Northland council seeks $17,000 from Rose Maree yachtie

This 20-metre ketch Rose Maree is at the centre of a protracted legal stoush between the its owner Bernard Philbrick and the Northland Regional Council. Photo / Northland Regional Council

The Northland Regional Council wants to bankrupt a yachtie to recover more than $17,000 in costs incurred during court proceedings.

In late 2014, the NRC applied to the Environment Court for enforcement orders against Bernard Philbrick to prevent him from anchoring his 20m ketch Rose Maree in the Whangarei Harbour for longer than allowed under the Regional Coastal Plan.

The plan stipulates vessels must not anchor in coastal waters for more than 14 consecutive days, unless in a designated area such as a marina berth.

The shaded rectangle shows the approximate area Rose Maree was observed moored by Northland Regional Council officers. Photo / Northland Regional Council

Mr Philbrick's ketch was regularly seen and photographed by NRC officers in an area of 600m by 100m of the Hatea River often close to the Norsand boatyard on Fraser St where he worked at the time.

Mr Philbrick lived on board with another person or persons for substantial periods of time, the council found.

In June 2015, the Environment Court ordered him to stop anchoring the Rose Maree in a manner that breached the Regional Coastal Plan and for him to pay NRC $17,336 in legal and other costs.

Mr Philbrick claimed he had no money to pay the costs but did not provide any evidence.

When the NRC obtained a bankruptcy notice against him from the High Court, he filed an application to set aside the notice. A half-day hearing on his application will be held on February 7.

In the Environment Court, Mr Philbrick argued 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 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 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.

The Environment Court said such claims were beside the point. Permanent anchorage, it said, was not an issue but rather breaches of the rule.

Mr Philbrick said after mooring for a maximum of 14 days, he needed to shift his ketch and return to the same spot less than 24 hours later but the court said the no-return timeframe should be more than 24 hours.

He claimed he shifted his ketch within the area and also long distances to the Whangarei Heads, Great Barrier Island, and elsewhere. Attempts to contract Mr Philbrick for comment have been unsuccessful.