Maritime Rules
Part 91 – Navigation Safety Rules
Effective 4 September 2008
Maritime Rules
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ISBN 978-0-478-21642-4
Published by
Maritime New Zealand, PO Box 27006, Wellington 6141, New Zealand
Maritime New Zealand copyright 2008
Part 91 - Navigation Safety Rules
Disclaimer
This document is the current consolidated version of Maritime Rules Part 91 produced by
Maritime New Zealand, and serves as a reference only. It has been compiled from the official
rules that have been signed into law by the Minister of Transport. Copies of the official rule
and amendments as signed by the Minister of Transport may be downloaded from the
Maritime New Zealand website. Click Here
Maritime Rules
History of Part 91
This part first came into force on 21 March 2003 and now incorporates the following
amendments:
Amendment 1 Effective date
Maritime Rules Part 91 Amendment 2007 28 October 2007
Summary of amendments
91.2 – substituted definitions
91.2 – deleted definition “commercial vessel”
91.3(1) – amended subrule
91.4(8) – substituted subrule
91.17(a) – amended paragraph
Amendment 2 Effective date
Maritime Rules Part 91 Amendment No.2 10 January 2008
Summary of amendments
91.2 – inserted definitions
91.4(2)(f) – inserted paragraph (f)
91.4(9) & (10) – inserted new subrules
Amendment 3 Effective date
Maritime (Various Amendments) Rules 2008 (Part 20-91) 4 September 2008
Summary of amendments
91.2 – “Personal flotation device” definition amended
91.4(2)(c) – amended paragraph
91.4(4)(a) – amended paragraph
91.4(4)(a) – amended footnote 1
Part 91 - Navigation Safety Rules
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Contents
Part objective ii
Extent of consultation iii
Commencement iv
General 1
91.1 Entry into force 1
91.2 Definitions 1
91.3 Application 5
Operating requirements 5
91.4 Personal flotation devices 5
91.5 Minimum age for operating powered vessels 7
91.6 Speed of vessels 8
91.7 Wake 10
91.8 Lookouts on vessel used for water skiing and towing any person 10
91.9 Water skiing or towing between sunset and sunrise 10
91.10 Conduct in access lanes 11
91.11 Marking of access lanes 11
91.12 Reserved areas 11
91.13 Anchoring and obstructions 12
91.14 Damage to navigation aids 13
91.15 Distance from oil tankers or other vessels showing Flag B 13
91.16 Duty of master of a vessel under 500 gross tonnage 13
91.17 River safety rules 14
91.18 Flags 14
Administration 14
91.19 Temporary events 14
91.20 Permanent speed upliftings 15
91.21 Appointment of Safe Boating Advisors 16
91.22 Savings 16
Amendments to Part 22 17
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Part objective
Part 91 replaces the Water Recreation Regulations 1974. Part 91 continues the basic navigation
safety rules contained in those regulations with some modifications and additions to bring
the requirements up to date with modern boating conditions and safety expectations.
Part 91 introduces new requirements for the carriage of personal flotation devices (buoyancy
aids designed to be worn on the body) on pleasure craft. Provision is made for exemptions to
these requirements in restricted circumstances where compliance with the rule is impractical
or inappropriate. The rules also make the wearing of personal flotation devices mandatory in
some circumstances.
Part 91 also sets a standard for the required personal flotation devices. The standard is taken
from the New Zealand standard NZS 5823:2001. The rules propose that personal flotation
devices meeting other national or international standards substantially complying with the
New Zealand Standard may be accepted by the Director as complying with Part 91. This is
consistent with the policy applied to commercial ships. The intention of the rule in setting this
standard is to encourage compliance by facilitating choice and price competitiveness while
retaining an acceptable level of safety.
Part 91 also modifies and carries over some provisions from the General Harbour (Nautical
and Miscellaneous) Regulations 1968 in respect of anchoring and mooring, give way rules,
wakes and proximity to oil tankers and ships carrying dangerous goods.
A key object of Part 91 is to set basic national navigation standards. These in turn can be
enforced locally by regional councils through consistent navigation safety bylaws made
under the Local Government Act 1974. Regional variation is permitted in the navigation
safety bylaws through mechanisms prescribed in Part 91. Regional councils can address local
navigation safety issues through mechanisms such as temporary and permanent reserved
areas, access lanes and speed upliftings.
The basis for Part 91 is found in section 36(t) and (tb) of the Maritime Transport Act 1994.
Part 91 - Navigation Safety Rules
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Extent of consultation
To establish consistency of navigation safety bylaws around the country, a sub group of the
Harbourmasters Special Interest Group was formed in 2000. This group co-ordinated the
drafting of a set of model navigation safety bylaws. The Maritime Safety Authority
participated in this group and the Invitation to Comment for Part 91 was based on the model
bylaws that resulted from this process.
On 15 December 2001 the Maritime Safety Authority published in each of the daily
newspapers in the four main centres of New Zealand a notice inviting comments on the
proposed Part 91. A notice was also published in the New Zealand Gazette on 13 December
2001. The Authority then made its Invitation to Comment and draft Part 91 available to the
public with 310 copies being sent automatically to interested parties. Comments on the Part
were requested to be made by 15 March 2002.
Ninety six written submissions were received on Part 91. All submissions and any verbal
comments were considered, and where appropriate, the proposed rules were amended to
take account of the comments made.
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Commencement
Part 91 as amended was referred to and signed by the Minister of Transport.
Part 91 comes into force 28 days after notification in the Gazette.
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21 March 2003 1
General
91.1 Entry into force
Part 91 comes into force 28 days after notification in the Gazette.
91.2 Definitions
In these rules, unless the context otherwise requires:
“Access lane” means an access lane referred to in rule 91.22(1) or an area
designated as an access lane by a regional council pursuant to navigation
bylaws:
“Commercial raft” means a raft that is not a pleasure craft:
“Director” means the Director Maritime New Zealand appointed under
section 439 of the Maritime Transport Act 1994:
“Explosive” means and explosive or an authorised explosive as defined in
section 222 of the Hazardous Substances and New Organisms Act 1996, other
than explosives of the first division of the sixth (ammunition) class or the
third division of the seventh (firework) class as defined in Schedule 7 or the
Hazardous Substances and New Organisms Act 1996:
“Fishing vessel” means a ship used for catching fish, whales, seals, or other
living resources of the sea for profit; and includes a ship that is recognised by
the Director as being engaged in fisheries research:
“Flag A” means flag A of the International Code of Signals (the divers flag)
being a swallow tailed flag, or a rigid equivalent, coloured in white and blue
with white to the mast, of not less than 600mm by 600mm:
“Flag B” means the flag B of the International Code of Signals being a
swallow tailed flag, or a rigid equivalent, coloured in red, of not less than
600mm by 600mm:
“Habourmaster” means a person appointed as harbourmaster pursuant to
the Harbours Acts 1950 or the Local Government Act 1974:
“Internal waters” means the internal waters of New Zealand as defined by
section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977:
“Length” in relation to a vessel, means length overall:
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“Master” means any person (except a pilot) having command or charge of a
vessel:
“Navigate” means the act or process of managing or directing the course of a
vessel on, through, over, or under the water:
“New Zealand waters” means –
(a) the territorial sea of New Zealand; and
(b) the internal waters of New Zealand; and
(c) all rivers and other inland waters of New Zealand:
“On the surface of the water” in respect of a seaplane that is taking off from,
or alighting on the water, means the seaplane is in contact with the water
surface:
“Owner”, –
(a) in relation to a ship registered in New Zealand under the Ship
Registration Act 1992, means the registered owner of the ship:
(b) in relation to a ship registered in any place outside New Zealand,
means the registered owner of the ship:
(c) in relation to a fishing ship, other than one to which paragraph (a) or
paragraph (b) of this definition applies, means the person registered
as the owner under section 57 of the Fisheries Act 1983:
(d) in relation to a ship to which paragraph (a) or paragraph (b) or
paragraph (c) of this definition applies, where, by virtue of any
charter or demise or for any other reason, the registered owner is not
responsible for the management of the ship, includes the charterer or
other person who is for the time being so responsible:
(e) in relation to an unregistered ship or a registered ship that does not
have a registered owner, means the person who is for the time being
