We want you to enjoy your stay with us, so please familiarize yourself with our rules.
1.1 These terms and conditions apply to all persons who rent a berth from the Whangarei Harbour Marina Management Trust (“WHMMT”) at the Town Basin Marina and/or Kissing Point Marina (“the Marina”).
1.2 If your vessel remains berthed at the Marina for more than two hours after you first arrive, you will be deemed to have accepted these terms and conditions and have agreed to comply with them.
2.1 Any charges and berth rental fees are reviewed and determined annually by the WHMMT at their discretion.
2.2 Berths are rented on a casual or annual basis and payments become due as follows:
i. Daily casual rental: This fee is based on a daily rental for short term berth rental. Payments are due prior to departure from the Marina.
ii. Monthly casual rental: This fee is based on a monthly rental with payments due in advance no later than the first calendar day of each month. You will receive an initial perpetual invoice only, unless there is a change to the monthly fee.
ii. Annual rental: This fee is based on a 12-months rental. Payment for the first year is due in advance within 7 days of the commencement date of the annual rental. Payment for any subsequent annual rental fee may be made in monthly instalments or in advance as for the first year.
2.3 Any charges for living on board a vessel are required to be paid monthly in advance no later than the first calendar day of each month or prior to departure from the Marina for daily casual rentals.
2.4 Your power usage is metered and will be charged separately to any rental payments and live on board fees. Payment for power usage is due within seven days of receiving an invoice.
2.5 The Marina reserves the right to pass any unforeseen charges, costs, levies and fees imposed on the Marina by the government any local government body or agency, on to you in addition to any rental fees or charges.
2.6 The payment of any rental fees does not give the berth user any holding or proprietary rights over a particular berth in the Marina.
2.7 Payments to the Marina can be made by credit card, Eftpos, cheque and cash at the Marina office or by direct credit into the Marina bank account.
2.8 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. Where applicable full legal and collection costs will also be recovered by the Marina.
3.1 You shall only berth your vessel at the berth allocated by the Marina Management. Any berth change must have prior approval from the Marina Management.
3.2 You shall not assign, sublet or authorise any other person or vessel to use the berth allocated to you by the Marina Management without prior permission from the Marina Management.
3.3 No alterations and/or modifications shall be made to any berth, structure or property of the Marina without prior permission from the Marina Management.
3.4 If you are paying an annual rental and you remove your vessel from your allocated berth for an extended period of time, the Marina Management may let your berth to any other person on a daily casual rental. You will be credited, the amount of your rental on a daily basis, for any day a vessel is occupying your allocated berth. To guarantee you a return to your allocated berth, the Marina Management will require a minimum of two days notice from you before your vessel returns to the Marina.
4.1 You shall only be allowed to live onboard your vessel if you are the owner and have advised the Marina Management of it.
4.2 If the Marina Management has given permission for you to live on board the vessel you will be charged a live on board charge.
5.1 The Marina Management 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.
5.2 The Marina Management 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.
6.1 The overall length of your vessel must not exceed the maximum length of your allocated berth.
7.1 You must at all times have a minimum of current cover of third party insurance for your vessel while using a berth in the Marina. Marina Management may require you to provide proof of such current insurance prior to allocating you a berth.
8.1 The Marina does not supply docking lines. It is the responsibility of the owner, or person in charge, of the vessel to supply and maintain their own docking lines. The Marina Management 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.
8.2 Your vessel must be secured at all times to ensure no damage, injury, or loss is caused to the Marina orany other vessel or person.
9.1 All vessels are required to have an electrical warrant of fitness (“EWOF”) in accordance with the New Zealand Electrical Code of Practice (ECP-29) if connecting to shore power permanently. If a connection to shore power is made without a EWOF, the owner of the vessel will be held liable for any damage caused to the Marina property or any other person or person’s property.
9.2 A temporary power supply cord can be used to connect to shore power. The temporary supply can only be connected to one portable electrical appliance. It is not allowed to leave the vessel unattended if the electrical supply is active. The owner will be held liable for any damage caused to the Marina property or any other person or person’s property.
9.3 The following conditions must be met to ensure compliance with the Electrical Regulations, (EPC-29)
i. All components of the supply lead shall be appropriate for the demands placed upon it.
ii. The supply power cable shall be one continuous length and be a heavy duty tough rubber sheathed cable.
iii. The supply cable should be arranged: To permit normal movement of the vessel at it’s berth. Be secured to avoid damage, minimize accidental disconnection, tripping hazard.
iv. Do not leave excess cable coiled up. Spread it out inside the vessel to avoid the cable heating up and melting insulation.
10.1 You shall not create a noise nuisance, whether through parties or the use of television, generators, radio, musical devices 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.
10.2 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 behaviour is unacceptable and will not be tolerated within the Marina.
11.1 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 the Marina.
11.2 Any breach of rule 11.1 may result in prosecution by the Northland Regional Council
12.1 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 should be allowed.
13.1 Your vessel and any other property brought into the Marina by you and/or your invitees are at all times your own responsibility, and while located at the Marina remains solely at your own risk.
13.2 The Marina is not liable for any loss, damage or injury occurring within the Marina to any vessel, property, or persons, however it may arise and even if it is caused or attributable to the Marina.
13.3 You shall indemnify the Marina against any loss, expense, legal liability, claims and costs incurred by the Marina arising as a result of your act or omissions, or the acts or omissions of your invitees.
13.4 You, as the vessel owner or person in charge of the vessel, are responsible that any service people and/or contractors invited to the Marina by you, to carry out work on your vessel has specific marine public liability insurance.
14.1 The Marina Management may, without reason and at its discretion, refuse to give use of any berth to any person.
15.1 The Marina Management may immediately terminate your right to use a berth if you fail to pay your charges on time and your charges remain unpaid after seven days from the date the Marina Management notifies you of such non-payment, or if your breach any of these terms and conditions or the bylaws and such breach (if capable of remedy) remains un-remedied after seven days from the date the Marina Management notifies you of such breach.
15.2 If the Marina Management terminates your right to use a berth, you must promptly pay all charges and other amounts owing to the Marina and remove your vessel from the berth and the Marina.
15.3 If you do not remove your vessel, the Marina may, without incurring any liability, remove your vessel and store it in such a place and under such conditions as it sees fit. The Marina shall have a lien over the vessel for 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 the Marina under these terms and conditions. The Marina shall not be required to release the vessel until you have paid all amounts owing in relation to the vessel.
16.1 The Marina Management must be advised of any changes of 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.
17.1 Rubbish, waste and oil must be deposited in the receptacles provided for the purpose. Recycling of glass, plastic and cans is encouraged.
18.1 Animals are only allowed in the Marina with prior permission of the Marina Management. Such permission may be withheld at the discretion of the Marina Management.
19.1 You agree to comply with all bylaws and regulations in relation to the Marina.
19.2 These terms and conditions are subject to New Zealand law.
20.1 These terms and conditions may be varied from time to time by the Marina by giving written notice to you as may be reasonably necessary.