ARC SEABED CHARGES

Although the ARC may not be charging you or your boats at the moment, all Auckland yachties should support this petition, because the ARC will probably find a way to add extra fees to your marina or mooring soon.
We need all the support we can get to add weight to the Coastal Policy submissions in a couple of months.
We need to make a strong public statement as it is grossly unfair to treat water born sports groups occupying public space differently to land based sports groups occupying public space. The danger looming is the Councils may be empowered by the Coastal Policy legislation to force the same huge level of charges at HMB, BBYC and Westpark across all marinas, moorings and clubs occupying public space, so we really need a strong public statement that says “hands off our sport” to the Councils.
The reasons for the petition are numerous, but our main concerns the unfairness of the present system. As you will be aware the Government has a Coastal Occupational Charging Policy which is supported by the RMA. Neither of these clearly differentiate clearly between Commercial and recreational activities. It is our contention that "Boaties" are recreational. However the various powers that be, appear to perceive "Boaties" as the Golden Goose.
The three Marinas mentioned in the petition are a prime example of the accuracy of our claim. Between them a total of more than $300,000 per annum is paid to the ARC. They account for 20% of the total number of Berths in the ARC area. In addition to that amount, the Councils involved receive a further $100,000. These figures are plus GST, so Central Government are getting their cut.
Earlier this year the ARC announced their intention to possibly introduce a charge on Swing and Pole Moorings in their Region. The ARC were suggesting a fee level of $400 pa for a swing mooring in open water and $80 in shallow tidal areas. There are just over 5,900 moorings in the Region and charges of this size would return to the ARC in excess of $1 million dollars pa, which they say will defray the administration costs.
Since the mooring licencees are responsible for the maintanence and are charged a bi-annual inspection fee, it is difficult to imagine the necessity of such an additional large amount. We made submissions against any policy being implemented until after the Coastal Occupational Charging Policy 2008 was completed.
We have also presented submissions to COC Policy 2008 and expect to be heard sometime in October.
There are many other facts that we have considered, but hopefully this is enough to give you an idea of our concerns.
In summary, we are seeking to be treated and supported in the same manner as every other sporting body in NZ.
I have also avoided being specific about additional charges that these Marinas are subjected to, as I do not want to give the impression that we are seeking support solely for ourselves.
It is quite clear from reading all the submissions to the COC Policy Regime 2008 that many other regions are simply waiting for clarification before introducing their own charging.
If you need further information or have a specific question, please feel free to contact either:
Bob Ogilvie: elbo@xtra.co.nz
Geoff Burgess: geoff.burgess@woosh.co.nz
Please print the petition and get your members to sign it at clubnight, or email it to your members to have them and their crews and others sign it.
Then mail to the address at the bottom of the page before 30 September 2008.


From Geoff Burgess:

Hi David,

My contacts are bus 256 8711 and home 534 8910

The issue is one of fairness around seabed fees charged to Mum & Dad Boaties in Auckland by the ARC for the piece of public space they use for their for their Sport & recreation.

The ARC only charge three marinas, HMB, BBYC and Westpark quite hefty fees - $200k per year for the folks at HMB. There are about 20 marinas in Auckland and the rest pay no fees at all to the ARC, along with some 5,800 ARC mooring holders who also pay no seabed fees.

So to put it into perspective how can the ARC charge HMB boaties $200 k a year seabed fee and yet not charge the whole of Westhaven, OBC, Bayswater, Orakei or 5800 mooring holders anything!.

I attended a ARC mooring fee review meeting in Feb at BBYC and discovered no seabed charge to any of 5,800 mooring holders, I asked questions about it was invited by an ARC Councillor to put a submission to the ARC, so I did. (attached)

So I presented my submission to the ARC annual plan hearings on 28 May, essentially saying:

In is quite clear that the existing situation is grossly unfair on the boaties at HMB, BBYC and Westpark, so I requested that:

- That existing licence fees are suspended forthwith until an equitable charging regime is found.

- That any seabed fees are applied across all moorings and marina berth s such that any occupation charges are fair and reasonable and minimal in promoting boating as an affordable “sport & recreation for our citizens.

- That any fees are demonstrably consistent with fees to other sports & recreation groups whose facilities occupy public space- swimming pools, tennis courts, footy grounds, soccer etc etc

- That the ARC consult and agree with boating groups about any occupation fees affecting the sport and recreation facility.

