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lifejacket wearing is now compulsory for boats 6m or less


Clive

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Well, the Coastguard got what they wanted... Auckland will be next.

 

Subject: WRC bylaw adopted today - lifejacket wearing is compulsory for boats 6m or less Greetings all,

 

This is to advise – in case you haven’t already heard – that Waikato Regional Council adopted their new navigation safety bylaw yesterday.

The key change is that it is now compulsory to wear a PFD (lifejacket) in vessels 6 metres or less while underway, in the Waikato Region.

The area covered by Waikato Regional Council includes all of the Coromandel Peninsula and the Mercury Islands, Slipper Island etc.

 

This means, amongst other things, that whenever you go ashore in your dinghy, in this area, you will need to be WEARING (not just carrying) a lifejacket.

 

For any more information, please contact the Waikato Regional Council’s Navigation Safety team on 0800 800 401.

 

Regards,

Jennifer Roberts

| Harbour Master - Western Bay of Plenty | Mount Maunganui | Ph: 0800 884 881 x8413

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It will be interesting to see if this news is very widly spread or they don't do that and start using it as revenue gathering.

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The quote below is Coastguard's response to Vagabond from the other thread on this topic. Guess I was never going to be comfortable with the way this one seems to be heading but it does stand out that the first communication of the new bylaw refers to going ashore in a dinghy.

 

Pragmatic and reasonable... :problem: At least we can look forward to a dramatic reversal of the nation's drowned-while-going-ashore-in-a-dinghy stats :roll:

 

A reply from coastguard.

They are for the mandatory wearing of lifejackets.

 

Hi Clive,

 

Our submission in support of the Waikato Bylaw change regarding lifejackets was driven by promoting safety/saving lives, and was made after reassurance from the Manager - Navigation and Safety that the enforcement by harbourmaster staff would be pragmatic and reasonable.

 

To draw an analogy, it is the law to wear a seatbelt in a car at all times while the car is in motion. Common sense would perhaps say that surely it's not necessary to wear a seatbelt on a quiet road when travelling at walking pace, as the risk is very low. Pragmatism is exercised (in my view) on the whole by Police. For instance you don't see Police standing at the top of a boat ramp, issuing tickets to people driving up the ramp and parking their trailer on the quiet road opposite if they're not wearing their seatbelt.

 

Unfortunately people have drowned from yacht tenders.. While it might make sense to have various exclusions, I think it all then becomes too complicated. Better to have a simple straight forward law - that everyone knows and that will be easy to advertise/promote awareness of. I'm comfortable we can rely on harbour master staff not to be issuing infringement fines to boaties rowing ashore a short distance on calm sunny days in sheltered bays.

 

Kind regards,

 

Neil.

Neil Murray | General Manager

Coastguard Boating Education

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To a certain extent I feel for the council on this one (yeah, unusual I know).

Put yourself in their position when the next lemming drowns itself while not wearing a lifejacket, and some opportunistic journalist starts a beat-up about how they chose not to make wearing them compulsory when they had the chance.

Point is, the general public just don't get it... hell, even my better half (who's a non-swimmer but should still know better) seems to regard a life jacket as some kind of mystical silver bullet cure-all.

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To a certain extent I feel for the council on this one (yeah, unusual I know).

Same here.

They took guidance and when the Coastguard goes along with what they propose I would not have expected any different.

 

Please, email Coastguard and let them know that you support this or you do not. Auckland will be next. If we do nothing .... well...

 

neil@boatingeducation.org.nz

patrick.holmes@nzcoastguard.org.nz

david.tommas@coastguard.org.nz

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I don't think its a bad idea anyway.

 

If you feel that strongly about it though suggest you find out where Maritime Safety stands on this, if they are behind this, then it will be more likely a done deal....

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...was made after reassurance from the Manager - Navigation and Safety that the enforcement by harbourmaster staff would be pragmatic and reasonable

I guess it says something about the way NZers see themselves that they don't think they can be trusted to exercise 'pragmatic and reasonable' judgment themselves without an enforcer.

