Agenda of Bay of Plenty Regional Navigation Safety Bylaws Review Committee

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
10.1	Public Excluded Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes - 7 November 2023	As noted in the relevant Minutes.	As noted in the relevant Minutes.	To remain in public excluded.

Bay of Plenty Regional Navigation Safety Bylaws Review Committee Minutes

30 July 2024

Bay of Plenty Regional Navigation Safety Bylaws Review Committee

Ngā Meneti

Open Minutes

Commencing: Tuesday 30 July 2024, 9:30 am

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga

Heamana

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

Heamana Tuarua

Deputy Chairperson: Cr Toi Kai Rākau Iti - BOPRC

Ngā Kopounga

Members: Cr Jane Nees - BOPRC

Cr Kevin Winters - BOPRC

Raewyn Bennett – Tangata Whenua Representative

Patrick Young – Tangata Whenua Representative

In Attendance: Reuben Fraser - General Manager Regulatory Services; Toni Briggs – Senior Project Manager; Stephen Lamb - Natural Resources Policy Manager; Jon Jon Peters – Bay of Plenty Harbourmaster; Nick Swallow – Legal Counsel; Daniel Rapson – Deputy Harbourmaster, Jessica Somerville - Communications Partner; Hayley Sheridan – Legal Counsel; Claudia Cameron – Committee Advisor

1. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Patrick Young.

9:32 am - The meeting adjourned.

11:00 am – The meeting reconvened.

2. Chair’s Statement

It was noted that Micah Tawhara was no longer involved with the bylaw review process.

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

Raewyn Bennet noted extended whānau links to the residents of Matakana Island and Rangiwaea Island and noted that she had logged a Waitangi Tribunal claim in relation to the Maketū estuary.

Patrick Young noted whānau in Ōhiwa Harbour and throughout the Bay of Plenty, and noted submitter Tu O’Brien as his brother-in-law.

4. Minutes

Minutes to be Confirmed

4.1

Bay of Plenty Regional Navigation Safety Bylaws Review Committee Hearings Minutes - 2, 3 and 4 April 2024

Tabled Document 1 - Draft Ōhiwa Harbour Speed Uplifting Map - 29 July 2024: Objective ID A4733366

Tabled Document 2 - Sped Uplifting Definition - 30 July 2024: Objective ID A4733364

Resolved

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

1 Confirms the Bay of Plenty Regional Navigation Safety Bylaws Review Committee Hearings Minutes - 2, 3 and 4 April 2024 as a true and correct record.

Winters/Nees

CARRIED

5. Reports

Decisions Required

5.1

Bay of Plenty Regional Navigation Safety Bylaws Deliberations

Presented by: Toni Briggs – Senior Project Manager, Stephen Lamb – Natural Resources Policy Manager, Jon Jon Peters – Bay of Plenty Harbourmaster and Daniel Rapson – Deputy Harbourmaster

Supported by: Hayley Sheridan – Legal Counsel and Nick Swallow – Legal Counsel

Kaituna River

Key Points:

· Four options were consulted on and an options analysis had been provided

· Staff preferred option two which would provide for a 5 knot area within the speed uplifted area

· Clarified the five knot area by Ford Road was to remain.

Key Points - Members:

· Supported the staff recommendation

· Every map within the bylaw should have a key for ease of reference

· Clarity was required regarding the commercial consent, particularly that the uplift on that part of the river did not apply to anyone other than the consent holder

· There was a need for an over-arching educational campaign particularly for matters impacted by a change to the bylaw.

Tarawera River

Key Points:

· Three options had been consulted on

· Staff preferred option two which was a five knot zone, where speed uplifting was removed, through the Kawerau township. Speed uplifting would apply outside of that area.

Key Points - Members:

· Supported the staff recommendation

· The length of the five knot zone in kilometres should be included in communications to ensure clarity.

Ōhiwa Harbour

Key Points:

· Three options had been consulted on

· The staff recommendation was option two as the layout of the harbour left few places where a vessel would not either be within 50 metres of a structure or 200 metres of the shore, therefore if speed rules were adhered to, vessels should remain under five knots

· After discussion, a map of Ōhiwa harbour with a suggested five knot area, 20 knot area and speed uplifted area was tabled.

Key Points - Members:

· A safe speed within the majority of harbour for powered vessels was five knots due to the shifting bars and swimmers

· Acknowledged the need for vessels to make way from the Port Ōhope and Kuterere boat ramps to the harbour entrance at a speed above five knots, however this should be limited to 20 knots to maintain a safe speed

· A speed uplift for the harbour mouth was suggested to enable vessels to safely cross the bar

· The safety of people crossing the channel adjacent to the harbour mouth to access the pipi beds should be taken into consideration

· Noted the use of bar cameras and educational tools, collateral and briefings conducted by BOPRC staff for the purpose of maintaining navigation safety as opposed to for regulatory or infringement purposes

· Requested the signage design and placement be presented to the Monitoring and Operations Committee; the need for simplicity and clarity was emphasised.

