From: PAUL CAFFYN To: Mailroom Mailbox Subject: Submission re Canterbury Regional Council Navigation Safety Bylaw 2016 Date: Monday, 2 May 2016 4:39:49 p.m. Attachments: ECan nav bylaw sub 5.16.docx ATT00001.htm Fatality 1-1983 - 252016.xls ATT00002.htm Please find attached a submission from the Kiwi Association of Sea Kayakers on the CRC Navigation Safety Bylaw 2016, and a spreadsheet containing paddlecraft fatality statistics. KASK wishes to be heard in support of its submission. KASK has no issue with respect to my (KASK) contact details being made public. Yours sincerely Paul Caffyn NZOM KASK Safety and Publications (03) 73 11 806 kayakpc@xtra.co.nz 1843C Coast Rd RD 1 Runanga 7873 West Coast
To: Canterbury Regional Council Email: mailroom@ecan.govt.nz Dae: 2 May 2016 Submission in respect of the Draft Canterbury Regional Council Navigation Safety Bylaw 2016, in particular with respect to recreational craft under 6m in length, and exemptions applying the wearing of PFDs (Lifejackets) {Part 3 Section 5 Personal Flotation Devices (2) (c)} SPECIFIC CLAUSE OF THE DRAFT BYLAW SUBJCT TO THIS SUBMISSION Statement of proposal - Draft Canterbury Regional Council Navigation Safety Bylaw 2016 Part 3 General navigation safety requirements 5 Personal Flotation Devices Requirement to wear personal flotation devices (1) Every person on board a recreational craft that is 6 metres or less in length shall wear a properly secured personal flotation device of an appropriate size for that person when the vessel is underway. Explanatory note: For the sake of clarity, this Rule continues the requirement for the compulsory wearing of PFDs on small vessels in the Canterbury Region. Requirements for the carriage of PFDs on all vessels and the wearing of PFDs on all vessels in certain situations, found in Maritime Rules Part 91, remain and must be complied with. Exemptions (2) Except when otherwise directed by the Harbourmaster, an enforcement officer or a Constable, subclause (1) shall not apply to: (a) persons exempted under the provisions of Maritime Rules Part 91 or by the Director of Maritime New Zealand from a requirement to carry or wear a personal flotation device; b) persons on unpowered vessels on the Avon River/Ōtākaro between Antigua Boat Sheds and the footbridge near the Botanic Gardens Café; (c) persons on board a recreational craft that is less than 6 metres in length and which is propelled solely by oars or paddles when the vessel is underway provided that the person in charge of the vessel (i) is over the age of 15 years; and (ii) considers that conditions are such that there is no significant increase in the risk to safety to any person through not wearing a personal flotation device; and (iii) has expressly given permission for personal flotation devices not to be worn. Submitter: KASK - Kiwi Association of Sea Kayakers (NZ) Inc. Address: PO Box 23, Runanga 7873, West Coast Phone: (03) 73 11806 1
email: kayakpc@xtra.co.nz (or kask.admin@xtra.co.nz) web: KASK.org.nz SUBMISSION 1. KASK submits that the exemptions as shown in red (above) should be deleted, so as to follow the navigation safety bylaws as set in place by other NZ regional councils such as Environment Waikato and as recommended by the MNZ-hosted Safer Boating Forum. 2. KASK fully supports the mandatory wearing of PFDs in all recreational craft under 6m in length, unless the skipper of that craft deems there to be such a low risk that they may be removed. 3. KASK also submits that the mandatory carriage of PFDs should not differ as to whether the recreational craft is stationary or underway. 