Owning A Berth
The following information is to assist berth licence owners or prospective owners understand the terms and conditions of owning a berth at Bayswater Marina. Each New Zealand Marina has its own set of regulations, so some of this information will differ from Marina to Marina.
1. Ownership Type:
Most New Zealand Marinas are formed on the basis of each berth/slip being owned/leased by an individual, rather than the overseas model of common ownership. At Bayswater Marina the entire Marina of 415 berths has been developed on the basis of individual ownership. An owner is often referred to as a Berthholder, as they hold the licence to occupy the berth for a set period. The licence for the berths/slips to occupy the seabed is granted on the basis of the resource consents that are issued in Auckland by the Auckland Regional Council (ARC) on behalf of the by the Department of Conservation. New Zealand resource consents can be granted for a maximum of 35 years, and this is what Bayswater was granted in the mid 1990s.
2. Licence Period:
The Berth Licences at Bayswater were first issued on the 29th August 1998 will all long term licences running through to a termination date of the 5th June 2031. At this time the Marina may be required to be removed, but more than likely the Manager of the Marina may have applied and received a new resource consent, which will allow them the ability to sell new licences.
3. Berth Ownership
Bayswater Marina makes berth ownership an easy and attractive option for securing a berth. We provide berth ownership for both boat owners and for investors who wish the Marina to sub-lease their berth out to others.
4. Berth/Slip Uses:
Berths at Bayswater can be used for multiple purposes, though some uses have limitations on the number of berths being used for that use at any one time. Predominately the berths/slips are used by recreational users, but a number of berths are used by commercial operators, undertaking commercial operations such as sail training, fishing charters, or harbour cruises. The berth licence provides for a surcharge to be placed on all users who are not recreational users.
5. Berth/Slip Size Limitations:
Each berth has a set size limitation, which specifies the overall length, beam, draft and weight of any vessel occupying the berth. All berth size dimensions are listed clearly on the individual licence schedule of the berth/slip. A sample berth licence can be downloaded on the forms page.
6. Berth Licence Conditions:
The conditions attached to the ownership of a berth licence are listed fully in the berth licence, which can be viewed on the forms page. Some licence conditions are specific to Bayswater Marina, others will be found at many Marinas. The following conditions are a selection of the major conditions:
a. Berth Licence Sales/Transfers:
A Berth Licence can be transferred by the licence holder to a third party at any time. This condition differs from those Marinas whereby licence transfers are restricted to only being able to be transferred back to the Marina Manager, usually at a set price. A Transfer Fee is applied to any transfer, with the fee based upon the size of the berth. A Transfer Fee schedule can be downloaded on the Forms page. Prior to the transfer to a third party a licence holder must first offer the berth back to the Marina Manager at the price and terms being offered to the third party. The Marina Manager will either allow the sale or accept the offer and take possession of the berth. Please see Section 11 of the Berth Licence below for the full terms and conditions.
b. Using the Berth/Slip:
The licence holder must first present all details of his/her vessel to the Marina prior to the vessel using the berth. At that time the vessel’s length, beam and draft will be confirmed and compared to the berth dimensions to confirm a fit. The Marina will also wish to see proof of insurance cover for the vessel before its arrival and confirmation that the vessel holds a current electrical warrant of fitness if the vessel wishes to take power from the Marina. Please see Section 12 of the Berth Licence below for the full terms and conditions.
c. Ability to allow others to use the Berth/Slip:
The berth licence does provide for a Licence Holder to sub-lease the berth to a third part, though strict conditions apply which include the berth licence holder applying to the Marina Manager for permission to allow the berth to be subleased. Much like the transfer of the berth, a Berthholder must first offer the berth to the Marina Manager at the price and terms being offered to the third party, and again the Marina Manager may approve the sublease or take possession of the berth and provide the offer price to the Berthholder for the period of the offer. Current limitations restrict any sublease to a maximum of 1 year, after which time a new offer must be made to the Marina Manager. An application fee for the sublease requests must also be made to the Marina Manager. Please see Section 12 of the Berth Licence below for the full terms and conditions.
d. Marina Running Costs:
The costs of running the Marina are shared by each and every Berthholder. The costs are shared on the basis of berth size, and are termed Operation Expenses. A full schedule of current Operating Expenses can be viewed and downloaded on the forms page and can be viewed alongside the berth price guide. These annual expenses are payable to the Marina Manager monthly in advance, and are accounted for in full at the end of each financial year, with an audited set of accounts distributed to each and every Berthholder at the end of each financial year end. Please see Section 4 of the Berth Licence below for the full terms and conditions.
e. Marina Rules:
A full listing of the Marina Rules are provided on the forms page and are updated regularly. The rules look to provide a safe and well managed Marina which can be enjoyed by all. Some basic and fundamental rules are also listed in Section 8 of the Berth Licence.
f. Marina Refurbishment Fund:
Along with the Operating Expenses, Berthholders are required – on an annual basis – to contribute to a refurbishment fund. This fund is secured and held by the Trustee and is used to undertake maintenance within the Marina which is regarded as non regular and often substantial.