Agenda of Bay of Plenty Regional Navigation Safety Bylaws Review Committee

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 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

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.

Bay of Plenty Regional Navigation Safety Bylaws Review Committee 27 April 2023

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. Public Excluded Business to be Transferred into the Open

8. Minutes

Minutes to be Confirmed

8.1 Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes - 15 February 2023 1

9. Verbal Updates

9.1 Q & A follow up: Workshop Items

Presented by: Toni Briggs - Senior Project Manager

9.2 Ramping Report - Update from Previous Workshop

Presented by: Toni Briggs - Senior Project Manager

10. Reports

Decisions Required

10.1 Options for Consultation 1

Attachment 1 - Sites of significance Kaituna He Taonga Tuku Iho 1

Attachment 2 - SunLive - Jetboaters upset Kawerau community - The Bay's News First 1

Attachment 3 - Newsletter 1 for Bay of Plenty Regional Navigation Safety Bylaws Review 1

Attachment 4 - Stakeholders Register and Communications Log for NL1 1

Attachment 5 - 5568 Nav Safety Bylaws Consultation Doc A5 Mock Up for Committee Meeting 12 Apr 23 1

Attachment 6 - Visio-Timeline Plan J Updated for COMMITTEE 18 Apr 23 1

11. Public Excluded Section

Resolution to exclude the public

Excludes the public from the following parts of the proceedings of this meeting as set out below:

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.	Subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Grounds under Section 48(1) for the passing of this resolution	When the item can be released into the public
11.1	Internal Legal Opinions for discussion	Withholding the information is necessary to maintain legal professional privilege.	48(1)(a)(i) Section 7 (2)(g).	On the Chief Executive's approval.

Decisions Required

11.1 Internal Legal Opinions for discussion

Attachment 1 - CONFIDENTIAL Memo to Nav Safety Committee Confidential Email Committee Members for 14 Mar 23 workshop

Attachment 2 - CONFIDENTIAL Bay of Plenty Regional Council Memorandum MACA and Bylaws

Attachment 3 - CONFIDENTIAL Bay of Plenty Regional Council Memorandum NPSFM and Bylaws

12. Public Excluded Business to be Transferred into the Open

13. Readmit the Public

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

15. Karakia Kati
Closing Prayer

Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes

15 February 2023

Bay of Plenty Regional Navigation Safety Bylaws Review Committee

Ngā Meneti

Open Minutes

Commencing: Wednesday 15 February 2023, 9.35am

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga and via Zoom

Heamana

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

Heamana Tuarua

Deputy Chairperson: Cr Toi Kai Rākau Iti – BOPRC (via Zoom)

Ngā Kopounga

Members: Cr Kevin Winters – BOPRC

Cr Jane Nees – BOPRC (via Zoom)

Raewyn Bennett – Tangata Whenua Representative

Patrick Young - Tangata Whenua Representative

In Attendance: Reuben Fraser – General Manager Regulatory Services, Kataraina O’Brien – General Manager Strategic Engagement, Toni Briggs – Senior Project Manager, Jon Jon Peters - Bay of Plenty Harbourmaster, Dan Rapson - Bay of Plenty Deputy Harbourmaster, Scott Robinson - Maritime Operations Team Leader, Monique Brooks – Legal Counsel, Georgia Thomson - Community Engagement Advisor (via Zoom), Claudia Cameron – Committee Advisor.

Ngā Hōnea

Apologies: Micah Tawhara – Tangata Whenua Representative for absence.

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 apology from Micah Tawhara for absence tendered at the meeting.

Bennett/Winters

CARRIED

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

None declared.

4. Minutes

Minutes to be Received

4.1 Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes - 20 September 2022

Resolved

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

1 Receives the Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes - 20 September 2022.

Winters/Young

CARRIED

5. Presentations

5.1

Maritime Operational Perspective

Presentation: Bay of Plenty Harbourmaster Team: Objective ID A4311133

Presented by: Jon Jon Peters - Bay of Plenty Harbourmaster
Dan Rapson - Bay of Plenty Deputy Harbourmaster
Scott Robinson - Maritime Operations Team Leader

Key Points:

· The restricted channel of Tauranga harbour, combined with its busy port, made its management a challenge