Pilot Bay swim lane

Key Points:

· Two options were consulted on, with option two as a feasibility study to gauge public interest in the swim lane

· Recommended option one being the retention of status quo.

Key Points - Members:

· Supported the staff recommendation.

Submarine cables

Key Points - Members:

· Supported the staff recommendation

Future issues for consideration at next bylaws review

Key Points:

· Additional navigation safety issues had arisen post-consultation which would require a bylaw review before the next full review. These issues were:

o an extension to the Astrolabe Reef exclusion zone

o an alteration to the East Coast shipping route

o an anchoring prohibition within the shipping channel of Tauranga harbour

· As these items were not included in the consultation material changes could not be made at this review, however a partial review to only consider these issues could be conducted prior to the next full review

· Appropriate consultation would be conducted during a future review regarding these matters

· The consideration of any future extension to the Astrolabe reef exclusion zone would be for vessels over 500 tonnes. It was not an extension to the marine protection exclusion zone, so no additional monitoring would be required.

Key Points - Members:

· The intent to consider changes at a future review should be included as advisory notes within this version of the bylaws.

Editorial tracked changes

Key Points - Members:

· Supported the tracked changes.

Changes to definitions

Key Points:

· The deliberations tracked change version included new definitions for speed uplifting, board sports and anchoring

· Noted the tabled document regarding the changes to the definition of speed uplifting

· The inclusion of GPS anchoring within the definition of anchoring had been removed following advice from Maritime NZ. The definition of anchoring was now unchanged from the previous bylaw and only included physical anchoring as this was considered the safest and most reliable way to anchor a vessel.

Hunter’s Creek/Otapu ski lane

Key Points:

· Three options had been included for consultation

· Stakeholder opinion had been provided however there was no staff recommendation as option one and three were considered of equal weight

· Emphasised the need to weigh up navigational safety issues for each option to draw a conclusion

· Removal of the ski lane would likely see a large increase in users to the area which had the potential to result in increased conflict in the short term, however the culture may shift

· Due to the size of Hunter’s Creek/Otapu water skiing could still take place in that area without a designated ski lane, however, other users would no longer be required to vacate the area when a skier wished to use it.

Key Points - Members:

· Part time ski lane and partnerships (option 2 with variation):

o Reasons for:

§ A compromise position to allow shared use of the area by removing the ski lane between Easter and Labour weekend

§ There was potential to build relationships through partnerships which would also strengthen consultation for the next review

§ Retained the five knot rule for the two hours either side of low tide to allow passive activities throughout the year

o Reasons against:

§ Considered this too similar to status quo which favoured water skiers by allowing a ski lane during the peak/summer months

· Remove the ski lane (option three):

o Reasons for:

§ The current situation was not working and not safe, as demonstrated through the submissions

§ There were other ski lanes which could be used within Tauranga harbour, none of which had the same concerns as the Hunter’s Creek/Otapu ski lane

§ The ski lane removed the ability for passive activities such as swimming; it was necessary for children to learn water safety in a safe area such as Hunter’s Creek/Otapu

§ Considered it appropriate to try a different option as the current rules were not working

o Reasons against:

§ It was likely people would continue to water ski in the area, which may put them in closer proximity to other water users

§ Increased risk to swimmers if people continued to waterski there

§ Increased risk to water-skiers if there were moored boats

§ Management of the area would be more challenging

· Keep the ski lane (option one – Status Quo):

o Reasons for:

§ The current situation was considered the safest way to manage the area

§ During the two hours either side of low tide (being eight hours per day) the area could not be used for waterskiing and could be used for passive activities

o Reasons against:

§ There were many submissions opposing the ski lane, and some submissions were representative of many people

§ Few submissions highlighted the need to retain this ski lane based on safety

· Acknowledged the genuine attempt to compromise and seek a solution, however conceded that this decisions would be required to be determined by Regional Council.

