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Who does this apply to

The Harbourmaster is responsible for maritime safety, including the safety of Auckland's ports, harbours and waters. Rules, such as those in the Auckland Council Navigation Bylaw 2021, exist to help prevent accidents, injuries and damage on the water. 

You must follow these rules if you are around Auckland's navigable waters, including if you use a: 

  • powered or non-powered boat 
  • jetski 
  • windsurfer or kitesurfer 
  • waterski 
  • paddleboard, kayak or canoe. 

 

Staying safe on the water

The Harbourmaster takes a zero-tolerance approach to maritime safety. 

Some basic steps you can take to stay safe and avoid a fine include:  

  • wearing a life jacket 
  • carrying a waterproof phone or radio 
  • avoiding excess speed, particularly in powered vessels
  • avoiding drinking excessive alcohol when on the water 
  • using correct signals 
  • knowing where you can and cannot safely navigate or moor your boat. 

Learn more about maritime safety in Auckland.

Offences, fines and how to avoid them

This list explains the most common offences that the Harbourmaster enforces. For a full list, see the relevant legislation.

General responsibilities

Failing to nominate a person in charge of the vessel

Before heading out, you need to decide who is responsible for everyone’s safety and the safe operation of the boat.  

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 6. 

Allowing a person under the age of 15 to operate a power-driven vessel

The driver of a power-driven vessel able to exceed 10 knots must be at least 15 years old.

The owner and anyone on board that is 15 years or older must not allow someone under the age of 15 to drive. 

There are only two exceptions to these rules: 

  1. The young person is under direct supervision of a person:
    • 15 years of age or older
    • in immediate reach of the controls
    • not responsible for observing another person being towed.
  2. The young person has obtained approval from the Harbourmaster's or the Director of Maritime New Zealand. This could be to participate in an organised event.

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 7.  

Operating a vessel at a speed exceeding 5 knots within a specified area

Unless one of the exceptions applies, you must not exceed 5 knots within: 

  • 50m of another vessel or person in the water 
  • 200m of the shore or any structure 
  • 200m of any vessel that is displaying a diver flag (Flag A) 
  • any specific area made under clause 60(1)(a) as having a 5 knot speed limit 
  • any mooring zone. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 8. 

Operating a vessel in breach of Maritime Rules about collision prevention

You must comply with all collision prevention rules to avoid crashing into other vessels, objects or people. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 9. 

Failing to report an accident or incident on navigable water

If your boat is involved in an accident that results or could have resulted in damage to another vessel, navigation aid or structure, you or the person in charge of the vessel must report it.

The report must be provided verbally as soon as possible and in writing as soon as practicable to the Harbourmaster and Maritime NZ.

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 10.  

Failing to obtain prior approval to berth, moor, anchor or leave a vessel

In certain circumstances, you need approval to berth, moor, anchor or leave your boat. This includes:  

  • approval from the facility owner of a wharf, ramp or pontoon 
  • approval from the Harbourmaster to use a mooring 
  • approval from the Harbourmaster to anchor overnight in the same area for longer than 14 days in a 28 day period 
  • approval from the Harbourmaster to leave some vessels on the foreshore. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 11. 

Failing to ensure a vessel is securely berthed, anchored, or moored

Your vessel must be securely berthed, anchored or moored so it doesn't become a safety hazard. If notified by the Harbourmaster, you must also have a person on board to keep watch.

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 12. 

Failing to ensure a vessel does not cause a danger or risk to public safety when unoccupied

You must make sure your boat does not cause any danger or risk to public safety when not in use. This could include breaking free from or dragging its mooring, obstructing or endangering another boat, becoming unseaworthy or sinking.  

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 13. 

Obstructing the navigation of navigable waters

You must not cause an obstruction or hazard. This includes:  

  • blocking or impeding the passage of other boats  
  • blocking or impeding the approach to a wharf, pier, quay, jetty, pontoon, landing place, boat ramp, slipway, and so forth 
  • cutting, breaking, or unlawfully detaching a vessel from its anchor, mooring or securing to any structure
  • impeding the passage of an aircraft in the process of landing or taking off on the water 
  • causing or allowing objects to be dropped, placed, or left behind in the water that could cause a hazard to other water users. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 14. 

Failing to ensure wake from a recreational vessel or thing towed does not cause a hazard

You must ensure the wake from your vessel or from any person or object being towed does not:

  • prevent other people from safely using the water
  • cause danger or risk to other vessels, structures or navigation aids
  • cause risk of harm to any other person. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 15. 