responsible for the management of the ship:
“Paddle craft” means powered only by a craft’s occupant(s) using a single or
double bladed paddle as a lever without the aid of a fulcrum provided by
rowlocks, thole pins, crutches or like arrangements, but does not include a
raft manoeuvred solely by paddles:
“Person in charge of a vessel” means the master:
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“Personal flotation device” means any serviceable buoyancy aid that is
designed to be worn on the body and that is certified but a recognised
authority as meeting –
(a) type 401, 402, 403, 404, 405, or 408 in NZ Standard 5823:1989 or NZ
Standard 5823:2001 or type 401, 402, 403, 404, 405 or 406 in NZ
Standard 5823:2005; or
(b) a national or international standard that the Director is satisfied
substantially complies with types 401, 402, 403, 404, 405, or 408 of the
NZ Standard 5823:1989 or NZ Standard 5823:2001 or type 401, 402,
403, 404, 405 or 406 in NZ Standard 5823:2005:
”Pleasure craft” means a vessel that is used exclusively for the owner’s
pleasure or as the owner’s residence, and is not offered or used for hire or
reward; but does not include –
(a) a vessel that is provided for the transport or sport or recreation by or
on behalf of any institution, hotel, motel, place of entertainment, or
other establishment or business:
(b) a vessel that is used on any voyage for pleasure if it is normally used
or intended to be normally used as fishing vessel or for the carriage
of passengers or cargo for hire or reward:
(c) a vessel that is operated or provided by any club, incorporated
society, trust, or business:
“Power-driven vessel” means any vessel propelled by machinery:
“Proper speed” means speed through the water:
“Publicly notify” means to publish a notice in one or more daily newspapers
circulating in the region the waters of which are subject to an application
under rule 91.19 or rule 91.20:
“Raft”
(a) means an inflatable craft manoeuvred by –
(i) oars or paddles; or
(ii) a combination of oars and paddles; but
(b) does not include inflatable kayaks, white water sledges, tubes, or
equipment used for river surfing:
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“Recognised authority” means an authority that the Director considers is
competent to certify a personal flotation device’s compliance with a standard:
“Recreational craft” means a vessel that is –
(a) a pleasure craft; or
(b) solely powered manually; or
(c) solely powered by sail:
“Regional council” has the meaning given to the term “regional council” in
section 2 of the Local Government Act 1974; and includes any territorial
authority referred to in section 16(1) of the Local Government Amendment
(No.2) 1999:
“Reserved area” means a permanently reserved area referred to in rule
91.22(2) or an area of water reserved by a regional council by navigation
bylaw for a specified navigation safety purpose:
“Reward” means the payment to or for the benefit of the owner or master of
a vessel, of a contribution towards the expenses of a voyage by or on behalf
of persons; but does not include payment of any contributions by part
owners of the vessel or by persons engaged as bona fide crew members:
“River” includes a stream and any modified or artificial watercourse; but
does not include any part of a river within the ebb and flow of the tide at
ordinary spring tides:
“Structure” means any building, equipment, device, or other facility made by
people and which is fixed to land:
“Support vessel” means any vessel used for coaching, marshalling and
rescue attendance for training, regattas and competitions:
“Territorial sea” means the territorial sea of New Zealand as defined by
section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic
Zone Act 1977:
“Vessel” means every description of boat or craft used in navigation,
whether or not is has any means of propulsion; and includes –
(a) a barge, lighter, or other like vessel:
(b) a hovercraft or other thing deriving full or partial support in the
atmosphere from the reaction of air against the surface of the water
over which it operates:
Part 91 - Navigation Safety Rules
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(c) a submarine or other submersible:
(d) a seaplane while it is on the surface of the water.
91.3 Application
(1) Rules 91.4(3), 91.5(4) and 91.21 apply everywhere in New Zealand waters.
(2) The rest of Part 91 applies to –
(a) areas that are not subject to navigation bylaws; and
(b) regions where navigation bylaws are in force, if the bylaws are
inconsistent with Part 91, in which case the bylaws shall be construed
subject to Part 91.
(3) Part 91 shall not apply to navigable waters subject to navigation bylaws in
the manner specified in rules 91.3(2)(b) until 31 March 2004.
Operating requirements
91.4 Personal flotation devices
(1) No person in charge of a recreational craft may use it unless there are on
board at the time of use, and in a readily accessible location, sufficient
personal flotation devices of an appropriate size for each person on board.
(2) Rule 91.4(1) and (6) shall not apply to –
(a) any surfboard or similar unpowered craft; and
(b) any sailboarder or windsurfer, if a wetsuit is worn at all times; and
(c) a diver on a boat of 6 metres or less in length overall that is used for
recreational diving within 5 miles of shore, if a full body wetsuit is
worn at all times; and
(d) a person training for or participating in a sporting event, if the
training or the event is supervised in accordance with the safety
system of a national sporting organisation approved by the Director;
and
(e) a member of a visiting foreign watersports team, if the person carries
or wears a personal flotation device that is approved by the
competent authority for use in that person’s country of residence.
(f) a commercial raft.
(3) The Director may approve a national sporting organisation for the purposes
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of rule 91.4(2)(d) if that organisation has in place a safety system that the
Director is satisfied provides and equivalent level of safety to the carriage or
wearing of personal floatation devices.
(4) Subject to rule 91.4(5), rule 91.4(1) shall not apply in respect of any sporting
event, training activity or ceremonial event if a support vessel that is capable
of proving adequate assistance in the event of an emergency remains in the
immediate vicinity of the recreational craft and the recreational craft or
support vessel or both carry personal flotation devices or buoyancy aids of an
appropriate size for each person on board the recreational craft.
In this rule buoyancy aid means –
(a) a buoyancy aid as defined in NZ Standard 5823:1989 or NZ Standard
5823:2001 or NZS 5823:20051; or
(b) a buoyancy aid that the Director is satisfied substantially complies
with the standard prescribed in paragraph (a) and that provides a
minimum of 53 newtons of buoyancy.
(5) Rule 91.4(1) and (6) shall not apply in respect of any sporting event, training
activity, ceremonial event, or other organised recreational activity if the
regional council with jurisdiction for the applicable region has granted an
exemption in writing. A regional council may grant an exemption for
specified period if the regional council is satisfied that adequate safety
precautions are made for rescuing any person participating in the event or
activity.
(6) Despite rule 91.4(4), no person in charge of a recreational craft may use that
craft in circumstances where tides, river flows, visibility, rough seas, adverse
weather, emergencies or other situations cause danger or a risk to the safety
of person on board, unless ever person on board is wearing a properly
secured personal flotation device of an appropriate size for that person.
(7) No person in charge of a vessel may use it to tow any person and no person
may cause himself or herself to be towed by any vessel, unless the person
being towed wears a properly secured personal flotation device of an
appropriate size for that person.
(8) Rule 91.4(7) does not apply to –
(a) persons training for any trick water skiing element of a sporting
1 NZS 5823:1989 and NZS 5823:2001 and NZS 5823:2005 define a buoyancy aid as any device designed to assist a
person to remain afloat in water until rescue is effected. Any type of buoyancy aid categorised in the Standard meets
the requirements of this rule.
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event administered by a national sporting organisation approved
under rule 91.4(3); or
(b) persons participating in a sporting event that is administered by a
national sporting organisation approved under rule 91.4(3); or
(c) towing at a speed of less than 5 knots.
(9) For the purposes of subrules (1) and (6), in the case of a paddle craft, a
personal flotation device shall include a buoyancy aid not certified by a
recognised authority, provided that buoyancy aid –
(a) meets type 406 of New Zealand Standard NZS 5823:2005 as
demonstrated by prototype testing, except that the device is not
required to –
(i) be tested for resistance to petroleum; and
(ii) meet the colour requirements; and
(b) is manufactured in accordance with a quality system acceptable to
the Director that ensures product conformity to that standard; and
(c) is legibly and indelibly marked in block letters not less than 6mm
high “MARTIME PRODUCT CONFORMING TO THE
REQUIREMENTS OF MARITIME RULES PART 91. RESTRICTED
USE: PADDLE CRAFT APPLICATIONS ONLY”.
