Purchasing a marina berth or buying a bigger boat;
With regards to berth licence transfers, please consider the following. You must ensure the nominated vessel fits within the licence dimensions and be aware this is different to the actual berth size. It must be understood that turning a blind eye to the over-length to date does not provide legal acceptance of the occupancy.
We advise that we are reviewing all vessel lengths within the marina and comparing their nominal license length and their actual physical length characteristics.
The berth license is precise in detailing the dimensions of the beam and the overall length of the vessel entitled to occupy the berth water space. It is expected that vessels should conform to this legal obligation, as operating expenses are calculated from those dimensions.
The process of purchasing a berth:
If you wish to sell your berth licence, you will need to contact the marina office to get the transfer form applicable to your Berth Entitlement Unit (BEU).
The form needs to be completed and signed by all outgoing parties (if the berth is in a trust, all the incoming trustees who purchased the berth will need to sign, or trust deed documents provided outlining any changes of trustees)
There is a transfer fee of $1,778.00, which will be invoiced to the outgoing party account, this needs to be paid prior to the transfer.
If the berth is being transferred into a trust, ALL trustees listed in the trust deed (which needs to be provided with the transfer form) will need to sign the transfer form.
When the Marina office has been notified of the confirmation of sale, the transfer will be executed, and we will be in contact when the final documentation is ready for sign-off. ALL incoming signees must be available to come into the Marina office and sign the income form within ONE month of the transfer date.
On signing of the Berth Schedule and issuing of the Berth Licence Certificate, access will be provided to the berth, and the parking account will be set up.
Ongoing annual Operational Expenses
BEU Licence holders are required to pay the Annual Operational Expenses (OPEX). This is invoiced in May, and due for payment by the end of June. This must be paid in advance; no payment plans will be accepted after the due date. Information on Annual OPEX amounts is here.
Westhaven Marina Limited Annual Report
Westhaven Marina Limited Annual report is available on request for BEU Licence holders. Please contact email@example.com
For the full Marina Berth licence:
Control Of Activities Within The Westhaven Boatharbour
Fastenings and security of vessel
Mooring lines shall be provided by the Licensee of such nature as may be required by the Licensor and shall be maintained by the Licensee to the Licensor’s satisfaction, provided that if such mooring lines prove to be inadequate by design or lack of maintenance, no liability shall attach to the Licensor and the Licensee shall keep the Licensor indemnified against all claims arising therefrom.
The Licensor may serve on the Licensee a notice requiring the Licensee, within the time specified in the notice, to repair the fastenings to ensure that they will safely secure the vessel.
Should the Licensee fail to comply with any such notice within the time specified, the Licensor may, without incurring any liability for so doing and without further notice, repair such fastenings and recover the cost plus 10% from the Licensee.
No alterations of berth or structures
The Licensee shall not alter or modify the Berth or adjacent structures or make any additions, such as fendering or dinghy racks, without the prior written approval of the Licensor.
Use of Facilities
The Licensee may use the water, power and any other facilities provided on the structures in common with any other berth licensees on an occasional basis only but shall not use the facilities for any continuous period greater than 24 hours. If the Licensee requires more regular use of such facilities, special arrangements must be made with the Licensor, which may make an extra charge to cover any additional costs. The Licensee shall, in the use of such facilities, utilise only appropriate fittings which comply with all relevant codes and regulations.
No pollution of Westhaven Boatharbour
The Licensee shall not pollute or permit the pollution of the Westhaven Boatharbour or discharge into the Westhaven Boatharbour or its waters, any poisonous, noxious, dangerous or offensive substance or thing and, in particular, shall comply with the provisions of the Resource Management Act 1991. Without prejudice to the generality of the preceding sentence, the Licensee shall not discharge any sewage or otherwise empty any latrines into the Westhaven Boatharbour or otherwise dispose of any garbage, oil, fuel or other material whatsoever on or in the Westhaven Boatharbour except into containers or other receptacles which may be provided by the Licensor. The failure of the Licensor to provide containers or receptacles shall not derogate from the Licensee’s obligations under this provision.