Operating a vessel’s propulsion system around berthing structures and ramps

You must not use your boat’s engine near wharfs, ramps, jetties or other structures in a way that could cause damage or harm to other people, vessels, structures or navigation aids.  

If you are testing the propulsion system of a large vessel, you must first warn all people or vessels in the immediate area and station a crew member both forward and aft for the testing. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 16. 

Erecting a navigation aid, light or structure or tying a vessel to a navigation aid

You must not interfere with a navigation aid such as a beacon, navigation mark, buoy or light. This includes damaging, removing or defacing it.

Fine: $300 

You must not:

  • erect a navigation aid
  • erect a light or structure that may be mistaken as a navigation aid
  • tie a vessel to a navigation aid.

Fine: $200

Auckland Council Navigation Bylaw 2021, clause 17. 

Failing to comply with conditions of use of a restricted area

You must comply with all conditions of use to enter, remain, or use any of the following specific areas:  

  • access lane 
  • reserved area
  • prohibited anchorage 
  • restricted area
  • restricted anchorage 
  • special reserved area. 

Fine: $200 for access lanes and reserved areas.

Fine: $300 for prohibited anchorages, restricted areas, restricted anchorages and special reserved areas.

Auckland Council Navigation Bylaw 2021, clause 31. 

Lifejackets

Failing to have sufficient personal floatation devices for each person on board a recreational vessel

You must have enough personal flotation devices such as lifejackets on board for each person on the boat. These must be readily accessible, of appropriate size for each person, and in good working condition.  

Lifejackets are not required for stand-up paddle boards if the person is attached by a leg rope, or windsurfers, kite boards, or similar where the user is wearing a wetsuit. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 18. 

Failing to ensure every person on board a recreational vessel is wearing a life jacket in situations of heightened risk

In dangerous conditions such as low visibility, rough seas, adverse weather or crossing a bar, every person on the vessel must be wearing a lifejacket. It must be properly secured and the right size for them. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 19. 

Failing to wear a properly secured lifejacket when on board a recreational vessel 6 metres or less in length

If your vessel is 6 metres or less in length, all people on board must wear life jackets unless the person in charge of the boat specifically states that it’s safe not to. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 20. 

Failing to ensure that any person being towed by a vessel is wearing a life jacket

The person in charge must ensure a person being towed (such as on skis or tubes) is wearing a life jacket that is properly secured and fitted for them. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 21. 

Specific activities on or in the water

Swimming, jumping or diving in certain areas in breach of requirements

You must not swim, jump or dive in certain areas. This includes:  

  • from or within 50m of a wharf, quay, jetty, pontoon, boat ramp or similar structure when a boat is moving nearby 
  • within any navigational channel leading to a wharf, quay, jetty or similar 
  • in any area specified by the Harbourmaster, for example a restricted area or special reserved area.  

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 22. 

Failing to operate a paddle craft in a visible way beyond sheltered waters

If you’re using a paddle craft of 6m or less in length such as a kayak, stand up paddle board or waka outside of sheltered waters, you must ensure it is visible.

You should use flags, lights, or high visibility equipment to make sure it is visible from more than 200m away. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 24.  

Failing in duties when towing a person or being towed for recreational purposes

If you’re towing another person on water skis, a wake board, sea biscuit, surfboard, paraglider, or similar you must:  

  • have at least one other person on board who can immediately notify the person in charge of any mishap to the person being towed 
  • not tow that person when required to be under 5 knots speed, for example within 50m of another vessel 
  • not tow that person between sunset and sunrise 
  • immediately recover any object that has been dropped.  

You must also not allow yourself to be towed in circumstances other than these.

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 25. 

Failing to display Flag A (Diver flag) when diving

If you’re scuba diving, free diving or spear fishing you must ensure a diver flag is displayed to let other water users know.

The person in charge of the boat must display the diver flag, or if there is no boat it must be displayed on a buoy close to where the person is diving.  

The flag must be no less than 600mm wide by 600mm high. It must be able to be seen from more than 200m away.  

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 26.  

Failing to obtain Harbourmaster’s approval for certain organised water activities

If you’re organising an event like a race, ceremony, training or other organised water activity, you must get approval from the Harbourmaster if:  

  • the activity requires the temporary suspension of any clause in this bylaw, for example a speed limit 
  • the activity requires the temporary installation of course markers or similar structures in the water 
  • the person wants or the Harbourmaster requires the activity to have a special reserved area control 
  • the person or the Harbourmaster considers the activity is likely to affect other water users.  

