Revocation of The Water Recreation (Lake Kaniere) Notice 1988

Post consultation on the proposal to revoke The Water Recreation (Lake Kaniere) Notice 1988, the Director of Maritime New Zealand has made a decision to revoke the historic notice on safety grounds.

Any planned events currently scheduled at Lake Kaniere within the next month will not be impacted by the revocation as it comes into force 28 days after the notice is published in the gazette.

As at the 8th of May 2017, the navigation safety requirements for the whole lake will be as prescribed in Maritime Rules Part 91.

The revocation of the Water Recreation (Lake Kaniere) Notice will enable the development of a mixed usage plan to ensure future lake usage is safe for all lake users. The plan will be developed by Maritime New Zealand and will involve both general and targeted consultation with known stakeholders and interested parties. It is intended to have the plan in effect by 1st of December 2017. Consultation on a proposed plan is scheduled to commence mid 2017. That will involve both a public notice and targeted consultation with those who made submissions on the revocation proposal.

Extent of consultation/Summary of Submissions

Consultation

Maritime New Zealand consulted with the public, via its website, on the proposal to revoke the Water Recreation (Lake Kaniere) Notice 1988. A news release concerning safety improvements at the Lake and information in regards to this consultation featured in the Hokitika Guardian on Wednesday 28 December 2016 and on local radio. The consultation material was made available on the Maritime NZ website from the 23 December 2016 and known stakeholders were individually contacted about the consultation. The Lake Kaniere Yacht and Power Boat Club was contacted and invited to make a submission but did not respond and the Hokitika Department of Conservation (DOC) office was informed of the consultation. The Westland District Council and the West Coast Regional Council were also informed.

The deadline for making a submission was 10 February 2017. Submissions were received by individuals known to be part of the Lake Kaniere Property Owners Association. Maritime NZ separately considered other measures that may be appropriate during the revocation consultation, taking into account current usage of the lake, to inform policy development. Information on current usage and views on safety issues were sought. The majority of submissions expressed support for the proposed revocation of the Notice to allow for the creation of an appropriate usage plan for the lake (utilising reserved areas under Maritime Rule Part 91 to support mix usage and separate activities particularly close to shore) to enhance navigational safety.

Submissions analysis

Ten submissions were received. The majority of which confirmed the concerns about safety with suggested reserved areas to separate activities particularly close to shore. Five submissions supported the revocation of the Notice and four opposed the revocation. In respect to the opposing submissions there appeared to be some confusion as to the difference between the Notice at issue and the circa 2008 draft navigational safety plan which is reflected on current signage but has no legal status. One submission was somewhat out of scope of the matter under consultation (the submitter suggested the need for a Regional Harbourmaster for the West Coast) and this feedback was circulated internally to other areas of Maritime NZ for consideration from a Port and Harbour safety perspective.

Some submissions implied that their understanding of the consultation was to revoke the circa 2008 draft navigational safety plan referenced on current signage, not the Notice. Several submitters advocated for no regulatory change but better lake signage in regards to speed restrictions/general safety and education to prevent dangerous boating incidents. Those submitters suggested that dangerous activity observed on the lake is from boaters who apparently aren’t aware of safe boating practices.