The Licensee shall ensure that any boat using the Berth is equipped with either:
(i) a sewage holding tank that can be discharged into a land-based pump-out facility; or
(ii) a suitable, portable sewage holding tank that can be carried to, and emptied at, the amenities block situated on the land forming part of the Existing Marina.
The Licensee shall not permit or suffer any pet belonging to the Licensee or in the Licensee’s charge to enter or remain on or in the Westhaven Boatharbour under the control of the Licensor unless, in the case of dogs, such dogs are led by chains, straps or other efficient restraints. The Licensee shall clean up any pet fouling left by the Licensee’s pet or any pet in the Licensee’s charge.
The Licensee shall not engage in any swimming, diving or underwater activities within the Westhaven Boatharbour provided that this shall not prohibit underwater maintenance of the Nominated Boat subject to the provisions of clause 12.4 and such reasonable directions as the Licensor may stipulate from time to time.
Control of boats in the marina
The Licensee shall not sail or moor within the Westhaven Boatharbour and will manoeuvre any boat so as to avoid:
-creating a danger or impediment or obstacle or inconvenience to other marina users; or
-obstructing the public right of navigation through the Westhaven Boatharbour.
No noise nuisance
The Licensee shall ensure that all halyards, lines, ropes, rigging and sails on the Licensee’s boat whilst berthed in the Existing Marina are secured so that they shall not create any noise. The Licensee shall not create a nuisance through parties or the use of television, radio, musical apparatus or any other form of sound reproduction.
No storage in the marina
The Licensee shall not permit or allow any property, gear or equipment under the control or direction of the Licensee to be stored on or in the Westhaven Boatharbour, including the walkways, fingers or foreshore thereof, without the written permission of the Licensor.
The Licensee shall not consume alcoholic beverages within the Westhaven Boatharbour except on private vessels or on licensed premises, or other premises where consumption of alcoholic beverages is not prohibited by law.
Use of fire hoses
The Licensee shall not use fire fighting equipment supplied by the Licensor for any purpose other than the fighting of fires.
The Licensee shall not store motor spirit, petroleum, petroleum products, fuel, oil, liquified petroleum gas, compressed natural gas, kerosene or goods of a similarly dangerous or similarly inflammable nature on any marina structure or area under the control of the Licensor without the prior written approval of the Licensor.
The Licensee shall not bring within the Westhaven Boatharbour any motor spirit, petroleum products, fuel oil, liquified petroleum gas, compressed natural gas, kerosene or goods of a similarly dangerous or similarly flammable character without the permission of the Licensor PROVIDED THAT nothing in this clause 12.12 shall prevent the Licensee from carrying:
(i) reasonable quantities of fuel (required for vessels’ engines) in tanks (maintained to all appropriate and relevant standards) which are properly fixed and installed in vessels;
(ii) small quantities of fuel reasonably required for engines or stoves in small safe containers. For the purposes of this sub-clause small quantities of fuel shall mean quantities not greater than 10 litres.
The Licensee shall not carry out any refuelling of any boat within the Westhaven Boatharbour save from the type of containers set out in subclause (b) above and from permanent fuel facilities approved by the Licensor.
No living on board
The Licensee shall not live on board any boat at the Berth or permit anyone else to do so. For the purposes of this clause, the expression “living on board” shall mean sleeping overnight on the boat for two consecutive nights or more.
Control of visitors
The Licensee shall not permit or allow any children for whom the Licensee is responsible, being children under the age of 12 years, to enter into the Westhaven Boatharbour unless accompanied by an adult. The Licensee shall also ensure that the Licensee’s guests, invitees and other people accompanying the Licensee comply with the terms of this licence.
No unlawful activities
The Licensee shall ensure that no unlawful activities are conducted from, or on, the Nominated Boat or the Berth.