Tutukaka Marina Rules

In these Rules unless the context otherwise requires:

“Berth Holder” means the licensed Berth Holder

“Manager” means such person appointed to manage the Marina and includes staff employed by the Trust

“Marina” means the Tutukaka Marina

“Renter” means non licensed berth holders and includes sub-licensees

“Trust” means the Tutukaka Marina Management Trust.

Rules and Regulations

The Berth Holder/Renter shall comply and shall procure that persons under the control of the Berth Holder/Renter shall comply with any rules and regulations promulgated by the Trust or its Manager from time to time governing the efficient, safe and harmonious use and conduct of the Marina.

Use of Facilities

The Berth Holder/Renter may use the water, power and any other facilities provided on the structures in common with any other Berth Holder/Renter on an occasional basis only. If the Berth Holder/Renter requires more regular use of such facilities special arrangements must be made with Trust and there will be an extra charge to cover the costs thereof.

A permanent power request form for unattended single appliances without an electrical warrant of fitness must be completed if power is being used on more than a casual basis. All vessels hard-wired for power must have a current electrical warrant of fitness.

Rent

The Renter agrees to pay the rental of the berth to the Trust monthly and upon demand. The Trust may alter the rental rate by the giving of one month’s written notice of the revised rental rate. A late payment fee may be charged for rent unpaid after fourteen days from its due date.

PEOPLE living aboard their boat within the Marina shall pay a levy as set by the Trust monthly and upon demand. The Trust may alter the levy by giving one month’s written notice of the revised rate. A late payment fee may be charged for any levy unpaid after one month from its due date.

Insurance

The Berth Holder/Renter must at all times keep all boats, craft and other property owned or brought into the Marina fully insured against loss or damage. The Berth Holder/Renter must also keep current at all times adequate public liability insurance cover against death and/or bodily injury to persons and loss of or damage to property arising out of use of water craft within the Marina. The Trust may from time to time specify the required amount of public liability insurance. If requested by the Manager the Berth Holder/Renter must make available copies of these insurance policies and provide satisfactory evidence of their currency.

Indemnity by the Berth Holder/Renter

The Berth Holder/Renter agrees to occupy and use the berth at the Marina at the Berth Holder’s/Renter’s risk and will indemnify the Trust against all actions, claims, demands, losses, damages, costs and expenses for which the Trust shall or may be or become liable in respect of and arising from :-

Negligent use, waste or abuse by the Berth Holder/Renter or persons under the control of the Berth Holder/Renter of any water, fuel storage, sewerage outlets, electricity, oil, lighting or other services and facilities situated within or about the Marina.

Loss, damage or injury from any cause whatever to property or persons caused or contributed to by the use of the berth or the Marina by the Berth Holder/Renter or persons under the control of the Berth Holder/Renter.

Loss, damage or injury from any cause whatever to property or persons within the Marina caused or contributed to by any act, omission, neglect, breach or default on the part of the Berth Holder/Renter or persons under the control of the Berth Holder/Renter.

Restrictions on Use

NO PERSON SHALL:

1. Berth or knowingly permit to be berthed any vessel in the Marina unless the vessel is licensed to occupy such berth or otherwise has permission in writing from the Trust or from the Manager

2. Except in the case of an emergency, sail in the Marina

3. Deposit or discharge into the waters of the Marina any substance of any kind whether liquid or solid including (but not by way of limitation) bilge or toilet contents

4. Permit or allow any property, gear or equipment under their control or direction to be stored on the Marina including the walkways, fingers or foreshore thereof without the express permission of the Manager

5. Erect any structure within the Marina nor attach any item to any piles, piers or walkways without the consent of the Manager

6. Anywhere in the Marina and whether or not on or from any vessel:

a. Solicit for business without the prior written consent of the Manager.

b. Advertise any vessel for sale without the prior written consent from the Manager.

c. Use his boat address in the Marina for commercial purposes.

d. Swim, dive or fish

e. Operate any model boats

f. Hang any laundry

7. Navigate any vessel on the water at a speed greater than five knots or in such a manner that the vessel’s wake causes damage or discomfort to other property or persons

8. Engage in any conduct that adversely affects the peace, enjoyment or privacy of berth holders/renters

9. Keep pets or animals in such a way that adversely affects the peace, enjoyment or privacy of berth holders/renters

10. Moor any vessel other than at a Marina berth pursuant to an authorisation lawfully given under a licence or pursuant to these Rules

11. Leave in any place in the Marina, except in the containers provided, any waste oil or other waste liquids

Keep Tidy

The Berth Holder/Renter shall keep the berth and other areas within the Marina used by the Berth Holder/Renter in a clean and tidy state and prevent accumulations of rubbish or storage of any property.

