Terms and Conditions

1.1 The following terms and conditions (“Terms”) apply to all goods and services supplied within the Town Basin Marina or Kissing Point Marina (“the Marina”) by Whangarei Harbour Marina Management Trust (“WHMMT”; also “we”) to the Customer (as named in the berth agreement and/or every person who moors a vessel at a berth in the Marina; also “you” and “your”).  WHMMT and the Customer shall each include their respective employees, contractors and agents.

1.2 These Terms apply from when a berth rental agreement is signed, or a vessel is moored at a berth in the Marina.  You are deemed to have accepted the Terms and agreed to comply with them upon the earlier of the two events (“Commencement”).

1.3 If the signatory to the berth rental agreement executes the agreement for or on behalf of the owner of the vessel, then they shall each be respectively jointly and severally liable and the signatory warrants that s/he has entered the agreement with the full knowledge and consent of the vessel owner.

2.1 Berths are rented on a nightly, monthly or annual basis, with Live Aboard options.  Berth availability and the option to Live Aboard is at our absolute discretion at all times.

2.2 Our rates are available on our website (prices are in NZ dollars).  The annual rate for pile moorings and jetties is available upon request.

2.3 We determine our berth rental and other fees annually with changes to take effect on 1 July each year, or at any other time at our discretion.

2.4 The Customer is responsible for all applicable taxes and WHMMT reserves the right to pass on to you any unforeseen charges, costs, levies and fees imposed on it by government, or any local government body or agency.

2.5 Live Aboard fees and metered power usage will be charged in addition to berth rental.

2.6 Term: A berth is rented for the period specified in the berth rental agreement and WHMMT cannot guarantee the availability of any berth beyond the specified period.  Annual berth rental is from 1 July to 30 June each year.

2.7 There is no right of renewal or holding of a berth place beyond the term.  The Customer is rented the right to a category of berth (e.g. pile mooring, jetty berth, pontoon berth) suitable to the size of the vessel, there is no right to the hire of a particular berth.

2.8 Notice to End:  Monthly rentals expire at the end of the term with no right to a refund.  Nightly berth rental Customers, and those Customers on a monthly rental that has rolled over beyond the term, shall provide WHMMT with 2 days’ written notice to end your berth rental (and we may charge the notice period even if such notice is not given).  If you are on an annual rental agreement, the rental period expires on 30 June each year and there is no right to a refund for prior cancellation.

3.1 Payment is due as follows:

Nightly: Payment is due prior to departure, including for all Live Aboard and power charges.

Monthly: Payment is due from Commencement for the first month (or part thereof) and thereafter monthly in advance by the 15th of the month.

Annual: Payment is due from Commencement for the first year in advance (or part thereof) and then invoiced on 1 July each year with an option to pay in 12 equal monthly installments after the first year.

3.2 Monthly and annual Customers shall be charged Live Aboard fees monthly in advance, and metered power usage monthly in arrears.

3.3 If a credit card is used for payment without the card being present a 3% transaction fee will apply.

3.4 Payment shall be without deduction or setoff.  Overdue accounts will incur a late payment fee of 1.5% interest per month (compounding) on all outstanding fees and charges from the due date to the date of payment in full.  WHMMT may recover its full legal and collection costs from the Customer.

3.5 If a debt remains unpaid after the vessel has departed, details of the vessel and Customer may be shared within members of the NZ Marina Operators Association and the Customer hereby authorises the sharing of such information.

4.1 WHMMT may, without reason and at its discretion, refuse to give use of any berth to any person.

4.2 You may only berth your vessel at the berth allocated by WHMMT.  A berth is rented to the Customer and is not allocated to the vessel.  The right to a berth is not transferable to a new owner of the vessel.

4.3 You shall not assign (including a change in 50% or more of the shareholding where the Customer is a company), sublet or authorise any other person or vessel to use the berth allocated to you without prior permission from WHMMT.

4.4 You shall not alter or modify any berth, structure or property at the Marina without permission of WHMMT.

4.5 The allocation of an annual rate pile mooring and jetty berth is at the discretion of WHMMT.

4.6 Annual Customers may give WHMMT 2 days’ written notice that you will be away from the Marina for a period of 5 days or more.  WHMMT may then rent the berth that has been allocated to your vessel during your absence and you will be credited for any night a vessel occupies that berth (at your rate divided by 365 days for each night stay).  To guarantee your return to a berth, WHMMT will require a minimum of 2 days’ written notice from you before your vessel returns to the Marina.

4.7 You shall advise WHMMT if you wish to change the vessel to other than that stated in your agreement form.  WHMMT is not obliged to provide a berth for a new vessel and different charges may apply.

4.8 No commercial use of a berth is permitted, including for paid accommodation, except with the prior written approval of WHMMT.

4.9 The overall length of your vessel, which includes all appendages, must not exceed the maximum length of your allocated berth.