· The issue of small pleasure crafts not giving way to large container ships was highlighted. An incident causing a large ship to ground had the potential to disrupt port activity and cause an environmental disaster. Incidents of this nature were usually due to risk takers, not a lack of education. Education had been increased, including Pilots sharing their experiences. The fine for not giving to large ships way was $200, set in 2012, it was recommended the committee consider its increase

· Maritime patrols currently took place during holiday weekends and over summer. Year-round patrols were being considered, but contracting issues made this a challenge

· Evidence was required to convert a breach of bylaw into an infringement offence, the increased infringement rate demonstrated the improved training of the Patrol Team. Lower numbers of speed infringements were due to the difficulty in proving boat speed

· A successful summer education programme had taken place; however, bylaw breaches were often by amateurs or people visiting the area. The aggression faced by the team when patrolling was highlighted

· Special water events required exemptions from the bylaws, with each application assessed by the Harbourmaster Team. Events must not cause danger to persons or property, which created a high threshold to allow events

· Navigational aid numbers were being increased, with over 900 currently operational. Aids in the shipping channel were installed, maintained and paid for by the port, the on-going maintenance of other aids were the responsibility of the Harbourmaster Team

· The Port of Tauranga assisted with the removal of logs fallen from logging ships but the removal of other hazards, such as fallen trees was the responsibility of the Harbourmaster Team

· BOPRC was able to assist with tier one and two oil spills through the oil spoil contingency plan (reviewed every three years), but tier three, such as from the Rena, required a national response

· Tauranga was well resourced to deal with oil spills, but the eastern BOP area was under resourced. The neglect of boats with a large oil holding capacity was an environmental concern as BOPRC did not have the equipment to quickly lift these boats from the water once wrecked

· Mooring areas and the associated challenges were identified, mooring locations were outlined by the coastal plan, and inspection and audit conducted by the Harbourmaster Team

· The removal of wrecked and abandoned vessels was an on-going cost. There was no mandate to remove a boat from a mooring under the bylaws, the Harbourmaster Team were able to manage the mooring from the perspective of safety only. The mooring block to the water line was included in the mooring ownership

· The high workload of the Harbourmaster Team was emphasised, in addition to ‘business as usual’ the team supports other teams with the supply of boats and crew, both internally and to external organisations such as the Police

· Tightening the bylaws would allow the Harbourmaster Team to work more efficiently, and the increase of infringement fees would give the Harbourmaster Team the tools to disincentivise behaviours.

Key Points - Members:

· Suggested the use of pilot boats in the same way as pilot vehicles on roads, however, the unmaneuverability of large ships made the port more challenging

· Identified the need for increased Harbourmaster Team patrol in Ōhiwa harbour and recognised the danger of boats close to kaimoana beds, it was recommended a strategy to improve safety be developed

· Noted that a full Maritime Team report, which included all breaches of bylaws, would be provided to a future Monitoring and Operations Committee meeting

· Expressed some frustration over the moorings’ challenges, and potential environmental issues of wrecked boats due to owner negligence, but appreciated the bylaws only provided a mandate based on navigation safety, not environmental safety.

In Response to Questions:

· The Harbour Wardens scheme had been discontinued as it had become a challenge under the Health and Safety at Work Act 2015, current patrols were conducted by contractors

· The Harbourmaster Team had requested equipment and support from Maritime NZ and the Ministry for Primary Industries to better resource the Eastern area of the BOP.

Items for Staff Follow Up:

· Staff to approach Maritime NZ to gauge infringement fees across the country

· Members requested bylaw data for Ōhiwa Harbour, including infringement rates and patrol numbers.

11.00 am – the meeting adjourned.

11.15 am – the meeting reconvened.

6. Verbal Updates

6.1

Field Trip Planning - From late Summer 2023

Presentation: Navigation Safety Bylaws Review Committee Meeting Presentation - 15 February 2023: Objective ID A4311131

Presented by: Toni Briggs – Senior Project Manager

Key Points:

· Suggested areas to visit included:

o Hunters Creek ski lane

o The lower Kaituna River, the bar and new wetlands, with particular focus on speed uplifting

o Ōhiwa Harbour and the Ihukatia Trust

o The Port of Tauranga.

