OIA 2020 193 Response Letter.pdf

22 December 2020

File Ref: OIAP-7-17170

Brian Warburton
By email: [FYI request #14197 email]

Dear Mr Warburton

Request for information 2020-193

I refer to your request for information dated 24 November 2020, which was received by Greater
Wellington Regional Council (Greater Wellington) on 25 November 2020. You have requested the
following:
“Can you please send me a copy of all the documents I need so I can understand what obligations
there are on the Titahi Bay Surf Life Saving Club when undertaking training and using high speed
boats. I believe there are regular breaches of the Harbours Bylaw (section 3.2 - speed of vessels) by
TBSLSC.

This is allowed for under Clause 3.2.7 of the Bylaw but only if: "the craft is operated .... in
accordance with the [clubs] Inflatable Rescue Boat training policy that has been approved by the
Director of Maritime NZ".

So, I'd expect that your response to my request will include a copy of Titahi Bay's SLC training policy,
and the corresponding approval.”

Greater Wellington’s response follows:
Can you please send me a copy of all the documents I need so I can understand what obligations
there are on the Titahi Bay Surf Life Saving Club when undertaking training and using high speed
boats. I believe there are regular breaches of the Harbours Bylaw (section 3.2 - speed of vessels)
by TBSLSC.

Wellington office
Upper Hutt
Masterton office
0800 496 734
PO Box 11646
PO Box 40847
PO Box 41
www.gw.govt.nz
Manners St, Wellington 6142
1056 Fergusson Drive
Masterton 5840
[Wellington Regional Council request email]

Titahi  Bay  Surf  Life  Saving  Club  (TBSLSC)  is  affiliated  to  Surf  Life  Saving  New  Zealand  (SLSNZ)  and
operates within their policies and procedures.  The following SLSNZ Training Manuals are attached
for your reference and information:
1.  Surf Life Saving Rescue Water Craft Training Manual.  Please refer to Section D – Maritime
Regulations Page 15 which provides information related to speed and maximum speed in the
circumstances described.
2.  Surf Life Saving New Zealand Inflatable Rescue Boat Training Manual.  Please refer to Section
D  Maritime  Regulations  Page  27  which  also  provides  information  related  to  speed  and
maximum speed, without reasonable excuse, in the circumstances described.
The following link and excerpt from the Navigation and Safety Bylaws Wellington region is:
http://www.gw.govt.nz/assets/Our-Environment/Harbours/Bylaws-A4-format-for-website-with-
contents2011.pdf
3.2 Speed of vessels
3.2.1
No person may, without reasonable excuse, propel or navigate a vessel (including a vessel towing a
person or some object) at a proper speed exceeding 5 knots:
(a)  Within 50 metres of any other vessel, floating structure or person in the water; or
(b)  Either within 200 metres of the shore or of any structure, or on the inshore side of any buoy(s)
demarcating that distance from the shore or structure; or
(c)  Within 200 metres of any vessel or floating structure that is flying Flag A; or
(d)  When knowingly or deliberately approaching within 200 metres of a marine mammal.
3.2.2
No person may propel or navigate a powered vessel at a proper speed exceeding 5 knots while any
person has any portion of his or her body extending over the fore part, bow or side of that vessel.

3.2.7
Subclauses 3.2.1(b) and 3.2.2 shall not apply to a craft operated by a Surf Lifesaving Club affiliated
to Surf Lifesaving New Zealand, which is being operated in accordance with its Inflatable Rescue
Boat training policy that has been approved by the Director of Maritime New Zealand.
This is allowed for under Clause 3.2.7 of the Bylaw but only if: "the craft is operated .... in
accordance with the [clubs] Inflatable Rescue Boat training policy that has been approved by the
Director of Maritime NZ.
Although the above comment is not part of your request, Greater Wellington has contacted
Maritime New Zealand and has been advised that there are no approved policies or procedures in

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relation to SLSNZ that modify the need to comply with inshore speed limits.  It should be noted
that part 91.6 of the Maritime Rules effectively provides for speed limits to be exceeded with
reasonable excuse.
The link to Maritime Rules Part 91 is as follows:
https://www.maritimenz.govt.nz/rules/part-91/
So, I'd expect that your response to my request will include a copy of Titahi Bay's SLC training
policy, and the corresponding approval.
This part of your request is refused under section 17(g) Local Government Official Information and
Meetings Act 1987 as the information requested is not held by the local authority, and Greater
Wellington does not believe that the information is held by another local authority, a department,
a Minister of the Crown, or organisation.
However, as advised above, TBSLC is affiliated to SLSNZ and operates within their policies and
procedures.  Other resources available on the SLSNZ website can be found at the following link:
https://www.surflifesaving.org.nz/lifesaving/lifesaving-resources

If you have any concerns with the decision(s) referred to in this letter, you have the right to request
an investigation and review by the Ombudsman under section 27(3) of the Local Government Official
Information and Meetings Act 1987

Yours sincerely

Lucy Baker
Acting General Manager, Environment Group

Attachments

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