(10) In the case of a paddle craft, a serviceable buoyancy aid not certified by a
recognised authority and not meeting the requirements of rule 91.4(9), may
be used for the purposes of subrules (1) and (6) until –
(a) 1 October 2014 in the case of a pleasure craft; and
(b) 1 October 2011 in the case of a craft other than a pleasure craft.
91.5 Minimum age for operating power driven vessels
(1) No person under the age of 15 years shall be in charge of, or propel or
navigate, a power driven vessel that is capable of a proper speed exceeding
10 knots unless he or she is under the direct supervision of a person over the
age of 15 years who is in immediate reach of the controls.
(2) The owner of a power driven vessel that is capable of a proper speed
exceeding 10 knots must not allow any person who is under the age of 15
years to be in charge of or propel or navigate that vessel, unless he or she is
under the direct supervision of a person over the age of 15 years who is in
immediate reach of the controls.
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(3) Rule 91.5(1) and (2) does not apply in respect of any person who has a
written exemption from a regional council issued in accordance with a
navigation bylaw or from the Director.
(4) The Director may issue an exemption in accordance with section 47 of the Act
that is valid for any specified place or places to a person under the age of 15
years for transport, training, competitions or other sporting events, if the
Director –
(a) considers that the person –
(i) is competent to propel or navigate a power driven vessel at a
proper speed exceeding 10 knots; and
(ii) is aware of relevant navigation safety rules and navigation
bylaws; and
(iii) will be under adequate supervision during the proposed
activity or activities; and
(b) consults with the relevant regional council and notifies the council of
the decision to issue the exemption.
91.6 Speed of vessels
(1) No person may, without reasonable excuse, propel or navigate a vessel
(including a vessel towing a person or an object) at a proper speed exceeding
5 knots:
(a) within 50 metres of any other vessel, raft, or person in the water; or
(b) within 200 metres of the shore or of any structure; or
(c) within 200 metres of any vessel or raft that is flying Flag A of the
International Code of Signals (divers flag).
(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) No person may cause himself or herself to be towed by a vessel (whether or
not on a water ski, aquaplane, or other similar object) at a proper speed
exceeding 5 knots in any circumstances specified in rule 91.6(1).
(4) No person in charge of a vessel may permit the vessel to continue onwards,
after any person being towed by that vessel has dropped (whether
Part 91 - Navigation Safety Rules
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accidentally or otherwise) any water ski or similar object which may cause
danger to any other person or vessel, without first taking appropriate action
to immediately recover that water ski or similar object, unless the person has
taken measures adequate to ensure that the dropped ski or similar object is
clearly visible to other water users.
(5) Rule 91.6(1)(a) shall not apply to:
(a) a vessel over 500 gross tonnage, if the vessel cannot be safely
navigated in compliance with this clause; or
(b) a vessel powered by sail in relation to any other vessel powered by
sail, while the vessels are participating in a yacht race or training
administered by –
(i) a club affiliated to Yachting New Zealand; or
(ii) a non profit organisation involved in sail training or racing;
or
(c) a craft training for or participating in competitive rowing or
paddling; or
(d) a tug, pilot vessel, harbourmaster vessel, emergency response craft or
police vessel, if the vessel's duties cannot be performed in
compliance with this clause; or
(e) a vessel operating in accordance with a speed uplifting –
(i) established under rule 91.19; or
(ii) established under rule 91.20; or
(iii) continued by rule 91.22; or
(iv) established for any river by navigation bylaw.
(6) Rule 91.6(1)(b) shall not apply to:
(a) a vessel operating in an access lane or a reserved area for the purpose
for which the access lane or reserved area was declared, unless, in the
case of a reserved area, a navigation bylaw provides otherwise; or
(b) a vessel operating in accordance with a speed uplifting –
(i) established under rule 91.19; or
(ii) established under rule 91.20; or
(iii) continued by rule 91.22; or
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(iv) established for inland waters by navigation bylaw; or
(c) a vessel over 500 gross tonnage, if the vessel cannot be safely
navigated in compliance with this clause; or
(d) a craft training for or participating in competitive rowing or
paddling; or
(e) a tug, pilot vessel, harbourmaster vessel, emergency response craft or
police vessel when the vessel's duties cannot be performed in
compliance with this clause.
91.7 Wake
Subject to rule 91.6, every person who propels or navigates a recreational
craft must ensure that its wake does not cause unnecessary danger or risk of
damage to other vessels, or structures, or of harm to other persons.
91.8 Lookouts on vessel used for water skiing or towing any person
(1) No person in charge of a vessel may use it to tow any person at a speed
exceeding 5 knots unless at least one other person is on board who is –
(a) 10 years of age or older; and
(b) responsible for immediately notifying the person in charge of every
mishap that occurs to the person who is being towed.
(2) No person may cause himself or herself to be towed by any vessel at a speed
exceeding 5 knots unless at least one other person is on board who is –
(a) 10 years of age or older; and
(b) responsible for immediately notifying the person in charge of every
mishap that occurs to the person who is being towed.
91.9 Water skiing or towing between sunset and sunrise
(1) No person may operate, between sunset and sunrise2, a vessel that is towing
any person on water skis, an aquaplane, surfboard, or similar object, or who
is barefoot skiing, or who is on a paraglider or similar object.
(2) No person may cause himself or herself to be towed in the circumstances
described in rule 91.9(1).
2 The times for sunset and sunrise can be found in the current edition of the New Zealand Nautical Almanac.
Part 91 - Navigation Safety Rules
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91.10 Conduct in access lanes
(1) No person may propel, navigate, or manoeuvre a vessel in an access lane for
the purpose for which it is declared except by the most direct route through
the access lane and on that side of the access lane that lies to the starboard
(right) side of the vessel.
(2) No person may –
(a) while being towed by a vessel in an access lane, cause himself or
herself or any water ski, aquaplane or other similar object, on or by
which he or she is being towed; or
(b) cause any object that is being towed by a vessel in an access lane;
to travel other than by the most direct route through the access lane and on
that side of the access lane that lies to the starboard (right) side of the vessel.
(3) No person within an access lane may proceed in a manner that is dangerous
in relation to any vessel or other person in the access lane.
(4) No person may obstruct any other person while that other person is using an
access lane for the purpose for which it has been declared.
(5) If one or more persons are using an access lane for the purpose for which it is
declared, no person may enter, remain in or use the lane for any other
purpose.
91.11 Marking of access lanes
Where an access lane is defined by bylaws, the applicable regional council
must ensure that –
(a) the access lane is demarcated on shore by orange posts with
horizontal black bands; and
(b) if the access lane is marked at its outer edge, it is marked by orange
buoys with black bands; and
(c) an adequate sign or signs are provided in the vicinity of the access
lane that declare the purpose of that lane.
91.12 Reserved areas
(1) No person may obstruct any other person while that other person is using a
reserved area for the purpose for which it is reserved.
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(2) If any person is using a reserved area for the purpose for which it is reserved,
no other person may enter, remain in or use the area for any other purpose.
(3) Where a reserved area is defined by bylaws, the regional council must ensure
that –
(a) adequate signs are provided in the vicinity of the area that –
(i) define the area; and
(ii) declare the purpose for which the area has been reserved;
and
(b) if the reserved area is demarcated on shore, it is marked by black
posts with white horizontal bands; and
(c) if the reserved area is marked at sea it is marked by black buoys with
white bands.
91.13 Anchoring and obstructions
(1) No person may anchor a vessel so as to –
(a) obstruct the passage of other vessels or obstruct the approach to any
wharf, pier or jetty; or
(b) create a hazard to other vessels at anchor.
(2) When a vessel is moored in a dock or alongside a wharf or other landing
place, the owner or master must ensure that –
(a) the vessel is securely fastened to the dock, wharf or landing place;
and
(b) an adequate and safe means of access to the vessel is provided that is
properly installed, secured, and adjusted to suit any tidal conditions.
