|
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.
|
|
|
|
|
|
Pūrongo Ki:
Report To:
|
Bay of
Plenty Regional Navigation Safety Bylaws Review Committee
|
|
Rā Hui:
Meeting Date:
|
2 April
2024
|
|
Kaituhi Pūrongo:
Report Writer:
|
Toni Briggs, Senior Project Manager
|
|
Kaiwhakamana
Pūrongo:
Report Authoriser:
|
Reuben Fraser, General Manager,
Regulatory Services
|
|
Kaupapa:
Purpose:
|
To provide the Regional Navigation
Safety Review Committee with information required to conduct Hearings on the
draft Regional Navigation Safety Bylaws 2024.
|
|
|
|
Regional
Navigation Safety Bylaws Hearings
|
Whakarāpopototanga
Executive Summary
This report provides the Regional
Navigation Safety Bylaws Review Committee with the information required to
conduct Hearings on the draft Regional Navigation Safety Bylaws.
|
Ngā tūtohutanga
Recommendations
That the Bay of Plenty Regional
Navigation Safety Bylaws Review Committee:
1 Receives the report, Regional Navigation Safety Bylaws
Hearings;
2 Receives the Full Submissions document;
3 Agrees to accept the noted late submissions;
4 Receives any tabled documents from submitters during the
Hearings.
1. Kupu Whakataki
Introduction
This report
provides the Regional Navigation Safety Review Committee with the information
required to conduct Hearings on the draft Regional Navigation Safety Bylaws. As
members will recall, the draft Bylaws were approved for public consultation by
Regional Council at its 14 December 2023 meeting following a comprehensive
review process. The Bylaws were subsequently released for public consultation,
with 576 submissions being received between 18 December 2023 and 29 February
2024.
Staff have
provided a full submissions pack with some initial analysis done for this
report (Attachment 1).
Under the Local
Government Act 2002, section 82(1)(d) Council must give submitters an
opportunity to present their views to the Committee in person. Therefore,
council are holding public Hearings over three days.
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 Maritime
New Zealand under the Maritime Transport Act 1994.
Maritime Rules
relate to the safety of ships (vessels) 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 (sections 82 - 86).
Public Hearings
are undertaken under section 82(1)(d).
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 through a separate
process of application to the Minister of Transport.
1.1.4 Other Legislation:
Staff have also
ensured 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.
|
1.2.1 Community Well-beings
Assessment
|
Dominant Well-Beings Affected
|
|
þ Environmental
Low -
Positive
|
þ Cultural
Low -
Positive
|
þ Social
Low -
Positive
|
þ Economic
Low -
Positive
|
2. Submissions
Council
highlighted five main areas of potential change in the Statement of Proposal,
providing a range of options for feedback. These areas generated a high number
of views within the community.
The following
section provides some initial analysis of all submissions:
2.1 Initial Data
Total submissions: 576
Total submission points: 1040
2.2 Submissions
Pack
The attached
submissions pack contains the submitter and submission information to enable
Hearings Subcommittee members to be prepared for the hearings, including the
following:
· Draft hearings schedules, setting out the timing of the hearings.
Please note this is a draft schedule and may be subject to change. A final
schedule will be provided at the start of each hearing session.
· A Full Submissions Report containing all online submissions (99% of
submissions) and all written submissions (1% of submissions).
· A copy of instructions given to each Hearing participant.
· A copy of Hearings procedure information for Committee members.
2.3 Late
Submissions
There were two
late submissions – Tauranga City Council, submitter 575 (1 working day)
and Grant Fraser, submitter 572 (1 working day). Both were provisionally
accepted by staff. We ask the committee to accept these late submissions.
3. Hearings
Attached are
the draft Hearings schedules for each of the three days.
· Whakatāne – 2 April 2024: 12 submitters in 10
slots. Staff are trying to arrange a field trip in the afternoon to Ōhiwa
Harbour.
· Tauranga – 3 April 2024: 26 submitters (Single submitters and
groups) in 28 Slots. This is a full day session.
· Tauranga – 4 April 2024: Eight submitters (Single submitters
and groups) in 18 slots. Staff are trying to arrange a field trip to Hunters
Creeks and Pilot Bay in the afternoon.
4. Ngā Whakaarohanga
Considerations
4.1 Ngā
Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations
There are no
significant risks associated with this procedural matter.
4.2 Huringa
Āhuarangi
Climate Change
The matters
addressed in this report are not sensitive to the effects of climate change.
Staff have also considered the effect of the initiative on greenhouse gas
emissions and consider that there will be no effect.
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 was vital to
include them in the consultation, and decision-making process.
We have had
considerable submission from affected iwi and local communities on Hunters
Creek, Tarawera River, and Kaituna River in particular.
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.
|
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
5.1 Deliberations
A deliberations
report containing a summary of submission points and draft staff
recommendations will be prepared for the Committee’s deliberations
commencing 7 – 8 May 2024. This will be accompanied by a track
changes version of the draft RPTP showing the effect of the draft
recommendations.
5.2 Adoption
Adoption of the
Bay of Plenty Regional Navigation Safety Bylaws 2024 is a two-step process:
· The Committee will endorse a final Bay of Plenty Regional Navigation
Safety Bylaws 2024 for adoption by full Council on 6 June 2024.
· Regional Council will then adopt the final Bylaws document at its
meeting on 1 August 2024.
Attachments
Attachment 1 - Hearings Schedules ⇩
Attachment 2 - Hearings Procedure for Submitters ⇩
Attachment 3 - Hearings Procedure - Additional advice for Hearing
Committee and Staff ⇩
Supporting Document 1 - Full Submissions Pack ⇩
