Patrols by the Bay's harbourmaster in Tauranga Harbour are likely to be increased after independent commissioners felt unable to rule on arguments to close the popular Hunters Creek water ski lane.
Problems with accepting anecdotal evidence emerged during hearings on the Bay of Plenty Regional Council's review of its Navigation Safety Bylaw.
Issues surrounding the ski lane that runs between the forested side of Matakana Island and Rangiwaea Island surfaced at hearings chaired by Les Porter.
Recommendations contained in the hearing panel's 25-page decision were all accepted by a meeting of the council this week.
It meant that except for times around low tide, the status quo would continue for at least five years on the ski lane until data gathered by patrols could be considered in the next review of the bylaw in 2021.
The panel said that although the issues concerning Hunters Creek were very real to residents of Rangiwaea and Matakana Islands, there needed to be a more formal gathering of data.
''One group of users cannot be pinpointed as creating issues without evidence to support ... it was felt that the evidence provided was anecdotal and there was no substantiating evidence provided in support.
''The commissioners were disappointed with the lack of evidence, and this has led them to make some strong recommendations to the regional council regarding the next bylaw review.''
The council accepted the recommendation to keep the Hunters Creek ski lane in the bylaw but to shorten the hours it could be used to outside two hours either side of low tide.
Commissioners noted the concerns raised during the hearing that jet skiers in particular tended to perform high-speed manoeuvres in reasonably shallow water with little regard to other boaties.
The decision also noted islanders' concerns that water skiing around low tide was an accident waiting to happen.
However, they did not support the proposal by islanders to open a new ski lane off the south-western end of Matakana Island, part of an area called Panepane Point.
Commissioners said Panepane was one of the very few deep water anchorages in the harbour and was used extensively by boaties.
''A large number of local boaties also use the beach as a safe swimming area, and is highly utilised as a family beach. A ski lane at Panepane is not perceived as a viable option.''
The decision has asked that verifiable evidence be available for the next bylaw review in five years using data collected by the harbourmaster and Rangiwaea Island trustees.
Commissioners wanted the harbourmaster to be able to increase patrols and maintain a more visible presence within Hunters Creek, particularly during the busy summer season. It called for signs in Hunters Creek to signify that land above high tide was private property and that a full assessment was undertaken of ski areas in the harbour including usage and incidents.
The decision encouraged ''serious relationship building at a governance level with the island trustees''.
On the issue of the proposed exclusion zone around ships moving along port shipping channels, the commissioners backed the introduction of a prohibited zone of 500 metres directly in front of moving ships and 50m either side.
This was opposed by the Tauranga Yacht and Power Boat Club which argued it would close shipping lanes and they would be unable to conduct races in the harbour due to the draft of their yachts.
Although some submitters said skippers of a recreational vessel could determine a safe distance, the council's harbourmaster told commissioners that there were ''repetitive examples of small vessels being warned, moved or towed out of a ship's way. Anchoring in the channel is becoming a consistent issue, and when requested some boaties are refusing to move.''
The harbourmaster submitted that the club had sound procedures around race management regarding shipping and it was difficult to see how a moving prohibited zone would adversely affect racing.
On the issue of the wearing of lifejackets, the panel backed the proposed bylaw change to bring the Bay into line with Auckland where lifejackets must be worn on vessels 6m or smaller unless the skipper had assessed the risks and given permission to remove lifejackets. However no person under the age of 15 could authorise the non-wearing of lifejackets.
''This ruling promotes skipper responsibility.''
There were no changes to the current speed areas along the Kaituna River, from the Mangorewa confluence to the first rapids 12.5km upstream.
Bay of Plenty Navigation Safety Bylaw Review
- 800 stakeholders directly notified
- 4200 people indirectly notified
- 217 submissions received
- 39 submitters heard in person