The Northland Regional Council is prosecuting Bernard Philbrick for alleged breaches under the Regional Coastal Plan.
The Northland Regional Council is prosecuting Bernard Philbrick for alleged breaches under the Regional Coastal Plan.
Northland's environment watchdog is taking a yachtie to court for allegedly anchoring his 20-metre ketch in the Whangarei Harbour over the time limit.
The Northland Regional Council is prosecuting Bernard Philbrick for alleged breaches under the Regional Coastal Plan which stipulates vessels must not anchor in coastal waters for morethan 14 consecutive days, unless in a designated area such as a marina berth.
Both parties head to the Whangarei District Court in October.
Meantime, the Environment Court has ordered Mr Philbrick to stop anchoring his vessel, Rose Maree, for more than 14 consecutive days in the harbour. The council applied to that court to prevent him from allegedly breaching the plan.
Mr Philbrick argued that he anchored safely and with exemplary seamanship, that the harbour was not an estuary for the purposes of the relevant rules, and council assertions that he could acquire or lay moorings in a legally compliant way were incorrect. He lived on board with another person or persons for a substantial period and worked at a nearby boatyard.
Mr Philbrick said he was amazed the council would define the entire Whangarei Harbour as an estuary and there was no such reference in the Regional Plan, sailing directions, nautical charts or any maps.
Whangarei Harbour is categorised by the National Institute for Water and Atmospheric Research (Niwa) as a drowned valley estuary but Mr Philbrick said there was arguably more than one estuary.
He said his vessel had a maritime-compliant riding light when anchored at night, strong heavyweight anchoring tackle, his activities were unlikely to lead to a proliferation of anchoring in the Hatea River/Kioreroa Reach, and his operation was conducted safely.