(3) No person may place any obstruction, including any fishing apparatus, in
any waters that is likely to –
(a) restrict navigation; or
(b) cause injury or death to any person; or
(c) cause damage to any vessel or any property.
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91.14 Damage to navigation aids
(1) No person may tie a vessel to any aid to navigation without the written
permission of –
(a) if the aid to navigation is operated by a local authority or port
company, the harbourmaster; or
(b) if the aid to navigation is operated by the Maritime Safety Authority,
the Director.
(2) No person may damage, remove, deface or otherwise interfere with an aid to
navigation.
91.15 Distance from vessels showing flag B and defence premises
Where possible, the master of a vessel must not allow that vessel to
approach within 200 metres of –
(a) an oil tanker or any other vessel that is showing flag B by day or a
red all round light by night; or
(b) any wharf, quay, pier, jetty, or premises belonging to the Crown
erected or used in connection with defence works or defence
purposes under the Defence Act 1990, unless –
(i) a different distance is prescribed in respect of the wharf,
quay, pier, jetty or premises by the New Zealand Defence
Force; or
(ii) the master is authorised to approach within 200 metres by
the Defence Officer in charge of the wharf, quay, pier, jetty or
premises.
91.16 Duty of master of a vessel under 500 gross tonnage
(1) The master of a vessel under 500 gross tonnage must not allow the vessel to
impede the navigation of any vessel of 500 gross tonnage3 or more if the
vessels are in a harbour area.
(2) For the purposes of this rule a harbour area is an area defined as such in
bylaws. If a regional council defines a harbour area in bylaws, the council
must inform Land Information New Zealand of the defined area so that it
may be marked on any applicable nautical chart.
3 A vessel over 500 gross tonnage is likely to be over 50 m in length overall.
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91.17 River safety rules
A person in charge of a vessel on a river must –
(a) ensure that the vessel keeps to the starboard (right) side of the river
channel; and
(b) if going upstream, give way to any vessel coming downstream; and
(c) not operate the vessel unless river and weather conditions permit
safe operation of the vessel.
91.18 Flags and signals
(1) The master of any vessel that has on board, or who intends to load or unload,
27 kilograms or more of explosives in a harbour area as defined in rule
91.16(2) must display code Flag B by day and an all round red light at the
masthead or where it can best be seen by night.
(2) The master of any tanker in a harbour area as defined in rule 91.16(2) must
display code Flag B by day and an all round red light at the masthead or
where it can best be seen by night.
(3) Every person diving from a vessel must ensure that flag A is displayed in
such a manner that it can be clearly identified by the watchkeeper of another
vessel at a distance in excess of 200 metres.
(4) The master of every vessel from which dive operations are in progress must
ensure that flag A is displayed in such a manner that it can be clearly
identified by the watchkeeper of another vessel at a distance in excess of 200
metres.
Administration
91.19 Temporary events
(1) Any person intending to conduct a race, speed trial, competition or other
organised water activity in an area where navigation bylaws do not apply
may apply to the Director –
(a) to temporarily suspend the application of any part of rule 91.6
during the conduct of the race, speed trial, competition or other
organised water activity; and
(b) to temporarily reserve the area for the purpose of that activity.
28 June 2007
Part 91 - Navigation Safety Rules
21 March 2003 15
(2) If the Director is satisfied that an application may be granted without
endangering the public, and that any consultation with affected parties that
the Director considers necessary has been undertaken, he or she may grant
the application for a specified period or periods and subject to such
conditions as he or she may specify in the interests of maritime safety.
(3) No grant of an application under rule 91.19(2) shall have effect unless, not
less than 7 days or more than 14 days before the commencement of the
activity, the applicant publicly notifies the period of the activity and details
of the suspension or reserved area.4
91.20 Permanent speed upliftings
(1) A person may apply to have any speed limit prescribed in rule 91.6 or
navigation bylaws uplifted from waters specified in the application –
(a) where navigation bylaws are in force, by application in writing to the
appropriate regional council; and
(b) where navigation bylaws are not in force, by application in writing to
the Director.
(2) An application under rule 91.20(1) must not be granted unless the regional
council or the Director, as applicable, is satisfied that –
(a) the application has been publicly notified; and
(b) affected persons have had reasonable opportunity to comment on the
application; and
(c) the applicant has provided evidence of the consultation undertaken
with affected persons and any navigation safety concerns arising
from the consultation process and any measures taken to address the
concerns raised; and
(d) uplifting the speed limit will not unacceptably increase the risk to
navigation safety or endanger persons using the waters that are the
subject of the application.
(3) A regional council must consult with the Director before granting any
application made under rule 91.20(1)(a) and must notify the Director when it
grants such an application. Any application granted under rule 91.20(1) must
be publicly notified and notified in the Gazette as soon as practicable after it
is granted.
4 Local Authority permits may also be required for land use associated with the temporary speed uplifting.
Maritime Rules
16 21 March 2003
(4) The Director may grant an application in accordance with rule 91.20(2) for a
specified period or periods and subject to such conditions as he or she may
specify in the interests of maritime safety.
91.21 Appointment of Safe Boating Advisors
(1) The Director may appoint a person as a Safe Boa ting Advisor for the purpose
of promoting safety awareness on recreational craft if the Director is satisfied
that the person –
(a) (i) was appointed as an Honorary Launch Warden under
regulation 3 of the Water Recreation Regulations 1979; or
(ii) holds a Boatmaster Certificate issued by the Coastguard
Boating Education Service or a qualification that the Director
considers is equivalent to that certificate; and
(b) has a minimum of 5 years recreational craft experience that is
acceptable to the Director.
(2) The Director may appoint a Safe Boating Advisor subject to such conditions
as the Director considers necessary in the interests of maritime safety, which
shall include the areas within which the Safe Boating Advisor may perform
his or her function.
(3) The Director may revoke the appointment of a person under rule 91.21(1) by
notice in writing. The notice must include the grounds for revocation and the
grounds must be reasonable.
91.22 Savings
(1) Any access lane designated under regulation 10 of the Water Recreation
Regulations 1979 that was in force on the day before Part 91 came into force is
an access lane for the purposes of Part 91 unless a navigation bylaw or rule in
a plan made under the Resource Management Act 1994 amends or revokes
that designation.
(2) Any area reserved under regulation 18 of the Water Recreation Regulations
1979 that was in force on the day before Part 91 came into force is a reserved
area for the purposes of Part 91 unless a navigation bylaw or rule in a plan
made under the Resource Management Act 1991 amends or revokes that
designation.
(3) Any waters not subject to a speed limit of 5 knots by virtue of a notice in the
Gazette made in accordance with regulation 20 of the Water Recreation
Part 91 - Navigation Safety Rules
21 March 2003 17
Regulations 1979 on the date before Part 91 came into force are not subject to
the speed limit specified in rule 91.6 and are subject to any conditions that
were specified in the applicable Gazette notice unless a navigation bylaw or
rule in a plan made under the Resource Management Act 1994 amends or
revokes that designation.
Amendments to Part 22
Rule 22.3 Application
Amend rule 22.3 by adding the following new paragraph (4):
"(4) Nothing in this Part applies to a vessel participating in a race or training
or coaching in relation to other vessels participating in such an activity,
if the participants have agreed to comply with the International Sailing
Federation Rules, prescribed by the International Sailing Federation."
Rule 22.18 Responsibilities between vessels
Amend rule 22.18(1) by revoking subparagraph (d) and substituting the
following new subparagraph (d):
"(d) a sailing vessel or a vessel under oars:"
Rule 22.30 Anchored vessels and vessels aground
Amend rule 22.30(3) by deleting the words "light or".
