Diving laws/rules

Post Options Post Options   Likes (0) Likes(0)   Quote MB Quote  Post ReplyReply Direct Link To This Post Topic: Diving laws/rules
    Posted: 05 Sep 2019 at 12:58pm
MB View Drop Down
Titanium
Titanium
Avatar

Joined: 08 Jan 2016
Location: Northland
Status: Offline
Points: 5534
A couple of diving mates have had their wrists slapped by MPI officials for not following the rules regarding dive flags on floats. Some of the comments were quite petty. One group was even threatened with a fine.

I'm all for safe diving practices and no one minds a bit of friendly advice. That said...

1) I thought MPI were concerned with fishery management, not diver safety. Is it within their jurisdiction to get involved?

2) I thought the rules relating to these matters were set by Maritime NZ. There is a clear summary here: https://www.maritimenz.govt.nz/magazines/lookout/issue-29/issue-29-6.asp

Rules relate to dive boats and flags, boat speed around divers etc; the remainder is just advice as I read it.

Any comments?



 
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote Phantom Menace Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 8:44am
Phantom Menace View Drop Down
Platinum
Platinum
Avatar

Joined: 28 Jul 2008
Location: Auckland
Status: Offline
Points: 2668
Maritime NZs graphic on that page is wrong.  It implies speed restriction 50m from a boat with a dive flag up when that's 50m from any anchored boat.
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote Steps Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 9:57am
Steps View Drop Down
Titanium
Titanium


Joined: 14 Oct 2013
Location: Franklin
Status: Offline
Points: 12849
We had a MPI boat cruising around checking a few weeks back..
 They took a count, also checked basic stuff like jackets etc...

 I also noted that there was 1 guy sitting quietly in the back with a little different logos .. a policeman present...which is not unusual these days considering the attitude of some people being checked.
I dont believe most would have noticed the policeman in the back.. logos, uniforms all very much the same.
 Now if this was the case.. then yep a fine would very possibly be on the cards.

Regardless, be it a MPI or another diver or boat, if the rules where being broken, they where being broken...what is the problem of who points it out?
 Whats the point of arguing , red herrings and splitting hairs..?
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote MB Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 9:57am
MB View Drop Down
Titanium
Titanium
Avatar

Joined: 08 Jan 2016
Location: Northland
Status: Offline
Points: 5534
It's not exactly wrong, but certainly misleading.
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote MB Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 9:59am
MB View Drop Down
Titanium
Titanium
Avatar

Joined: 08 Jan 2016
Location: Northland
Status: Offline
Points: 5534
Originally posted by Steps Steps wrote:


Regardless, be it a MPI or another diver or boat, if the rules where being broken, they where being broken...what is the problem of who points it out?
 Whats the point of arguing , red herrings and splitting hairs..?

OK, so what are the rules?
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote pjc Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 10:32am
pjc View Drop Down
Titanium
Titanium
Avatar

Joined: 04 Apr 2010
Location: papakura
Status: Offline
Points: 12468
5knts within 50m of a dive flag? Rule states vessel flying dive flag but I think you would include float with dive flag.
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote JasonEdward62 Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 10:46am
JasonEdward62 View Drop Down
Silver
Silver


Joined: 13 Nov 2014
Location: Waihi
Status: Offline
Points: 139
Not sure what you want to know - your link to the rules answers your question...Drawings may be misleading but where are you confused?
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote JasonEdward62 Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 10:48am
JasonEdward62 View Drop Down
Silver
Silver


Joined: 13 Nov 2014
Location: Waihi
Status: Offline
Points: 139
Having said that, I would be interested to know exactly what the Officers said to your friends and what rules were allegedly breached...
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote JustAnotherSpearo Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 12:23pm
JustAnotherSpearo View Drop Down
Platinum
Platinum


Joined: 12 Mar 2016
Location: Northland
Status: Offline
Points: 1189
Diving or freediving?

If just with a snorkel i believe they cant do bugger all as its more like being a swimmer than diving. (what's the difference between someone at a beach with a snorkel messing around and me getting scallops?).

I do however understand the dive flag thing.. But no way in hecka will I put a dive flag up in my scallop spot x on snake bank. People might raid me spots (taking the chook use your dive flags)
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote MB Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 12:44pm
MB View Drop Down
Titanium
Titanium
Avatar

Joined: 08 Jan 2016
Location: Northland
Status: Offline
Points: 5534
Mates who were freediving from the shore have been hassled/threatened with a fine for not using a float, having the wrong kind of dive flag on a float and not diving in buddy pairs at different times. As I thought was clear from my opening post, I'm not trying to be a dick, or be clever, just trying to ascertain what the rules are. Friendly advice should always be welcome, but no one appreciates zealous officials over-stepping the mark do they?

