Consultation closed 12 July.
We are reviewing the way we manage moorings in the District and we are looking for feedback on where we have got to so far.
We are also making changes to the way coastal structures are managed and we are looking for feedback on these more recent changes.
Moorings play an important role in the enjoyment of our coastline and there are many in Tasman waters. As a nation of boaties, our moorings have a rich history. They are valued as permanent, semi-permanent or temporary safe anchor points.
However, as they have proliferated, the importance of the rules governing them has also grown. Moorings have an impact on the environment and if not placed well can be a hazard to neighbouring boats and users. A poorly–placed or moving mooring “block” could allow boats to collide, impact on other moorings or break infrastructure on the seabed.
Currently only a third of moorings in Tasman District have a resource consent. The rest were generally put in before 1990 without their environmental or neighbourly impact being considered. Without a consent there is no accountability for maintenance and appropriate material and location.
During the process of working through management options for moorings, additional matters regarding how other coastal structures are managed was identified and the opportunity was taken to address these issues as part of the review. These additional matters are discussed in greater detail below.
To make changes to the management, we need to complete two pieces of work: A draft Moorings and Coastal Structures Plan Change and draft Moorings Bylaw.
The proposed moorings review and coastal changes will lead to changes in our planning rules, and the introduction of a new bylaw.
Following feedback we will make any necessary changes and then formally call for submissions on the Proposed Plan Change and Bylaw.
If you have any queries, please don't hesitate to contact Tania Bray (email@example.com or on 03 5438400).
There are 11 new mooring areas proposed for the district. As long as you have a Moorings License issued by the Harbourmaster you can moor your boat in the Mooring Area as a permitted activity.
The Moorings license will contain conditions about the size of boat, type and location etc.
There are restrictions on who can apply within the Abel Tasman National Park Mooring Areas and at Kaiteriteri.
Legal moorings already within the areas can stay there and at some point in time will change over to the new system.
For more information check out the Draft Bylaw and Section 25.1.1 in the Draft Plan Change.
The rules have been changed to allow all mooring types to be applied for outside of the Mooring Areas as a ‘discretionary activity’.
The current rules make it harder to apply for mooring types other than swing moorings, which are not always the best option.
There are new policies encouraging the efficient use of space for moorings - including the use of public moorings, efficient mooring systems and the removal of unwanted moorings. These policies are in addition to the existing policies guiding where moorings might be located.
For more information check out Section 188.8.131.52C in the Draft Plan Change.
If you are interested in the existing policies around moorings you will find the information in Chapters 20 and 21 of the Draft Plan Change.
Currently there are no rules around removal of coastal structures that are no longer wanted or needed, including illegal structures.
The coast is littered with such structures and it does not make sense to require a resource consent when the environmental effects are often minimal and the outcome usually beneficial.
New rules are proposed to make it a permitted activity for the owners, Crown or the Council to remove coastal structures if certain conditions are met.
For more information check out new rules 184.108.40.206A and 220.127.116.11 of the Draft Plan Change.
There are new policies encouraging the removal of structures when no longer wanted or needed.
These policies support the new rules enabling the removal of such structures
For more information check out sections 18.104.22.168C(c), 22.214.171.124, 126.96.36.199, 188.8.131.52, 184.108.40.206 in the Draft Plan Change for the policies or sections 220.127.116.11 and 18.104.22.168 of the Draft Plan Change for the new rules.
The seabed is home to many pipes and cables which provide electricity and water to communities and carry away waste water and sewage.
If newer structures are located too close to these utilities there is a chance the structure will accidently cause damage either by being in the wrong place or by shifting in storm events e.g. anchor blocks.
It is proposed that all new structures including moorings in Mooring Areas need to be set back from utilities and if close, then greater care is needed to get the location right.
For more information check out conditions 22.214.171.124(c) & (e) and 126.96.36.199(p) in the Draft Plan Change.
There is strong direction to reduce the amount of public space taken up with structures and to get the best value out of the space that is used. For this reason, new policies and the Bylaw encourage the establishment of public moorings that everyone can use. Moorings are considered safer than casual anchoring and public moorings provide a safe option for occasional boaties.
Kaiteriteri Mooring Area 1 (which includes the current seasonal moorings area) is to be slightly enlarged and limited to public moorings.