4. KASK does not object to the first two exemptions, 2a or 2b. 5. KASK submits that the only exemptions that should apply to recreational paddle craft would be for racing kayaks (K1, K2, or K4 kayaks) when PFDs are neither carried nor worn. Also exemptions to the mandatory PFD wearing would apply to organized events where safety vessels are available. 6. KASK submits that SUP (Standup Paddle Board) users should wear a PFD, and that the bum bag inflatable PFD is accepted complying with the mandatory wearing of a PFD rule/regulation. 7. KASK submits that the exemptions (shown in red) weaken the emphasis on the mandatory wearing of PFDs. BACKGROUND 8. My name is PAUL CAFFYN. I am the Safety and Publications Officer for the Kiwi Association of Sea Kayakers (NZ) Inc, otherwise known by its initials as KASK. 9. Analysis by KASK of recreational paddle craft fatalities from 1983 2016 shows that of 48 fatalities, PFDs were not worn in 23 (47.9 %) incidents, worn in 18 (37.5 %) incidents with seven not known (14.6 %). An attached Excel spreadsheet file Fatality Statistics shows a listing of the 48 fatalities. PFDs PFDs worn: 18 37.5% PFDs uncertain: 7 14.6% PFDs not worn: 23 47.9% 2
10. Recreational sea kayakers, particularly those belonging to kayak clubs, networks or organizations, are already conscientious wearers of PFDs, and the proposed exemption change will not affect them. However, given the rapid increase during the past few years of the cheaply produced plastic sit-on-top kayaks, and the likelihood sit-on-top paddles will not join a kayak club, publicity of the mandatory wearing of a PFD rule will help ensure that sit-on-top kayak paddlers are aware of the requirement to wear a PFD. 11. There have been several sit-on-top and recreational kayak fatalities and many near misses whereby backpacker accommodation providers have loaned (or rented) kayaks to backpackers without providing or ensuring that paddlers wear a PFD. Widespread publicity of the mandatory wearing of a PFD rule will help ensure that accommodation providers instruct kayak paddlers (in loaned kayaks) of the obligation to wear a PFD. Paul Caffyn 2 May 2016 Background to KASK 12. KASK is the national body for recreational sea kayaking in New Zealand. It is a member of the MNZ hosted Safer Boating Forum, Water Safety New Zealand (WSNZ). Its aims and objectives are: - to promote and encourage the sport of sea kayaking in New Zealand - to promote safety standards - to develop techniques and equipment - to deal with issues of coastal access and protection - to organise an annual sea kayak forum - to publish a bi-monthly newsletter Incorporated in 1992, KASK as a national body supports, promotes and represents the interests of 12 sea canoe/kayak clubs or networks, which extend throughout the country from the Invercargill-based Sea Kayak Network to the Northland Canoe Club, which is based in Whangarei. KASK Safety Initiatives 13. In 1996 KASK produced a manual for sea kayaking in New Zealand. This 200 page manual, now in its fourth edition (2008), is accepted as best practice for recreational sea kayaking in New Zealand. It is provided gratis to new members of KASK, and sold both through kayak retailers and bookshops throughout New Zealand. It is used as a syllabus for paddlers undertaking sea kayak guide qualifications, and class sets are used both at high school outdoor education classes and in polytech. courses. 14. In 2004, KASK produced a glossy brochure titled A Basic Guide to Safe Sea Kayaking. Printing was funded by a WSNZ grant, with distribution of 50,000 brochures in the first 18 months. It was updated in late 2007 with a further 50,000 copies printed. The aim is to have this entry-level sea kayak brochure distributed with every new recreational kayak sold in New Zealand. 3
