From: Jim Lyle
Sent: Wednesday, 6 October 2010 4.29pm
To: 'lgibson@doc.govt.nz'
cc: Jason Dawson; Joce Yeoman; Matt Johnson; Susan Halliwell; Rachel 
Ropiha; Laura Shaft; Ian Crayton-Brown; Chris Powell; James Harvey; 
Craig Gardner; Tony Phipps

Subject: RE: Kiteboarding in the Ruakaka Wildlife Refuge

Hi Lynnie,

Thanks for the information and the chance to comment. I have had ongoing 
dealings with both parties over the last few years, and recent lengthy 
conversations with both Bev Woods and Dave Kay on the subject.

My explanation to both is that the Regional Council Navigational Safety 
Bylaw 2007 is just that, a navigation safety device. It's directly relevant 
to boating safety on the water, and applies to the whole of Northland. 
The particular section of concern, 3.2.5 (f) exempts those carrying out 
board sports from the requirements to keep under 5 knots within 200 meters 
of the shore. The reason for this exemption is practical, without the 
exemption no board sports could be carried out in Northland. The decision 
to add this clause to the bylaws was made after consultation and a final 
judgement made by a panel of councillors considering the different views.

In the case of the Ruakaka estuary, there is obviously some friction 
between the kite-boarders and the wildlife protection groups, and the 
bylaw is continuously raised as a reason to stop kite boarders. We have 
sent out an officer on a number of occasions after hotline calls regarding 
safety, and had lengthy dealings with Dave Kay over safety procedures. 
We can find no fault with their on water safety procedures.

The result of these observations and discussions is that we do not 
consider that the issue is a navigational safety issue. Much as I 
sympathise with Bev Woods' views, I have explained to her that I do 
not think this is a bylaw issue. It is up to DOC to decide if there 
is a wildlife issue, and take appropriate steps within the estuary. 
I do not think it would be possible to revoke the exemption to the 
5 knot rule for just the Ruakaka estuary and for Kite boarders.

Please let me know if you need anything clarifying, or give me a call 
to discuss.

Best regards,

Jim Lyle
Harbour Master
Ph 09 402 7516