the relevant rules and regulations. Ignorance of any maritime rules or regional bylaws is not accepted as an excuse. Failure to comply can lead to instant fines and/or prosecution.

2. The Skipper must have a look out at all times. Every vessel must, at all times, maintain a proper lookout, not only by sight but also by sound. It is the Skipper’s responsibility to stay alert for other boats, swimmers, dive boats, kayaks, hazards, and obstacles; and keep focused on the water ahead, especially when travelling at speed. The vessel must not create a wake that causes unnecessary danger to other boats or people.

3. The Skipper must ensure that all on water manoeuvres are early and obvious. Key to this A picture containing arrow

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is giving way in the right manner (depending on the type of vessel e.g. powerboats must give way to those on the starboard (right) side. When meeting head on, powerboats must turn starboard, powerboats must give way to sail boats, A sailing boat must give way to another sailing boat if the wind is blowing from its port (left) side or if it is windward (upwind) to the other sailing boat.)

4. Communications equipment is an essential part of safe navigation. The skipper should carry at least two types that will work when wet. There are both high-tech ways – vhf radios, personal locator beacons, cellphones; and low-tech ways of getting attention. You can use or do any of the following:

· a horn to make noise

· a torch to wave, flash, or signal SOS

· a red flag

· your arms - raising and lowering your arms is recognised internationally as a distress signal.

Maritime New Zealand provide comprehensive guidance to overall safety on the water.

The Maritime Transport Act (MTA) outlines the specific regulation (in the form of Bylaws) that is applied at a regional level. These rules must sit within the specific regulation outlined in the MTA and the Maritime Rules (specifically Part 91: Navigation Safety; Part 22: Collision Prevention; and Part 9: Pilotage).

2.2 Specific Rules and Terminology

Navigation:

Navigation

means the act or process of managing or directing the course of a vessel on, though, over, or under the water; from one point to another.

Vessels:

· Types of vessels

Vessel Interchangeable with ship, craft, boat	means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes: (a) A ship (b) a barge, lighter or other like craft (c) a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates (d) a submarine or other submersible (e) a personal water craft (f) *a seaplane* when operating on the water (g) a sailboard, e-foil, e-board, flyboard, kiteboard, or paddleboard.**	Commercial ship, pleasure craft, fishing ship, foreign ship, seaplane, warship, personal watercraft, paddle craft, raft, sailboat, kayak, rowboat, recreational craft, sailboard, surfboard, tanker,
Personal Watercraft Interchangeable with Jetski	means a power driven vessel that has a fully enclosed hull and does not take on water if capsized and is designed to be operated by a personal standing, sitting astride or kneeling but is not seated within it.
Pleasure craft	Means a vessel that used exclusively for the owner’s pleasure or is the owner’s residence and is not offered or used for hire or reward.	Recreational craft, jet boat, sailboat,
Commercial Vessel	A vessel used for commercial gain. Note: this category usually has a wider scope of applicable legislation.	Cargo ship; oil tanker; commercial fishing ship/boat; cruise ship; ferries; barges; jet boats; tour boats
Other ‘vessels’	Some non-powered or non-motorised craft are affected by the same rules as powered and personal motorised vessels	Surfboard, hydrofoil, e-foil, wing-in-ground (WIG craft), sailboard, paddle board,

On the vessel:

· Personal Flotation Devices or buoyancy aids

There are very specific rules around wearing lifejackets on vessels. These are prescribed in the Maritime Rules: Part 91. Personal Flotation Devices must be to a particular standard in order to comply with regulation.

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On the water:

· Speed of vessels

The speed limit is 5 knots if you are:

· within 200m of the shore

· within 200m of any structure

· within 200m of a boat displaying a diver’s flag

· within 50m of any other boat

· within 50m of a person swimming

· on a power boat if any person has any part of their body outside the rails or edge of the deck.

A knot is a unit of speed equal to one nautical mile per hour, or 1.82 kilometres per hour.

Nautical miles are used to measure the distance travelled through the water.

A nautical mile is slightly longer than a mile on land, equalling 1.1508 land-measured (or statute) miles.

The nautical mile is based on the Earth’s longitude and latitude coordinates, with one nautical mile equalling one minute of latitude.

