Marina Rules

Dated: 29/08/2022


1.1           These Rules shall apply to any user of Milford Marina (the Marina) and supplement Marina Berth Licences between Milford Mariners Inc (MMI) and berth licensees/users (each a Licence).  By entering the Marina, the user accepts these Rules.

1.2           These Rules may be varied from time to time in accordance with the Licence.


Only licensed boats allowed

2.1           No person shall berth or knowingly permit any boat to be berthed in the Marina unless the owner (the Licensee) of that boat (the Named Boat) is licensed to use that berth (the Berth) for that Named Boat under a Licence (or the person otherwise has written permission from the Marina Manager (being MMI and any other person MMI appoints to manage the Marina)).

Recreational boating only

2.2           Each Licensee shall use the Berth only for berthing the Named Boat for recreational boating purposes and not for any commercial or other use or purpose.

Boat requirements

2.3           Each Licensee shall at all times ensure that:

(a)           The Named Boat is seaworthy, capable of making way under its own power, passes any safety inspection required by MMI and is otherwise in a good state of repair.

(b)           No part of the Named Boat (including any fittings or attachments (including pulpits, platforms, bowsprit, engines, rudders or dinghies)) extends beyond the dimensions of the Berth unless MMI approves otherwise in writing.

(c)           The fittings and mooring lines on the Named Boat are of suitable strength, design and condition to adequately and safely secure the boat and the Named Boat is so secured at the Berth on the mooring points provided. Provision of adequate mooring lines is the responsibility of the Licensee.

(d)           If the Named Boat is connected to shore electricity reticulation (which is only allowed while Licensee is in attendance), all electrical leads between the Named Boat and the shore outlet do not present a health and safety hazard, have a valid electrical test tag and comply with all relevant electrical regulations (including the Licensee holding a current electrical warrant of fitness) and any other requirements imposed by the Manager. The supply of electricity is not guaranteed and should not be relied upon.

(e)           All halyards and other lines and rigging on the Named Boat are secured so as not to generate noise.

(f)            The Named Boat, and all of the Licensee’s activities at the Marina, comply with all applicable laws and regulatory requirements and any guidelines, codes of practice or other instructions or directions issued by regulatory or territorial authority.

(g)           Should a ladder be required within the berth to access the Named Boat at all tides this is a permitted activity however no alterations or additions are to be made to the Berth or adjacent structures without the prior written consent of the Licensor. Provision and ongoing maintenance of a ladder is the responsibility of the Licensee.

Milford Marina is located in a Residential neighbourhood

2.4           Each Licensee acknowledges and agrees that:

(a)           The Marina is located within a residential neighbourhood.

(b)           In establishing the Marina, MMI intended that the Marina would be and continue to be an active Marina where the boats, owned by the holders of berth licences, are actively used and enjoyed.

(c)           The Marina and the Berth must not merely be used as a storage facility for the Named Boat.

(d)           The Licensee must, in MMI’s sole opinion (taking into account the different seasons and weather), continuously and actively use the Named Boat during the term of the relevant Licence or otherwise obtain the Manager’s prior written approval.

Berth use restrictions

2.5           No person shall:

(a)           Operate any boat in the Marina at a speed greater than 5 knots or outside the marked navigation channels, or otherwise operate or moor in a manner that causes or risks damage to other property or discomfort, danger, obstacle or inconvenience to MMI or other persons.

(b)           Leave anywhere in the Marina anything that restricts the passage of pedestrians or otherwise causes a danger, obstacle or inconvenience, nor store anything within the Marina without the Manager’s prior written permission.

(c)           Erect any structure (including any signage) within the Marina nor attach any item to any piles, piers or walkways without the consent of the Manager.

(d)           Use firefighting equipment supplied by MMI for any purpose other than fighting fires.

(e)           Solicit for business within the Marina or use a boat or any part of the Marina as a business address without the prior written permission of the Manager.

(f)            Use electric sanders or spray painting equipment within the Marina.

(g)           Dry laundry on board any boat or structure within the Marina.

(h)           Engage in conduct that is illegal, obnoxious or offensive or that adversely affects the peace, enjoyment or privacy of other Marina users or anyone else (including by generating excessive noise) or in any way interferes with or obstructs MMI’s business operations.


