A bit more info copied from crew.org.nz
Ok, I have read all the links and here is my current take.
The guy was inexperienced.
The boat was not well equipped for this type of voyage
told a non sailor ashore that he would check in every day
He did not. Turns out it was just flat battery
causing coms failure. There was no backup.
Mate ashore reports he's missing.
He is located by SAR and GIVEN a handheld vhf. He is left alone but another vessel in the area keeps an eye on him.
He fails to use that to report for several more days.
This time CG is accompanied by police, and via MNZ he is required to proceed into port. As the nearest port is over a working bar ( NOT closed) he is assisted over the bar.
MNZ, using well established laws, restricts him from leaving until he has what they consider appropriate safety equipment
etc before he can leave.
IMO, now I have a better understanding of what happened, this is pretty much what I'd expect. His nominated shore contact reported he was missing, and SAR initiated a search as they are required to do. He was found, and the issue was explained to him. He was given a free vhf handheld. He still did not report over several more days. He was then obliged by the police acting on MNZ's behalf to come in to port and they have used their authority to try to ensure the wasted public funds are not added to.
If you want to do a coastal trip, and don't want anyone looking for you, don't do a TR, and dont tell anyone (especially a novice) ashore that you will check in on set periods. If you get into trouble, you'll have to rely on your self, and your on board gear
to call for help. Fine with me.
Here is the section of the Maritime act that MNZ used;
55 Detention, etc, of ships and maritime products
The Director may from time to time do all or any of the following:
detain any ship or any ship of a particular class:
seize any maritime product or any maritime product of a particular class:
prohibit or impose conditions on the use or operation of any ship or any ship of a particular class, or the use of any maritime product or any maritime product of a particular class:
impose conditions on the release from detention or seizure of the ship or maritime product.
The powers under subsection (1) may be exercised where the Director believes on clear grounds tható
the operation or use of any ship or maritime product or class of ship or maritime product, as the case may be, endangers or is likely to endanger any person or property, or is hazardous to the health
of any person; or
the appropriate prescribed maritime document is not for the time being in force in respect of the ship, or the master or any member
of the crew of that ship, or the maritime product, as the case may be; or
any maritime document required by maritime rules in respect of the ship or maritime product, as the case may be, has expired; or
the conditions under which a maritime document in respect of a ship or maritime product was issued or recognised, or the requirements of that document, are not being met; or
the watchkeeping requirements specified for a ship by the State in which the ship is registered are not being met; or
the conditions imposed under paragraph © or paragraph (d) of that subsection are not being met.
The powers under subsection (1) may also be exercised where the Director is satisfied, on clear grounds, that the master is not, or crew are not, familiar with essential shipboard procedures for the safe operation of the ship.
Nothing in this section shall permit
the Director to detain a ship where that detention would constitute a breach of any convention.
Any detention or seizure under subsection (1) shall be maintained for only such time as is necessary in the interests of maritime safety
or the health
or safety of any person; but, if ships, maritime products, or parts
thereof are required for the purpose of evidence in any prosecution under this Act, those ships, products, or parts
thereof may be retained by the Director for such period as the Director considers necessary for that purpose.
The Director shall, if requested by the owner or the person for the time being in charge of a ship detained or a maritime product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.
Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.
For the purpose of subsection (1), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.
Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition notified under this section.
Every person who commits an offence against subsection (9) is liable on conviction,ó
in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
in the case of a body corporate, to a fine not exceeding $100,000.
Compare: 1990 No 98 s 21
Section 55(10): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
I really don't have a problem with this, he could have stopped the issue himself after the first "search" by complying with the reporting arrangements.
I think this is a storm in a teacup, mostly by those on here who don't have the whole story. It's simple. He had a shore based contact, and a report schedule. He did not meet it. He was searched for, found, given new coms, left. He still did not meet the report schedule, he was searched for again and detained - for training and gear
, so he does not waste any more of the public funds.
Fair enough in my book.
Nothing here restricts your ability to make a NZ coastal passage
in a crap boat with no training or gear, UNLESS you are bought to the attention of the authorities. Then, MNZ can stop you if required. It certainly does not happen often 2x in the last 4 years that I can recall
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