Schedule 1 - Location specific information

In accordance with subclause 4.2.2 (Location specific schedules), any clauses contained in this schedule shall be read in conjunction with all other clauses in this bylaw.

Area covered:

This schedule applies to the waters of Mercury Bay, as shown in Map 10.

Speed of vessels

S1.10.1 The provisions of 3.2.1 and 3.2.3 of the bylaw, which relate to speed in the vicinity of other vessels, persons or structures, have been replaced by S1.10.2 and S1.10.3 of this schedule, which provide similar restrictions but with varied distances.

This means that subject to subclauses S1.10.2 and S1.10.3, which relate to conditions specific to Mercury Bay, the 5 knot speed limit referred to in subclauses 3.2.1 and 3.2.3 of this bylaw still applies to Mercury Bay. For the avoidance of doubt, a breach of the conditions set out in subclauses S1.10.2 and S1.10.3, namely exceeding 5 knots in Mercury Bay in circumstances which are in breach of the conditions of subclauses S1.10.2 and S1.10.3, shall constitute a breach of clause 3.2.

S1.10.2 No person shall, without reasonable excuse, propel or navigate a vessel (including a vessel towing someone or some object) at a proper speed exceeding 5 knots except for vessels in an access lane for towing of other persons or objects (as shown on Map 10):

1. within the mooring zone as shown on Map 10; or
2. within 50 metres of any other vessel, raft, or person in the water; or
3. within either:
1. 200 metres of the shore or of any other structure not already listed in this subclause; or
2. on the inshore side of any row of buoys demarcating that distance from the shore or structure; or
4. within 200 metres of any vessel or raft that is flying Flag A of the International Code of Signals (diver’s flag); or
5. within the Whitianga waterways; or
6. within a 50 metre radius of any boat ramp or jetty.

S1.10.3 No person shall cause or allow himself or herself to be towed by a vessel (whether or not on a water ski, aquaplane, wakeboard or other similar object) at a proper speed exceeding 5 knots in any circumstances specified in any of paragraphs (a) to (f) of subclause S1.10.2.

Reserved areas:

S1.10.4 Access lanes for towing
The access lanes for towing are indicated on Map 10. In accordance with subclause 3.9.3, the access lanes for towing are reserved for the purpose of providing access for water skiing or the towing of other persons or objects from the respective beaches. Subclauses 3.7.1 to 3.7.7 apply to these access lanes.

S1.10.5 Mooring zones
In accordance with subclause 3.9.3, the following areas are reserved as mooring zones, as shown on Map 10:

• Whitianga Harbour
• Flaxmill/Maramaratotara Bay

Within these zones:

1. No person shall operate a vessel that is towing any person on water skis, a surfboard, or similar object, or who is barefoot skiing, or who is on a paraglider or similar object.
2. Clause 2.8 shall apply to these zones.

Note: These mooring zones are indicative only. There shall be at least a 5 metre area remaining clear of moorings between the shore and any moorings. Placement and authorisation of moorings is controlled under the Resource Management Act 1991.

S1.10.6 Whitianga waterways
In accordance with S1.10.2 (e) no vessel shall exceed 5 knots, without reasonable excuse and every person who propels or navigates any vessel must ensure that its wake does not cause unnecessary danger or risk of damage to other vessels, structures, or harm to other persons in accordance with subclause 3.6.1 of this bylaw.

S1.10.7 Towing zone
In accordance with subclause 3.9.3, the towing zone in the upper Whitianga Harbour as shown on Map 10 is reserved for vessels towing persons or objects.

Within this zone:

1. Any person may pass through these zones provided they do not obstruct or impede any other vessel towing another person or object, or obstruct or impede any person being towed.
2. All vessels towing another person or object shall move in an anticlockwise direction.

Map 10: Mercury Bay