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Maritime Transport Act 1994

Local regulation of maritime activity - Navigation bylaws

33M: Navigation bylaws

You could also call this:

"Rules to keep you safe on the water"

Illustration for Maritime Transport Act 1994

You live in a region with waterways like harbours and seas. A regional council makes bylaws to keep you safe on the water. They can make rules about ships and how they are used. You might see rules about moorings and facilities on the water. The council can also make rules to stop things that might be a nuisance. This includes things like noise from ships or seaplanes. The council can reserve areas of water for certain people or ships. They can also make rules for events like boat races. This might include rules about who can go to certain areas. The council can make rules about anchorages and how ships move through the water. They can also say what safety gear you need to carry on a boat. You might need to mark your boat so it can be identified. A regional council can make bylaws when someone wants to launch a vehicle into space. They can make rules about who can go to certain areas to watch the launch. The council can also say where a port or harbour starts and ends. The bylaws cannot limit how a port company runs its business. They also cannot charge you for things related to oil pollution. The bylaws must follow other laws like the Resource Management Act 1991 and the Companies Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689848.

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Topics:
Environment and resources > Town planningTransport and travel > Boating

Part 3ALocal regulation of maritime activity
Navigation bylaws

33MNavigation bylaws

  1. For the purpose of ensuring maritime safety in its region, a regional council may, in consultation with the Director, make bylaws to—

  2. regulate and control the use or management of ships:
    1. regulate the placing and maintenance of moorings and maritime facilities:
      1. prevent nuisances arising from the use of ships and seaplanes:
        1. prevent nuisances arising from the actions of persons and things on or in the water:
          1. reserve the use of any waters for specified persons, ships, or seaplanes:
            1. in relation to boat races, swimming races, or similar events,—
              1. prohibit or regulate the use of ships:
                1. regulate, or authorise the organisers of an event to regulate, the admission of persons to specified areas:
                2. regulate and control the use of anchorages:
                  1. prescribe ship traffic separation and management schemes:
                    1. specify requirements for the carriage and use of personal flotation devices and buoyancy aids on pleasure craft:
                      1. require the marking and identification of personal water craft.

                        1. In relation to the launch of a vehicle or an object that a person has a licence or permit under New Zealand law to launch into outer space, a regional council may, in consultation with the Director, make bylaws—

                        2. to prohibit or regulate the use of ships:
                          1. to regulate, or authorise a person to regulate, the admission of persons to specified areas.

                            1. The agreement dated 16 September 2016 between Her Majesty the Queen in right of New Zealand acting by and through the Minister for Economic Development, Rocket Lab Limited (a company incorporated under the Companies Act 1993 under company number 1835428), and Rocket Lab USA (a corporation incorporated in the United States of America) is to be treated as a licence or permit under New Zealand law for the purposes of subsection (1A).

                            2. Navigation bylaws made under subsection (1) or (1A) may not—

                            3. limit or affect the ability of a port company or an operator of a commercial port to manage its operations within areas owned or controlled by it, except to the extent the regional council considers necessary in the interests of maritime safety:
                              1. impose any charge in respect of the regional council’s responsibilities in relation to oil pollution:
                                1. impose licensing requirements in respect of any aspect of commercial shipping operations that is subject to any requirement contained in any maritime rule:
                                  1. be inconsistent with—
                                    1. regulations or rules made under this Act; or
                                      1. the Resource Management Act 1991; or
                                        1. the Lakes District Waterways Authority (Shotover River) Empowering Act 1985; or
                                          1. the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992.

                                          2. Navigation bylaws may specify the boundaries of any port, harbour, or waters to which the bylaws relate.

                                          Compare
                                          Notes
                                          • Section 33M: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                          • Section 33M(1A): inserted, on , by section 30(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                                          • Section 33M(1B): inserted, on , by section 30(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                                          • Section 33M(2): amended, on , by section 30(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                                          • Section 33M(2)(d)(ii): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).