Part 91 – Navigation Safety Rules
Effective 4 September 2008
Maritime Rules
PDF Copy Click Here
ISBN 978-0-478-21642-4
Published by
Maritime New Zealand, PO Box 27006, Wellington 6141, New Zealand
Maritime New Zealand copyright 2008
Part 91 - Navigation Safety Rules
Disclaimer
This document is the current consolidated version of Maritime Rules Part 91 produced by
Maritime New Zealand, and serves as a reference only. It has been compiled from the official
rules that have been signed into law by the Minister of Transport. Copies of the official rule
and amendments as signed by the Minister of Transport may be downloaded from the
Maritime New Zealand website. Click Here
Maritime Rules
History of Part 91
This part first came into force on 21 March 2003 and now incorporates the following
amendments:
Amendment 1 Effective date
Maritime Rules Part 91 Amendment 2007 28 October 2007
Summary of amendments
91.2 – substituted definitions
91.2 – deleted definition “commercial vessel”
91.3(1) – amended subrule
91.4(8) – substituted subrule
91.17(a) – amended paragraph
Amendment 2 Effective date
Maritime Rules Part 91 Amendment No.2 10 January 2008
Summary of amendments
91.2 – inserted definitions
91.4(2)(f) – inserted paragraph (f)
91.4(9) & (10) – inserted new subrules
Amendment 3 Effective date
Maritime (Various Amendments) Rules 2008 (Part 20-91) 4 September 2008
Summary of amendments
91.2 – “Personal flotation device” definition amended
91.4(2)(c) – amended paragraph
91.4(4)(a) – amended paragraph
91.4(4)(a) – amended footnote 1
Part 91 - Navigation Safety Rules
i
Contents
Part objective ii
Extent of consultation iii
Commencement iv
General 1
91.1 Entry into force 1
91.2 Definitions 1
91.3 Application 5
Operating requirements 5
91.4 Personal flotation devices 5
91.5 Minimum age for operating powered vessels 7
91.6 Speed of vessels 8
91.7 Wake 10
91.8 Lookouts on vessel used for water skiing and towing any person 10
91.9 Water skiing or towing between sunset and sunrise 10
91.10 Conduct in access lanes 11
91.11 Marking of access lanes 11
91.12 Reserved areas 11
91.13 Anchoring and obstructions 12
91.14 Damage to navigation aids 13
91.15 Distance from oil tankers or other vessels showing Flag B 13
91.16 Duty of master of a vessel under 500 gross tonnage 13
91.17 River safety rules 14
91.18 Flags 14
Administration 14
91.19 Temporary events 14
91.20 Permanent speed upliftings 15
91.21 Appointment of Safe Boating Advisors 16
91.22 Savings 16
Amendments to Part 22 17
Maritime Rules
ii
Part objective
Part 91 replaces the Water Recreation Regulations 1974. Part 91 continues the basic navigation
safety rules contained in those regulations with some modifications and additions to bring
the requirements up to date with modern boating conditions and safety expectations.
Part 91 introduces new requirements for the carriage of personal flotation devices (buoyancy
aids designed to be worn on the body) on pleasure craft. Provision is made for exemptions to
these requirements in restricted circumstances where compliance with the rule is impractical
or inappropriate. The rules also make the wearing of personal flotation devices mandatory in
some circumstances.
Part 91 also sets a standard for the required personal flotation devices. The standard is taken
from the New Zealand standard NZS 5823:2001. The rules propose that personal flotation
devices meeting other national or international standards substantially complying with the
New Zealand Standard may be accepted by the Director as complying with Part 91. This is
consistent with the policy applied to commercial ships. The intention of the rule in setting this
standard is to encourage compliance by facilitating choice and price competitiveness while
retaining an acceptable level of safety.
Part 91 also modifies and carries over some provisions from the General Harbour (Nautical
and Miscellaneous) Regulations 1968 in respect of anchoring and mooring, give way rules,
wakes and proximity to oil tankers and ships carrying dangerous goods.
A key object of Part 91 is to set basic national navigation standards. These in turn can be
enforced locally by regional councils through consistent navigation safety bylaws made
under the Local Government Act 1974. Regional variation is permitted in the navigation
safety bylaws through mechanisms prescribed in Part 91. Regional councils can address local
navigation safety issues through mechanisms such as temporary and permanent reserved
areas, access lanes and speed upliftings.
The basis for Part 91 is found in section 36(t) and (tb) of the Maritime Transport Act 1994.
Part 91 - Navigation Safety Rules
iii
Extent of consultation
To establish consistency of navigation safety bylaws around the country, a sub group of the
Harbourmasters Special Interest Group was formed in 2000. This group co-ordinated the
drafting of a set of model navigation safety bylaws. The Maritime Safety Authority
participated in this group and the Invitation to Comment for Part 91 was based on the model
bylaws that resulted from this process.
On 15 December 2001 the Maritime Safety Authority published in each of the daily
newspapers in the four main centres of New Zealand a notice inviting comments on the
proposed Part 91. A notice was also published in the New Zealand Gazette on 13 December
2001. The Authority then made its Invitation to Comment and draft Part 91 available to the
public with 310 copies being sent automatically to interested parties. Comments on the Part
were requested to be made by 15 March 2002.
Ninety six written submissions were received on Part 91. All submissions and any verbal
comments were considered, and where appropriate, the proposed rules were amended to
take account of the comments made.
Maritime Rules
iv
Commencement
Part 91 as amended was referred to and signed by the Minister of Transport.
Part 91 comes into force 28 days after notification in the Gazette.
Part 91 - Navigation Safety Rules
21 March 2003 1
General
91.1 Entry into force
Part 91 comes into force 28 days after notification in the Gazette.
91.2 Definitions
In these rules, unless the context otherwise requires:
“Access lane” means an access lane referred to in rule 91.22(1) or an area
designated as an access lane by a regional council pursuant to navigation
bylaws:
“Commercial raft” means a raft that is not a pleasure craft:
“Director” means the Director Maritime New Zealand appointed under
section 439 of the Maritime Transport Act 1994:
“Explosive” means and explosive or an authorised explosive as defined in
section 222 of the Hazardous Substances and New Organisms Act 1996, other
than explosives of the first division of the sixth (ammunition) class or the
third division of the seventh (firework) class as defined in Schedule 7 or the
Hazardous Substances and New Organisms Act 1996:
“Fishing vessel” means a ship used for catching fish, whales, seals, or other
living resources of the sea for profit; and includes a ship that is recognised by
the Director as being engaged in fisheries research:
“Flag A” means flag A of the International Code of Signals (the divers flag)
being a swallow tailed flag, or a rigid equivalent, coloured in white and blue
with white to the mast, of not less than 600mm by 600mm:
“Flag B” means the flag B of the International Code of Signals being a
swallow tailed flag, or a rigid equivalent, coloured in red, of not less than
600mm by 600mm:
“Habourmaster” means a person appointed as harbourmaster pursuant to
the Harbours Acts 1950 or the Local Government Act 1974:
“Internal waters” means the internal waters of New Zealand as defined by
section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977:
“Length” in relation to a vessel, means length overall:
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2 21 March 2003
“Master” means any person (except a pilot) having command or charge of a
vessel:
“Navigate” means the act or process of managing or directing the course of a
vessel on, through, over, or under the water:
“New Zealand waters” means –
(a) the territorial sea of New Zealand; and
(b) the internal waters of New Zealand; and
(c) all rivers and other inland waters of New Zealand:
“On the surface of the water” in respect of a seaplane that is taking off from,
or alighting on the water, means the seaplane is in contact with the water
surface:
“Owner”, –
(a) in relation to a ship registered in New Zealand under the Ship
Registration Act 1992, means the registered owner of the ship:
(b) in relation to a ship registered in any place outside New Zealand,
means the registered owner of the ship:
(c) in relation to a fishing ship, other than one to which paragraph (a) or
paragraph (b) of this definition applies, means the person registered
as the owner under section 57 of the Fisheries Act 1983:
(d) in relation to a ship to which paragraph (a) or paragraph (b) or
paragraph (c) of this definition applies, where, by virtue of any
charter or demise or for any other reason, the registered owner is not
responsible for the management of the ship, includes the charterer or
other person who is for the time being so responsible:
(e) in relation to an unregistered ship or a registered ship that does not
have a registered owner, means the person who is for the time being
responsible for the management of the ship:
“Paddle craft” means powered only by a craft’s occupant(s) using a single or
