Pursuant to section 200A(3)(d) of the Maritime Transport Act 1994, I give notice that I have received from the Auckland Council an application to declare the Volvo Ocean Race 2011/12 Auckland Stopover to be an event
to which section 200B of the Maritime Transport Act 1994 applies for the period from 5 March 2012 to 18 March 2012 inclusive, and that I intend to make a declaration to that effect by notice in the New Zealand Gazette.
Proposed Area Affected by the Application
The area in respect of which the application is made is defined as follows:
General Designated Area
Waitemata Harbour, bounded in the west by an approximate north/south boundary between Chelsea Wharf and Watchman Island and bounded in the east by an approximate north/south boundary between North Head and Bastion Point, and includes all navigable waters within this area.
Rangitoto Channel and the area directly to the east of
the North Shore, from Bastion Point in the south, to an approximate east/west boundary in the north between Toroa Point and the point 3.5 nautical miles north-east of Torbay. This area is bounded in the west by the natural shoreline, and bounded in the east by an approximate north/south boundary between Bean Rock and the point 3.5 nautical miles north-east of Torbay, and includes all navigable waters within this area.
The exact positions of the boundary points for the area requested are set out below.
Maps depicting the designated area, and certain areas to which special restrictions apply, will be published in the New Zealand Herald and on the Auckland Council website
www.aucklandcouncil.govt.nz
just prior to the event commencing.
Boundary Point Latitude Longitude
Chelsea Wharf 36.49.375 S 174.43.441 E
Watchman Island 36.50.100 S 174.43.916 E
Auckland Harbour Bridge Southern Pillar 36.50.100 S 174.44.552 E
Ferguson Container Terminal 36.50.430 S 174.47.092 E
Hobson Bay Wavescreen 36.50.863 S 174.47.935 E
Okahu Bay Wavescreen 36.50.675 S 174.48.884 E
Orakei Wharf 36.50.624 S 174.48.939 E
Bean Rock 36.50.000 S 174.49.871 E
Rangitoto Light 36.46.918 S 174.49.345 E
The point 3.5 nautical miles north-east of Torbay 36.40.796 S 174.50.038 E
Toroa Point 36.41.758 S 174.45.718 E
Stanley Point 36.49.766 S 174.46.372 E
Bayswater Beacon 36.49.669 S 174.46.007 E
Auckland Harbour Bridge Northern Pillar 36.49.658 S 174.44.873 E
Birkenhead Wharf 36.49.384 S 174.44.041 E
Chelsea Wharf 36.49.375 S 174.43.441 E
Proposed Conditions and Requirements
Within the designated area defined above, the following conditions and requirements apply:
1. No vessel may enter the area known as the Viaduct Basin, except with the specific approval of the Harbourmaster, or persons acting under delegated authority from the Harbourmaster.
2. Only vessels authorised by the Ports of Auckland Port Facilities Security Manager, or the Harbourmaster, may enter the navigable waters south of a line from the northern-most point of Ferguson Wharf and extending to the northern-most point of Queens Wharf.
3. Only authorised commercial vessels, or other vessels authorised by the Harbourmaster, may enter the Auckland ferry terminal basin between Princes Wharf and Queens Wharf, and extending 50 metres north from the northern end of each wharf.
4. The Auckland Harbourmaster's Direction 3-07, which applies to the Auckland ferry terminal basin (or Down Town ferry terminal basin), applies at all times. This Direction is available at:
www.aucklandcouncil.govt.nz/SiteCollectionDocuments/services/harbourmaster/hmdirectiondowntownferryterminalbasin.pdf
5. No vessel may enter the naval defence area at Devonport, as identified in Auckland Harbour Chart NZ5322, unless authorised by the Royal New Zealand Navy.
6. All vessels are restricted to a maximum speed of 12 knots within the areas defined above, excluding vessels competing in the Volvo Ocean Race 2011/12 Auckland Stopover and fast passenger ferries on a scheduled passage, showing a flashing orange light, and where
such vessels hold a written exemption from the Harbourmaster stating where and when they may exceed 12 knots.
7. No vessel under 500 gross tonnes may impede the navigation of any vessel over 500 gross tonnes.
8. No vessel is to approach, or remain, within 50 metres of any vessel over 500 tonnes which is moored or not underway at any time.
9. The moving prohibited zone specified in the Auckland Regional Council Navigation Safety Bylaw 3.14 will apply at all times.
10. No vessel may approach within 100 metres of competing yachts.
11. The wake provisions of the Auckland Regional Council Navigation Safety Bylaw 3.25 will apply at all times. This may mean that recreational vessels will need
to reduce their speed below the 12 knot maximum to comply in the vicinity of the race course in use.
12. All vessels must be navigated in accordance with Maritime Rules Part 22: Collision Prevention.
13. No person may jump, dive or swim from any wharf or structure within the permit area, unless the person has been authorised by the Harbourmaster or a member of the New Zealand Police.
14. In all areas defined above, the Auckland Council may:
(a) order the suspension or abandonment of racing operations if, in the opinion of the Auckland Council's Harbourmaster, adequate levels of public safety cannot be guaranteed. This power will be exercised in consultation with the New Zealand Police, the event organiser and Ports of Auckland Limited.
(b) specify and vary conditions and requirements for the day-to-day management and conduct of activities within each area, for the purpose of protecting the safety of the public and competing yachts.
Additional Restrictions
All vessels must comply with any temporary restrictions or directions issued by the Auckland Harbourmaster. Temporary restrictions or directions will be broadcast on VHF channel 12 as soon as practicable after the restriction or direction is issued, and every hour at approximately 15 minutes past
the hour while it is in force. In addition, advice to vessels
to listen to these broadcasts will be transmitted on VHF channel 16.
Proposed Hours of Operation
The proposed declaration will apply 24 hours per day for
the entire period from 5 March 2012 to 18 March 2012 inclusive.
Means of Enforcement
Compliance with the above conditions and requirements will be enforced by appointed enforcement officers, as defined in section 200B(6) of the Maritime Transport Act 1994.
The enforcement officers will be identified officers
of the New Zealand Police and authorised employees of
the Auckland Council acting under the direction of the Auckland Harbourmaster.
The above restrictions do not apply to vessels operated by enforcement officers in their professional capacity.
Under section 200B(5) of the Maritime Transport Act
1994, any person in charge of a ship, craft or seaplane
who contravenes this notice commits an infringement offence and is liable to the relevant penalty prescribed in
the Maritime Transport (Infringement Fees for Offences Relating to Major Maritime Events) Regulations 1999.
Comments on This Notice
Any person may forward written comments on this
proposal to
Brooke Martin
Ministry of Transport
PO Box 3175
Wellington 6140
or by email
b.martin@transport.govt.nz
provided such comments are received no later than 5.00pm on Thursday 23 February 2012.
Comments are submitted on the presumption that they will be made public.
If submitters do not wish this to occur, a statement to that effect should be made.
Dated at Wellington this 5th day of February 2012.
HON GERRY BROWNLEE, Minister of Transport.