I have yet to receive a formal response to the submission from the ARC , but have become aware of the coastal policy legislation changes being planned to empower all Councils to charge marinas moorings and boat clubs similar hefty fees, so got together with Bob at Westpark and launched the petition (attached ) to give the ARC and indeed all councils a strong message from the boating community......... “ HANDS OFF OUR SPORT”

We appreciate any assistance

Geoff



Geoff's Submission:

Submission: Review of Mooring Fee’s in the Auckland Area: Seabed fees. Date: 16 Feb 2008
Geoff Burgess, 34 Booralee Ave, Howick
Refers to the ARC meeting at Bucklands Beach Yacht Club, Thurs 14 Feb 2008. There was a presentation by the Harbour Master concerning mooring fees, with ARC officials and Cr Burrill in attendance.
The presentation detailed the direct operating costs associated with managing the recreational mooring areas and the ARC policy around those services. Of note was the policy of charging direct operating costs only, and charging no seabed occupation fees. Current mooring fees no longer covered ARC operating costs and increases to cover those costs proposed.
Seabed fees – background summary of facts:
- The ARC is inconsistent in its policy of charging Seabed fees. Recreational boaties at only some marinas (50% ) pay occupation fees and all ARC mooring holders pay no occupation fees at all.
- Coastal occupation by moorings and marinas for recreational purposes are no different to any other “sport and recreational” facilities on public land.
- Marinas are a sport and recreation facility, - such fees are currently unfair in charging some recreational boaties large occupation fees when compared to similar “sports and recreational facilities” on far more desirable public land – local tennis courts/swimming pools/football grounds/soccer grounds /athletic and cricket grounds, boating clubs etc .
- Marinas are open to all members of the public – like ARC moorings, anyone can obtain a berth for their boating sport and recreation.
- Marina berth areas are very strictly recreational - commercial activity is forbidden as detailed in berth licences. Marina operators collect Seabed fees from boaties who hold berth licences and pass these on to the Council.
- Research shows some recreational occupation fees are huge and affordability a problem for Auckland citizens – for example Half Moon Bay boaties pay the ARC $190,000 pa seabed fees and Manukau City Council a newly imposed $73,000 pa ”seabed rates” for the same piece of seabed - and an ARC “resource consent maintenance fee” of $4,000 pa.
- Neither the ARC nor MCC bear any costs or provide any services in respect of these fees.
- Half Moon Bay Marina is operated by a charitable trust, berth licences specify that fees cover direct operating costs only, and the profits from its hardstand and shopping areas fund charities such as marine safety, coastguard and youth training activities.
- Research shows that historically in imposing seabed fees, there has been extensive legal action and consultation with Marina operators, but no consultation with recreational boating groups who actually pay the seabed fees.
- To be consistent with current ARC seabed charges of around $400 each for boaties at Half Moon Bay, the ARC will need to introduce immediately a charge to Westhaven Marina users at least $600,000 per year, and at approximately ten times the seabed area, introduce a seabed charge to some 4000 ARC mooring holders of around $4000 per year each !
- This level of fees would be obviously unacceptable to the citizens of Auckland and reinforces the fact that current Marina seabed licence fees are hugely unfair, and cannot be justified.

Submission:

- That the ARC apply any fees in respect of the seabed across all recreational mooring holders and recreational marina berth holders such that any occupation charges are fair and reasonable and minimal in promoting boating as an affordable “sport and recreation” for Auckland citizens.
- That any seabed fees to recreational boaties are demonstrably consistent with fees charged to other sports and recreation groups whose facilities are on public land.
- That the ARC consult and agree with all parties, mooring license holders, and recreational marina user groups about any occupation fees affecting their sport and recreation facility.
- That existing Marina licence fees are suspended forthwith, until an equitable charging regime is arrived at.





And the petition:

A Petition to
The
Auckland Regional Council

2l Pitt Street, Auckland New Zealand Private Bag 92 012, Auckland
----------------------------------------------------------------------------------------------------------------

“We the undersigned, formally lodge protest about the huge inequity in the level of Seabed Fees charged to Boaties at Half Moon Bay, Buckland’s Beach Yacht Club and West Park in comparison to:

- The many other marinas in the Auckland region that pay no seabed fees
- The other marinas across the Country that pay no seabed fees
- Some 5800 ARC Mooring Holders who pay no seabed fees
- The minimal fees to other Sports and Recreational groups occupying public space

And further request the Auckland Regional Council to suspend the existing fees, forthwith, until it consults and agrees with Citizens Groups who are Boaties at Half Moon Bay Marina, Buckland’s Beach Yacht Club and West Park Marina about the following:

- That the ARC apply any fees in respect of the seabed across all recreational mooring holders and recreational marina berth holders such that any occupation charges are fair and reasonable and minimal in promoting boating as an affordable “sport and recreation” for Auckland Citizens.
- That any seabed fees to recreational Boaties are demonstrably consistent with fees charged to other sports and recreation groups whose facilities occupy public space.



Name Signature Address Date




















Return to : ARC Petition, P.O.Box 54021, Bucklands Beach, Auckland, by 30 Sept 08