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1 File: H271 Writer s Direct Dial No. (03) Dave Craig 48 Oak Crescent Ashurst 4810 Dear Dave NAVIGATION SAFETY BYLAW 1 : TEMPORARY RESERVATION AT TORRENT BAY FOR PUBLIC PYROTECHNIC DISPLAY 31 DECEMBER 2017 Your reservation of Torrent Bay for a public pyrotechnics display (the Event) has been approved. The reservation will apply between 21:05 hours NZDT on 31 December 2017 and 00:30 hours on 1 January 2018, and a travelling exclusion around the loaded barge has been additionally granted from 08:00 hours on 31 December 2017 until 08:00 hours on 1 January As with previous years events this consent will constitute a reservation of Torrent Bay. This will ensure that the event organisers have control over the area in terms of ensuring maritime safety. Please be aware that many of the vessels expected to be in the area during this time may not be aware of the requirement to stay over 200m from a vessel flying flag Bravo (indicating dangerous goods are aboard) or showing a red light. I understand that you have chartered a surveyed barge from Abel Tasman Sea Shuttles Ltd, which should have a Bravo flag and a red all-round light fitted, but you may wish to confirm that with them. This approval has been made in accordance with TDC s Maritime Event Application Standard Operating Procedure and solely on the basis of your application and any subsequent information obtained from you as the event organiser, it has been outlined to me that this event will proceed as per the protocol for previous years events. The event or activity may only occur if it is carried out in accordance with: 1. information in the application provided; and 2. the approval conditions imposed by Council below. If there is conflict between this approval and your normal procedures, the conditions imposed by Council shall apply. 1 Any reference to a Bylaw that follows refers to the Tasman District Council Consolidated Bylaw, Chapter 5: Navigation Safety 2015.

2 2. If a Harbourmaster (or representative) is observing the activity, the Harbourmaster (or representative), or Council, in no way takes responsibility for managing the activity s risk. Except that if the Council representative deems the activity organiser is not managing risk adequately, the Council representative may intervene. If this occurs, it is possible that the activity will be suspended until further notice. This approval and associated conditions have been granted in accordance with authority either directly available or delegated to the Harbourmaster by the Tasman District Council Consolidated Bylaw, Chapter 5; Navigation Safety 2015, or the Maritime Transport Act 1994, unless otherwise specified. The reservation granted as follows will allow the event organisers to make such use of the reserved area as they see fit and appropriate. The timings are set to cause the least possible disruptions to other users of the area during daylight. Pursuant to the provisions of Bylaw 3.13 the following suspension of specified provisions of the Bylaw and reservation of the area detailed below is granted for a public pyrotechnic display (the Event). The following conditions will apply: 1 Dave Craig (the Event Organiser ) shall be responsible for ensuring that all conditions imposed by this letter are complied with. 2 For the period between 9:05pm on 31 December 2017 and 12:30am 1 January 2018, the area defined in paragraph 3(1) below is temporarily reserved for the running of a public pyrotechnic display. Further, for the period between 8am on 31 December 2017 and 8am on January , the area defined in paragraph 2(2) is reserved as a safety exclusion zone around the barge when carrying dangerous goods. Note: Postponement by up to 48 hours is acceptable with prior notice to the harbourmaster and amendment of notices. 3 The areas temporarily reserved for the Event are defined as being (1) all that area reserved in the Bylaw and labelled on Figure 2 as Water Skiing area at Torrent Bay, and (2) all that area of water within 200m of the barge from which the pyrotechnics will be deployed at any time that the barge is flying flag Bravo (a red swallow-tailed flag) or showing a red all-round light at the masthead.

3 3. Figure 1: Firing Position as applied.