For more information check out policies 188.8.131.52C(b) and 184.108.40.206 in the Draft Plan Change and sections 5.1.2 and 220.127.116.11 in the Draft Bylaw.
Currently it is assumed that if you build a coastal structure like a boathouse or wharf that you should be able to maintain and repair it as part of the resource consent.
However, it becomes problematic when the structure grows or is significantly changed from what was originally applied for.
New rules make it clear that structures can be maintained and repaired, but there are limits on what can be done before a new resource consent is required.
For more information, check out condition 18.104.22.168(e) in the Draft Plan Change.
When the rules were first written, a number of long-time coastal structures where made permitted activities with no resource consent needed. Over time, the Council has become uncertain who owns a structure or may never have known who owned it.
The Council is required by Government to keep a record of ownership for every structure in the coastal area and the Council regularly gets asked who is the legal owner when these structures come up for sale.
To meet the requirements of Government and to provide greater certainty to owners and the community, the existing rule has been change to require owners to provide Council with name and contact details.
For more information check out condition 22.214.171.124(f) in the Draft Plan Change.
The Tasman Coast is well loved and used for commercial and recreational reasons.
It is very easy for unwanted maritime pests to get transported here from other places and then spread through the district. If some marine pests were to take hold here, they could cause a huge amount of environmental and economic harm.
A new condition is being added to the coastal structures rules to require structure owners to keep their structures free of pests.
For more information, check out condition 126.96.36.199(g) and matter 188.8.131.52(10) in the Draft Plan Change.
The Plan includes a list of structures which have been around for a long time and are thought to have a low impact on the environment, as permitted activities.
This means they can remain there so long as they are needed, without a resource consent. A number of existing structures within the Abel Tasman National Park have been added to the list.
All of the structures help provide public access or use of the park.
For more information check out Schedule 25A(iii) in the Draft Plan Change.
Maps of the proposed mooring areas. (These are also included at the end of the Draft Plan Change document)
As part of the proposed changes a new Bylaw has been drafted.
The Bylaw contains the details about how moorings in Mooring Areas will be allocated and managed.
This is a Bylaw under the Maritime Transport Act 1994 and will work alongside the main Navigation and Safety Bylaw.
The following is proposed:
Anyone, however there are some limits:
For allocation details see the Draft Bylaw.
Most conditions are around the type of boat, location, maintenance and duration of the licence.
See Section 3.3 of the Draft Bylaw for a list of the type of conditions the harbourmaster may place on a Moorings Licence.
The current way of managing moorings is expensive and not working well.
Currently a person applies for a particular location and they are either granted a resource consent or declined. Over time, mooring owners may change boats, needing more or less room.
The process of applying for a mooring or changing the details on it can be expensive and off putting. This leads to inefficiently used space. The changes are intended to make the management of moorings cheaper, more efficient and flexible.
Mooring owners are a community and often have ideas about how they would like their mooring area managed or may have ideas about doing something slightly different. The Bylaw enables such discussions to take place with the harbourmaster.
The Bylaw now contains an option to ask a Review Panel to reconsider any conditions of concern on the Mooring Licence.
Mooring Licences can be transferred and Mooring Licences may be cancelled. This is to prevent people being left with Mooring Licences they don’t need, want or can't use.
Section 4.1 of the Draft Bylaw covers the renewal of conditions, Section 4.2 the right to reconsider, Section 4.3 the transfer of licences, and Section 4.4 the circumstances in which a mooring licence may be cancelled.
In some areas, demand for moorings is likely to be greater than the area available. To help manage this demand, a formal waitlist will be introduced for each Mooring Area.
See Section 5.1.4 of the Draft Bylaw for details.
An important part of this review is to reduce the cost to the community in establishing and using moorings.
The upfront costs in applying for a Mooring Licence will be significantly lower than an application for a resource consent which currently requires a $900 deposit and may end up costing several thousands depending on location.
The ongoing annual monitoring fees are likely to be similar between the two.
Indicative fees are included in Schedule 1 of the Draft Bylaw, however they are likely to change.
Periodically the Council reviews the amount charged for fees and the community has the opportunity to be involved in this process.
The review looked at how moorings are managed along our coastline. It set out some of the background issues, looked at possible changes and provides a preferred option for change.
As well as looking at improved management of moorings, the review also included a limited component focusing on potential changes to the list of permitted coastal structures contained in Schedule 25A of the Plan.