double bladed paddle as a lever without the aid of a fulcrum provided by
rowlocks, thole pins, crutches or like arrangements, but does not include a
raft manoeuvred solely by paddles:
“Person in charge of a vessel” means the master:
10 January 2008
Part 91 - Navigation Safety Rules
21 March 2003 3
“Personal flotation device” means any serviceable buoyancy aid that is
designed to be worn on the body and that is certified but a recognised
authority as meeting –
(a) type 401, 402, 403, 404, 405, or 408 in NZ Standard 5823:1989 or NZ
Standard 5823:2001 or type 401, 402, 403, 404, 405 or 406 in NZ
Standard 5823:2005; or
(b) a national or international standard that the Director is satisfied
substantially complies with types 401, 402, 403, 404, 405, or 408 of the
NZ Standard 5823:1989 or NZ Standard 5823:2001 or type 401, 402,
403, 404, 405 or 406 in NZ Standard 5823:2005:
”Pleasure craft” means a vessel that is used exclusively for the owner’s
pleasure or as the owner’s residence, and is not offered or used for hire or
reward; but does not include –
(a) a vessel that is provided for the transport or sport or recreation by or
on behalf of any institution, hotel, motel, place of entertainment, or
other establishment or business:
(b) a vessel that is used on any voyage for pleasure if it is normally used
or intended to be normally used as fishing vessel or for the carriage
of passengers or cargo for hire or reward:
(c) a vessel that is operated or provided by any club, incorporated
society, trust, or business:
“Power-driven vessel” means any vessel propelled by machinery:
“Proper speed” means speed through the water:
“Publicly notify” means to publish a notice in one or more daily newspapers
circulating in the region the waters of which are subject to an application
under rule 91.19 or rule 91.20:
“Raft”
(a) means an inflatable craft manoeuvred by –
(i) oars or paddles; or
(ii) a combination of oars and paddles; but
(b) does not include inflatable kayaks, white water sledges, tubes, or
equipment used for river surfing:
4 September 2008
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4 21 March 2003
“Recognised authority” means an authority that the Director considers is
competent to certify a personal flotation device’s compliance with a standard:
“Recreational craft” means a vessel that is –
(a) a pleasure craft; or
(b) solely powered manually; or
(c) solely powered by sail:
“Regional council” has the meaning given to the term “regional council” in
section 2 of the Local Government Act 1974; and includes any territorial
authority referred to in section 16(1) of the Local Government Amendment
(No.2) 1999:
“Reserved area” means a permanently reserved area referred to in rule
91.22(2) or an area of water reserved by a regional council by navigation
bylaw for a specified navigation safety purpose:
“Reward” means the payment to or for the benefit of the owner or master of
a vessel, of a contribution towards the expenses of a voyage by or on behalf
of persons; but does not include payment of any contributions by part
owners of the vessel or by persons engaged as bona fide crew members:
“River” includes a stream and any modified or artificial watercourse; but
does not include any part of a river within the ebb and flow of the tide at
ordinary spring tides:
“Structure” means any building, equipment, device, or other facility made by
people and which is fixed to land:
“Support vessel” means any vessel used for coaching, marshalling and
rescue attendance for training, regattas and competitions:
“Territorial sea” means the territorial sea of New Zealand as defined by
section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic
Zone Act 1977:
“Vessel” means every description of boat or craft used in navigation,
whether or not is has any means of propulsion; and includes –
(a) a barge, lighter, or other like vessel:
(b) a hovercraft or other thing deriving full or partial support in the
atmosphere from the reaction of air against the surface of the water
over which it operates:
Part 91 - Navigation Safety Rules
21 March 2003 5
(c) a submarine or other submersible:
(d) a seaplane while it is on the surface of the water.
91.3 Application
(1) Rules 91.4(3), 91.5(4) and 91.21 apply everywhere in New Zealand waters.
(2) The rest of Part 91 applies to –
(a) areas that are not subject to navigation bylaws; and
(b) regions where navigation bylaws are in force, if the bylaws are
inconsistent with Part 91, in which case the bylaws shall be construed
subject to Part 91.
(3) Part 91 shall not apply to navigable waters subject to navigation bylaws in
the manner specified in rules 91.3(2)(b) until 31 March 2004.
Operating requirements
91.4 Personal flotation devices
(1) No person in charge of a recreational craft may use it unless there are on
board at the time of use, and in a readily accessible location, sufficient
personal flotation devices of an appropriate size for each person on board.
(2) Rule 91.4(1) and (6) shall not apply to –
(a) any surfboard or similar unpowered craft; and
(b) any sailboarder or windsurfer, if a wetsuit is worn at all times; and
(c) a diver on a boat of 6 metres or less in length overall that is used for
recreational diving within 5 miles of shore, if a full body wetsuit is
worn at all times; and
(d) a person training for or participating in a sporting event, if the
training or the event is supervised in accordance with the safety
system of a national sporting organisation approved by the Director;
and
(e) a member of a visiting foreign watersports team, if the person carries
or wears a personal flotation device that is approved by the
competent authority for use in that person’s country of residence.
(f) a commercial raft.
(3) The Director may approve a national sporting organisation for the purposes
4 September 2008
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of rule 91.4(2)(d) if that organisation has in place a safety system that the
Director is satisfied provides and equivalent level of safety to the carriage or
wearing of personal floatation devices.
(4) Subject to rule 91.4(5), rule 91.4(1) shall not apply in respect of any sporting
event, training activity or ceremonial event if a support vessel that is capable
of proving adequate assistance in the event of an emergency remains in the
immediate vicinity of the recreational craft and the recreational craft or
support vessel or both carry personal flotation devices or buoyancy aids of an
appropriate size for each person on board the recreational craft.
In this rule buoyancy aid means –
(a) a buoyancy aid as defined in NZ Standard 5823:1989 or NZ Standard
5823:2001 or NZS 5823:20051; or
(b) a buoyancy aid that the Director is satisfied substantially complies
with the standard prescribed in paragraph (a) and that provides a
minimum of 53 newtons of buoyancy.
(5) Rule 91.4(1) and (6) shall not apply in respect of any sporting event, training
activity, ceremonial event, or other organised recreational activity if the
regional council with jurisdiction for the applicable region has granted an
exemption in writing. A regional council may grant an exemption for
specified period if the regional council is satisfied that adequate safety
precautions are made for rescuing any person participating in the event or
activity.
(6) Despite rule 91.4(4), no person in charge of a recreational craft may use that
craft in circumstances where tides, river flows, visibility, rough seas, adverse
weather, emergencies or other situations cause danger or a risk to the safety
of person on board, unless ever person on board is wearing a properly
secured personal flotation device of an appropriate size for that person.
(7) No person in charge of a vessel may use it to tow any person and no person
may cause himself or herself to be towed by any vessel, unless the person
being towed wears a properly secured personal flotation device of an
appropriate size for that person.
(8) Rule 91.4(7) does not apply to –
(a) persons training for any trick water skiing element of a sporting
1 NZS 5823:1989 and NZS 5823:2001 and NZS 5823:2005 define a buoyancy aid as any device designed to assist a
person to remain afloat in water until rescue is effected. Any type of buoyancy aid categorised in the Standard meets
the requirements of this rule.
4 September 2008
Part 91 - Navigation Safety Rules
21 March 2003 7
event administered by a national sporting organisation approved
under rule 91.4(3); or
(b) persons participating in a sporting event that is administered by a
national sporting organisation approved under rule 91.4(3); or
(c) towing at a speed of less than 5 knots.
(9) For the purposes of subrules (1) and (6), in the case of a paddle craft, a
personal flotation device shall include a buoyancy aid not certified by a
recognised authority, provided that buoyancy aid –
(a) meets type 406 of New Zealand Standard NZS 5823:2005 as
demonstrated by prototype testing, except that the device is not
required to –
(i) be tested for resistance to petroleum; and
(ii) meet the colour requirements; and
(b) is manufactured in accordance with a quality system acceptable to
the Director that ensures product conformity to that standard; and
(c) is legibly and indelibly marked in block letters not less than 6mm
high “MARTIME PRODUCT CONFORMING TO THE
REQUIREMENTS OF MARITIME RULES PART 91. RESTRICTED
USE: PADDLE CRAFT APPLICATIONS ONLY”.