4 4. Figure 2: Temporary Reserved Area is area shown as Waterskiing Area. Red mark indicates firing position. 4 All other activities within the temporarily reserved area such as swimming or undertaking boating activities not directly associated with the running of the Event are prohibited for the periods defined in paragraph 2 above, from the areas defined in paragraph 3 above. Note that this effectively closes the waterskiing area, but only after sunset when waterskiing is prohibited. All vessels must remain outside of the temporarily reserved area during the pyrotechnic display and stay more than 200m from the barge. This includes anchored and moored vessels. Any vessel anchored or moored in the area is at the owners sole risk. 5 The barge shall be loaded and unloaded in Stephens Bay or Tapu Bay as appropriate and towed to the firing location in the reserved area to arrive there no earlier than 9:05pm for anchoring. This may only be varied due to weather conditions on the day and with the express consent of the Harbourmaster. If a variation is sought to load at Kaiteriteri Beach, then written consent of both the Harbourmaster and the manager of Kaiteriteri Recreation Reserve Board will be required. Note: Consideration shall be given to choosing a loading site that affords the least possible inconvenience to members of the public. All beaches in the area with suitable road access are likely to be in demand by members of the public for recreation on these dates. The 50m exclusion zone stipulated by other regulations may require that a temporary barrier and signage be erected at the chosen location by the pyrotechnic handlers. Any such barrier should consist of cones or similar rather than stakes, as both beaches contain sites of cultural significance and a separate permit is required to dig or drive posts into them. Both ramps and beaches are soft sand. The access to Tapu Bay ramp from the road is very steep and not suitable for heavy vehicles. If trailered, the barge may have to be launched elsewhere (Kaiteriteri, Marahau or Motueka) on the top two-thirds of a tide and towed to the loading point. 6 The barge shall fly Flag B from when loading commences until all pyrotechnics are either discharged or unloaded from the barge. The barge shall also show an all-round red light between sunset and sunrise when any undischarged pyrotechnics are aboard. This may be

5 5. turned off during the actual pyrotechnic display, and relit afterwards if any failed to fire and are at risk of doing so. 7 The barge shall show an all-round white light at any time it is at anchor between sunset and sunrise (this may be in addition to the red light prescribed above). This may be turned off during the actual pyrotechnic display, and relit immediately afterwards. 8 The Event organisers are responsible for drawing the provisions contained in this letter to the attention of any person making unauthorised use of the temporarily reserved areas or approaching the exclusion zone. This will require a support/patrol vessel, which does not need to be subject to Safe Ship Management in this case 9 A vessel or tender with adequate fire-fighting arrangements aboard to suppress any fire caused by the Event until the arrival of local volunteer Fire Service personnel shall remain on site during and for at least 30 minutes after the conclusion of the display. A fire watch shall be maintained during this period for any signs of fires aboard moored vessels or amongst vegetation on nearby reserve land. In case of fire, the fire watch shall advise the Fire Service by dialling 111, and attempt to extinguish the fire if safe to do so.

6 6. 10 The Approved Pyrotechnic Handler in charge has ultimate control of the exclusion area (reserved area) during the event, on behalf of the Event Organiser. The Event Organiser is responsible for ensuring hazards are managed adequately. The Event Organiser shall be responsible for, but not limited to: 1. Remaining contactable by Council representatives before the event, during the event and one hour after the event 2. Preventing unauthorised vessels, or persons, moving into the exclusion area (reserved area) 3. Ensuring the barge when loaded remains within the specified locations (except in transit) 4. Inspecting the exclusion area (reserved area) for hazards before the Event starts 11 If a Harbourmaster (or representative) is observing the event with the Event Organiser, the Harbourmaster (or representative), or Council, in no way takes responsibility for managing the event s risk. If the Council representative deems the Event Organiser is not managing risk adequately, the Council representative will intervene. If this occurs, it is possible that the Event will be suspended until further notice. 12 A temporary sign (draft attached) shall be attached to the post of the Tasman District Council signs at the Anchorage and Torrent Bay at or before 8am on 31 December, and removed as soon as practicable after the event. 13 Appropriate advertisements will be placed on your behalf between one and two weeks prior to the date of the Event in the Councils Newsline magazine, as required by the Bylaw. A copy of the Public Notice(s) is appended. It is recommended that further event advertising is undertaken (eg in the Nelson Evening Mail) but this will be at the event organiser s expense. 14 This document relates only to navigable water and does not afford any special rights or privileges on the adjacent beaches or foreshore. 15 Communications using VHF radio related to the Event shall be on channel The person in charge of the display shall telephone the duty Harbourmaster on or once the barge is loaded to confirm their contact details, the intended time of relocation to Torrent Bay, and the intended triggering time. 17 The person in charge of triggering the pyrotechnics shall call the duty Harbourmaster by cellphone or on VHF Channel 16 (or Ch28 if no response on Ch16) fifteen minutes before triggering, so that the area can be cleared and warnings broadcast by the Harbourmaster on other appropriate frequencies. That person shall also advise when the display is complete so that the warnings can be cancelled. In the event that the Harbourmaster cannot be contacted, the following shall be broadcast on marine VHF radio by the pyrotechnics handler or his nominee: (a) 15 minutes before firing, on Channel 16 then Ch28: Sécurite Sécurite Sécurite. All ships in the Torrent Bay area. This is Torrent Bay pyrotechnics control. Be advised that fireworks will be discharged to seaward from Torrent Bay township beach in one-five minutes. Stay well clear until further notice. Sécurite ends. (b) After firing complete and any misfires have been made safe, on Ch16 then Ch28: All ships in the Torrent Bay area, all ships in the Torrent Bay area. This is Torrent Bay

