Under review. Council, 1 July 2008.

Marine and River Facilities Bylaw 2008

The 2008 bylaw continues to be in force until the consultation process is completed, which is expected in late 2017.

Marine and River Facilities Bylaw 2008 [PDF, 30 KB]

Purpose

The purpose of the Bylaw is to provide for the orderly management and control of marine and river facilities that are owned or under the control of the Council for the benefit and enjoyment of all users of those facilities.

This Bylaw deals with the management and control of slipways, wharves, jetties and other marine facilities in Banks Peninsula and owned by the Council.

Includes

  • The use of marine and river facilities by commercial and charter operators
  • The use of wharves
  • The obstruction of marine and river facilities
  • The provision for fees and charges relating to the proposed bylaw
  • The provision for offences and penalties relating to the proposed bylaw.

Background and timeline

Submissions on this bylaw were made to the Council from 12 April 2008 to 14 May 2008. Public hearings were held from 3–6 June 2008. The report of the Hearings Panel is available on the Council website.

Replaces

  • Banks Peninsula District Marine Facilities Control Bylaw 2002.

Proposed Marine, River and Lake Facilities Bylaw 2017

Public consultation on this proposed replacement bylaw is open from 3 July 2017 to 6 August 2017.

Pursuant to the Local Government Act 2002, the Christchurch City Council makes this bylaw.

1. Short title and commencement

(1) This bylaw is the [proposed] Christchurch City Council Marine, River and Lake Facilities Bylaw 2017. This bylaw comes into force on [date] 2017.

2. Purpose

(1) The purpose of this bylaw is to facilitate the fair and safe use of, and access to, Council marine, river and lake facilities (including those around the estuary), and to protect them from damage.

3. Coverage and exclusions

(1) This bylaw applies to Council structures or facilities that provide access to the water (such as wharves, jetties, boat ramps and slipways), and associated access points (such as ramps, steps, ladders and pontoons). It also applies to related structures or facilities (including storage areas, buildings, refuelling facilities, and associated car-parking or manoeuvring areas).

(2) This bylaw does not cover:

(a) privately owned facilities

(b) maintenance or repair of the facilities

(c) Council sea walls

(d) Council boardwalks and viewing platforms, unless they are alongside or partially in a river or lake

(e) activities on the water, such as boat safety or speed limits (these are covered by the Canterbury Regional Council Navigation Safety Bylaw 2016)

(f) anything relating to water quality or pollution

(g) any facilities, structures, or land, owned or operated by Lyttelton Port of Christchurch (whether open to the public or not).

4. Interpretation

(1) Text in this bylaw that is in a grey box is not part of the bylaw, but is explanatory in nature, and the Council may update or delete this text at any time without amending the bylaw.

Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to up updated before the bylaw itself has to be updated.

(2) In this bylaw, unless the context otherwise requires:

Access points are those parts of the facility that have been designed to allow access from the wharf or jetty to vessels on the water, and vice versa, and include steps, ladders, ramps and pontoons
Authorised Officer officer means an officer or other person appointed by the Council to perform duties or give permissions under this Bylaw
Authorised vehicle means a vehicle:
(a) associated with a commercial activity that has permission from the Council to operate in relation to a wharf, or
(b) associated with the servicing of a wharf or any associated structure, equipment or machinery, or
(c) any other vehicle that has written permission for wharf access.
Commercial purposes means: 
(a) any charter operation involving carrying fare-paying passengers for profit or reward (including for transport, tourism, recreation or fishing purposes), or
(b) any commercial fishing operation, or
(c) sale or advertising of goods, services or events, or
(d) hire or rental of equipment that utilises Council facilities, such as for launching or landing.
Council means the Christchurch City Council
Facility means any marine, river, lake, estuary-based Council owned or controlled structure or facility that:
(a) provides access to the water, including, but not limited to: wharves, jetties and pontoons; slipways and boat ramps; steps and ladders; or 
(b) is associated with providing access to the water, including, but not limited to: car parking or manoeuvring areas; shelter or storage buildings or areas; and refuelling facilities.
Jetty means a structure similar to, but smaller than, a wharf. This will usually be a platform built on piles in a river or lake, or in the sea, that provides access to the water. 
Explanatory note: Whether currently accessible or not, jetties in the district include: Akaroa Recreation Ground Jetty West, Akaroa Recreation Ground Jetty East, Charteris Bay Jetty, Church Bay Jetty, Corsair Bay Jetty, Drummonds Jetty, Duvauchelle Jetty, French Farm Boating Club Jetty, Little Akaloa Jetty, Lyttelton Public Ramp Jetty, Purau Jetty, Redcliffs Jetty, South New Brighton Park Jetty, Takamatua Jetty, Tikao Bay Jetty, and Wainui Finger Jetty, as well as river and lake jetties.
Servicing  generally means the loading and unloading of goods or equipment, or the maintenance of structures, machinery or equipment
Vessel  means, but is not limited to: boats, ships, tenders, barges, yachts, dinghies, jet skis, canoes, kayaks, windsurf boards, and kite boards, and includes any other watercraft:
(a) whether propelled by motor, wind or other means; and 
(b) intended for use on the water; and
(c) that carries a person or people. 
Wharf means a structure similar to, but generally larger, stronger and higher than, a jetty. 
Explanatory note: Whether currently accessible or not, wharves in the district include: Akaroa Wharf, Daly’s Wharf, Diamond Harbour Wharf, Old Duvauchelle Wharf, Governor’s Bay Wharf, Little Akaloa Wharf, Pigeon Bay Wharf, Port Levy Wharf, Gallipoli Wharf (Rapaki), Robinson’s Bay Wharf, and Wainui Wharf.