(10) In the case of a paddle craft, a serviceable buoyancy aid not certified by a
recognised authority and not meeting the requirements of rule 91.4(9), may
be used for the purposes of subrules (1) and (6) until –
(a) 1 October 2014 in the case of a pleasure craft; and
(b) 1 October 2011 in the case of a craft other than a pleasure craft.
91.5 Minimum age for operating power driven vessels
(1) No person under the age of 15 years shall be in charge of, or propel or
navigate, a power driven vessel that is capable of a proper speed exceeding
10 knots unless he or she is under the direct supervision of a person over the
age of 15 years who is in immediate reach of the controls.
(2) The owner of a power driven vessel that is capable of a proper speed
exceeding 10 knots must not allow any person who is under the age of 15
years to be in charge of or propel or navigate that vessel, unless he or she is
under the direct supervision of a person over the age of 15 years who is in
immediate reach of the controls.
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8 21 March 2003
(3) Rule 91.5(1) and (2) does not apply in respect of any person who has a
written exemption from a regional council issued in accordance with a
navigation bylaw or from the Director.
(4) The Director may issue an exemption in accordance with section 47 of the Act
that is valid for any specified place or places to a person under the age of 15
years for transport, training, competitions or other sporting events, if the
Director –
(a) considers that the person –
(i) is competent to propel or navigate a power driven vessel at a
proper speed exceeding 10 knots; and
(ii) is aware of relevant navigation safety rules and navigation
bylaws; and
(iii) will be under adequate supervision during the proposed
activity or activities; and
(b) consults with the relevant regional council and notifies the council of
the decision to issue the exemption.
91.6 Speed of vessels
(1) No person may, without reasonable excuse, propel or navigate a vessel
(including a vessel towing a person or an object) at a proper speed exceeding
5 knots:
(a) within 50 metres of any other vessel, raft, or person in the water; or
(b) within 200 metres of the shore or of any structure; or
(c) within 200 metres of any vessel or raft that is flying Flag A of the
International Code of Signals (divers flag).
(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) No person may cause himself or herself to be towed by a vessel (whether or
not on a water ski, aquaplane, or other similar object) at a proper speed
exceeding 5 knots in any circumstances specified in rule 91.6(1).
(4) No person in charge of a vessel may permit the vessel to continue onwards,
after any person being towed by that vessel has dropped (whether
Part 91 - Navigation Safety Rules
21 March 2003 9
accidentally or otherwise) any water ski or similar object which may cause
danger to any other person or vessel, without first taking appropriate action
to immediately recover that water ski or similar object, unless the person has
taken measures adequate to ensure that the dropped ski or similar object is
clearly visible to other water users.
(5) Rule 91.6(1)(a) shall not apply to:
(a) a vessel over 500 gross tonnage, if the vessel cannot be safely
navigated in compliance with this clause; or
(b) a vessel powered by sail in relation to any other vessel powered by
sail, while the vessels are participating in a yacht race or training
administered by –
(i) a club affiliated to Yachting New Zealand; or
(ii) a non profit organisation involved in sail training or racing;
or
(c) a craft training for or participating in competitive rowing or
paddling; or
(d) a tug, pilot vessel, harbourmaster vessel, emergency response craft or
police vessel, if the vessel's duties cannot be performed in
compliance with this clause; or
(e) a vessel operating in accordance with a speed uplifting –
(i) established under rule 91.19; or
(ii) established under rule 91.20; or
(iii) continued by rule 91.22; or
(iv) established for any river by navigation bylaw.
(6) Rule 91.6(1)(b) shall not apply to:
(a) a vessel operating in an access lane or a reserved area for the purpose
for which the access lane or reserved area was declared, unless, in the
case of a reserved area, a navigation bylaw provides otherwise; or
(b) a vessel operating in accordance with a speed uplifting –
(i) established under rule 91.19; or
(ii) established under rule 91.20; or
(iii) continued by rule 91.22; or
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10 21 March 2003
(iv) established for inland waters by navigation bylaw; or
(c) a vessel over 500 gross tonnage, if the vessel cannot be safely
navigated in compliance with this clause; or
(d) a craft training for or participating in competitive rowing or
paddling; or
(e) a tug, pilot vessel, harbourmaster vessel, emergency response craft or
police vessel when the vessel's duties cannot be performed in
compliance with this clause.
91.7 Wake
Subject to rule 91.6, every person who propels or navigates a recreational
craft must ensure that its wake does not cause unnecessary danger or risk of
damage to other vessels, or structures, or of harm to other persons.
91.8 Lookouts on vessel used for water skiing or towing any person
(1) No person in charge of a vessel may use it to tow any person at a speed
exceeding 5 knots unless at least one other person is on board who is –
(a) 10 years of age or older; and
(b) responsible for immediately notifying the person in charge of every
mishap that occurs to the person who is being towed.
(2) No person may cause himself or herself to be towed by any vessel at a speed
exceeding 5 knots unless at least one other person is on board who is –
(a) 10 years of age or older; and
(b) responsible for immediately notifying the person in charge of every
mishap that occurs to the person who is being towed.
91.9 Water skiing or towing between sunset and sunrise
(1) No person may operate, between sunset and sunrise2, a vessel that is towing
any person on water skis, an aquaplane, surfboard, or similar object, or who
is barefoot skiing, or who is on a paraglider or similar object.
(2) No person may cause himself or herself to be towed in the circumstances
described in rule 91.9(1).
2 The times for sunset and sunrise can be found in the current edition of the New Zealand Nautical Almanac.
Part 91 - Navigation Safety Rules
21 March 2003 11
91.10 Conduct in access lanes
(1) No person may propel, navigate, or manoeuvre a vessel in an access lane for
the purpose for which it is declared except by the most direct route through
the access lane and on that side of the access lane that lies to the starboard
(right) side of the vessel.
(2) No person may –
(a) while being towed by a vessel in an access lane, cause himself or
herself or any water ski, aquaplane or other similar object, on or by
which he or she is being towed; or
(b) cause any object that is being towed by a vessel in an access lane;
to travel other than by the most direct route through the access lane and on
that side of the access lane that lies to the starboard (right) side of the vessel.
(3) No person within an access lane may proceed in a manner that is dangerous
in relation to any vessel or other person in the access lane.
(4) No person may obstruct any other person while that other person is using an
access lane for the purpose for which it has been declared.
(5) If one or more persons are using an access lane for the purpose for which it is
declared, no person may enter, remain in or use the lane for any other
purpose.
91.11 Marking of access lanes
Where an access lane is defined by bylaws, the applicable regional council
must ensure that –
(a) the access lane is demarcated on shore by orange posts with
horizontal black bands; and
(b) if the access lane is marked at its outer edge, it is marked by orange
buoys with black bands; and
(c) an adequate sign or signs are provided in the vicinity of the access
lane that declare the purpose of that lane.
91.12 Reserved areas
(1) No person may obstruct any other person while that other person is using a
reserved area for the purpose for which it is reserved.
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12 21 March 2003
(2) If any person is using a reserved area for the purpose for which it is reserved,
no other person may enter, remain in or use the area for any other purpose.
(3) Where a reserved area is defined by bylaws, the regional council must ensure
that –
(a) adequate signs are provided in the vicinity of the area that –
(i) define the area; and
(ii) declare the purpose for which the area has been reserved;
and
(b) if the reserved area is demarcated on shore, it is marked by black
posts with white horizontal bands; and
(c) if the reserved area is marked at sea it is marked by black buoys with
white bands.
91.13 Anchoring and obstructions
(1) No person may anchor a vessel so as to –
(a) obstruct the passage of other vessels or obstruct the approach to any
wharf, pier or jetty; or
(b) create a hazard to other vessels at anchor.
