Mana Marina Rules and Conditions of Use
+ Standard Terms of Trade
When a vessel enters Mana Marina, it immediately comes under the general jurisdiction of the Marina Management and the following Marina Rules and Conditions of Use, which must be observed to ensure your safety and enjoyment of our Marina facilities. Berth occupiers must comply with the instructions of the Company and its employees while in the Marina. Berth occupiers are responsible for ensuring that their passengers and invitees comply with these Rules:
SIGNS
Signs relating to the use of the Marina and directions issued by Mana Marina are to be observed.
LEGAL COMPLIANCE
All vessels in the Marina, and all activities conducted in the Marina, must comply with all applicable laws and regulatory requirements and all instructions or directions issued by any regulatory authority. All vessel operators must ensure that no unlawful activities are conducted from or on their vessel, or otherwise on the Marina grounds.
VESSEL SPEED WITHIN THE MARINA
Mana Marina is a no wake zone. Vessel speed is restricted to 3 knots. When returning to the Marina, it is good practice to reduce your speed as you approach so that you are travelling no more than 3 knots as you enter the breakwater. Please don’t be offended if our team asks you to slow down. No sailing in the Marina is permitted unless in an emergency. You must manoeuvre so as to avoid creating a danger, obstacle or inconvenience to other users or obstructing public rights of navigation and comply with all regulations relating to good navigation and the proper control of your vessel.
MOORING
All vessels must be properly and safely secured following the Marina Mooring Line Policy found on the Marina website. Please ensure no part of any vessel overhangs the pier walkway or is outside of the berth dimensions.
BERTHS
Berths may only be occupied by the vessel registered with the Marina Office. Any other vessel occupying the berth can be removed by Mana Marina and removal/berthage fees applied.
BERTH OWNERS
Berth Owners (Licence holders) should familiarise themselves with their responsibilities and the requirements of the Deed of Licence concerning the ownership of the berth.
SUBLEASE
Vessel owners with an existing rental must have their berth owner’s permission in writing to sublet their berth and are required to inform the Marina Office all relevant boat and contact details for emergency or security purposes.
COMMERCIAL ACTIVITY
The Marina, its berths, facilities, and any vessel berthed or otherwise moored in the Marina, shall only be used for pleasure boating purposes. The berth shall not be used for any commercial purpose, or purpose other than pleasure boating, unless such other use has been approved in writing by Mana Marina.
Commercial fishing boats, boats carrying passengers for hire, work boats, commercial freight carriers, or any other vessel used for commercial or industrial purposes, are prohibited from using the Marina facilities without the prior written consent of the Marina.
Commercial User Permit and Charges
Owners of Vessels berthed in Mana Marina, carrying out commercial activity, as described above, must apply to Mana Marina for a Commercial User Permit that grants consent to the owner for that vessel to carry out the commercial activity specified in the application.
The Annual Commercial User Permit expires each year on 31 July and must be renewed by re- application each year. A Commercial User Fee of $100 per month is payable for each month of the term of the Permit. Only vessels with a current valid Commercial User Permit may carry out commercial activity and be berthed in Mana Marina. Any vessel berthed in Mana Marina carrying out commercial activity without the Vessel Owner holding a Current Commercial User Permit, will be required to cease commercial activity, or leave Mana Marina. A Commercial User Permit Application form is available from the Office.
ADVERTISING
Advertising or soliciting is not permitted on any vessel within the Marina. No “For Sale” signs may be posted on any vessel, pile or piers or any other signs put up without permission from Marina Management.
INSURANCE
To stay in Mana Marina, vessels occupying a berth must hold public liability insurance cover of $5 million minimum and provide proof of currency to the Marina Office annually.
POWER CONNECTIONS
Any vessel plugged into the Marina supply must have a current Electrical Warrant of Fitness (EWOF) complying with AS/NZS 3004.2. A copy of your vessel’s current EWOF certificate must be given to the Marina Office. Power supply leads must be tested and tagged annually to comply with AS/NZS3760.
