Is Bylaw Appropriate?
Under Section 155 of the Local Government Act 2002, local authorities are required to determine whether a bylaw is the most appropriate way of addressing a perceived problem, whether the bylaw is in the most appropriate form, and whether it gives rise to any implications under the New Zealand Bill of Rights Act 1990.
Along with other regional councils and port companies, ORC is party to a Memorandum of Understanding with Maritime New Zealand in which all parties agree to adopt and implement the New Zealand Port &Harbour Marine Safety Code. It is an expectation of the code that Councils will use their statutory powers to manage and maintain their harbours and navigable waters so that they are fit for the intended uses. This includes putting in place appropriate bylaws to manage maritime safety risks.
A Navigational Safety Review undertaken by Navigatus Consulting Limited for ORC in 2016 identified that management of maritime safety risks for Port Otago relied on bylaw provisions to manage some risks, yet the 2003 bylaw had lapsed. The report recommended that a new bylaw be established and that navigational safety be actively managed.The ORC considers that a bylaw is the most appropriate way of ensuring navigation safety in the waters of the Otago Region, that the proposed bylaw is in the most appropriate form, and that it does not give rise to any implications under the New Zealand Bill of Rights Act.
Consultation has concluded