Recommendation Date
Recipient Name
MNZ
Text
When a speed uplifting is granted by local government organisations or by Maritime New Zealand, this is effectively a reversal of measures taken to mitigate a previously identified risk of accidents occurring between craft travelling at high speed and other recreational water activities.
In the case of the Kawarau River, it is a safety issue that few additional measures have been taken to mitigate the additional risks that the speed uplifting has created. This situation probably exists on the Kaituna River and therefore could also exist in other waterways where the speed restrictions have been uplifted.
A second safety issue is that there is an inconsistency between Maritime Rules Part 91 where speed upliftings applied for under Rule 91.21 require a risk assessment, and then if successful, public notification and notification in the Gazette, and speed upliftings enacted by navigation bylaws that are not subject to risk assessment, approval by the Director, and publication in the Gazette.
The Commission recommends that the Director of Maritime New Zealand and the Chief Executive of Local Government New Zealand address these 2 safety issues through the appropriate forum with local government organisations with a view to achieving an appropriate level of safety and consistency in safety standards on affected inland waterways.
In the case of the Kawarau River, it is a safety issue that few additional measures have been taken to mitigate the additional risks that the speed uplifting has created. This situation probably exists on the Kaituna River and therefore could also exist in other waterways where the speed restrictions have been uplifted.
A second safety issue is that there is an inconsistency between Maritime Rules Part 91 where speed upliftings applied for under Rule 91.21 require a risk assessment, and then if successful, public notification and notification in the Gazette, and speed upliftings enacted by navigation bylaws that are not subject to risk assessment, approval by the Director, and publication in the Gazette.
The Commission recommends that the Director of Maritime New Zealand and the Chief Executive of Local Government New Zealand address these 2 safety issues through the appropriate forum with local government organisations with a view to achieving an appropriate level of safety and consistency in safety standards on affected inland waterways.
Reply Text
See report for full reply. "In summary, therefore, MNZ considers that there are sufficient legal remedies in place under existing legislation for both regional councils and MNZ to address any additional safety risks that may arise from the uplifting of speed restrictions on rivers"…."In respect of the second safety issue raised under this recommendation, MNZ expects to meet with Local Government NZ prior to the end of June."
Related Investigation(s)