Key Points - Members:

· Suggested areas to visit included:

o Ōmokoroa, and any ski lane alternatives to Hunters Creek

o Matahi spit and lake Rotomā, although the issues were only present at busy times

o Kaimoana gathering locations which intersected with water sports areas, for example Rangiweae Island channels and Ōhope

o Recommended speaking to local residents of the Kaituna during the visit, including Taheke 8C

· Future development projects and their potential impact needed to be considered, however it was noted the bylaws would be reviewed again in five years. Projects included:

o The Ōpōtiki harbour development

o Te Tumu development

o The potential Tauranga Port extension

· Recommended staff talking to local residents to hear concerns and collating the data to bring back to the committee, particularly around ski lane safety concerns.

In Response to Questions:

· Although Te Mana O Te Wai, the principle of Mahinga Kai and the Navigation Safety Bylaws were concerned with freshwater management, it was noted that the bylaws related only to navigation safety

· Noted the available days and locations visited would depend on Harbourmaster Team availability.

6.2

Engagement Update

Presented by: Georgia Thomson - Community Engagement Advisor, supported by Toni Briggs - Senior Project Manager

Key Points:

· Introduced the Participate Webpage which was used to gain feedback from the community

· The bylaws review had the highest participation rate on the website, which demonstrated good community engagement

· The data from people residing outside of the BOP region had been removed

· No suitable alternative to Hunters Creek had been recommended

· Opinions around ski lanes in Ōhiwa was polarised, however the sample pool was only 20 people

· Pop up engagement had been beneficial, and it was expected the community members engaged with would pass the information back to their communities

· Iwi, Hapū, Trusts and more specific groups, such as sports groups, had not been engaged with yet, this would occur during phase two, which was about to commence.

Items for Staff Follow Up:

· Members requested a list of groups to be consulted.

6.3

Feedback on Actions from the Previous Meeting

Presented by: Toni Briggs – Senior Project Manager

Key Points:

· There had been summer educational campaigns to improve boat safety

· A Regional Coastal Environment Plan Change would be required to extend, update or move mooring areas. There was currently an issue with capacity, however this was not within the scope of the bylaws

· The scope and mandate of the bylaws was reiterated, with the purpose to ensure navigation safety

· The final decision on bylaws adoption was made by full Council, through a Committee recommendation

· The Terms of Reference of the Navigation Safety Bylaws Review Committee included engagement with key stake holders, although rules around engagement were clear and required balanced conversations, non-expression of opinion and no opinion of the potential outcome of the process

· The review process was transparent to reduce the potential for challenge to the bylaws.

7. Reports

Information Only

7.1

Feedback from previous meeting actions – Including the inclusion of tangata whenua in the Bay of Plenty Region Navigation Safety Bylaws Review Committee

Presented by: Toni Briggs – Senior Project Manager

Key Points:

· The bylaws impacted a high proportion of tangata whenua, and many of the issues were challenging

· Te Ao Māori added enrichment to the bylaws review process through additional viewpoints

· Assurance was given that the bylaws would have all the appropriate rules to manage the new harbour developments in Ōpotitki and Whakatāne, and would be fit for purpose.

Key Points - Members:

· Concern was expressed over intoxicated skippers and unlicenced skippers, assurance was sought that the bylaws did not have scope to cover these issues.

In Response to Questions:

· Harbourmasters had been advocating for the Life Jackets for Children and Young Persons Bill to be presented to Parliament but it had been delayed.

Items for Staff Follow Up:

· A written legal opinion was requested to formally acknowledge that the Navigation Safety Bylaws did not have the legal mandate to contain rules around skipper alcohol intoxication and mandatory skipper training.

Resolved

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

2 Receives the report, Feedback from previous meeting actions – Including the inclusion of tangata whenua in the Bay of Plenty Region Navigation Safety Bylaws Review Committee.

Winters/Bennett

CARRIED

7.2

Challenge Areas in the Regional Navigation Safety Bylaws Review

Presented by: Toni Briggs – Senior Project Manager

Key Points:

· An options analysis will be conducted by staff, and recommendations for changes to the bylaws will be workshopped by the Committee with the focus on Tier 1 issues

· Additionally, a formal submission, hearing and deliberation process would be conducted, with the Committee making a recommendation to full Council.

Key Points - Members:

· It was requested that more information be provided around the potential crossover of the National Policy Statement for Freshwater and the Navigation Safety Bylaws

· Recommended the consultation process asked the public to offer potential solutions, particularly around legacy issues.

Items for Staff Follow Up:

· Staff were requested to provide legal advice to confirm Marine and Coastal Area Act applicants were not at risk of a conflict of interest through their involvement with the Navigation Safety Bylaws Review Committee.

