Navigation Bylaws Review
Following a review of its Navigation Bylaws, in accordance with the Local Government Act 2002, Marlborough District Council sought feedback on the proposed Navigation (Vessel Speed) Bylaw 2009 and the proposed Navigation Bylaw 2009.
Council has determined that the content of the current Navigation Bylaw 2000 is the most appropriate method to address the safety concerns expressed by Council and the public regarding the effect of fast ferries on waters of the Marlborough Sounds. Council has therefore adopted that the proposed Navigation (Vessel Speed) Bylaw 2009 as the most appropriate way to address the perceived problems.
When the fast ferries were introduced in the mid 1990s concerns were expressed by residents and others that they were causing adverse environmental effects. What were seen to be problems then became the subject of proceedings before the Planning Tribunal. These proceedings resulted in the Planning Tribunal holding that the evidence available then did not justify any interference with the activities of the fast ferries. The consideration of the Planning Tribunal was directed at environmental issues under the Resource Management Act 1991 and was not directed at safety issues which were not argued before the Tribunal.
Council commissioned a risk assessment from Risk & Reliability Associates (R2A) and on 3 February 2000 the resulting report was presented by its authors to a meeting of Council over a period of some hours. In summary the report indicated that the fast ferries were creating a new set of hazards. Council having taken legal advice concluded it had to address the question of whether or not the introduction of a bylaw under Section 684B of the Local Government Act 1974 was justified. Council felt that as a matter of public duty given to it by Parliament it had to address the issues.
Marlborough Sounds Harbour Navigation Risk Assessment (2.5mb)
Background Information Brochure (73kb)
Harbour Funding Farley Report (315kb)
Council has determined that amendments to the current Navigation Bylaw 2002 are the most appropriate method to ensure appropriate behaviour and address potential risks within Marlborough's waterways. Council has therefore adopted that the proposed Navigation Bylaw 2009 as the most appropriate way to address the perceived problems.
A number of errors, inconsistencies and omissions have been identified that bring into question the ability to legally and effectively implement the Navigation Bylaw 2002 as it currently stands. The errors and omissions relate to a number of clauses where there was either a lack of clarity or an inconsistency with other legislation - Maritime Rules made pursuant to the Maritime Transport Act 1994. Omissions stem largely from areas where it was considered, in the interest of navigation safety, that a more formal regulatory regime was appropriate (for example, licensing of commercial operations not already subject to such regulation, licensing regime concurrent with the issuing of resource consents for moorings).
A Risk Assessment carried out under the New Zealand Port and Harbour Marine Safety Code has reinforced the Council's statutory responsibility as a Harbour Authority and, in order to reduce the Harbour Function's dependence on General Rates, Council intends to levy the fees outlined in the Bylaw.
Current Navigation Bylaws
The Marlborough District Council exercises authority over harbour waters through powers vested in it by the Local Government Act and Maritime Transport Act. This includes the powers to make bylaws relevant to safety and navigation.
In 2001/2002 all local authorities throughout the country carried out a complete revision and update of their existing bylaws. These had been originally issued by the now defunct local Harbour Boards and were well and truly out of date. The new bylaws are all formulated to the same template for commonality, and are compatible with national regulations. Marlborough's bylaws came into effect on 1 October 2002. Click the link below to download the Navigation Bylaw 2002. Note that the bylaw may be further revised and updated over time. This will be done by formal process and following extensive public consultation on any changes being proposed.
A special bylaw for the speed control of high-speed ships, e.g., fast ferries, was introduced in 2000. Click the link below to down load the Navigation Bylaw 2000.