(2) When a vessel is moored in a dock or alongside a wharf or other landing
place, the owner or master must ensure that –
(a) the vessel is securely fastened to the dock, wharf or landing place;
and
(b) an adequate and safe means of access to the vessel is provided that is
properly installed, secured, and adjusted to suit any tidal conditions.
(3) No person may place any obstruction, including any fishing apparatus, in
any waters that is likely to –
(a) restrict navigation; or
(b) cause injury or death to any person; or
(c) cause damage to any vessel or any property.
Part 91 - Navigation Safety Rules
21 March 2003 13
91.14 Damage to navigation aids
(1) No person may tie a vessel to any aid to navigation without the written
permission of –
(a) if the aid to navigation is operated by a local authority or port
company, the harbourmaster; or
(b) if the aid to navigation is operated by the Maritime Safety Authority,
the Director.
(2) No person may damage, remove, deface or otherwise interfere with an aid to
navigation.
91.15 Distance from vessels showing flag B and defence premises
Where possible, the master of a vessel must not allow that vessel to
approach within 200 metres of –
(a) an oil tanker or any other vessel that is showing flag B by day or a
red all round light by night; or
(b) any wharf, quay, pier, jetty, or premises belonging to the Crown
erected or used in connection with defence works or defence
purposes under the Defence Act 1990, unless –
(i) a different distance is prescribed in respect of the wharf,
quay, pier, jetty or premises by the New Zealand Defence
Force; or
(ii) the master is authorised to approach within 200 metres by
the Defence Officer in charge of the wharf, quay, pier, jetty or
premises.
91.16 Duty of master of a vessel under 500 gross tonnage
(1) The master of a vessel under 500 gross tonnage must not allow the vessel to
impede the navigation of any vessel of 500 gross tonnage3 or more if the
vessels are in a harbour area.
(2) For the purposes of this rule a harbour area is an area defined as such in
bylaws. If a regional council defines a harbour area in bylaws, the council
must inform Land Information New Zealand of the defined area so that it
may be marked on any applicable nautical chart.
3 A vessel over 500 gross tonnage is likely to be over 50 m in length overall.
28 June 2007
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14 21 March 2003
91.17 River safety rules
A person in charge of a vessel on a river must –
(a) ensure that the vessel keeps to the starboard (right) side of the river
channel; and
(b) if going upstream, give way to any vessel coming downstream; and
(c) not operate the vessel unless river and weather conditions permit
safe operation of the vessel.
91.18 Flags and signals
(1) The master of any vessel that has on board, or who intends to load or unload,
27 kilograms or more of explosives in a harbour area as defined in rule
91.16(2) must display code Flag B by day and an all round red light at the
masthead or where it can best be seen by night.
(2) The master of any tanker in a harbour area as defined in rule 91.16(2) must
display code Flag B by day and an all round red light at the masthead or
where it can best be seen by night.
(3) Every person diving from a vessel must ensure that flag A is displayed in
such a manner that it can be clearly identified by the watchkeeper of another
vessel at a distance in excess of 200 metres.
(4) The master of every vessel from which dive operations are in progress must
ensure that flag A is displayed in such a manner that it can be clearly
identified by the watchkeeper of another vessel at a distance in excess of 200
metres.
Administration
91.19 Temporary events
(1) Any person intending to conduct a race, speed trial, competition or other
organised water activity in an area where navigation bylaws do not apply
may apply to the Director –
(a) to temporarily suspend the application of any part of rule 91.6
during the conduct of the race, speed trial, competition or other
organised water activity; and
(b) to temporarily reserve the area for the purpose of that activity.
28 June 2007
Part 91 - Navigation Safety Rules
21 March 2003 15
(2) If the Director is satisfied that an application may be granted without
endangering the public, and that any consultation with affected parties that
the Director considers necessary has been undertaken, he or she may grant
the application for a specified period or periods and subject to such
conditions as he or she may specify in the interests of maritime safety.
(3) No grant of an application under rule 91.19(2) shall have effect unless, not
less than 7 days or more than 14 days before the commencement of the
activity, the applicant publicly notifies the period of the activity and details
of the suspension or reserved area.4
91.20 Permanent speed upliftings
(1) A person may apply to have any speed limit prescribed in rule 91.6 or
navigation bylaws uplifted from waters specified in the application –
(a) where navigation bylaws are in force, by application in writing to the
appropriate regional council; and
(b) where navigation bylaws are not in force, by application in writing to
the Director.
(2) An application under rule 91.20(1) must not be granted unless the regional
council or the Director, as applicable, is satisfied that –
(a) the application has been publicly notified; and
(b) affected persons have had reasonable opportunity to comment on the
application; and
(c) the applicant has provided evidence of the consultation undertaken
with affected persons and any navigation safety concerns arising
from the consultation process and any measures taken to address the
concerns raised; and
(d) uplifting the speed limit will not unacceptably increase the risk to
navigation safety or endanger persons using the waters that are the
subject of the application.
(3) A regional council must consult with the Director before granting any
application made under rule 91.20(1)(a) and must notify the Director when it
grants such an application. Any application granted under rule 91.20(1) must
be publicly notified and notified in the Gazette as soon as practicable after it
is granted.
4 Local Authority permits may also be required for land use associated with the temporary speed uplifting.
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16 21 March 2003
(4) The Director may grant an application in accordance with rule 91.20(2) for a
specified period or periods and subject to such conditions as he or she may
specify in the interests of maritime safety.
91.21 Appointment of Safe Boating Advisors
(1) The Director may appoint a person as a Safe Boa ting Advisor for the purpose
of promoting safety awareness on recreational craft if the Director is satisfied
that the person –
(a) (i) was appointed as an Honorary Launch Warden under
regulation 3 of the Water Recreation Regulations 1979; or
(ii) holds a Boatmaster Certificate issued by the Coastguard
Boating Education Service or a qualification that the Director
considers is equivalent to that certificate; and
(b) has a minimum of 5 years recreational craft experience that is
acceptable to the Director.
(2) The Director may appoint a Safe Boating Advisor subject to such conditions
as the Director considers necessary in the interests of maritime safety, which
shall include the areas within which the Safe Boating Advisor may perform
his or her function.
(3) The Director may revoke the appointment of a person under rule 91.21(1) by
notice in writing. The notice must include the grounds for revocation and the
grounds must be reasonable.
91.22 Savings
(1) Any access lane designated under regulation 10 of the Water Recreation
Regulations 1979 that was in force on the day before Part 91 came into force is
an access lane for the purposes of Part 91 unless a navigation bylaw or rule in
a plan made under the Resource Management Act 1994 amends or revokes
that designation.
(2) Any area reserved under regulation 18 of the Water Recreation Regulations
1979 that was in force on the day before Part 91 came into force is a reserved
area for the purposes of Part 91 unless a navigation bylaw or rule in a plan
made under the Resource Management Act 1991 amends or revokes that
designation.
(3) Any waters not subject to a speed limit of 5 knots by virtue of a notice in the
Gazette made in accordance with regulation 20 of the Water Recreation
Part 91 - Navigation Safety Rules
21 March 2003 17
Regulations 1979 on the date before Part 91 came into force are not subject to
the speed limit specified in rule 91.6 and are subject to any conditions that
were specified in the applicable Gazette notice unless a navigation bylaw or
rule in a plan made under the Resource Management Act 1994 amends or
revokes that designation.
Amendments to Part 22
Rule 22.3 Application
Amend rule 22.3 by adding the following new paragraph (4):
"(4) Nothing in this Part applies to a vessel participating in a race or training
or coaching in relation to other vessels participating in such an activity,
if the participants have agreed to comply with the International Sailing
Federation Rules, prescribed by the International Sailing Federation."
Rule 22.18 Responsibilities between vessels
Amend rule 22.18(1) by revoking subparagraph (d) and substituting the
following new subparagraph (d):
"(d) a sailing vessel or a vessel under oars:"
Rule 22.30 Anchored vessels and vessels aground
Amend rule 22.30(3) by deleting the words "light or".
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