Resolved

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

1 Receives the report, Bay of Plenty Regional Navigation Safety Bylaw Deliberations.

Winters/Nees

CARRIED

2 Regarding the Kaituna River, directs staff to implement the following changes to Bay of Plenty Regional Navigation Safety Bylaw 2024 as outlined in option two being:

a) Add a map indicating the five knot area at Ford Road to the Bylaw;

b) Designate the Waitangi Area from 200m downstream of the Waitangi railway bridge to 400m upstream of the Pacific Coast Highway Bridge a permanent five knot zone;

c) Note the projects occurring at Bell Rd and the advancement of the urban growth areas and consider implementing navigation safety review at next Bylaws review (in approximately 2029);

d) Maintain the speed uplifting of 20 knots from the Bell Road boat ramp to the Ford Road cut excluding the months of August and November inclusive (status quo) which shall be a speed uplifting of 10 knots;

e) Maintain the speed uplifting from Ford Road cut to the river mouth (status quo);

3 Regarding the Upper Kaituna commercial consent, directs staff to:

a) Consider the Upper Kaituna River Commercial Consent during the next review of the Bay of Plenty Regional Navigation Safety Bylaw, specifically reviewing the options of both no uplifting and an open uplifting being explored in the future and including the requisite consultation;

b) Add an advisory note regarding the speed uplifting rules on the Upper Kaituna, being that the uplifting does not apply to anyone other than the consent holder.

Winters/Bennett

CARRIED

4 Regarding the Tarawera River, directs staff to implement the following changes to Bay of Plenty Regional Navigation Safety Bylaw 2024 as outlined in option two being:

a) Designate the area from the State Highway 34 (Tamarangi Drive), through the Kawerau township to the end of the Kawerau Golf course land boundary as a five knot zone; and,

b) Install signage clearly marking the boundaries of the area;

c) Be cognisant of national and international kayak and raft competitions held on the same stretch of river as the proposed five knot zone, and the focused communication needed to ensure awareness that events can still take place;

d) Acknowledge issues, such as bank erosion, are outside of the scope of this committee and asks Regional Council to look at other issues through other mechanisms.

Iti/Young

CARRIED

5 Regarding Ōhiwa Harbour, directs staff to implement the following changes to Bay of Plenty Regional Navigation Safety Bylaw 2024 being:

a) Apply a five knot rule for all powered vessels throughout the harbour, except for the area outlined in the below map which will be 20 knots, with the addition of a full speed uplift at the mouth of the harbour entrance;

b) Clearly outline the speed constraints, as outlined within the bylaw, via clear signage and education.

Iti/Nees

CARRIED

6 Regarding the Pilot Bay swim lane, directs staff implement option one being to make no changes to Bay of Plenty Regional Navigation Safety Bylaw 2024.

Winters/von Dadelszen

CARRIED

7 Regarding the submarine cables, directs staff to:

a) Decline the Powerco submission;

b) Refer Powerco to the Ministry of Transport if they wish to protect their infrastructure through the Submarine Cables and Pipelines Act 1996.

Nees/Winters

CARRIED

8 Directs staff to include an advisory note within the Bay of Plenty Regional Navigation Safety Bylaw 2024 to show an intent to consider the alteration of the bylaw before the next review, regarding the following issues:

a) Extension of the Astrolabe Reef exclusion zone for vessels over 500 gross tonnes for the purposes of navigation safety

b) East coast shipping route to investigate the use of Navigation Safety bylaw powers to enhance safety aspects of this coastal route

c) The prohibition of anchoring within the Tauranga Harbour shipping channel.

Winters/Young

CARRIED

9 Directs staff to make edits and agreed changes to the speed and uplifting clauses as outlined in the tabled document, for the purpose of increased clarification and alignment with the rules within the Maritime Transport Act and Maritime Rules;

10 Accepts the editorial and numerical tracked changes as outlined in the Deliberations tracked change version of the Bay of Plenty Regional Navigation Safety Bylaw 2024;

11 Directs staff to incorporate diagrammatical, schedule and wording changes to support understanding of the bylaws clauses.

Nees/Bennett

CARRIED

Regarding Hunters Creek/Otapu Ski lane, directs staff to implement the following to the Bay of Plenty Regional Navigation Safety Bylaw 2024:

a) Option two with an amendment where there would be no dedicated ski area from the end of Easter weekend to the beginning of Labour weekend, being an operative ski lane between Labour weekend and Easter weekend inclusive, and;

b) Work with tangata whenua and WBOPDC to seek collaborative ways of working which will assist with the reduction of bylaw breaches, including the investigation into training of tangata whenua summer wardens, and to log the data relating to bylaw breaches within the ski lane area.

Nees/Winters

The motion was lost on a show of hands

New motion:

Regarding Hunters Creek/Otapu Ski lane, directs staff to implement the following change to the Bay of Plenty Regional Navigation Safety Bylaw 2024:

a) Option three with where there would be no dedicated ski area.