Resolved

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

1 Receives the report, Challenge Areas in the Regional Navigation Safety Bylaws Review;

2 Recommends the Tier 1, Tier 2 and Tier 3 decision making and information receiving approach as outlined in the Report attachment.

Winters/Young

CARRIED

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

9. Karakia Kati
Closing Karakia

A karakia was provided by Patrick Young.

12.40 pm – 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:	27 April 2023
Kaituhi Pūrongo: Report Writer:	Toni Briggs, Senior Project Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Kaupapa: Purpose:	To provide a synopsis of the consultation approach of presenting options for possible changes to the Bylaws in a consultation draft.

Options for Consultation

Whakarāpopototanga
Executive Summary

Direction from the Committee suggested that the engagement and consultation campaign consist of providing a range of options for the community to provide feedback on.

Staff propose a range of engagement opportunities for this to occur, including:

· Open day sessions held in each of the areas most affected by the changes.

· Invite sent to key stakeholders with an invitation for staff to visit clubs, groups, iwi etc.

· Updating the Participate Page with further detail on options for feedback.

· A specific email address for personal feedback.

Formal consultation will focus on a range of avenues for feedback including on-line and hand-written submission forms.

Throughout both engagement and consultation there will be an intensive media campaign, including newspaper, radio, social media, and council led e-panui, newsletters and community publications.

Ngā tūtohutanga
Recommendations

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

1 Receives the report, Options for Consultation;

2 Approves the approach to providing a range of options to the community for consultation;

3 Agrees with the proposed process for engagement and consultation.

1. Kupu Whakataki
Introduction

Regional Navigation Safety Bylaws are made under the Maritime Transport Act 1994 (MTA) and the Local Government Act 2002 (LGA).

The MTA prescribes what is addressed in localised Bylaws, and the LGA prescribes the process for making Bylaws. Of most importance is the public consultation process that must be followed to ensure open and transparent decision-making.

A comprehensive Communication and Engagement Plan was presented to this Committee previously. This outlined a 3-phase process –

· Phase 1: Initial community pre-engagement, with a summer campaign of on-line feedback and pop-up sessions at popular summer water activity spots.

· Phase 2: Focused pre-engagement, with newsletters, social media, media, website feedback and in-person engagement.

· Phase 3: Formal consultation, with submissions, hearings, and deliberations.

Staff have now started Phase 2, with the launch of an initial newsletter sent to a wide range of stakeholders (attached to this report).

This paper summarises the Phase 2 process in particular and introduces some of the collateral to be used in both Phases 2 and 3.

It also outlines the options to be presented for engagement and consultation.

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 marine titles and protected customary rights.

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. Options for Engagement and Consultation

2.1 Kaituna Speed Uplifting

As has already been outlined in previous committee papers, the Kaituna River speed uplifting has a complicated past. A range of previous papers have outlined the history and complexity of this specific rule. What staff have concentrated on with this review is the importance of safety in an area that is popular for a range of water activities – recreational, cultural and business.

Below are the options that will be presented for feedback to our communities.

Option	Synopsis
1: Status Quo (Current Situation)	Keep the speed uplifting in schedule 3 as: "Areas subject to speed uplifting: All navigable waters of the Kaituna River upstream of the Bell Rd boat ramp to Mangorewa confluence"
2: Remove Speed Uplifting from entire River	Apply the 5 knot rule to the entire River.
3: Remove Speed Uplifting on Lower river (from mouth to Mangorewa River confluence)	Apply the 5 knot rule to the lower Kaituna River, leaving the upper Kaituna speed uplifting in place for Spring Loaded Fun Park consent (currently not in operation).
4: Application of Passive recreation areas or swimming areas identified and designated as reserved for swimmer (i.e. vessel speed must be 5 knots)	Identify swimming areas as a passive recreation area (or similar) where vessels must go 5 knots in the most direct route through the area. (See Attachment 1 for initial identification of these areas).

2.2 Hunters Creek/ Otapu Ski Area

The Hunters Creek/Otapu area with its currently ski lane has another complicated history.

The following are the options to be presented to communities for feedback.

Of special note, staff are attempting to arrange special engagement with the hapū of Matakana and Rangiwāea Islands.