LIVE-ABOARD PERMIT
Vessel owners may stay overnight in Mana Marina on a casual basis but any person seeking to live aboard must apply for a Liveaboard Permit. For these purposes, “on a casual basis” means no more than 3 consecutive nights, and no more than 21 nights in a calendar year. Live-aboard rules and Live-aboard Permit application can be found on the Marina website.
ACTIVE MARINA
The Marina was established with the intention that boats are actively used and enjoyed. The Marina and Berths must not be used merely as a storage facility for vessels. Boat owners must, in the Marina’s sole opinion (taking into account the different seasons and weather), continuously and actively use the boat during the term of the relevant licence or otherwise obtain the Marina’s prior written approval.
RIGHT OF ENTRY
In the absence of the vessel owner, Marina staff are permitted to enter the vessel and carry out repairs to prevent damage to any property. The vessel owner will be liable for expenses incurred.
NOISE NUISANCE, DRUGS & ALCOHOL
Users of Mana Marina must not engage in conduct that is illegal, obnoxious or offensive or that adversely affects the peace, enjoyment or privacy of other Marina users or anyone else (including by generating excessive noise) or in any way interferes with or obstructs the Marina’s operations. Alcohol may only be consumed in the Marina on private vessels or licensed premises. We will not tolerate drug or alcohol intoxication or disorderly conduct! Anyone who appears to be intoxicated, has engaged in disorderly conduct and/or appears to be in a condition to potentially cause harm to themselves or others will be asked to leave the Marina.
LAUNDRY
No washing is to be hung out on your vessel at any time. Laundry facilities are provided for Marina occupants.
POLLUTION, RUBBISH & RECYCLING
No effluent, rubbish or other pollutant may be thrown, disposed of, or permitted to escape in any part of the Marina, other than by placing it in the waste receptacles provided.
Fish may be processed on board vessels in a Marina berth (provided that statutory regulations are observed), but no fish waste is to be discarded into the Marina water. Fish frames must be disposed of responsibly and are to be well wrapped if placed in Marina skips. Skip bins are for Marina waste only, and fines may be issued to illegal dumpers. Recycling is encouraged.
WASTE OIL
Waste oil must be disposed of in the waste oil containers, at the waste oil station located at the northern Rubbish and Recycling site.
BILGE WATER
To prevent bilge oil spills, make sure your boat and engine are well maintained. The following steps are recommended:
Check the engine for leaking fuel or oil and immediately repair any problems.
Stop water leaking into the boat, so you don’t need to pump the bilges out so often.
Clean up any oil in the bilges before turning on the pump.
Soak up any floating oil with absorbent material and keep a piece under the engine to soak up any leaks.
If you have an automatic bilge pump, you must always keep the bilge clean of oil.
Vessel owners identified as pumping fouled water will be liable for all expenses incurred.
DIESEL FUEL WHARF
A self-service diesel fuel pump is located on the fuel wharf. Refuelling of boats within the Marina, petrol or diesel, may only be done at the fuel wharf. Portable approved petrol containers may be transported to the fuel wharf for refuelling. Refuelling from a petrol tanker is prohibited.
SAFE REPAIR
All vessels shall be kept in good and safe repair, with adequate anodes and regular slipping and antifouling. Vessels must be seaworthy and able to move under their own power. Halyards must be secured. Vessels that do not comply will not be permitted to stay in the Marina.
Non-compliant vessels can be issued with a written notice to comply. Mana Marina can arrange for work to be done on vessels to bring them up to standard, following such notice, at the owner’s expense.
BIOSECURITY
Vessels must have a clean hull on entry to Mana Marina and must provide proof of recent slipping when asked. Full co-operation must be extended to all relevant authorities responsible for surveillance, surveys and control of unwanted or risk organisms. The Manager may exclude from the Marina any boat or equipment which is known to harbour unwanted or risk organisms until satisfactory evidence is produced to the Manager that appropriate treatment has been completed. A full copy of our Biosecurity Policy is available on our website.
