The Marine, River and Lake Facilities Bylaw 2017 was approved by the Council on 23 November 2017, and came into force on 1 March 2018.

The Christchurch City Council makes this bylaw under sections 145 and 146 of the Local Government Act 2002.

1. Short title and commencement

(1) This bylaw is the Christchurch City Council Marine, River and Lake Facilities Bylaw 2017. This bylaw comes into force on 1 March 2018.

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; or

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

4. Interpretation

(1) Explanatory notes are not part of the bylaw and the Council may add, amend and delete explanatory notes 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 means an officer or other person appointed by the Council to perform duties or give permissions under this bylaw, including an enforcement officer
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 or aquaculture 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, and includes any person authorised by the Council to act on its behalf
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 has the same meaning as “vessel” in Maritime Rules Part 91 – Navigation Safety Rules, and for the sake of clarity, includes a sledge, surfboard, sailboard or any other object intended or used to carry or support a person in or on the water
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.

Explanatory note: As well as seeking approval to use facilities from the Council, approval may also be needed from the Harbour Master at Environment Canterbury for organised events that occur on the water.

(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 16).

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. The Council may use a range of enforcement powers under Subpart 2 of Part 8 of the Local Government Act 2002 to remove any unauthorised signage.

7. Buildings or structures on facilities

(1) No person may build, construct, erect, or affix or place any structure in, on or over a facility without the prior written permission of an Authorised Officer.

Explanatory note: The general principles applying to buildings or structures in, on or over a facility are:

  • structures may not unreasonably obstruct or otherwise endanger facility users;
  • structures should not damage the facility;
  • structures should be kept in good order; and
  • structures must comply with other regulatory requirements.

The Council may use a range of enforcement powers under subpart 2 or part 8 of the Local Government Act 2002 to remove any unauthorised structures.

8. 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 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 a vehicle in a way that does not comply with this bylaw. Any permission will be at the discretion of the Authorised Officer and may contain conditions

(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

9. 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 9(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 elsewhere. Wharves 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 may moor a vessel to any other part of the wharves listed in clause 9(A)(1) for more than two hours at a time, and must moor the vessel in a position that does not block access points.

(4) No person may leave a vessel unattended when it is moored to any wharf or jetty, without written permission from an Authorised Officer.

(5) Written permission may be sought from an Authorised Officer for mooring vessels at any wharf or jetty for longer time limits, including overnight.

Explanatory note: The Council has some berthing areas that are designed for long-term stay and are managed through licencing or leasing agreements (such as Naval Point Marina). Such agreements are a form of written permission under this bylaw.

(B) Size of vessels

(1) Where tidal conditions allow fo