· Speed Uplifting

In some areas There are a number of circumstances where this blanket rule may be inappropriate, restrictive, or not needed.

The Navigation Safety Bylaws are able to modify the 5 knot rule to increase the speed limit.

The Bylaws must identify the area to which the increased speed applies and any conditions that may apply. This is called ‘speed uplifting’.

· Collision Prevention:

The main causes of collisions between boats are people not keeping an eye on what’s going on around them and going too fast for the conditions.

There have been very specific rules developed to prevent collisions on the water. Many of these are much like road rules. These are prescribed in the Maritime Rules: Part 22.

· Navigation Aids

The waters of New Zealand are marked for safe navigation using the International Association of Lighthouse Authorities (IALA) A maritime buoyage system.

Buoys and beacons help guide boaties through shallow water, busy channels, and past hazards. They are the ‘road signs’ on the water and the different shapes and sizes communicate important information about what side is safe to pass on.

Navigation aids are protected by specific clauses in the Navigation Safety Bylaws.

Examples of common navigation aids can be seen in Attachment 1.

· Moorings

A mooring refers to an approved structure to which a vessel may be secured. In the Bay of Plenty there are more than 490 designated swing moorings spread across Tauranga, Whakatāne and Ōhiwa harbours. These areas are identified in the Navigation Safety Bylaws and areas are set through resource consent and the Bay of Plenty Regional Coastal Plan (Structures and Occupation of Space).

Moorings are permitted in areas designated within the Coastal Plan. Mooring administration is undertaken by the Bay of Plenty Regional Council under the Bay of Plenty Navigation Safety Bylaws. All negotiations for the sale of moorings are between the mooring consent holder and the purchaser.

All moorings are individually owned. The mooring owner holds a licence for that mooring which is boat specific and subject to compliance under Navigation Safety Bylaws.

There is an annual Mooring Licence Fee and all moorings must be inspected every two years to the Harbourmaster’s specifications by an approved inspector. A lift and service fee is payable, plus the cost of any replacement components.

A mooring can be sold or leased but it is illegal to secure a vessel to a mooring unless permission has been granted by the mooring owner.

The Harbourmasters office can issue a $200 infringement to the master of any vessel on a mooring without the owner’s permission.

Berths and anchorages are different from moorings. An anchorage is the temporary securing of a vessel to the bed of the waters. There are specific clauses for anchorages within the Bay of Plenty Navigation Safety Bylaws – including where there are restricted or prohibited areas.

A berth is usually within a structured marina (that are often privately owned) in which berths can be rented. A marina often provides a range of services and long term protection of vessels. Marinas must comply with all maritime safety rules, regulation, and bylaws.

· Temporary events

To carry out a temporary water event e.g. ski race, triathlon, or other aquatic event; an application must be made to the Bay of Plenty Regional Council each time through the Navigation Safety Bylaws. This is because the event may:

· There may need to be a temporary speed uplifting

· There may need to be a partial area closure for other vessels

· Navigation aids or mooring may need to be temporary shifted.

An event Safe Operating Plan will need to be developed for each event.

· Reserved Areas:

In order to better fulfil the regulatory requirements of the Maritime Transport Act, Maritime Rules and the Navigation Safety Bylaws whilst allowing for a wide range of uses, activities and events it sometimes necessary to designate areas for specific uses. This ensures the best safety protection for users. Aras may include:

· Swimming only areas

· Surfing areas

· Water ski areas

· Speed restriction areas.

These areas are most often permanent to provide consistency to the public however the Harbourmaster also has the ability to designate areas temporarily in times of heavy use.

· Access lanes

An Access Lane is an identified area designated for vessel movement from one place to another in high traffic/use areas. These areas are specifically defined in the Navigation Safety Bylaws and have identifiable markers (navigation aids) permanently in place.

The key premise of access lanes is that the vessel must travel through the area by the most direct route, and not stop or obstruct passage of other vessels.

In the Harbour:

The Bay of Plenty holds one of New Zealand’s largest ports. The Port’s facilities in Tauranga include the country’s largest and fastest-growing container terminal, extensive bulk cargo wharves and storage facilities, and bunker berths. It is the only New Zealand port able to accommodate the largest container vessels to visit here. Port of Tauranga handles a third of all New Zealand cargo, nearly 40% of New Zealand exports and nearly half of all shipping containers.