Submitter details Position (support or oppose proposed revocation with/without suggested reserved areas to support mixed usage requirements) Response to submission
Mike Graham
Master Mariner, Harbourmaster/Port Manager Westport Harbour.
No reference to the Notice revocation or suggested reserved areas to separate activities at Lake Kainiere. Concern as to who is primarily responsible for maritime safety and that there appears to be the lack of interest in harbours and waterways under the jurisdiction of the West Coast Regional Council. Submission somewhat out of scope (suggested the need for a Regional Harbourmaster for the West coast) of the intent of the current consultation, however, circulated to other MNZ teams for consideration from a Port and Harbour safety perspective.
Ian Hustwick Agree to revoke historic notice with suggested reserved areas identified to separate activities to alleviate the risk of high speed motor craft close to shore and swimmers. The submission has two parts:
1 supports the proposal and
2. provides suggested reserved areas to be considered when developing a potential mixed usage plan for the lake which would then be subject to further consultation.
Drew Howat Agree to revoke historic notice with suggested reserved identified to separate activities for powered craft and passive users. The submission has two parts:
1 supports the proposal and
2. provides suggested reserved areas to be considered when developing a potential mixed usage plan for the lake which would then be subject to further consultation.
Dr Richard Muirhead Agree to revoke historic notice with suggested reserved areas identified and on-going safety concerns detailed. The submission has two parts:
1 supports the proposal and
2. provides suggested reserved areas to be considered when developing a potential mix usage plan for the lake which would then be subject to further consultation.
Steve Maitland Agree to revoke historic notice with suggested reserved areas identified and, concerns with regards to current usage, safety, speed and aquatic life currently being destroyed by power boats. The submission has two parts:
1 supports the proposal and
2. provides suggested reserved areas to be considered when developing a potential mix usage plan for the lake which would then be subject to further consultation.
Jim Park Agree to revoke historic notice with suggested reserved areas to separate activities and ensure swimming and waterskiing are separate and safe. The submission has two parts:
1 supports the proposal and
2. provides suggested reserved areas to be considered when developing a potential mix usage plan for the lake which would then be subject to further consultation.
Brian Molloy Opposes the idea of the revocation of the historic gazette notice. Also, stating the importance for children learning to water ski not to make deep water starts compulsory and the value added by a local volunteer safer boating advisor (SBA) who has a batch at the lake but is not often in residence. The submission has three parts:
1 opposes the proposal and
2. provides suggested reserved areas to be considered when developing a potential mix usage plan for the lake which would then be subject to further consultation.
3. the current policy investigation specific to Maritime Rule Part 91 Navigational safety will further explore the deep water start requirement referenced and the role/function of safer boating advisors currently operating in the regions.
Edward Thorn Opposes the idea of the revocation of the historic gazette notice stating the need for the access lane at Hans Bay to be marked as a ski lane with appropriate posts and the need to be able to learn how to water ski close to shore and not 200m out in the lake to meet the requirements of deep water starts. The submission has three parts:
1 opposes the proposal and
2. provides suggested reserved areas to be considered when developing a potential mixed usage plan for the lake which would then be subject to further consultation.
3. the current policy investigation specific to Maritime Rule Part 91 Navigational safety will further explore the deep water start requirement referenced.
Warren Smith An advocate for better signage and opposes the idea of the revocation of the historic gazette notice/stating a revised navigational safety plan for the lake similar to that consulted on in 2008 and never finalized needs to be established. The submission has three parts:
1 opposes the proposal and
2. provides suggested reserved areas to be considered when developing a potential mixed usage plan for the lake which would then be subjected to further consultation.
3. advocates for better signage and an updated navigation safety plan for the lake to be established. The navigation safety plan is an administrative ‘construct’ that has no legal authority or force. It is not recommended that that mechanism for managing navigational safety risks is invoked. A preferred and more enduring approach is a regulated mixed usage plan which has legal authority and force. The navigational safety plan could however inform the mixed usage plan.
Allen and Vicki Hurley Opposes the revocation of the historic gazette notice. Advocates for better lake signage in regards to speed restrictions/general safety and education to prevent dangerous boating incidents and promote safe boating practices. The submission has two parts:
1 opposes the proposal and
2. advocates for better signage and education to support safe boating practices, this to be considered as a supporting element of the potential mixed usage plan development and consultation.

Next Steps

The gazette notice to revoke The Water Recreation (Lake Kaniere) Notice 1988 will be published in the upcoming (6th April 2017) publication of the Gazette. Maritime New Zealand will inform submitters of this outcome and work with them in the development of a mixed usage plan for Lake Kaniere. The intention is to have the plan in effect by 1st of December 2017.

Any planned events currently scheduled at Lake Kaniere within the next month will not be impacted by the revocation as it comes into force 28 days after the notice is published in the gazette. As at the 8th of May 2017, the navigation safety requirements for the whole lake will be as prescribed in Maritime Rules Part 91.

Read about the latest developments and frameworks being implemented for world shipping.

Updates from IMO

Learn about the latest standards being developed for the world shipping industry.
Go to IMO

Latest rule updates

Rules Amendments

The 2016 rule amendments correct minor errors contained in the rules to make them easier and clearer to read and understand.

View these amendments