Option	Synopsis
1: Status Quo (current situation)	The area of Hunters Creek, between Matakana and Rangiwāea Islands is designated as a reserved area for skiing ONLY^{^[2]} between sunrise and sunset, except for two hours either side of low tide.
2: Status Quo with caveats	Leave the Ski Lane where it is but add caveats around increased monitoring and compliance; undertaken partnerships with other entities to address non-bylaws issues (e.g. beach landings).
3: Remove ski lane all together	Remove the ski lane all together. Do not create another elsewhere

Note: a 4^th option was considered: Moving the ski lane to an alternative location. This was removed as a viable option due to the fact that there are 5 other ski lanes in Tauranga Harbour already.

2.3 Tarawera River Speed Uplifting

The Tarawera River speed uplifting is currently for the entire navigable parts of the River from the Pacific Coast Highway (Thornton Rd) bridge inland.

Jetboat speed has become an issue for Kawerau residents that use the River for swimming. (See Attachment 2).

Option	Synopsis
1: Status Quo (current situation)	Keep the speed uplifting in place upon all navigable waters upstream of the Thornton Rd/Pacific Coast highway bridge.
2: Implement a 5 knot rule through the township of Kawerau – upstream of the State Highway 34 bridge to downstream of the upper edge of the Kawerau golf club	Identify the reach of the river through the Kawerau township as a swimming area as a passive recreation area (or similar) where vessels must go 5 knots in the most direct route through the area.

2.4 Ōhiwa Harbour

Option

Synopsis

1: Status Quo (current situation)

Leave the whole of Ohiwa Harbour as a PWC exclusion area.

Due to changes in legislation^{^[3]} the only way this can continue is through local (Whakatāne District Council and Ōpōtiki District Council) Bylaws.

2: Move PWC Area on the beach/ Allow PWC across the Harbour with standard speed rules applying.

Allow PWC across the harbour with all other standard bylaws rules applying e.g. 5 knots within 200m of shore, 50m of a person or vessel…

Move the PWC area on the beach side, opposite Maraetotora Park to the harbour entrance side of the Ōhope Golf club.

3. Engagement and Consultation

Phase 2 engagement is a more targeted campaign with a Newsletter being sent to all key stakeholders (See Attachments 3 & 4) encouraging stakeholder to be involved.

For this phase the focus is on more individualised feedback with newsletters, social media, media, website feedback and in-person engagement.

Some key stakeholders will be contacted directly due to the importance of the relationships – these include the territorial authorities, the residents of Matakana Island, and the Port of Tauranga.

Phase 2 is followed by a consultation period which will be more formal with a consultation document (Statement of Proposal) available on the Council website, and in print for (see Attachment 5). The consultation period will run for four weeks and conclude with the Committee reconvening for public Hearings in September 23.

4. Ngā Whakaarohanga
Considerations

4.1 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.

4.2 Huringa Āhuarangi
Climate Change

Climate change has an impact on all Council does and is considered in all that we do, and the effects are considered across the length of the project.

4.3 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.

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

A detailed Communications and Engagement Plan has been developed for the Navigation Safety Bylaws Review project and has been outlined to the Committee. This plan specifically outlines 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.

4.5 Ngā Pānga ā-Pūtea
Financial Implications

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

5. Ngā Mahi Whai Ake
Next Steps

The next Committee Meeting will be held on 30 June 2023, where staff will present a draft document for consultation (see Attachment 6).

That document will then need to be adopted for consultation by Full Council on 9 August 2023.

Attachments

Attachment 1 - Sites of significance Kaituna He Taonga Tuku Iho ⇩

Attachment 2 - SunLive - Jetboaters upset Kawerau community - The Bay's News First ⇩

Attachment 3 - Newsletter 1 for Bay of Plenty Regional Navigation Safety Bylaws Review ⇩

Attachment 4 - Stakeholders Register and Communications Log for NL1 ⇩

Attachment 5 - 5568 Nav Safety Bylaws Consultation Doc A5 Mock Up for Committee Meeting 12 Apr 23 ⇩

Attachment 6 - Visio-Timeline Plan J Updated for COMMITTEE 18 Apr 23 ⇩

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

[2] As a designated Ski Lane under the Bylaws, only those vessels TOWING can go over 5 knots, no other vessel can go over 5 knots whether in the designated area or not.

[3] Remember, the Maritime Transport Act mandates Regional Council to make Navigation Safety Bylaws “… for the purpose of ensuring maritime safety…” only.