Recreational Water Activities – How to ensure safety on the Water
Recreational boating and water activities are widely undertaken throughout New Zealand Correspondingly it is common to see headlines of recreational users running afoul of safety requirements, often causing preventable incidents with tragic results, including collisions, groundings, strandings, or sinkings. Many of these accidents occur because users are unaware of, or fail to follow, maritime rules and local harbour bylaws.
Given typical recreational boat use does not require any licensing or certification, the risks associated with small motorboats are especially high, emphasizing the importance of recreational skippers having a firm understanding of the requirements for safe boating. These requirements come under four basic headings:
Maintaining a Proper Lookout
New Zealand is a party to the International Convention for Regulating and Preventing Collisions at Sea (COLREGs), which requires all vessels to maintain a proper lookout at all times. This means remaining continuously alert for other boats, swimmers, hazards, and obstacles.
This applies while underway, drifting, and sometimes at anchor, if there are prevailing indications of risk. We note though that MNZ has in the last couple of years shifted their position on anchor watches, in that they no longer require it as a default position while a vessel is at anchor; it is important that skippers review the prevailing and incoming conditions and make an informed decision as to whether an anchor watch is required rather than relying exclusively on the absence of a strict requirement to maintain an anchor watch.
Travel at a Safe Speed
A safe speed is determined by the skipper and should consider the amount of traffic, sea conditions, and visibility. In addition to this, specific speed limits apply in certain situations:
To protect swimmers and other users close to shore, vessels must not exceed 5 knots within 200m of the shoreline. This restriction is commonly marked by buoys but applies regardless of signage. The same speed limit applies in open water when within 200 meters of a vessel displaying a diver’s flag.
A vessel must also reduce speed to 5 knots when within 50 meters of any other boat, where swimmers are present, or if anyone on board has any part of their body outside the edge of the boat.
Right of Way and Give Way Rules
Clear right of way rules exist to reduce the risk of collision. Skippers must make early and obvious maneuvers so that there is no confusion.
A common example is, when two powerboats are crossing, the vessel that has the other on its starboard (right-side) must give way. When meeting head-on, both vessels must turn starboard.
Powerboats must give way to all sail, paddle, or rowing vessels, unless overtaking.
Different rules apply to other vessel types, such as sail boats. These can be found on Maritime New Zealand's Rules on the Water guide.
Keep Clear of Big Ships
Large vessels travel fast and have restricted manoeuvrability and limited visibility from the bridge. For this reason, smaller crafts must remain at least 500 metres clear, keep as far to starboard as possible in channels, and must not anchor in channels.
While the rules above cover some common scenarios, they are not exhaustive. Ensuring safety on the water requires ongoing awareness of maritime rules and how they apply to your vessel and activity – making New Zealand’s waterways safer for everyone.
By adhering to these simple requirements and maintaining a pragmatic and sensible approach to boating, recreational water users can enjoy the water in a manner which is safe not only for them but for other water users. As maritime legal experts in New Zealand, Dawson & Associates has enormous experience in providing maritime-specific legal advice to a wide range of clients across a broad number of topics. If you have any questions about safe navigation and vessel operation, in a recreational or commercial context, please contact Peter Dawson on +64 27 229 9624 or peter@maritimelaw.co.nz, Troy Stade on +64 27 368 6730 or troy@maritimelaw.co.nz, or Petrina Sheldon on +64 22 605 9505 or petrina@maritimelaw.co.nz.