Pursuant to section 200A(3)(d) of the Maritime Transport Act 1994, I give notice that I have received an application from the Environment Canterbury Regional Council to declare the Lyttelton SailGP to be an event to which section 200B of the Maritime Transport Act 1994 applies from:

• Monday 18 March 2024 to Sunday 24 March 2024 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

The area of tidal waters inside a line drawn from the Western end of Magazine Bay to the easternmost point of Ōtamahua / Quail Island; then by a straight line to Pauaohinekotau Head; then by a straight line to the northern headland of Stoddart Point; then by a straight line to the northernmost point of Ripapa Island; then by a straight line to the western headland of Te Pōhue / Camp Bay; then by a straight line to the point on the southern shore of the harbour intersected by longitude 172°48.0′ then northwards along longitude 172°48.0′ until meeting the northern shore of the harbour in Mechanics Bay; then in a westerly direction around the water’s edge, including the Lyttelton Inner Harbour, returning back to the Western end of Magazine Bay.

Proposed conditions and requirements

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

1. The racecourse to be used on any given day will be publicly announced by 12.00pm on the day of the race by public broadcasting, on the event website and by marine communication channels. Buoyed transit lanes, as specified by the Canterbury Regional Council Harbourmaster (“Harbourmaster”) and provided and installed by SailGP race management, will allow transiting vessels to navigate outside the course.
2. On race days, except as allowed under condition 3, only power-driven vessels may use the transit lanes or no stopping areas. Such vessels must be able to maintain a ground speed of 5 knots during transit and must not stop, turn around or anchor within the above areas.
3. Paddlecraft may transit through the transit lane along the southern side of the event area provided that throughout their transit they remain as close to the southern edge of the transit lane as is safely practicable.
4. No sails may be used or hoisted whilst in any transit lane, no stopping area, or any other reserved area.
5. Except as allowed under condition 3, no non-powered vessel may enter any part of the event area without the express permission of a SailGP event marshal.
6. Charts showing the location of the racecourses, restricted areas and transit lanes will be widely promulgated prior to the event period as part of the event’s overall public education programme.
7. Once a racecourse is designated, the perimeter of the course, and designated areas will be conspicuously marked with buoys and stake boats, as appropriate, by F50 League NZ Ltd (“event organiser”).
8. Once the racecourse is designated and marked, only competing yachts, vessels used by the race committee, umpires, marshals, emergency vessels, Lyttelton Port Company and vessels accredited by the event organiser and the Environment Canterbury Harbourmaster’s Office (“Harbourmaster’s Office”) may navigate within the marked perimeter until the Harbourmaster, or their delegate, has announced on VHF Ch16 that the day’s races have been concluded.
9. The Harbourmaster’s Office may vary conditions for the day-to-day management and conduct of activities within the designated areas (as per section 200A(2)(e) of the Maritime Transport Act 1994) as required for the proper management and conduct of vessels and activities within the designated areas or for the purposes of maritime safety. This includes the ability to set speed limits, reduced wake zones and restricted access areas.
10. Except where expressly authorised by the Harbourmaster’s Office, all vessels must be navigated in accordance with Maritime Rules Part 22: Collision Prevention.
11. All vessels are to remain in compliance with the Canterbury Regional Council Navigation Safety Bylaw 2016 and Controls as well as Harbourmaster's Directions.
12. No vessel over 40m length overall (LOA) may navigate within the event area on race days from one hour before the initial estimated race start time (as estimated at the start of the day by the race officials) to when racing has concluded without prior written approval of the Harbourmaster’s Office. The Harbourmaster’s Office will closely coordinate commercial shipping movements with Lyttelton Port Company.
13. No vessel over 40m LOA may anchor or hold position within the designated area during the applicable period without prior written approval of the Harbourmaster’s Office.
14. The Harbourmaster’s Office may introduce restrictions on vessels or classes of vessels including those operating without motorised propulsion during the applicable period. Notification of these restrictions will be promulgated on the day of the race by public broadcasting, on the event website and by marine communication channels.
15. From one hour before the initial estimated race start time (as estimated at the start of the day by the race officials) to when racing has concluded, and if determined by the Harbourmaster, no vessel may enter into or exit from the Inner Harbour without calling Lyttelton Harbour Radio on VHF Ch12 and obtaining their permission to enter into or exit from the Inner Harbour. The Harbourmaster’s Office may restrict access to the Inner Harbour area or introduce restrictions on vessels or classes of vessels, including those operating without motorised propulsion, within the area.
16. The Harbourmaster’s Office may order the suspension or abandonment of racing operations if, in the opinion of the Harbourmaster or their Delegate, or having received advice from Police, adequate levels of public safety on the water cannot be guaranteed or if an on-water safety situation is worsening or for any other Harbour emergency or on-water safety situation that may occur. This power will be exercised in consultation between the New Zealand Police, Harbourmaster’s Office, the event organiser and Lyttelton Port Company.

Proposed hours of operation

The proposed declaration will apply in all areas from 1000 to 2100 hours (subject to changes determined on a daily basis by the Harbourmaster’s Office). The specific hours of operation will be announced by public broadcasting, on the event website and by marine communication channels on a daily basis.

Means of enforcement

1. 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 the Canterbury Regional Council, and
4. such other persons as may for the time being authorised for the purpose by the Harbourmaster’s Office.

2. The event organiser is responsible for:

1. management of the race courses and designated on-water spectator areas,
2. management of any transit lane, no stopping area, and any other restricted areas within the designated reserved race area, and
3. 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.

3. The event marshals will be Honorary Enforcement Officers warranted with the powers prescribed in section 200B of the Maritime Transport Act 1994. They will be employed or engaged by the event organiser and appointed by Canterbury Regional Council.
4. 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, sailgp2024@transport.govt.nz provided such comments are received not later than the close of 12 February 2024. 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 Waimakariri this 27th day of January 2024.

Hon MATT DOOCEY, Associate Minister of Transport.