15. KASK maintains a database of all recreational kayaking incidents that have involved injury, a fatality or rescue by Police, helicopter or Coastguard since 1982. This has been achieved with help from both WSNZ and MNZ. 16. Statistical analysis of the KASK incident database in 2007 was undertaken with WSNZ funding by Tauranga travel doctor Iona Bailey, to enable assessment of the key causal factors contributing to recreational sea kayaking incidents. Dr Bailey compiled a 33 page report titled An analysis of sea kayaking incidents in New Zealand 1992 2005, which was first presented in February 2008. Conclusions from the report have allowed the development of safety initiatives and target publicity of key causal factors. 17. Since 2003, KASK has been compiling and supplying affidavits to coroners involved in inquests for recreational kayaking fatalities. Invariably, coroners include recommendations made in KASK affidavits, which are then picked up and given wide coverage in media reports. 18. The 24 page bimonthly NZ Sea Canoeist magazine is emailed to regional harbour masters, MNZ staff, Police search and rescue staff, RCCNZ, WSNZ, and national bodies involved with aspects of recreational paddle craft, such as NZOIA. 19. KASK organizes a national annual forum and helps co-ordinate and publicize smaller regional forums throughout New Zealand where practical on the water instruction and safety lectures are always incorporated. KASK has gained funding for, and organized overseas instructor coaching/instruction throughout the country. Attachment: KASK Incident Database Fatality Statistics 1983-2016 - Excel spreadsheet 4
KASK Incident Database Fatality Statistics 1983-2011 KASK INCIDENT DATABASE - FATALITY STATISICS 20 January 1983 to 30 April 2016 Group or Fatality PFD Comms Nation- Date Solo Sex Nos. Cause Activity Worn Carried Region Age ality Notes Craft type 20/1/1983 Solo M 1 Drowning kayak - lake No Nil Auckland 17 NZ capsize rec. kayak 12/2/1983 Solo M 1 Drowning kayak - sea Yes Nil Auckland 22 NZ gulf capsize rec. kayak 3/2/1986 Solo M 1 Drowning kayak - sea No Nil Southland 64 NZ estuary capsize rec. kayak 27/7/1987 Solo M 1 Drowning kayak -sea- fishingno Nil Northland 16 NZ check nets rec. kayak 12/9/1989 Solo M 1 Drowning kayak - sea Yes? Tasman 22 tourist rental sea kayak sea kayak 17/10/1991 Grp of 2 M 1 Drowning kayak - sea Yes? Tasman 34 not known capsize, swim not known 14/8/1993 Solo M 1 Drowning/hyp kayak - sea No Nil Otago 17 NZ harbour capsize canoe? 14/3/1997 Grp of 2 F 1 Collision/jet skkayak- sea? Nil Wellington 17 Indian? commercial sit-on-top 10/1/2000 Solo M 1 Drowning kayak - sea? Nil Tasman 28 NZ epilectic fit? rec. kayak 2/3/2000 Grp of 2 M 1 Drowning kayak - sea No Nil Canterbury 27 NZ shark? sea kayak 4/10/2000 Solo M 1 Drowning kayak - sea - fishinno Nil Auckland 26 NZ capsize sit-on-top 6/11/2001 Solo M 1 Drowning kayak - sea - fishinno Nil Bay of Plent 15 NZ canoe? capsize? 22/1/2002 Solo M 1 Drowning kayak - sea - fishinno Nil Taranaki 44 NZ kayak capsize? 