Canterbury jetboaters check out new proposed bylaws

Saw this on the other forum.

http://ecan.govt.nz/publications/Gen...ylaws-0316.pdf

Check out the open speed area proposals. Reads like you can only go faster than 5 knots on Canterbury rivers if you belong to the Jetboaters association

read page 11

14 River Safety Rules
(1) A person in charge of a vessel on a river must:
(a) ensure that the vessel keeps as near to the starboard (right) side of the river
channel as is safe and practicable; and
(b) when going upstream, give way to any vessel coming downstream; and
(c) not navigate the vessel unless river and weather conditions are considered to
permit safe navigation of the vessel; and
(d) not exceed a speed of 5 knots on any river unless in an area designated as an
OSA; except that;
(e) subclause (1)(d) shall not apply to any paddle craft or raft, including when towing
a vessel, person, or an object

then page 30

A Open Speed Areas (OSAs) for Canterbury Rivers
(1) The Open Speed Areas listed in Table 1 (below) are Reserved for:
(a) members of Jet Boating New Zealand Incorporated (JBNZ);
(b) a person holding a Temporary Reservation approved by the Harbourmaster
under clause 12(2) of the Bylaw;
(c) vessels operating under a Maritime Transport Operator Certificate or equivalent
Maritime New Zealand certification.

it then lists all the rivers which are OSA, which is pretty much all the rivers.

So get your submissions in, or join the jetboaters association.

That's interesting, there's a lot of jet boaters who aren't in the club.

Is it a way of forcing people to join?
Or would be a good reason not to join if they are trying to be heavy handed. Of course I could have understood it wrong

Sent from my SM-G900F using Tapatalk

Pretty sure its illegal...
You cannot restrict class of persons, by club membership without legislative authority.

Particularly in Open Speed Areas which are by defination, open.

If legislation required licience, or club membership then yes.... but they don't have the ability to either require membership or to get licenced under the marine legisation. The irony is they say their proposed draft is consistent with the Bill of Rights Act, and I would suggest that to restrict the Open areas to a class of people, not provided for by legal authority puts them outside of BORA..

However they have authority to require identification and registration... which may provide the ability to link back to club membership and therefore potentially access... a circumvented way of achieving the same thing of course... but they don't not have the authority to require the JBNZ to run that register for them....

But while I have read the act and the proposed draft, its been superficial...

Whats a membership worth? Probably less than a tank of gas.

But it is the principal, how does being a member suddenly mean you are a safe driver? Is there a proficiency test to become a member?
Next thing it will be you can only hunt if you belong to deerstalkers.

I cant see this panning out at all. I can see it now "excuse me sir but you seemed to be travelling a bit quick back there, there is a law in place where only certain people are allowed to operate a craft in that manner on this river, are you a member of the JBNZ Club?

"No, but im a member of the go f**k yourself club"

Quote:

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Originally Posted by stug

But it is the principal, how does being a member suddenly mean you are a safe driver? Is there a proficiency test to become a member?
Next thing it will be you can only hunt if you belong to deerstalkers.

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Yeah true - I do agree. Are the clubs doing anything 'positive' for the jet boating scene up there that would warrant more members?

Hi all, I dont confess to be an expert in reading legislation but I've done a bit in the past. Usually end up with a headache.


Section 8, Page 9 of the proposal that was linked above:

8 Speed limits
Requirement for safe and considerate high speed navigation:
(1) No person who is permitted by any provision of this Bylaw or any Maritime Rule to navigate a vessel at a speed exceeding 5 knots shall do so in any manner that is likely to endanger or unduly interfere with the reasonable enjoyment of any person who is in, on, or using the waters, or fishing, or undertaking any activity in the vicinity of the vessel.

Exemptions from speed limits

(2) Despite any speed limits imposed under Maritime Rules Part 91, or under this Bylaw, speed upliftings shall apply and a vessel may exceed 5 knots within -
(a) 50 metres of any other vessel or person in the water;
(b) 200 metres of the shore or any structure;
Provided that such navigation in excess of 5 knots must be safe and authorised under:
(c) Maritime Rules Part 91.6(5) and (6); or
(d) a relevant control made under this Bylaw; or
(e) a temporary reservation or exemption approved by the Harbourmaster.

Basically 91.6(1a) and (b) state that we cant exceed 5 knots within 50 metres of other people or 200 metres of shore. Then come the exemptions listed in clause 91.6(5) and (6).

Rule 91.6(1)(a) shall not apply to:
(a) a vessel over 500 gross tonnage, if the vessel cannot be safely navigated in compliance with this clause; or
(b) a vessel powered by sail in relation to any other vessel powered by sail, while the vessels are participating in a yacht race or training administered by—
(i) a club affiliated to Yachting New Zealand; or
(ii) a non profit organisation involved in sail training or racing; or
(c) a craft training for or participating in competitive rowing or paddling; or
(d) a tug, pilot vessel, harbourmaster vessel, emergency response craft or police vessel, if the vessel's duties cannot be performed in compliance with this clause; or
(e) a vessel operating in accordance with a speed uplifting—
(i) established under rule 91.19; or
(ii) established under rule 91.20; or
(iii) continued by rule 91.22; or
(iv) established for any river by navigation bylaw.


(6) Rule 91.6(1)(b) shall not apply to:
(a) a vessel operating in an access lane or a reserved area for the purpose for which the access lane or reserved area was declared, unless, in the case of a reserved area, a navigation bylaw provides otherwise; or
(b) a vessel operating in accordance with a speed uplifting—
(i) established under rule 91.19; or
(ii) established under rule 91.20; or
(iii) continued by rule 91.22; or
(iv) established for inland waters by navigation bylaw; or
(c) a vessel over 500 gross tonnage, if the vessel cannot be safely navigated in compliance with this clause; or
(d) a craft training for or participating in competitive rowing or paddling; or
(e) a tug, pilot vessel, harbourmaster vessel, emergency response craft or police vessel when the vessel's duties cannot be performed in compliance with this clause.


It seems to me that we can exceed the speed limit in the open speed areas simply because the bylaw has removed the speed limit. Since the new bylaw authorises the speed increase under Maritime Rules 91.6(5) and (6) and the the Maritime Rules 91.6(5) and (6) authorises a speed increase if a speed uplifting has occurred due to a bylaw.

Hopefully that all makes sense and if I'm wrong or missed something then someone let me know.

Cheers Rhys