No Noxious Use

The Berth Holder/Renter will not:

bring upon or store in any boat, yacht or vessel or within the Marina anything which may create a fire hazard, or any machinery, goods or things of an offensive, noxious, illegal or dangerous nature, or of such weight, size or shape as is likely to cause damage to any part of the Marina which would vitiate insurance cover held by the Trust.

Nuisance

The Berth Holder/Renter shall not cause or bring about the cause of any nuisance or annoyance to other Berth Holders/Renters, users, invitees, or members of the public and in particular shall not commit, permit or suffer on or about the Marina any act which may constitute such a nuisance or annoyance to such persons or to any neighbouring properties including in particular but not limited to ensuring that all reasonable precautions are undertaken to minimise noise levels from the action of halyards and any other such apparatus installed on pleasure and commercial craft.

ANY PERSON who is involved in any incident in the Marina whereby any damage is done to any property whatsoever not owned by the person causing such damage shall report such damage to the Manager as soon as possible.

THE Berth Holder/Renter of any vessel berthed in the Marina shall at all times ensure:

1. That the fittings on such vessel are of suitable strength, design and condition to adequately secure the vessel

2. That all mooring lines are in a suitable condition and suitably protected from wear to adequately secure the vessel at all times.

3. That if mooring ropes are replaced by the Trust for the safety of a vessel, the Berth Holder/Renter may be charged for replacement ropes in some instances.

THE MANAGER shall be entitled in the absence of the owner or Master of a vessel and in order to prevent any damage to any property to enter such vessel and move the vessel or carry out repairs to the vessel; and any expense incurred by the Manager or the Trust pursuant to the exercise of the powers in this clause shall be a debt due to the Trust by the owner or the Master.

THE MASTER, owner or other person in charge of the vessel in the Marina shall obey the directions of the Manager made for the proper management of the Marina.

Security and Safety

The Berth Holder/Renter acknowledges and accepts that Trust shall not be responsible for the security of the Berth Holder’s/Renter’s boat, yacht or vessel nor for any theft of property, the safety of any boats, yachts or vessels or persons using such boats, yachts or vessels within the Marina or for the securing and safety of any pleasure or commercial craft used in respect thereof.

Compliance with Statutes, Regulations, Notices

The Berth Holder/Renter will fully comply with the provisions of all statutes, ordinances, regulations, by-laws, orders, proclamations or other laws governing or controlling the berthing of pleasure or commercial craft and usage of marinas and wharves and will also comply with the provisions of all licences, requisitions and notices issued, made or given by any competent Authority from time to time in respect of the Berth or its use by the Berth Holder/Renter or other occupant and without limiting the foregoing shall comply with the directions of the harbourmaster or enforcement officer exercising his authority and all relevant resource consents.

Penalty Section

Non compliance with the rules of the Trust in this document will result in the Berth Holder/Renter receiving a written notice to remedy the breach within one month and if the Berth Holder/Renter fails to remedy the breach within this period the Berth Holder’s/Renter’s licence to occupy the berth will be revoked. In addition, the Trust may lock and or, impound the vessel at the berth and shall not be required to release it until all charges and debts owing are paid.

THE Trust without notice, may without there being any obligation to do so remedy any breach of the Berth Holder/Renter and the Trust shall be entitled upon demand to recover from the Berth Holder/Renter reasonable costs and expenses incurred in remedying the breach.

Differences and Disputes

The Trust and the Berth Holder/Renter acknowledge that they wish to avoid or minimise differences and disputes under these Rules. The parties therefore agree that if any difference or dispute arises between them over the interpretation of the Rules, they will actively, openly and in good faith discuss that difference or dispute with a view to achieving a prompt resolution.