4.10 You may not store gear or equipment on the berth finger or gangway.-***********

5.1 Live Aboard means staying 1 or more nights on board.

5.2 Customers may only Live Aboard if they are the owner of the vessel, receive prior written approval from WHMMT and pay the fee.  Additional guests must be approved by WHMMT.

5.3 There is no option to Live Aboard at Kissing Point Marina.

5.4 No new annual pile berth Customers shall be permitted to Live Aboard.  Nightly and monthly pile berth Customers shall only have the option to Live Aboard for a maximum of 6 consecutive months (and no more than 6 months in any 12 month period).

5.5 Approval to Live Aboard remains at the absolute discretion of WHMMT at all times.

6.1 WHMMT reserves the right to enter and/or move a vessel when necessary or to ensure safety to all persons, other vessels and/or the Marina facilities.

6.2 WHMMT will take all reasonable care when entering and/or moving a vessel but will not be liable for any damage or loss caused to the vessel.

6.3 The marina is a 5 knot no wake zone.

7.1 You must at all times have current cover for third party insurance for your vessel while using a berth in the Marina.  The insurance must be with a reputable insurer and apply to property in New Zealand.  WHMMT requires proof of such current insurance prior to allocating a berth and upon policy renewal.

7.2 You are responsible for ensuring that any service people and/or contractors invited to the Marina by you to carry out work on your vessel have specific marine public liability insurance.

8.1 The rules for connecting to shore power will be supplied upon signing the berth rental agreement and the Customer is required to comply with those rules.

8.2 WHMMT do not supply docking lines.  It is the responsibility of the Customer to supply and maintain their own docking lines.  WHMMT reserves the right to require an owner of a vessel to replace any docking lines that are not maintained, appear unsafe or could cause a hazard.

8.3 Dinghies are to be moored or stored at the designated docks and dinghy racks.  To allow others to have access to the designated docks, plenty of length on your painter line should be allowed.

8.4 Your vessel must be secured at all times to ensure no damage, injury, or loss is caused to the Marina or any other vessel or person.

8.5 Your vessel must not be in an unsightly, and/or unseaworthy condition or have an excessively fouled hull.

8.6 Before arrival you shall take all necessary steps to ensure that your vessel is not carrying marine pests.  WHMMT may require proof of a lift and clean within the month prior to entering the Marina or fresh anti-fouling within 6 months before entering the Marina.

8.7 WHMMT may issue you a notice requiring you to remedy the areas listed in this clause 8 within a specified timeframe.  Failure to comply will constitute a breach and may result in WHMMT invoking the termination procedure.

9.1 You shall not create a noise nuisance, whether through parties, the use of generators, entertainment devices, power tools or any other form of sound reproduction or otherwise.  Ropes, rigging, sails and halyards on your vessel must be secured to eliminate any unreasonable noise.

9.2 No work or activity is to be carried out or undertaken on the boat within the Marina that may affect neighbouring vessels, such as grinding or spray painting, or which is in contravention of any of the provisions of the Resource Management Act 1991, and the Health and Safety at Work Act 2015.

9.3 No unlawful activities shall be conducted from your vessel or the berth.  Any abuse, verbal or otherwise, to other Marina users, staff and/or visitors, and obnoxious behavior is unacceptable and will not be tolerated within the Marina and may result in termination.

9.4 No promotional banners shall be displayed on the vessels or marina structures.  With the prior consent of WHMMT, you may display ‘boat for sale’ signs.

9.5 Animals are only allowed in the Marina with prior permission of WHMMT, which it may revoke at its discretion.

9.6 Riverside Drive Loading Bay by D pier: This is only for WHMMT approved service vehicles and limited to 30 minutes loading time for Customers.  Overnight parking is not allowed.

10.1 Live Aboard Customers must cable tie the overboard seacock to the closed position. Marina staff may request to board your vessel to check seacocks are sealed.

10.2 You shall not pollute the Marina or discharge into the Marina waters any poisonous, noxious, dangerous or offensive substances or objects.  You shall not discharge any sewage or empty toilet waste into the Marina waters.  Disposal of waste material may only be made into suitable receptacles provided by WHMMT.  Any breach of this clause may result in prosecution by the Northland Regional Council.

10.3 Rubbish, waste and oil must be deposited in the receptacles provided for the purpose.  Recycling of glass, plastic and cans is encouraged.

11.1 You must immediately notify WHMMT of any damage to a person, another vessel or any part of the Marina.

11.2 You must ensure that all work undertaken on your behalf by a third party complies with WHMMT’s health and safety policies and that you have fully acquainted yourself with those policies.  WHMMT has no contractual relationship with your service providers and contractors.

11.3 You shall be liable for and indemnify WHMMT against any loss, damage, expense, legal liability, claims and costs incurred by WHMMT arising as a result of your acts or omissions, or the acts or omissions of your invitees, including legal costs on a solicitor-client basis incurred in exercising WHMMT’s rights under these Terms.

11.4 WHMMT shall not be liable for any loss or damage that is not caused by us or any cause not reasonably within our control.