· Pilotage

The ensure safe passage of foreign vessels into the Tauranga Harbour there are some very specific regulations that apply.

For all ships larger than 500 gross tonnes (508,000 kilograms) coming into and going out of Tauranga Harbour an experienced professional pilot must board the ship to provide specific advice on navigating the Tauranga Harbour. Highly trained Pilots are provided by the Port of Tauranga, with the Harbourmaster ensuring the overall safety aspects of Pilotage within the Navigation Safety Bylaws.

· Hot Works

The application of safety regulations for Hot works on large port bound ships is provided for in the Navigation Safety Bylaws.

‘Hot works’ includes welding, flame cutting, grinding, blow lamps and soldering and have a high number of safety risk factors, the most obvious being fire.

The practical process of notifying the Harbourmaster of the intention to undertake hot works is clearly defined in the current Bylaws to ensure that the Harbourmaster is aware of the types of works, the safety equipment and protection measures to be put in place. IT also provides for the ability for the Harbourmaster to comment on the safety measures planned and the ability for the Harbourmaster to audit the works and procedures if warranted.

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

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 this 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 Committee Meeting will be held after local government elections on 30 November 2022. This will begin our more focused phase of the Bylaws review as we start to delve into the detail of the legacy issues.

Attachments

Attachment 1 - Attachment 1 Examples of Navigation Aids ⇩



Pūrongo Ki: Report To:	Bay of Plenty Regional Navigation Safety Bylaws Review Committee
Rā Hui: Meeting Date:	20 September 2022
Kaituhi Pūrongo: Report Writer:	Toni Briggs, Senior Project Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Kaupapa: Purpose:	To provide the committee with more detail on the communications and engagement plan for the review of the Bay of Plenty Regional Navigational Safety Bylaws.

Communications and Engagement Plan Overview

Whakarāpopototanga
Executive Summary

One of the most important parts of reviewing local government regulation is the feedback and input we have from our communities. Staff have developed a detailed Communication and Engagement Plan that outlines how we will encourage our communities to input into the draft document of a new 2023 Bay of Plenty Regional Navigation Safety Bylaws.

Ngā tūtohutanga
Recommendations

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

1 Receives the report, Communications and Engagement Plan Overview.

1. Kupu Whakataki
Introduction

This paper introduces the Communications and Engagement Plan for the Navigation safety Bylaws Review Project.

The Plan provides an overview of the pathways we will take to engage with, and communicate to, stakeholders, tangata whenua, commercial operators, sports and recreation groups, internal teams and the general public.

1.1 Pou Tarāwaho ā-Ture
Legislative Framework

1.1.1 The Maritime Transport Act 1994

Maritime Rules

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

Of particular importance to Regional Councils are:

· Maritime Rules – Part 90 – Pilotage

· 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

1.1.2 The Local Government Act 2002:

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

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.

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. Communications and Engagement Plan

Communications and engagement will be undertaken in two main Phases.

2.1 Phase 1

Phase 1 will focus on high-level key messaging which will inform and educate the community. This will focus on the what, why and how of the review, and to develop increased public awareness of the review.

Key communication collateral will include newspapers, newsletters, and radio, social media and video, pamphlets, and written material, and our Participate survey page.

2.2 Phase 2

This phase will focus more on the detail of the review, engagement with specific groups and stakeholders on issues and options for the new Bylaws. This phase also included the formal consultation component, where we will ask for submissions on a draft document.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

3.2 Huringa Āhuarangi
Climate Change

3.3 Ngā Pānga ki te Māori
Implications for Māori

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

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 a draft is attached to this report. This plan will specifically outline the pre-engagement and consultation aspects of the project.

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

Staff will provide further detail on Phase 1 of the Plan at the Committees meeting in November. This will outline our 2022/23 Summer campaign.

Attachments

Attachment 1 - Navigation Safety Bylaws Review - Communications and Engagement Plan DRAFT Sept 22 (002) ⇩

[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).

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 Micah 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