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 Whangapoua Harbour, as shown in Map 9.
Speed of vessels
S1.9.1 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of 3.2.1 and 3.2.3 of the bylaw, which relate to speed in the vicinity of other vessels, persons or structures, have been replaced by S1.9.2 and S1.9.3 of this schedule, which provide similar restrictions but with varied distances.
This means that subject to subclauses S1.9.2 and S1.9.3, which relate to conditions specific to the Whangapoua Harbour, the 5 knot speed limit referred to in subclauses 3.2.1 and 3.2.3 of this bylaw still applies to the Whangapoua Harbour. For the avoidance of doubt, a breach of the conditions set out in subclauses S1.9.2 and S1.9.3, namely exceeding 5 knots in the Whangapoua Harbour in circumstances which are in breach of the conditions of subclauses S1.9.2 and S1.9.3, shall constitute a breach of clause 3.2.
S1.9.2 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 9):
- within 50 metres of any other vessel, raft, or person in the water; or
- within:
- 200 metres of the shore or of any other structure not already listed in this subclause; or
- on the inshore side of any row of buoys demarcating that distance from the shore or structure, except for vessels in the access lane designated for skiing or towing of other persons or objects; or
- within 200 metres of any vessel or raft that is flying Flag A of the International Code of Signals (diver’s flag); or
- within the two 5 knot zones marked on Map 9; or
- within a 50 metre radius of any boat ramp or jetty.
S1.9.3 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 (e) of subclause S1.9.2.
Reserved areas:
S1.9.4 5 knot zone
In accordance with subclause 3.9.3, the two areas in the harbour are in the eastern arm of the estuary, and the area near Whangapoua headland as shown on Map 9, are reserved for the purpose of passive and safe water recreation.
Within these zones:
- No vessel shall exceed 5 knots.
S1.9.5 Access lane for towing
The access lane for towing is shown on Map 9. In accordance with subclause 3.9.3, the access lanes for towing is reserved for the purpose of providing access for water skiing or the towing of other persons or objects from the beach. Subclauses 3.7.1 to 3.7.7 apply to these access lanes.
Map 9: Whangapoua Harbour