7 7. pyrotechnics control. Be advised that the fireworks display is complete. The earlier Sécurite message is now cancelled. Out. 18 A copy of this letter shall be read by all operational personnel involved in the Event and made available on-site by the organisers of the Event for viewing by any person who requires information about this suspension of the Bylaw. 19 This reservation applies only for the purpose, time and within the area defined above. 20 This Event can be stopped by a warranted Harbourmaster or Enforcement Officer at any stage if he or she considers that it is no longer safe for the event to proceed. 21 The Event Organiser is responsible for ensuring hazards are managed adequately. Advice Notice 1. Tasman District Council has assessed this application against the navigation safety obligations required by our Navigation Safety Bylaws and the Maritime Transport Act Tasman District Council is not the responsible agency for assessing if your safety management plan adequately manages the risk for your event participants and support staff/volunteers except where the risk relates to navigation safety. 3. Tasman District Council has not assessed whether you meet your obligations under the Health and Safety in Employment Act This includes adequacy of rescue plans, first aid requirements, participant experience, training or safety equipment. A copy of this letter has been sent by to some interested parties, as below. Please do not hesitate to contact me if you wish to discuss any of these matters. Best wishes for a safe and successful display. Yours sincerely Harbourmaster Dan Cairney Cc (by ): Kaiteriteri Recreation Reserve Board Department of Conservation, Motueka Licensed commercial vessel operators

8 8. 04 December 2016 Paragraph 13 Draft Public notice(s) Navigation Safety Bylaw: Temporary Reservation at Torrent Bay for Public Fireworks Display on New Year s Eve Dave Craig has applied to Tasman District Council to stage a public fireworks display from a barge in Torrent Bay on New Year s Eve at midnight. Pursuant to the provisions contained in the Navigation Safety Bylaw, the Tasman District Council s Harbourmaster has granted a temporary reservation of the Torrent Bay water-ski area for the display between 9pm on 31 December 2017 and 12:30am on 1 January Also, an exclusion zone of 200m around the barge has been granted for 24 hours from 8am on 31 December while it is flying a red swallow tailed flag, or showing a red all-round light, or firing pyrotechnics. All other water users should keep well clear for their own safety. The effect of the temporary reservation will be to prevent other activities including boating, kayaking or swimming from occurring within that area for the time specified. Event marshalls have the authority to require other users to vacate these areas as required. People wishing to observe the display from boats must stay outside of what is usually the waterskiing area, and over 200m away from the barge. They should carry a fire extinguisher, cover exposed fuel tank vents, and show the correct navigation lights for their type of vessel. Vessels anchored nearby do so at their own risk. A number of conditions have been imposed on the organisers of the event, which may be viewed at

9 NOTICE TO WATER USERS: FIREWORKS - EXCLUSION AROUND BARGE AND RESERVATION OF TORRENT BAY Between 8am on 31 December and 8am on 1 January a 200m travelling exclusion zone exists around any Abel Tasman Sea Shuttle barge showing a red light or red flag in the Kaiteriteri Torrent Bay area. Between 9:05pm on 31 st December and 12:30am on 1 st January the waters of the Torrent Bay ski area are reserved for a public fireworks display (as shown below). Firing will commence at midnight. Event staff have authority to require other users to vacate these areas as required. People wishing to observe the display from boats must stay out of the waterski area, and over 200m away from the barge. They should: carry a fire extinguisher, cover exposed fuel tank vents, and show the correct navigation lights for their type of vessel. Other conditions have been imposed and may be viewed at Event organiser/ pyrotechnics handler: Dave Craig,

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