1. If this application is being completed by a person who is not the owner of the vessel, that person warrants to the Otago Regional Council (ORC) that:

1. 1. They have authority to enter into this agreement, and bind the owner(s) on their behalf; and
   2. The Owner of the named Vessel holds public liability insurance through a Pleasure craft or Blue Water type insurance policy with no less than $2,000,000 public liability cover.

1. The ORC has available two Visitor Swing Moorings for visitor moorings – refer Schedule 1 for details.
2. Only Vessels that comply with the maximum vessel length and draught (refer Schedule 1) for the respective Visitor Swing Mooring locations may use the moorings.

1. The Applicant can make a booking to occupy a Visitor Swing Mooring either:

1. 1. online on the Otago Regional Council website www.orc.govt.nz; or
   2. email atharbourmaster@orc.govt.nz

2. The minimum time an Applicant can occupy a Visitor Swing Mooring is 24 hours (one day) commencing at 3.00pm (15:00 hours) on the date which has been booked.
3. The maximum time an Applicant can book a Visitor Swing Mooring for their Vessel is 48 hours (two days) commencing at 3.00pm on the first day of the booking (“Maximum Time Limit”).
4. The Applicant may apply for the Vessel (not Vessels) to occupy one, not both of the Visitor Swing Moorings, for no more than 48 hours in any period of 30 consecutive days.
5. The 30-day restriction (above) applies to both Visitor Swing Mooring locations – for example – both sites cannot be used within 30 consecutive days.
6. Bookings are personal to the Applicant and to the listed Vessel and cannot be transferred to a 3rd person or another vessel.

1. The Applicant may request an extension to the Maximum Time Limit by requesting the changes through one of the ORC communication channels set out in clause 3.a.
2. The ORC has sole discretion on whether to grant the extension, and if so, on what terms.
3. If the ORC grants the Applicant an extension to the Maximum Time Limit under Clause 4.b, the ORC may charge the Applicant $40 (incl. GST) for each 24 hour period (or part thereof) of the extended period. The Applicant must pay the charge within 7 working days after the date of invoice.

1. The Vessel must depart from the booked Visitor Swing Mooring by 3.00pm (15:00 hours) on the expiry of the booking, unless the maximum time limit has been extended in accordance with clause 4.
2. If the Vessel has not departed from the Visitor Swing Mooring at either:

1. 1. The booked departure day/time; or
   2. The direction of the ORC Harbourmaster; or
   3. The direction of ORC staff if the booking is cancelled in accordance with clause 6

ORC may remove the Vessel from its Visitor Swing Mooring and store or dispose of, at its discretion. The costs being the liability of the Applicant and/or Owner. If the Vessel is sold (or its components), then the proceeds shall be applied to the cost of removal, storage and disposal and any balance payable to the Applicant.

3. The ORC (including the Harbourmaster) shall not be liable for any claims, damages, liabilities, losses or expenses to the Vessel or Applicant and/or Owner, personal property or any injury to persons onboard the Vessel at the time of removal, as a result of the failure to comply with clause 5.

1. At the Harbourmaster’s sole discretion, the booking maybe cancelled without notice, or compensation, at any time.
2. If the booking is cancelled in accordance with this clause:

1. 1. The Vessel must be removed from the mooring immediately.
   2. No compensation is payable by the ORC to the Applicant or any other person.

1. The Applicant must comply with all reasonable directions of the Harbourmaster associated with the use of the visitor moorings.

1. All sewage (including grey water waste and black water waste) and rubbish must be retained on board and disposed of ashore or in accordance with MARPOL.

1. The Applicant must ensure that all rules, bylaws and legislation are followed at all times including:

1. 1. All legal obligations relating to the Vessel; and
   2. All legal obligations relating to the navigation and use of the Otago Harbour.

1. The information provided in your application will be collected, used and disclosed in accordance with the ORC’s Privacy Policy which can be accessed at www.orc.govt.nz/privacy-and-tscs.

1. Persons use the visitor moorings entirely at their own risk. ORC and the Harbourmaster make no representation and give no warranty about the safety of the Harbour or the safety and security of the mooring or its fitness for purpose.
2. Persons using the visitor moorings are liable for any damage.
3. The Applicant must fully indemnify, the ORC and the Harbourmaster against any claim, damages, liabilities, losses or expenses whatsoever arising out or in connection with the use of the Visitor Swing Moorings.
4. All ORC legal costs and other costs (including staff times at normal rates) of enforcing the terms and conditions are payable by the applicant.
5. Any damage to the Visitor Swing Moorings must be reported to the Harbourmaster immediately by the Applicant through any of the communication channels stated in 3.a.

1. The ORC’s grant of permission to use the mooring does not derogate or limit the functions, powers or duties of any person, including the ORC, or any other organisation, including any Harbourmaster, enforcement officer or any other person exercising any function, power or duty conferred by or under any enactment.
2. Persons using the visitor moorings are liable for any damage.
3. The Applicant must fully indemnify, the ORC and the Harbourmaster against any claim, damages, liabilities, losses or expenses whatsoever arising out or in connection with the use of the Visitor Swing Moorings.
4. All ORC legal costs and other costs (including staff times at normal rates) of enforcing the terms and conditions are payable by the applicant.
5. Any damage to the Visitor Swing Moorings must be reported to the Harbourmaster immediately by the Applicant through any of the communication channels stated in 3.a.

The Visitor Swing Moorings are available at the following locations:

• Careys Bay (one visitor mooring available)
• Deborah Bay (one visitor mooring available)

The coordinates of Careys Bay mooring are 45’48.329S 170’37.683E. Note: the Careys Bay mooring has a maximum vessel length of 20 metres and a maximum draught of 2.5 metres.

The coordinates of Deborah Bay mooring are 45’48.142S 170’37.782E. Note: the Deborah Bay mooring has a maximum vessel length of 12 metres and a maximum draught of 1.5 metres.