Learn more about planning a harbour event.

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 28.  

Equipment and condition of vessel

Failing to ensure a vessel is seaworthy

All vessels that are anchored or moored in navigable waters must be seaworthy at all times.

You must not operate an unseaworthy vessel within navigable waters.

Fine: $300 

Auckland Council Navigation Bylaw 2021, clause 32. 

Failing to ensure vessel displays appropriate identification

Appropriate identification must always be displayed on your vessel.  

For power-driven vessels 4m or more in length, and non-powered vessels 6m or more in length, the identification must:  

  • be displayed when on any navigable waters 
  • be displayed above the waterline on each side of the vessel 
  • be unique to the vessel 
  • not be the brand, make or model of the vessel 
  • use letters from the English alphabet, numbers, or a combination of both 
  • have characters 90mm or more in height 
  • be legible by day from a distance of at least 50m.  

For jet ski (personal watercraft), the identification must:  

  • be the number issued by the Harbourmaster or local authority 
  • be displayed in a prominent place above the waterline.  

For all other vessels the identification must include the name and contact details of the owner displayed somewhere on the vessel.  

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 33. 

Failing to have appropriate navigational and communication equipment on board

You must have appropriate and functional equipment to be able to:  

  • navigate safely  
  • communicate using two independent forms of communication at any time with a land-based person 
  • communicate using a VHF radio within the vicinity of a harbour entrance bar.  

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 34. 

Registering your personal watercraft

Failing to register a personal watercraft

You must register your personal watercraft, such as a jet ski, with the Harbourmaster. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 36(1). 

Operating a personal watercraft without displaying identification

You must not operate a personal watercraft on navigable waters without displaying a current identification.

Fine: $200

Auckland Council Navigation Bylaw 2021, clause 36(2).

Failing to advise the Harbourmaster of the sale or disposal of a personal watercraft

The registered owner of a watercraft such as a jet ski must notify the Harbourmaster within 14 days of the craft being sold or disposed of. 

Fine: $200 

Auckland Council Navigation Bylaw 2021, clause 37. 

Moorings

Failing to obtain the Harbourmaster’s approval to lay, use, transfer approval for or leave unoccupied any mooring

Unless the mooring has resource consent, you must get approval from the Harbourmaster before you: 

  • lay a mooring 
  • use a mooring  
  • use the mooring for another vessel  
  • transfer an approval to another vessel
  • leave the mooring unoccupied for more than 6 months within any 12 month period. 

Fine: $300 

Auckland Council Navigation Bylaw 2021, clause 38. 

Failing to maintain a mooring

Your mooring must be maintained in good condition, compliant with any controls, and have a current mooring inspection certificate from an approved provider. You must carry out any maintenance required by the Harbourmaster within the time specified.

Learn more about mooring inspections.

Fine: $300 

Auckland Council Navigation Bylaw 2021, clause 39. 

Large vessels, dangerous goods and operations

Failing to notify the Harbourmaster with regards to bunkering operations

Bunkering operations must be carried out safely. You must notify the Harbourmaster at least 24 hours before the operations start and must stop operations if directed by the Harbourmaster.  

Fine: $500 

Auckland Council Navigation Bylaw 2021, clause 52. 

Failing to carry out hot works in accordance with requirements

Hot works like welding must be carried out safely. This includes:  

  • getting written approval from the owner or manager of the berth at which the hot works will occur
  • making sure hot works do not occur at the same time as bunkering  
  • making sure all precautions have been taken to prevent and extinguish any fire that might result from the hot works
  • complying with relevant codes of practice.

Fine: $500 

Auckland Council Navigation Bylaw 2021, clause 53. 

Impeding the navigation of a large vessel in a pilotage area

If your vessel is less than 500 gross tons, you must not impede the movement of any vessel larger than 500 gross tons.

Vessels must not enter the ‘moving prohibited zone’ of a large vessel. This is:  

  • 100m on each side or the width of the marked channel, whichever is less 
  • 100m astern and 500m ahead of the vessel 
  • following the line of the marked or buoyed channel when changing course.  

Fine: $300 

Auckland Council Navigation Bylaw 2021, clause 54. 

Relevant legislation

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