New Zealand Immigration Officer Making Wild Claims

[zeehag]

i have friends in new zealand and oz, but i will not take my boat there fro anything...oz dislikes my termites, and nz dislikes my on board never leaves for shore duty cat---isnt hospitable for me there....lol..and is a looong way to go to be inspected fro cracks in hull....i can do that here myself..so far, is only thing NOT wrong withmy formosa...rodlmao...good luck...

bubba does not take kindly to strangers so quarantining him is not going to happen.

[donradcliffe]

Here is a reference to the NZ court decision, which held that the authorities do not have the right to apply local requirements to foreign boats:

Regulation of the safety of foreign pleasure craft on the high seas | Maritime Advocate

[goboatingnow]

Under international law, the Director of Maritime Safety was only entitled to be satisfied about the adequacy of a foreign pleasure craft, its equipment and crew to ensure compliance with accepted international standards and rules. In other words, the director could exercise powers under Section 21 if authorised by international convention.

This is not the same issue, that issue was the application of a specific local law onto pleasure vessels departing for the 'high seas'. It was primariuly ruled on appeal as being in conflict with NZ requirements under international law.


However in general maritime law and international maritime law does convey certain powers to determine if a ship can leave port, As far as I can see the customs authority is not claiming that NZs safety conditions are being violated ( ie no EPIRB etc) , he is more then likely using his authority under maritime laws.

Its unusual for it to be used against private boats, I would just check out and leave.

dave

[Bluewaters2812]

Goodbye New Zealand as a choice for me yachting. That link shows that only NZ yachts have to have that safety clearance certificate. Oh boy, a nanny state again!

[LakeSuperior]

Originally Posted by Bluewaters2812

Goodbye New Zealand as a choice for me yachting. That link shows that only NZ yachts have to have that safety clearance certificate. Oh boy, a nanny state again!

NZ has a notorious reputation as a nanny state!! In the case of yachting it comes about because NZ feels that as a civilized country they have an obligation to respond to mariners in distress.

In order to limit the number of search and rescue responses they have tried to impose arbitrary standards on yachts going offshore and consequently, have tried to nullify individual judgments including risk assessment.

Taking this to the extreme I suppose they could just make yachting illegal and disband the search and rescue functions saving the NZ taxpayers $$.

[SVNeko]

Originally Posted by goboatingnow

he is more then likely using his authority under maritime laws.

What authority? You're being vague. This case seems to say that NZ can't apply its own safety laws to foreign vessels (quite the contrary of what you initially wrote). If you mean international maritime laws, they can only come through treaty or convention (indeed, as this case notes) and I am not aware of any that allow authorities (particularly customs) to prevent a pleasure vessel from leaving port for safety reasons. The main safety treaty is SOLAS, and as far as I know it does not permit detention of recreational vessels not engaged in trade.

[Target9000]

If the guy is being a real stickler about safety, why not try to alleviate some of his fears. Offer to pull a chainplate bolt and show him the condition. Show him your route thus far to show you've got a history of good seamanship. Assure him that the plants go below while offshore. If he wants to check the hull for cracks, ask if you're on the hook for cost. If you are ask if you can dive and photograph the hull for him. Just bending to the authority or making a "good faith" effort to acknowledge what they're trying to do might work to some degree. Show him your log book and maintenance records. In short, let this official know that you take safety seriously and have a good record of seamanship.

As they say, its easier to swim with the river rather than upstream.

All that said... It does seem sort of incredible that a boat that sailed to NZ will get hassled leaving NZ and for things like "having SS chainplate bolts".

[witzgall]

You have not stated what the official says are the ramifications of his observations. Are they telling you that you cannot leave before they approve your boat, or are they just trying to apply their standards without any law to back it up? If you have not done so already, perhaps you could ask them what their intentions are?

Chris

[Bluewaters2812]

Originally Posted by witzgall

You have not stated what the official says are the ramifications of his observations. Are they telling you that you cannot leave before they approve your boat, or are they just trying to apply their standards without any law to back it up? If you have not done so already, perhaps you could ask them what their intentions are?

Chris

Yes and ask for a copy of the law he is relying on too.

[Jim Cate]

Why in the world is an IMMIGRATION officer even looking at your boat? In general they have no interest in anything except your body and your visa status.

Are you sure that you have your facts straight? Certainly is contrary to our past experiences in NZed.

Cheers,

Jim

[MarkJ]

Do a runner to French New Caladonia. If they are as relaxed there as they are in the Caribbean they wont worry about a NZ onward clearance (Zarpe)

[NoTies]

Originally Posted by LakeSuperior

NZ has a notorious reputation as a nanny state!! In the case of yachting it comes about because NZ feels that as a civilized country they have an obligation to respond to mariners in distress.

In order to limit the number of search and rescue responses they have tried to impose arbitrary standards on yachts going offshore and consequently, have tried to nullify individual judgments including risk assessment.

Taking this to the extreme I suppose they could just make yachting illegal and disband the search and rescue functions saving the NZ taxpayers $$.

Gotta love the paranoid nonsense and mis-information that gets bandied about here.
New Zealand is legally obligated to carry out SAR over 10% of the world's oceans, no "feels" involved. A big chunk for a small nation.
Also, any maritime nation in the world has not just the right but the legal obligation under IMO law to carry out a port and flag state inspection on any suspect vessel and detain it if deemed unfit. This inspection will be carried out by an MNZ surveyor, not an immigration officer. However, any person can raise concerns and pass these onto MNZ.
Sometimes the skipper's attitude would be enough to raise concerns. Just saying.

[LakeSuperior]

Originally Posted by NoTies

New Zealand is legally obligated to carry out SAR over 10% of the world's oceans, no "feels" involved.

New Zealand is a sovereign nation last time I checked!

[NoTies]

Originally Posted by LakeSuperior

New Zealand is a sovereign nation last time I checked!

New Zealand is signatory to numerous international treaties that carry legal obligations. Same as the US.

[beneteau-500]

i believe the law has changed in kiwi land as i have been reliably informed by a fellow kiwi and a good friend (commander in Nz navy ) that this has come about due to the amount of rescues etc of yachts coming into kiwi waters and recently i believe a aussie yacht had to be rescued because his sails where shred and had engine failure he was told not to leave nz until all repairs had been done and inspected he left port and two days later had to be rescued again