Iti/Bennett

The motion was lost on a show of hands

New motion:

Regarding Hunters Creek/Otapu Ski lane, directs staff to implement the following to the Bay of Plenty Regional Navigation Safety Bylaws 2024:

a) Option one being status quo.

Winters/Nees

The motion was lost on a show of hands

New motion:

12 Notes that the Committee was unable to reach consensus or a 75% majority to make a recommendation on Hunters Creek/Otapu Ski lane, with the effect that Regional Council will need to make a determination on this issue.

von Dadelszen/Iti

CARRIED

Raewyn Bennett abstained from voting on this motion.

6. Karakia Kati
Closing Karakia

A karakia was provided by Patrick Young.

1:10 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:	29 August 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 Committee with a tracked changes copy of the Bylaws for endorsement and recommendation to full Council for adoption.

Endorsement of a Final Tracked Changes Copy of the Bay of Plenty Regional Council Navigation Safety Bylaws 2024 for Council adoption.

Whakarāpopototanga
Executive Summary

This paper introduces a finalised draft (tracked changed) of the Bay of Plenty Navigation Safety Bylaws 2024, and outlines the changes made since Deliberations based on direction and resolution at Committee Deliberations held on 30 July 2024.

Ngā tūtohutanga
Recommendations

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

1 Receives the report, Endorsement of a Final Tracked Changes Copy of the Bay of Plenty Regional Council Navigation Safety Bylaws 2024 for Council adoption;

2 Endorses and recommends a final copy of the Bay of Plenty Regional Navigation Safety Bylaws 2024 for adoption by Regional Council.

1. Kupu Whakataki
Introduction

Staff have updated the draft Bay of Plenty Regional Navigation Safety Bylaws – Deliberations version with all suggested and resolved changes agree at Deliberations by the Committee on 30 July 2024.

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 speed, 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 bylaws 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 have updated through a separate process of application to the Minister of Transport and will be incorporated into the final Bylaws document.

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.

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

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

The review of the Navigation Safety Bylaws 2017 will affect all the well-beings directly. A significant focus is put on the safety of the community on all navigable waters in the region.

2. Final draft Bay of Plenty Regional Navigation Safety Bylaws

The attached tracked changes version of the Bay of Plenty Regional Navigation Safety Bylaws includes the changes agreed by the Committee on 30 July 2024 at the Deliberations Meeting.

Also attached is a table of tracked changes with the rationale for each change.

All changes accepted at Deliberations e.g. Speed of Vessels (clause 4.2) clarification and rewording of the clauses; are now part of the accepted version of the document.

Note, that the in the tracked changes document some of the formatting and numbering may seem out of alignment. A Clean Copy version has been attached for clarification if needed.

The maps in schedule 1 have been updated to reflect new 5 knot area on Tarawera River, Kaituna River; and the updated layout to Ōhiwa Harbour.

It was suggested by Committee members that a map legend accompany every map however staff concluded this would impact the size of the maps given the large size of the legends. A full map legend will be displayed on the first page of Schedule 1.

Three advisory notes have been added in schedule 2 to indicate three topics that will be reviewed before the next full bylaws review i.e. within the next 5 years.

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

Given the legacy issues connected to this project, the project was considered to be high risk for the duration of the Review. Detailed risk analysis and management was built into the project management of the review and any new issues and risks that affected the decision-making of the Committee were presented to the Committee at the earliest opportunity.

3.2 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.

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 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.

CONSULT

Whakauiuia

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

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 undertake a workshop with full Council on 10 September 2024, to provide background information on Hunters Creek to support decision-making.

Information will consist of:

· The background material on Hunters Creek presented to the Committee.

· Background and implications of Reserved Areas and other relevant Maritime Rules.

· A synopsis of the pre-engagement and consultation process.

· The written submissions received.

· The Hearings records.

· The Deliberations transcript.

· The Staff options analysis.

· The legal opinion on what can be considered, written by Nick Swallow.

· Good decision-making principles.

Staff will present a paper to the full Council Meeting 12 September 2024 to make a final decision on the Hunters Creek options and adoption of a final version of the Bay of Plenty Regional Navigation Safety Bylaws 2024.

Maritime staff are hoping to have a published version ready for launch on 1 October 2024, which is that start of boating season. All new signage, communications and educational material will be in place as of that date.

Attachments

Attachment 1 - Final Tracked Changes Copy Committee Adoption Version 2 ⇩

Attachment 2 - Schedule 1 ⇩

Attachment 3 - Final CLEAN Copy Committee Adoption Version 2 ⇩

Attachment 4 - Post Deliberations Tracked Changes Record ⇩

[1] 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