11.5 The liability of WHMMT in respect of all claims for loss, damage or injury arising from breach of any of WHMMT’s obligations under this agreement or from any act or omission of WHMMT is excluded to the fullest extent permitted by law and limited, in each case, to the value of the goods or services provided by WHMMT to the Customer.  WHMMT shall not be liable for indirect or consequential loss or damage.

11.6 The Customer acknowledges and agrees that to the fullest extent permitted by law, WHMMT makes no warranty whatsoever as to the condition of the Marina facilities or any part thereof, and the Customer uses those facilities solely at its own risk.

11.7 Your vessel and any other property brought into the Marina by you and/or your invitees are at all times your own responsibility and remain solely at your own risk.  WHMMT accepts no liability for packages or letters received in your name or for parked vehicles.

12.1 The Customer grants WHMMT a security interest in the vessel and the proceeds of any sale of the vessel as security for any amounts owing by the Customer to WHMMT under this agreement and the performance of the Customer’s obligations under the agreement.  The security interest shall not attach unless and until a default has occurred under this agreement and the Customer has been notified in accordance with clause 13.

12.2 The Customer acknowledges and agrees that WHMMT is entitled to take all necessary steps to register its security interest under the Personal Property Securities Act (“PPSA”).  The Customer waives its rights under the PPSA to receive a copy of any verification statement in respect of any financing statement or financing change statement registered by WHMMT in respect of the vessel.  If the vessel is sold during the term of the agreement, the proceeds of sale shall remain subject to this security interest.

12.3 On enforcement of the security interest, sections 114(1)(a), 133 and 134 of the PPSA shall not apply and the Customer waives all rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA on such enforcement.

12.4 The rights and powers in this clause and clause 13 are in addition to and not in substitution of any lien or other remedy that may be available to WHMMT at common law or in statute.  WHMMT reserves the right to rely on the remedies available to it under statute or common law.

12.5 No failure or delay on the part of any party in exercising any power or right under this agreement shall operate as a waiver, nor shall any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power hereunder.

13.1 WHMMT may at its sole discretion immediately terminate your right to use a berth if:

a) You have engaged in any misconduct or breached a bylaw, regulation or law;

b) If you fail to pay your fees, charges or any sum owed to WHMMT on time and the debt remains unpaid 7 days from the date WHMMT notifies you of such non-payment; or

c) If you breach any of these Terms and such breach (if capable of remedy) remains unremedied following 7 days from the date WHMMT notifies you of such breach.

13.2 If WHMMT terminates your right to use a berth, you must promptly pay all charges and other amounts owing and remove your vessel from the berth and the Marina.

13.3 If you do not remove your vessel, WHMMT may, without incurring any liability, either secure the vessel in its berth or remove your vessel and store it in such a place and under such conditions as it sees fit and shall be entitled to a lien on the vessel for the costs of such storage and removal.  WHMMT shall be entitled to all costs including but not limited to, impounding, removal, security, storage and sale of the vessel, and all outstanding charges and other amounts owed by you to WHMMT under these Terms.  WHMMT may at its election offer the vessel for sale, together with any chattels in or on the boat, by public auction or private contract and apply the proceeds first in satisfaction of the costs incurred and secondly towards any debts owed to WHMMT.

13.4 WHMMT may also at its election retain possession of the boat until payment in full of all sums owed by the Customer to it.

13.5 The Customer shall remain liable for payment of rental fees and other charges until the vessel is removed from the Marina.

13.6 The Customer shall unconditionally ratify any actions taken by WHMMT under this clause and indemnifies and holds harmless WHMMT against all liability for fees and expenses incurred, and from all claims, suits and demands made by any person, in respect of storing, selling or otherwise disposing of the vessel or any chattels.

13.7 The Customer irrevocably appoints WHMMT as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause and clause 12 including, but not limited to, signing any document on the Customer’s behalf.

13.8 This clause and clauses 2, 3, 12 and 15 shall survive any termination or expiry of this agreement and so shall any other clause that is intended by implication to survive termination.

14.1 The Customer shall advice WHMMT of any change to its address, contact phone numbers and vessel details in order to contact you or a representative in the event of an emergency and to keep its records up to date.  Any information will be kept in accordance with the privacy laws.

14.2 Notice: Notices shall be served to the email or postal address provided in the Customer’s berth rental agreement or by being attached to the vessel.  Where a notice is served by email, it shall be deemed to have been received upon being sent.  Posted notices will be deemed to have been received three days following being sent.  A notice will be delivered when attached to the vessel with a photo confirming the time and date of attachment.

15.1 You agree to comply with all New Zealand laws and local authority bylaws and regulations.

15.2 These Terms are subject to the laws of New Zealand.  Disputes shall be determined by the courts of New Zealand, and the parties submit to the exclusive jurisdiction of the same.

16.1 These Terms may be varied from time to time by WHMMT at its discretion.Changes shall be notified on our website whangareimarina.com one month in advance and take effect one calendar month following the notice.