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...was made after reassurance from the Manager - Navigation and Safety that the enforcement by harbourmaster staff would be pragmatic and reasonable

I guess it says something about the way NZers see themselves that they don't think they can be trusted to exercise 'pragmatic and reasonable' judgment themselves without an enforcer.

 

Problem is....... they are out there, in ever increasing numbers

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So what actual power does a harbour master have? If someone told them to get stuffed or gave false information, say, what might be the consequences?

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So what actual power does a harbour master have? If someone told them to get stuffed or gave false information, say, what might be the consequences?

Don't know, but not something I'd be trying if that same harbour master administers your mooring.

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OK, so the next tactic is to duct tape a boathook on the bow of our dinghy as a bowsprit and another one on the stern as a bumkin and hey presto, we're over 6 metres LOA ..... Get stuffed Mr Harbourmaster.

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Without giving too much away, there has been times in the very recent past where councils have changed the rules and then made the new rules well known but due to legal shite haven't actualy had the power to do much more than just bluff until the legals get ther excrement up to speed.

 

Don't know what WRC have or don't but I'd be asking anyone who stops me to both verify who they are and what power they have to do what. In the WRC area most H/M's are only for a small specific area i.e Coro harbour only, and I doubt have that much power to do shite usualy only the Police can. I'd be thinking they can take your details back to HQ for the real H/M to decide what to do from there and it would surprise me if they have the legal ability to hand out fines on the spot.

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So what actual power does a harbour master have? If someone told them to get stuffed or gave false information, say, what might be the consequences?

 

the local government act required that you provide correct details when properly requested

 

If you choose not too, and choose not to comply with the bylaws, you may face and infringement fine for the breach of the bylaws. not much for the false info, unless there is a decision to prosecute you, at which point you will be arguing against several breeches of bylaws and LGA. Probably a cumulative effect.

 

As in most enforcement type situations if you try and be a prat about it, give false info or just try act like an AH, chances are much higher that more sh*t is going to come back your way.

 

of course if everyone wants to start giving false info when asked won't that make a good case for registration......

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I'm not thinking of simply being an AH, I'm thinking of a campaign of widespread civil disobedience. A Harbourmaster can jump up and down until he's blue in the face, but if everyone decides its a load of old bollocks and that they're not going to play the stupid game, then what can they do?

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Don't know what WRC have or don't but I'd be asking anyone who stops me to both verify who they are and what power they have to do what. In the WRC area most H/M's are only for a small specific area i.e Coro harbour only, and I doubt have that much power to do sh*te usualy only the Police can. I'd be thinking they can take your details back to HQ for the real H/M to decide what to do from there and it would surprise me if they have the legal ability to hand out fines on the spot.

 

As you should do too, in regard to asking for ID, as for power to do , they'll probably be either quoting a section of their by-laws or section 650C of the LGA

 

A person authorised the their council can issue an infringement on the spot, they can also take the information and pass it on, as can someone authorised to take your details, and pass it to someone who can issue a ticket.

 

From memory none of the tickets issued in Wellington have been done on the spot.

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I'm not thinking of simply being an AH, I'm thinking of a campaign of widespread civil disobedience. A Harbourmaster can jump up and down until he's blue in the face, but if everyone decides its a load of old boll*cks and that they're not going to play the stupid game, then what can they do?

 

clog up the courts system? i do wonder how wide spread the widespread civil disobedience would be and would it get noticed?

 

if you really wanted to change it you could lean on local councillors, but are even a large group of yachties enough to sway the political balance of power? If you are too successful you might get more attention higher up the food chain and bring down registration etc on your head to quell the rebellion. Not sure of that would be a good outcome to the problem?

 

Better option is to submit on the Auckland bylaws and make a noise BEFORE changes are made....

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argh!! ever time I have tried to reply i've got to edit the quote because our F?&%& prude of a security system wont let through sh*te and b8llucks! :wtf:

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