Pursuant to section 200A(3)(d) of the Maritime Transport Act 1994, I give notice that I have received an application from the Auckland Council to declare the three race events associated with the 36th America’s Cup to be an event to which section 200B of the Maritime Transport Act 1994 applies for:

• the Christmas Cup between 17 December 2020 and 20 December 2020 inclusive;
• the Prada Cup between 15 January 2021 and 24 February 2021 inclusive;
• the 36th America’s Cup between 6 March 2021 and 21 March 2021

and that I intend to make a declaration to that effect by notice in the New Zealand Gazette.

Proposed are Affected by the Application

The area in respect of which the application is made is defined as follows:

General Designated Area

The area of tidal waters inside a line drawn from Northcote Point (36°49′.64S 174°44′.86E), then by the high water mark of ordinary spring tide to Tatarata Point (36°43′.85S 174°45′.40E), then by a straight line to Billy Goat point (36°43′.80S 174°54′.90E), then by the high water mark of ordinary spring tide around the western and southern coastlines of Rangitoto Island and Motutapu Island to Emu Point (36°47′.81S 174°54′.75E), then by straight line to the South Western point of Motuihe Island (36°49′.36S 174°56′.48E), then by straight line to Koi Island (36°49′.62S 175°03′.30E), then by straight line to Maraetai Headland (36°52′.47S 175°02′.28E), then by straight line to Dennis Rock (36°52′.44S 174°58′.40E), then by straight line to Musick Point (36°50′.77S 174°54′.05E), then by straight line to West Tamaki Head (36°50′.80S 174°52′.52E), then by the high water mark of ordinary spring tide to the Auckland Harbour Bridge thence by a straight line to Northcote Point.

The America’s Cup Village Area is defined as those waters which lie to the south of a straight line joining the northernmost ends of Wynyard Wharf and Princes Wharf.

Within the general designated area there are five possible race courses. The approximate coordinates of these courses are:

These course areas are approximate. Courses A and E may be rotated in orientation and moved in the general vicinity so as to afford the best wind direction for racing.

Proposed Conditions and Requirements

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

1. The race course to be used on any given day will be publicly announced by 1200 on the day of the race by public broadcasting, event website and marine communication channels. Buoyed transit lanes will allow transiting vessels to navigate around courses B, C and D.
2. On race days, only power-driven vessels may use the transit lanes. No sails may be hoisted whilst transiting the lanes. Vessels must be able to maintain a proper speed of FIVE knots during transit and must not stop, turn around or anchor within the lane.
3. Charts showing the location of the race courses and transit lanes will be widely promulgated prior to the event period as part of the event’s overall public education programme.
4. Once a race course is designated, the perimeter of the course will be conspicuously marked with both buoys and stake boats by the event organiser.
5. Once the race course is designated and marked, only competing yachts, vessels used by the race committee, umpires, marshals, emergency vessels and vessels accredited by the event organiser and Harbourmaster may navigate within the marked perimeter until the Harbourmaster, or delegate, has announced on VHF Ch.16 that the day’s races have been concluded.
6. 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 for the proper management and conduct of ships and activities within the designated area or for the purposes of maritime safety. This includes the ability to set speed limits and reduced wake zones.
7. All vessels must be navigated in accordance with Maritime Rule Part 22: Collision Prevention.
8. All vessels are to remain in compliance with the Auckland Council Navigation Safety Bylaw 2014 and Controls as well as Harbourmasters’ Directions.
9. No Vessels 40m length overall (LOA) or greater may navigate within the designated area on race days without prior written approval of the Auckland Harbourmaster. The Harbourmaster will closely coordinate commercial shipping movements with Ports of Auckland Limited.
10. No Vessel 40m LOA or greater may anchor or hold position within the designated area during the applicable period without prior written approval of the Auckland Harbourmaster.
11. If the Harbourmaster exercises their general powers under section 33F of the Maritime Transport Act 1994 to introduce restrictions on vessels or classes of vessels, notification of these restrictions will be promulgated on the day of the race by public broadcasting, event website and marine communication channels.
12. Throughout the declared period, no vessel may enter the Viaduct Marina or Wynyard Marina without calling Viaduct Harbour on VHF Ch.73 and obtaining their permission to enter. The Harbourmaster may restrict access to the America’s Cup Village Area or introduce restrictions on vessels or classes of vessels, including those operating without motorised propulsion, within the area.
13. Auckland Council may order the suspension or abandonment of racing operations if, in the opinion of the Harbourmaster, adequate levels of public safety cannot be guaranteed. This power will be exercised in consultation with the New Zealand Police and the event organiser.
14. Every commercial ship, as defined in the Maritime Transport Act 1994, operating within the designated area must be operated under the authority of:
    1. an appropriate certificate or document as required by any maritime or marine protection rules made under this Act; or
    2. an exemption issued by the Director in accordance with this Act.

Proposed Hours of Operation

The proposed declaration will apply in all areas, except the America’s Cup Village, generally from 1200 to 2100 hours (subject to changes determined on a daily basis by the Harbourmaster). The specific hours of operation will be announced by public broadcasting, event website and marine communication channels.

The America’s Cup Village area will be active 24 hours a day for the entire periods covered by the proposed declaration.

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, including the event marshals who will be employed or engaged by America’s Cup Events Limited and appointed by Auckland Council;
5. The event organisers, America’s Cup Events Limited, are responsible for the management of the race courses and on-water spectator areas. They are also responsible for all movement of team boats, media, spectators and other event related vessels, including to and from the race courses (for competition and training), the on-water media areas and the on-water spectator areas;
6. 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.

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 email r.brown@transport.govt.nz provided such comments are received not later than 5.00pm on 18 September 2020. Comments are submitted on the presumption that they will be made public. If submitters do not wish this to occur, a statement to the effect should be made.

Dated at Auckland this 29th day of August 2020.

Hon PHIL TWYFORD, Minister of Transport.

Appendix 1 – Visualisation of Designated Area

Key:

Light green: Boundary of designated area;
Red: Course A;
Dark Green: Course B;
Violet: Course C;
Yellow: Course D;
Purple: Course E