Councils explain: boogie boarders won't be fined

The Northland and Waikato Regional Councils moved quickly yesterday to clarify new marine rules after a Herald report that board riders at popular beaches must wear wetsuits or face $200 fines.

The article yesterday outlined rules introduced by the councils as part of bylaws making it compulsory for anyone on a boat to carry a flotation device or lifejacket.

But some of the information the councils supplied to the Herald was not correct.

In Northland, boogie boarders and surfers do not have to wear lifejackets or wetsuits - but sailboarders and windsurfers do. Its bylaw states that "no person in charge of a pleasure craft may use it or allow it to be used unless it carries at the time of use as many personal flotation devices as there are people on board ... ."

But a subclause exempts people "in charge of any surfboard or similar unpowered craft" and people "in charge of any sailboard or windsurfer if a wetsuit is worn".

Northland harbourmaster Ian Niblock said that when he spoke to the Herald about who was affected he did not have the new bylaw in front of him, and "inadvertently transferred" boogie boarders into the windsurfer and sailboarding subclause.

Also, $200 was not necessarily the amount people would be fined if they disobeyed the bylaw because the Northland Regional Council had yet to ratify the amounts.

It was likely to be $100 for behavioural offences and $200 for safety offences.

In the Waikato, the safety manager of the Environment Waikato regional council, David Pearks, also clarified his original comments to the Herald.

Boogie boarders do not have to wear wetsuits but surfers do, although it was unlikely they would be fined and would only be approached if their actions put themselves or others at risk.

The Waikato bylaw exempts "surfboards, sailboards, windsurfers or any like vessel" from carrying lifejackets if the user is wearing a wetsuit.

Mr Pearks said that the council's interpretation of the bylaw was always that the "like vessels" were those used in deeper water and that he did not say boogie boards were included.

But the Herald stands by the accuracy of its reporting of Mr Pearks' initial comments.

Under Waikato's bylaw, a $200 fine could be imposed on boaties, windsurfers, sailboarders and surfboarders.