PAINTING/SANDING/WELDING/GRINDING
Sanding, welding and grinding on board a vessel in the Marina is prohibited. Painting may be done with permission from the Manager. If you are intending on doing any “Hot Work” (gas cutting or welding) while your boat is in the water, you must obtain a Hot Work Permit from the Harbour Master: 04 8304160 and inform the Marina Manager.
DOGS
Dogs must be kept on a leash and under proper control. Please ensure that any fouling caused by pets is immediately and properly disposed of.
SWIMMING & FISHING
Swimming, fishing and diving are prohibited. The operation of model boats, dinghies, jet-skis, windsurfers, kayaks, etc within the Marina water space is prohibited, without prior approval of the Marina.
CHILDREN
Children under the age of 12 must be actively supervised in the Marina. It is recommended that children wear a suitable properly fitted lifejacket.
WALKWAY
Pier walkways must always be kept clear of rubbish and obstacles. Dinghies may not be left on fingers or piers. Please do not modify piers without prior approval of the Marina Manager.
LIEN
Mana Marina shall have a right of lien or charge in respect of any vessel, or other property in or about the Marina for the purpose of recovering all moneys due, whether on account of non-payment of fees, debt collection cost incurred by the Berth Owner in respect of a licence, non-payment of other moneys due to Mana Marina, recompense for damage done, or anything else.
HEALTH & SAFETY
Health and Safety is a shared responsibility of all Marina users. A copy of Mana Marina’s Health and Safety Policy is available at the Marina Office for viewing. All health and safety rules must be abided by.
REPORTING ACCIDENT OR DAMAGE
Please ensure all hazards, accidents, and damage to vessels or Marina structures are reported to the Marina Office as soon as possible. Berth occupiers are responsible for any damage to Marina property. If any vessel sinks within the marina, the owner must immediately take action to remove the vessel. If the owner fails to take immediate action, the Marina will do so and the owner shall pay all costs incurred in such removal.
FIRE FIGHTING EQUIPMENT
It is good practice to keep suitable fire extinguishers on your vessel and check these regularly. Fire hoses are located on each pier, and a fire extinguisher is available near the entrance of each pier. In the event of a fire please dial 111 and then contact the Marina Manager who will activate the Marina fire plans. There shall be no barbecues, welding equipment, burning torches or any other open flame apparatus used within the marina, or anything prohibited by the Marina’s insurance company. Gas barbecues securely mounted within the boat are acceptable.
MARINA TROLLEYS
For the convenience of others, Marina trolleys must be returned to the pier entrances marked on the trolley immediately after use.
EXCLUSION OF LIABILITY
Mana Marina (Paremata) Ltd and its employees shall not be liable for any loss or damage suffered to a person, vessel or any property within or near the Marina, however any loss or damage may have occurred. Nor shall it be responsible for the security of any vessel nor for any theft of property, the safety of any vessels or persons using them within the Marina, however the same occurs and whether or not attributable to the acts or defaults of the Marina, or its employees, agents, contractors or otherwise howsoever.
CONTRACTORS
All contractors working within the Marina must follow the Contractor Policy available on the Marina website. This includes reporting to the Marina Office upon arrival, an induction to working in the Marina, and providing a copy of their Ship Repairers (or equivalent) insurance certificate.
VEHICLES
Vehicles in Mana Marina must observe parking and speed restrictions. Parking within the Marina barriers is for Marina occupants only. Parked vehicles must have a current Warrant of Fitness and Registration. Vehicles are not to be used as storage. Abandoned vehicles can be removed at the owner’s expense. No bicycle, skateboard, motorcycle or other vehicle may be ridden on any walkway or pier.
BOAT TRAILER PARKS
The car park is for cars. The boat trailer park is for boats. Boat trailers may only be parked in a designated Boat Trailer Park. Trailers must not exceed the dimensions of their park (see Boat Trailer Park Agreement). Staying overnight on any vessel parked in a trailer park is not permitted. All trailerable vessels must refuel at a service station. Filling a fuel tank of any sort in the boat trailer park is prohibited.