 

5. Use of facilities for commercial purposes or organised events

(1) No person may use a facility for commercial purposes without the prior written permission of an Authorised Officer.

(2) No person may use a facility for an organised competition, lesson, club or training event without the prior written permission of an Authorised Officer, if that use may be reasonably likely to:

(a) result in the exclusive use of a facility and prevent or reduce access for the general public; or

(b) give rise to any health and safety issues resulting from anticipated participant or supporter numbers.

(3) A permission given under clause 5(1) or 5(2) of this Bylaw may contain conditions, and may set out, among other things:

(a) the hours, days or dates within which an operator or organiser intends to utilise the facility;

(b) the location (or part of a facility) that will be used;

(c) limitations on access to the facility and requirements about vacating the facility;

(d) information on any signage relating to the commercial activity or organised event under clause 6 of this Bylaw;

(e) any other conditions that must be adhered to; and

(f) the payment of fees.

Explanatory note: See later clause on permissions under this bylaw (clause 15).

6. Signage for commercial purposes, organised events or other purposes

(1) No person may install or display signage in, on or affixed to a facility, near a facility, or in relation to the use of a facility, without the prior written permission of an Authorised Officer.

Explanatory note: The general principles applying to signage and advertising in, on or around facilities are:

• signage may not unreasonably obstruct or otherwise endanger facility users
• signage for an ongoing situation may need to be removed regularly, and only be displayed while the activity or event is taking place or being offered
• signage should not damage the facility
• signage should be kept in good order
• signage must comply with other regulatory requirements (such as the applicable district plan).

Regulatory signs from other organisations must also have permission before being installed. This is so that unnecessary proliferation can be avoided, and coordination can occur, where appropriate/possible.

(2) Unauthorised signage in, on, around or near facilities may be removed at the discretion of an Authorised Officer.

Explanatory note: Generally, land around or near facilities will be land under the control of the Council (often, for example, reserve land). A similar clause is contained within the Parks and Reserves Bylaw.

7. Vehicles on wharves and jetties

(A) Controls on all vehicles on wharves and jetties

(1) No person may drive or park a motor vehicle on a jetty.

(2) No person may drive or park a motor vehicle on a wharf, unless:

(a) the wharf is structurally sound for vehicle use; and

(b) the vehicle is an Authorised Vehicle; and

(c) the vehicle is either:

(i) below the gross laden weight listed on a Council sign affixed to the wharf; or

(ii) the vehicle has been given written permission by an Authorised Officer based on a specific vehicle-to-structure assessment.

Explanatory note: Wharves that are structurally sound for vehicle use are subject to change over time, depending on structural assessments. The current structural allowances are:

• Akaroa and Diamond Harbour Wharves can accommodate vehicles up to 3,500kg gross laden weight
• Akaroa and Diamond Harbour Wharves can potentially accommodate vehicles over 3,500kg gross laden weight, but each vehicle must be considered on a case-by-case basis and a specific vehicle-to-structure assessment
• Wainui Wharf can accommodate vehicles up to 7,000kg gross laden weight
• Daly’s and Little Akaloa Wharves may be appropriate for limited light vehicle use, but each vehicle must be considered on a case-by-case basis and a specific vehicle-to-structure assessment.
• A case-by-case basis and a specific vehicle-to-structure assessment will also evaluate the need for a vehicle to be present on a wharf or jetty and may be granted or refused at the Authorising Officer’s discretion.

(B) Authorised vehicles on wharves

(1) No person may drive or park an Authorised Vehicle on a wharf unless that vehicle is actively involved in servicing a business, or servicing any structure or machinery associated with or forming part of the wharf.

(2) No person may leave an Authorised Vehicle unattended on a wharf.

Explanatory note: A wharf is not a parking facility, and is primarily intended for pedestrian use. Vehicle use of wharves is only permitted when a vehicle is actively required for servicing. Permission for the commercial use of a wharf does not infer a right to unlimited vehicle access to the wharf, or an unlimited right to park on the wharf.

(3) No person may park an Authorised Vehicle on a wharf in such a way as to unreasonably obstruct access to, or the use of, the wharf, including access points from the water.

Explanatory note: Authorised Vehicles must be driven and parked with the utmost care for the facility and for other users of the facility, and any parking should be considerate of other users and not unnecessarily prevent or block access.

(4) Written permission may be sought from an Authorised Officer for parking vehicles for longer time limits.

(5) An Authorised Officer may prohibit a person from driving one or more specified vehicles onto a wharf, if, in the opinion of the Authorised Officer, that person has:

(a) driven or parked in an unsafe manner; or
(b) breached this bylaw.

(6) Nothing in this clause applies to an emergency services vehicle in an emergency situation

8. Mooring vessels at wharves or jetties

(A) Location, time limits and attendance requirements

(1) No person may moor a vessel to or alongside an access point at Akaroa Wharf, Daly’s Wharf, Wainui Wharf or Diamond Harbour Wharf, other than for the purposes of using that access point for loading and unloading, or maintenance or servicing, of the vessel.
(2) No person may moor to an access point in clause 8(A)(1) for more than one hour at a time, unless prior written permission has been granted by an Authorised Officer. 

Explanatory note: Mooring alongside access points is appropriate while servicing is occurring (loading, unloading, or undertaking maintenance), but once completed, a vessel should be moved to another part of the wharf or jetty, or elsewhere. Wharves and jetties can be in high demand, especially over summer, and use and access should be balanced to allow for both commercial and recreational users.

(3) No person ma