Pursuant to section 200A(3)(d) of the Maritime Transport Act 1994, I give notice that I have received an application from Gisborne District Council to declare the Tuia 250 Voyage Opening Ceremonies to be an event to which section 200B of the Maritime Transport Act 1994 applies on 5 October 2019 and 8 October 2019, 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

The designated area will be Tῡranganui-a-Kiwa (Poverty Bay) to the seaward limits of Gisborne Harbour as defined within the Gisborne Harbour Act 1905, namely a straight line from Te Kuri a Paoa (Young Nick’s Head) to Tuahine Point.

This is from the low water mark at Te Kuri a Paoa (Young Nick’s Head) at 38.7579°S, 177.9723°E to Tuahine Point at 38.7082°S, 178.0693°E and then in a straight line between those two points.

The attached map at Appendix One can be used as a visualisation of this. The map is not to scale and is for visualisation purposes only.

Proposed Conditions and Requirements

Within the designated area defined above, the following conditions and requirements apply:

1. Only ships which are official participants in the Tuia 250 Voyage may anchor within the designated area for the duration of the event.
2. All commercial shipping traffic is prohibited from transiting through the designated area for the duration of the event.
3. A 200 metre prohibition zone is to be maintained in all directions around any participating ships while at anchor.
4. A 100 metre prohibition zone is to be maintained in all directions around any participating ships while underway.
5. Spectator vessels are permitted within the designated area, subject to a five knot (9.3km/h) speed restriction at all times.
6. All vessels are to remain in compliance with all Regional Bylaws and Navigation Safety Rules at all times – namely Gisborne Navigation and Safety Bylaw 2012, Maritime Rules, and harbourmaster directions.
7. The Harbourmaster may vary conditions for the day to day management and conduct of activities within the designated area (per section 200A(2)(e) of the Maritime Transport Act 1994) as required to allow for the proper management and conduct of ships and activities within the designated area or for the purposes of maritime safety.

Proposed Hours of Operation

The proposed declaration will apply 24 hours per day on both 5 October 2019 and 8 October 2019.

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:

1. All constables; and all police employees who are not constables authorised for the purpose by the Commissioner of Police
2. All members of the New Zealand Defence Force authorised for the purpose by the Chief of Defence Force
3. Harbourmasters employed or engaged by any harbour controlling authority
4. Such other persons as may for the time being be authorised for the purpose by the regional council within whose region the event or occasion is being held.

Those persons authorised above may also be assisted by Honorary Enforcement Officers from various local agencies including: Coastguard New Zealand, Fire and Emergency New Zealand, Maritime New Zealand’s Maritime Officers, Harbourmasters personnel engaged from neighbouring regions, and local Maori Wardens. These personnel will be appointed by the Gisborne District Council under clause 5.2 of the Gisborne District Council Navigation and Safety Bylaw 2012.

Application to Enforcement Officers

Enforcement officers are exempt from the rules or conditions contained in this notice where necessary to execute their duties, but must at all times navigate in accordance with Maritime Rule Part 22: Collision Prevention.

Comments on this Notice

Any person may forward written comments on this proposal to Roger Brown, Ministry of Transport, PO Box 3175, Wellington 6140, or, r.brown@transport.govt.nz provided such comments are received not later than 5.00pm on Friday 30 August 2019. 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 this 12th day of August 2019.

Hon PHIL TWYFORD, Minister of Transport.

Appendix 1 – Visualisation of Designated Area