Tauranga City Council adopts new beaches bylaw, but nude bathing rules not included

The updated bylaw, which replaces the Beaches Bylaw 2007, will come into force from December 1. Photo / File

Tauranga City Council has this week adopted a new beaches bylaw, which includes rules for driving on the beach, fires, long-line/kontiki fishing devices and drones.

Rules relating to nude bathing have not been added to the Beaches Bylaw 2018, with the council saying: "Lewd behaviour is a police matter and is best managed through existing national legislation."

The practices of nude sunbathing and "meerkatting" on a section of Papamoa Beach were discussed in a council meeting in May, with a councillor saying it was an issue that residents regularly raised with him.

The updated bylaw, which replaces the Beaches Bylaw 2007, will come into force from December 1.

It states that driving an all-terrain vehicle (ATV) on the beach is only allowed for recreational fishing and a permit is required.

Access to the beach for those vehicles remains at 105-107 Karewa Parade and the ATVs can only be driven between the access point and the Kaituna River.

The bylaw also says that any vehicle launching or removing a craft from the water must stay within 50m of any designated boat ramp and vehicles must not be parked on the beach.

Any vehicle that is in breach of the bylaw may receive a fine of $150.

Meanwhile, long-line/kontiki fishing devices can be used anywhere along the beach, but not between the hours of 10am-5pm from December 15 to February 15 each year.

The devices also cannot be used within 300m of any flagged lifeguard area.

If an ATV is used to transport the fishing device onto the beach, the new ATV rules apply.

Recreational fisherman Tony Kinzett challenged the new restrictions on long-line fishing during a council committee meeting in July, arguing there was no clear evidence of problems.

The new bylaw allows fires to be lit below the high tide mark between 5am and 10pm, "using wholly combustible materials only".

Under the previous bylaw, fires were allowed between 5am and 11pm.

The fire must be less than one metre in diameter, be under supervision at all times, be fully extinguished with water before leaving the beach, and all litter and debris removed.

The council said a total fire ban implemented by Fire and Emergency New Zealand would override the fire rules in the bylaw.

Council staff earlier proposed a blanket ban on beach fires but councillors decided against it.

Drones are now excluded from the definition of an aircraft, which means they can be used on the beach under the new bylaw. However, Civil Aviation Authority rules still apply.

The Beaches Bylaw 2018 states that any commercial activity on the beach requires a council licence, and all temporary and permanent structures require council permission.

However, things like umbrellas, gazebos and sandcastles are not defined as structures for the purpose of the bylaw.

All of the proposed changes underwent community consultation in May and June and hearings on submissions were held in July.