If a Berth is to be unoccupied for an extended period, the Licensee may sub-lease to another person, however they must use their best endeavours to notify the Manager at least 7 days’ in advance, and ensure insurance of the sub-leasing vessel and contact details are provided.


Open 24/7

4.1           The Marina shall be open twenty-four (24) hours a day to all Licensees.


4.2           All car parks are public and operated by Auckland Council. Use of car parks is shared with members of the public and is at the Licensee’s risk.

Contractors and service providers

4.3           Each Licensee will ensure that any contractor or service provider engaged by that Licensee who wishes to access a boat at the Marina to provide goods or services, before entering the Marina:

(a)           registers with the Manager via email;

(b)           complies with MMI’s permit to work policy (where applicable); and

(c)           provides evidence, satisfactory to the Manager, of their permission from the relevant Licensee to access the relevant boat.


5.1           No person shall pollute or permit the pollution of the Marina or the surrounding environment.  In particular no person shall discharge or dispose of any sewage, garbage, oil, fuel or other material or contaminant on the Marina or into its surrounding environment.

5.2           Licensees must co-operate and comply with any requirements of any relevant authorities responsible for surveillance, surveys and control of unwanted or risk organisms.

5.3           The Manager may, in its sole discretion, exclude from the Marina any boat or equipment which is known to harbour unwanted or risk organisms until satisfactory evidence is produced to the Manager that appropriate treatment has been completed.

5.4           Refuelling of boats within the Marina shall only be by means of hand held approved fuel containers (complying with applicable laws and regulatory requirements). Fuel and other hazardous substances may not be stored anywhere within the Marina, provided that LPG cylinders and lubricants required for normal boat operations may be stored on board in compliance with all applicable laws and regulatory requirements.


6.1           No person shall live on board (i.e. sleep overnight for 2 or more nights) any boat at the Marina or permit anyone else to do so.

(b)           To avoid doubt, living aboard vessels is not permitted, nor is allowing any unrelated person (not being a Licensee or their immediate family) to live aboard a vessel;

(c)           Pets are permitted on-board while the boat is occupied, subject to compliance with any other applicable Rule.

(d)           Vehicles in the nearby car parks must be maintained in good condition and must not to be used as storage.


All children entering into the Marina shall be accompanied by and supervised at all times by a responsible adult.


No person shall swim, dive, fish or engage in any other underwater activities within the Marina, other than for the purpose of any inspection, repairs or maintenance of the Named Boat (and then only in accordance with all applicable laws and regulatory requirements and any instructions or directions of the Manager).


No person shall consume alcoholic beverages within the Marina, except on private boats or on licenced premises or other premises where the consumption of alcoholic beverages is not prohibited by law.


Subject to Rule 6.3(c) above, no animals or pets shall be kept in the Marina without the prior consent of the Manager. All animals and pets shall, while on the Marina, be led by a chain, strap or similar efficient restraint. Licensees must ensure that animals and pets do not cause a disturbance to any other Marina user and any damage or faeces caused by animals and pets is immediately rectified and cleaned.


11.1         Each Licensee, and every other Marina user, agrees and undertakes to ensure so far as is reasonably practicable the health and safety of all workers and other persons whose activities are influenced or directed by that Licensee or user and to undertake all activities in strict compliance with MMI’s health, safety, security and environmental directions, instructions, policies and procedures and all applicable laws.

11.2         Each Licensee and Marina user shall immediately notify the Manager:

(a)           of any personal injury or property damage, or any incident exposing any person to a serious risk to their health or safety, caused by the Named Boat or by any act or omission of the Licensee/user or its invitees, agents and employees (in addition to complying with any applicable law or legal requirement); or

(b)           if it identifies any actual or potential health and safety hazard at the Marina, whether due to that person’s activities or not.


12.1         Unauthorised use of the Marina is trespass. Without limiting any other right or remedy MMI may have, MMI may impose a charge for unauthorised use of the Marina calculated based on MMI’s prevailing daily berth rental fee (set out in the Marina fee schedule published on the Marina website from time to time) plus any additional amounts MMI requires to recover its costs (including without limitation, legal and other enforcement costs).

12.2         MMI may move or remove any unauthorised vessel from the Marina and may enter on the vessel for that purpose. MMI has a lien over any vessel or other property located at the Marina for all amounts payable under the Payments section of the terms set out in MMI’s Marina Berth Licences.