5 September, 2024

Marina wants public excluded from popular breakwater

Cutting access will deprive public of enjoyment – councillor

Closure sought… the breakwater at Bayswater Marina

Bayswater Marina Ltd is attempting to permanently block public access to its breakwater.
The original consents for Bayswater Marina – issued more than 25 years ago – granted public access to the 900m outer breakwater.
But a resource consent application to vary the consent, excluding public access and use of the popular breakwater, was lodged with Auckland Council last week.
The breakwater has been closed to the public since December 2023, after a drowning near the marina.
“The dangers [of the breakwater] were highlighted at the end of 2023 when the marina team had the tragic experience of assisting authorities following the drowning of a man in the waters outside the marina,” the consent application said. “Although the circumstances of the drowning are not known, the marina cannot rule out that he fell off the marina breakwater. Staff took the decision to close the breakwater and pier gates to the public.”
Bayswater Marina then commissioned a health and safety investigation which found that under the Health and Safety at Work Act, the marina was responsible for users of the breakwater.
However, council’s environmental monitoring team, following an investigation, ruled that the marina’s consent conditions did not allow for permanent closure of the breakwater. Council sent a letter to Bayswater Marina in July 2024 saying it was in breach of its consent and must either open the breakwater or apply to amend it.
The public breakwater was effectively compensation for the privatisation of public seabed to create the marina. It has been extremely well used by locals and visitors alike as both a popular fishing spot and a long walk out into the Auckland Harbour.
North Shore councillor Chris Darby said: “I expect there to be considerable public interest in a variation to the consent condition that provides public recreational access to and enjoyment of the outer breakwater.
“Taking away the opportunity to stroll along the breakwater and fish from the breakwater would be a considerable loss of enjoyment for thousands.” Darby said the application “to deny public access warrants full notification to the public.”

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Boardwalk access too dangerous – report

The potential for serious or fatal injuries to casual public visitors from slips or trips is too high to allow the breakwater to reopen, according to a health and safety report prepared for Bayswater Marina.
“Based on this risk assessment, the gates controlling access to the piers and the breakwater should remain locked to exclude casual public visitors,” the April 2024 report by Impac Consulting says.
Exposure to slips and trips on marine structures is a more significant hazard than exposure to slips and trips in other environments, the report says.
“Evidence of the level of risk is proved by the recent number of serious and fatal injuries associated with marinas in New Zealand and overseas.” Six people have drowned off marinas in New Zealand since 2014. In the United States, studies showed 107 people had drowned off marinas from 2008 to 2017, the report says.
Signs were Bayswater Marina’s only option for raising public awareness of marine-structure hazards.
The marina is exposed to swells from several directions. “Even swells of less than one metre result in significant and unpredictable movement of the breakwater… Auckland’s variable weather conditions also mean that swells can increase suddenly,” the report says.