I'm interested because I consider using a float when SCUBA diving for scallops to be a risk rather than a safety enhancement when diving somewhere as busy as Whangarei Harbour. I really don't trust boat owners to avoid floats/ropes when I'm pottering around on the sea bed. However, I deploy a float (delayed surface marker buoy) prior to surfacing.  
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote JustAnotherSpearo Quote  Post ReplyReply Direct Link To This Post Posted: 24 Oct 2019 at 5:38pm
JustAnotherSpearo View Drop Down
Platinum
Platinum


Joined: 12 Mar 2016
Location: Northland
Status: Offline
Points: 1189
Its a can of worms if its regarding freediving. Either way.. Hard to inforce it when there are so many examples that are fine.

Put a vessel ontop of you is about the safest way to dive. Even then though turkeys rip through within 50m as you are well aware.
Back to Top
Post Options Post Options   Likes (0) Likes(0)   Quote OuttaHere Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 2019 at 12:02am
OuttaHere View Drop Down
Platinum
Platinum


Joined: 05 Oct 2015
Location: NZ
Status: Offline
Points: 2707
I wonder where you draw the line. If I lob a couple of spearos over the side at a wash rock maybe 1km offshore, then we drive off a few hundred metres for a line fish, do we need a dive flag up? If we're nearby and have a flag up, do the swimmers need one on their float too? Obviously bubble-blowers don't have one for practical reasons, but if they are covered by the boat's flag then surely a freediver is too?

If the boat and spearo are within 200m of the shore, do you need a flag? I mean, probably wise to have one anyway, but is it required?

The regulations seem kinda unclear to me in some fairly common circumstances.
Back to Top
Post Options Post Options   Likes (2) Likes(2)   Quote Phantom Menace Quote  Post ReplyReply Direct Link To This Post Posted: 07 Nov 2019 at 3:46pm
Phantom Menace View Drop Down
Platinum
Platinum
Avatar

Joined: 28 Jul 2008
Location: Auckland
Status: Offline
Points: 2668
The legislation on diving and flags is pretty much focused on boats conducting SCUBA diving operations.

The legislation itself makes no mention of shore divers (free or otherwise).

The literature / brochures they publish now promote the use of floats and flags for freediving but it's not actually the law.  Note also that the size flag included in the legislation is not practical to tow round on a spearfishing float.  The flags in spearo floats are smaller.

Despite all the above I do use a float and flag because it just makes sense.
Back to Top
Post Options Post Options   Likes (1) Likes(1)   Quote paleale Quote  Post ReplyReply Direct Link To This Post Posted: 03 Dec 2019 at 4:15pm
paleale View Drop Down
Bronze
Bronze


Joined: 03 Dec 2019
Location: Auckland
Status: Offline
Points: 9
The flag, by design, is to improve safety... so why wouldnt someone use it?

I use/d one as an ocean swimmer to help myself AND help people who dont want to run me over

Help yourself and help others avoid you, is my mentality
Back to Top
Post Options Post Options   Likes (1) Likes(1)   Quote waynorth Quote  Post ReplyReply Direct Link To This Post Posted: 03 Dec 2019 at 5:45pm
waynorth View Drop Down
Platinum
Platinum
Avatar

Joined: 06 Mar 2005
Location: Kerikeri
Status: Offline
Points: 1456
Originally posted by Phantom Menace Phantom Menace wrote:

The legislation on diving and flags is pretty much focused on boats conducting SCUBA diving operations.

The legislation itself makes no mention of shore divers (free or otherwise).

The literature / brochures they publish now promote the use of floats and flags for freediving but it's not actually the law.  

Keep in mind it's not just MNZ who have authority and published rules. Northland Regional Council,  for example, address this issue in their Navigation Safety Bylaw. 
treat fish like fish
Back to Top
Forum Jump
Forum Permissions View Drop Down


This page was generated in 0.249 seconds.

Fishing Reports Visit Reports

Saltwater Fishing Reports
Top of the South Fishing Report - 22/03/24

Tasman and Golden Bay snapper still running hot We are not far away from daylight... Read More >

22 Mar 2024
Saltwater Fishing Reports
Bay of Islands Fishing Report - 22/03/24

Variety is the spice of life On one recent trip, the plan was to spend a... Read More >

22 Mar 2024
Saltwater Fishing Reports
Hauraki Gulf Fishing Report - 22/03/24

Fish where the fish are! Catching fish or just going fishing? I tackle this issue... Read More >

22 Mar 2024
Saltwater Fishing Reports
Inner Hauraki Gulf Fishing Report - 22/03/24

Thoughtful tactics required for better fish Over the course of each year the fishing varies,... Read More >

22 Mar 2024
Fishing bite times Fishing bite times

Major Bites

Minor Bites

Major Bites

Minor Bites