Published on 25 Mar 2025

Balancing Commercial Needs with Community Access: Developing smart maritime regulations

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When commercial oyster farmers and recreational boaters clashed over limited maritime facilities in New Zealand's Far North District, Allen + Clarke supported the local council to develop a practical solution.

We reviewed outdated bylaws, and proposed creating dedicated zones for different users, implementing a sustainable fee structure and recommended workable enforcement mechanisms.

Our approach not only resolved tensions at Ōpito Bay but created a district-wide framework for managing high-demand maritime assets.

We analysed approaches from similar councils to develop proven models for fees, zoning and enforcement that balanced commercial interests with community access. We delivered comprehensive practical recommendations within three months, ending a four-year regulatory stalemate.

Maritime facilities under pressure

Far North District Council faced growing community frustration. The Maritime Facilities Bylaw 2002 and Mooring Charges Bylaw 2002 had fallen into disuse and went largely unenforced. Their boat ramp and wharves had become flashpoints between commercial operators and recreational users. At Ōpito Bay, commercial oyster farmers regularly used the community boat ramp, angering local residents who found their access increasingly limited. 

Although the Council had drafted an improved bylaw in 2017 that members approved in principle, implementation had stalled for four years, further eroding community confidence. 

The Council needed practical solutions to balance competing interests, generate revenue for facility maintenance and restore community satisfaction. 

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A strategic solution

We implemented a methodical approach to deliver results within three months:

  • Conducted inception meeting with Council's Strategy Development Manager. 

  • Established clear project parameters and outcomes. 

  • Analysed existing bylaws and their implementation gaps. 

  • Researched approaches from comparable authorities. 

  • Conducted targeted stakeholder interviews to understand needs. 

  • Facilitated collaborative workshop with Council staff to evaluate options. 

  • Developed comprehensive final report with practical, implementable recommendations. 

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Our solution: practical regulation with clear benefits

Our analysis identified several interconnected issues including commercial operators used recreational facilities in ways that created access barriers; facilities faced significant wear and tear without sustainable funding; existing bylaws were outdated and largely ignored and any new regulatory framework would need effective monitoring. 

Based on our research and stakeholder consultation, we developed four options for the Council, ultimately recommending a 'hybrid' approach that combined the strongest elements of each. 

  • Used the already-drafted 2017 Maritime Facilities Bylaw as a foundation. 

  • Added designated commercial and recreational zones for clear separation. 

  • Implemented a sliding scale fee system to fund maintenance fairly. 

  • Created practical enforcement mechanisms including collaboration with the Harbourmaster. 

  • Proposed technology solutions like CCTV and automated payment systems. 

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Most importantly, we delivered practical solutions to community tensions, ensuring maritime facilities throughout the district could be enjoyed fairly by all users.

Delivering both immediate and long-term benefits

By building on existing work rather than starting from scratch, our approach addressed immediate issues efficiently while accelerating implementation. 

The Council adopted our recommended solution in December 2021, delivering: 

  • Clear separation between commercial and recreational maritime zones, ensuring equitable access. 

  • Sustainable revenue streams for maintaining and improving facilities. 

  • Practical enforcement mechanisms with appropriate penalties. 

  • Modern, sustainable approach to maritime facility management aligned with other councils. 

  • Resolved a four-year regulatory stalemate, restoring community confidence. 

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Interconnected coloured pathways forming abstract network diagram