MARINA ACCESS CARDS
Access cards to Marina facilities are authorised for use by current Marina account holders or registered Contractors only. Access cards must not be given to third-parties to access Marina facilities — any cards used in this way will be immediately cancelled. Cards should be surrendered to the Marina Office at the conclusion of service with the Marina. Access cards are non-refundable.
STANDARDS & PRACTICES
The Marina is a great community facility and place of enjoyment and we expect our members to show respect and consideration of others. Marina rules and policies, forms and applications can be found at www.manamarina.co.nz. The Marina may amend these Rules from time to time by altering the copy of the Rules displayed at the entrance to the Marina office.
Mana Marina Standard Terms of Trade
DEFINITIONS
Mana Marina – means Mana Marina (Paremata) Ltd
Customer – means the person or entity purchasing or agreeing to purchase the product
You/your – means you as the person (the Customer) agreeing to purchase the product
Charges – means all the charges payable by you to Mana Marina for the product and includes GST
Product – any product or service provided by Mana Marina for which fees are charged and includes Berth rental, Licenceholder (Berth Owner) fees, Berth Transfer Fees, Boat Trailer Park Rental, Live-aboard Charges, Power charges, Sundry products, etc
Terms – means these Terms of Trade, as altered by Mana Marina from time to time
These Terms apply to the transactions between Mana Marina and you, the customer, when purchasing, or agreeing to purchase, a product. Purchasing or agreeing to purchase a product from Mana Marina means you agree to these terms. It is your responsibility to read and understand these terms. Failure to do so does not exempt you from any liability and is at your own risk. You also agree to the Marina Rules and Conditions of Use, and any additional Terms and Conditions applying to the product you purchase.
PRICES
You will be charged for the Product at the current price for that product listed by Mana Marina, or at such a lesser price that is agreed by Mana Marina, prior to commencing the agreement. Prices quoted include GST, unless otherwise stated.
PAYMENT
Payment for the Product will be made against an invoice issued by Mana Marina only. All invoices are to be paid within 7 days of the invoice date. If you fail to pay any Charges on time, you are liable to pay Mana Marina (on demand) a late payment fee of 1.5% per month (compounding) on all outstanding Charges, or at the rate Mana Marina specifies from time to time, and all of the Marina’s debt recovery costs (including debt collection and other agency and legal fees on a solicitor-client basis) and Mana Marina will suspend delivery of further Product until the invoice and associated costs are fully paid.
CONTACT DETAILS
You must provide to Mana Marina, your current residential and postal address or addresses and contact phone number, and any changes to those contact details. You are deemed to have received such notice or communication within 3 working days after posting. Any notice may be given by phone, in person, posted or sent by email to you.
PRIVACY
You authorize Mana Marina to seek and obtain any relevant information about you from any person (including debt collection agencies) and to use that information for purposes associated with your purchase of Mana Marina product. You authorize Mana Marina to send you newsletters and other promotional and important safety information from time to time. You have the right to access information held on you by Mana Marina and request this information is corrected or ask for a copy of this.
DISPUTE or COMPLAINT RESOLUTION
If you have a dispute or complaint, please put this in writing to the Manager via manager@manamarina.co.nz or Board of Directors at Mana Marina via chairman@manamarina.co.nz so that we can formally investigate and resolve this with you. If we are unable to come to a resolution, the outcome shall be determined by a single arbitrator to be agreed upon by the parties or in default of agreement, to be appointed by the District Law Society having jurisdiction in Wellington.
LIMITATION OF LIABILITY
We will not be liable for any losses of any kind, including consequential loss, or any delay in supplying Products which are caused in whole or in part by any cause beyond our reasonable control. In any event, our liability will be limited to the amount paid or payable by you for any Product.
GENERAL
We reserve the right to change these Terms from time to time by notice to you in writing. If we fail to enforce any terms or to exercise our rights under these Terms at any time, we have not waived those rights. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect, and you and we will adjust our respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Terms.
GOVERNING LAW
These Terms are governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand for any disputes or proceedings arising out of or in connection with these Terms.