3206
NEW ZEALAND GAZETTE
No. 133

Motutapu and Rangitoto Islands to join with latitude 36° 46.7 S.

Conditions and Requirements

The following conditions and requirements must be complied with in the designated area:

1. America’s Cup Village area—
   (a) No vessel may exceed a speed of 5 knots unless the person operating the vessel has been authorised by the Auckland Regional Council Harbourmaster to exceed that speed for purpose of enforcing the provisions of this notice or exercising a power under section 200B (2) of the Maritime Transport Act 1994;
   (b) No vessel may approach within 100 metres of vessels transferring fuels or chemicals at Wynyard Wharf;
   (c) No vessel may enter the area or leave any berth in the area without first obtaining clearance from Viaduct Harbour Control on VHF Channel 73;
   (d) All commercial vessels must transfer from the control of Ports of Auckland Limited to the control of Viaduct Harbour Control prior to entering the area;
   (e) All commercial vessels leaving the area must transfer from the control of Viaduct Harbour Control to the control of Ports of Auckland Limited when those vessels reach the waters north of a line drawn between Wynyard Wharf and Hobson Wharf.

2. Inner Harbour West—
   No vessel, except any vessel that is—
   (a) used in a ferry operation that is registered by the Auckland Regional Council under section 49 of the Transport Services Licensing Act 1989; or
   (b) used for the purpose of enforcing the provisions of this notice or exercising any power under section 200B (2) of the Maritime Transport Act 1994,—
   may exceed a speed of 10 knots.

3. Inner Harbour East—
   (a) No vessel, except any vessel that is—
   (i) used in a ferry operation that is registered by the Auckland Regional Council under section 49 of the Transport Services Licensing Act 1989; or
   (ii) using the express lane at the southern and eastern boundaries of the commercial shipping channel denoted on Auckland Harbour Chart 5322,—
   may exceed a speed of 10 knots, provided that no vessel within 200 metres of any shore or structure or within 30 metres of another vessel may exceed 5 knots;
   (b) The commercial shipping channel denoted on Auckland Harbour Chart 5322 may only be used by—
   (i) commercial shipping operations under the control or supervision of the marine services unit of Ports of Auckland Limited while in that channel; and
   (ii) vessels specifically authorised by the Auckland Regional Council Harbourmaster to use that channel.

4. Race Track Area—
   (a) Within this area, race courses will be established from day to day and will be publicly announced by the Auckland Regional Council at approximately 0730 hours each day;
   (b) Normal navigation is permitted outside the race courses established under 4 (a);
   (c) Only yachts formally registered to compete in the Louis Vuitton Regatta 1999-2000, chase boats associated with those yachts, race course marking boats, and vessels used for enforcement purposes or for the purposes of the Regatta by umpires or marshals or America’s Cup Challenge Association (NZ) Limited, are permitted to navigate within the race courses throughout the period of racing operations for the day, provided that, subject to 5 (a), other vessels accredited by America’s Cup Challenge Association (NZ) Limited may navigate within the race courses;
   (d) All vessels must be navigated in accordance with Maritime Rules, Part 22 – Collision Prevention.

5. The Auckland Regional Council may:
   (a) determine, in accordance with this notice, which ships may enter the designated area; and
   (b) for the purpose of protecting the safety of the public, specify and vary conditions for the day to day management and conduct of activities within the designated area, including varying the hours of racing, closing and opening the race course, and changing the race course; and
   (c) order the abandonment of racing if, in the opinion of the Council’s Harbourmaster, adequate levels of public safety cannot be guaranteed, provided that consultation with the New Zealand Police, America’s Cup Challenge Association (NZ) Limited, and Ports of Auckland Limited has first taken place.

6. On race days, the co-ordination and management of commercial shipping in Waitemata Harbour will be conducted jointly by the Auckland Regional Council’s Harbourmaster and the Marine Services Manager, Ports of Auckland Limited.

Means of Enforcement

Compliance with the above conditions and requirements will be enforced by appointed enforcement officers, as defined in section 200B (6) of the Maritime Transport Act 1994.

Under section 200B (5) of the Maritime Transport Act 1994, any person in charge of a ship, craft, or seaplane, who contravenes this notice, commits an infringement offence, and is liable to the relevant penalty prescribed in the Maritime Transport (Infringement Fees for Offences Relating to Major Maritime Events) Regulations 1999.

Hours of Operation

For all areas, except the America’s Cup Village area—
The conditions and requirements apply generally on race days from 0800 to 1800 hours but these hours are subject to change and will be determined on a daily basis. The specific hours of operation will be announced on public broadcasting and marine communication channels. Normal navigation will be permitted at times outside the hours of operation referred to above and at any time on days that are not race days or days of significant activity associated with the event.

For the America’s Cup Village area—
The conditions and requirements apply 24 hours a day for the entire period covered by this declaration.

I make this declaration in accordance with the requirements set out in section 200A (3) of the Maritime Transport Act 1994.

Dated at Wellington this 20th day of September 1999.

MAURICE WILLIAMSON, Minister of Transport.

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