10/12/2002 Solo M 1 Drowning kayak - sea No Nil Canterbury 24 NZ tri.boat training triathalete boat 9/12/2003 Solo M 1 Drown/hyp kayak - sea? Nil Stewart Is 56 German rec. kayak Otter 2.9m long 4/1/2004 Solo M 1 Collision/ ski bkayak - sea? Nil Nelson 30 NZ collision ski boat sit-on-top 20/2/2004 Grp of 2 M 1 Drowning kayak - sea No Nil Northland 41 NZ capsize rec. kayak 26/9/2004 Grp of 3 M, M 2 Drowning kayak -sea - fishin No (2) Nil (2) Gisborne 27, 27 NZ estuary sit-on-top 3/11/2004 Solo M 1 Drowning kayak - sea Yes Yes Nelson 37 NZ Cable Bay sea kayak 5/11/2005 Solo M 1 Drowning kayak - sea - fishinyes Nil Tasman 34 UK sea sit-on-top 11/10/2006 Grp of 2 M 1 Drowning kayak - river Yes? Waikato 68 NZ river gorge sit-on-tops 1/11/2006 Solo M 1 Drowning kayak - sea -fishin Yes Nil Bay of Plent 39 NZ sea rec. kayak 9/2/2007 Solo M 1 Drowning kayak - sea No Yes Fiordland 39 Australia ocean crossing sea kayak 27/5/2007 Solo F 1 Drowning kayak - lake Yes Yes Waikato 34 NZ lake capsize sea kayak 19/8/2007 Grp of 2 M 1 Drowning kayak - river?? Bay of Plent 23 USA swollen river? 2/.5/2008 Grp of 2 M 1 Drowning canoe - lake No Nil West Coast 45 NZ duck shooting Canadian canoe 2/7/2008 Grp of 4 M 1 Drowning waka ama - sea No Nil Bay of Plent 33 NZ race training outrigger canoe 8/11/2008 Grp of 2 M 1 Drowning canoe - river No Nil West Coast 32 NZ river Canadian canoe 11/12/2009 Grp of 2 M 1 Drowning kayak -sea - fishin No Nil Coromandel 24 NZ sea sit-on-top 5/4/2010 Solo M 1 Drowning kayak - river?? Southland 45 NZ Mararoa R capsize? 29/6/2010 Solo M 1 Drowning kayak - sea No Nil Bay of Plent 70 NZ Ohiwa Harbour sit-on-top 6/12/2010 Grp of 2 M, M 2 Drowning kayak - lake Yes(2) Yes (2) Otago 21, 24 French Lake Wakatipu rec. kayak 5/3/2011 Solo M 1 Drowning kayak - sea - fishinno Nil Northland 30 NZ river mouth sit-on-top 10/8/2011 Grp of 2 M 1 Presumed Dr. kayak - sea No Nil Wellington 19 NZ Wellington. Hbr.? 29/8/2011 Solo M 1 Presumed Dr. kayak - lake - fish No Nil Otago 25 German Lake Hawea rec. kayak 21/12/2012 Solo M 1 Drowning kayak - lake Yes Nil Southland 22 Italian Lake Te Anau *old rec. kayak File Fatality to 3. Nov 11 Recreational Paddle Craft Fatalities
KASK Incident Database Fatality Statistics 1983-2011 1/12/2013 Grp of 2 M, F 2 Drowning kayak - lake Yes(1) Nil (2) Bay of Plent 40, 6 Chinese father, daughter *old rec. kayak 13/01/2014 Grp of 2 M 1 Drowning kayak - sea - No Nil Gisborne 25 NZ couple? 22/12/2014 Solo M 1 Heart Attack kayak - lake?? Waikato 51 NZ lake; heart attack? 7/1/2015 Grp 4 or 5F 1 Drowning sea - harbour Yes (belt)? Waikato 15 NZ dragged under yacht SUP* 10/2/2015 group M 1 Heart attack sea - tourist Yes Yes Tasman 30 UK Bark Bay ATNP sea kayak 20/2/2015 solo M 1 Heart attack kayak -river - fishiyes Nil Southland 51 NZ Waiau R mouth rec. kayak 22/2/2015 solo M 1 Heart attack kayak - sea -fishin Yes? West Coast 51 NZ Tauranga Bay rec. kayak 25/9/2015 Grp of 11M 2 Drowning kayaks lake Yes (2) Nil (2) Canterbury 20, 21 USA, GB Lake Tekapo sea kayaks * rec. kayak (recreational) large cockpit kayak under 3.5m in length, no integral buoyancy. * stand-up paddle board IncidentsFatalities Age Range Nos Percentage TOTAL for 33 years 44 48 5-13 1 2.1% 14-19 7 14.6% SUMMARY 20-29 17 35.4% 26 solo paddlers 18 groups including one sit on top with three paddlers 30-39 11 22.9% 2 paddlers killed by boat/jet ski collisions 40-49 5 10.4% 10 fishing trips with 11 drownings 50-59 4 8.3% 60-69 2 4.2% PFDs 70 + 1 2.1% PFDs worn: 18 37.5% 48 100.0% PFDs uncerta 7 14.6% PFDs not wor 23 47.9% To date : P. Caffyn 4/11/2015 Emergency Communications carried 6 12.5% unknown 8 16.7% not carried 34 70.8% 4 female paddlers, one 6 year old girl, rest male paddlers One offshore waka ama fatality Two canoeing fatalities, one lake and one river Age range 20-39 years worst for fatalities File Fatality to 3. Nov 11 Recreational Paddle Craft Fatalities