Waikato regional councillors will be asked to vote on a committee recommendation to lobby for legislation which will enable swimming to be banned in the Aratiatia rapids.

It’s among a number of decisions made by a three-person hearings committee set up to consider submissions on proposed changes to the Navigation Safety Bylaw.

Last Friday (28 August), Taupō District Council, Mercury and the Department of Conservation told the committee that prohibition at the rapids would help to prevent the loss of more lives and should be included in the bylaw.

It followed the death of Rachael de Jong while swimming with friends on Waitangi Day 2017 after the floodgates of the Aratiatia Dam were opened.

The committee was told that a steel fence subsequently erected has made it extremely difficult to access the pool, and new graphic signage has been designed to emphasise the dangers and to stop people from entering the water. Education programmes involving all agencies, including regional council harbourmasters, have also been run in the Taupō district.

Hearings committee chair Stu Kneebone said councillors felt strongly that more needed to be done. But during lengthy deliberations the committee agreed with legal advice that the Navigation Safety Bylaw is unable to be used as a mechanism for banning swimming at the rapids.

The committee heard that swimming can be banned where it impedes the safe navigation of vessels, but because boats can’t enter the rapids the bylaw can’t be used. It would also make it impossible for harbourmasters to enforce the rule, the committee agreed.

Instead, the committee will ask regional councillors later this month to back a recommendation that would see the council join with other agencies to lobby for legislative change to prohibit public swimming in the rapids.

Councillors will also vote on a committee recommendation asking the Department of Conservation to investigate its ability to limit public access via the Conservation Act, and for all concerned parties to consider their liabilities under the Health and Safety at Work Act.

“At the end of the day there is nothing you can do to stop a determined person,” Cr Kneebone said.

“We agree that swimming in the rapids is unsafe. There are other options that should be explored, such as the Conservation and Health and Safety at Work Acts. But to get legislative change to ban swimming we need to join together to lobby for it.”

During the hearing the committee also received a request from the Piarere ski club to create an additional area for waterskiing further upstream on the Waikato River. However, during deliberations the committee agreed such a move would increase the risk for vessel users, particularly around Finlay Park and Epworth Camp.

In a separate issue, it was agreed by the committee that the council’s harbourmasters would work with members of the public to carry out safety assessments for swim zones and towing access lanes at Hahei and Whangapoua.

The committee also voted 2-1 against increasing the Whitianga Waterway speed zone from 3 knots to 5 knots.

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