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Issue link: https://viewer.e-digitaleditions.com/i/172326
hard way – How to avoid a close quarters situation', March/April 2011, and several letters in following issues. This is the 2009 case of Classique (Mel Bolton) and Seaway II (Mike Pignéguy), where no collision took place, no damage was done, no injuries occurred, no one "feared for their lives" there were no "horrified onlookers", and yet Maritime NZ legal department took that case up with dedicated gusto and have so far spent over $70,953 (Official Information Act disclosure) on contracting a legal firm to take Classique's skipper to court on "dangerous use" charges. Mel Bolton was unrepresented in the District Court, before a judge who admitted he had absolutely zero maritime knowledge, and he received a criminal conviction and a fine of $6000, the largest fine in New Zealand history under S65 Maritime Transport Act as far as I can establish. Bolton has of course appealed the conviction on several legal and maritime law grounds and there have been two high court hearings on the case. The case is set to go to the Court of Appeal later this year, I understand and I look forward to some future legal interest in this from your journal. MNZ's costs will probably exceed $100,000 when their own staff time is added, so referring to Lindsay Sturt's letters in the May/June issue, he could look internally at MNZ legal department for real cost savings here – four years through the courts, and over $100,000… The answer to the question as to why they are doing this would be interesting to hear in public. The really significant maritime issue from this case and the "non-cases" such as Anteaus and others is that MNZ is saying, by its legal department's actions on these, that if we skippers on the water suspect a possible close call, we must ensure we hit the other boat. It's a lot cheaper and we won't end up with a criminal conviction. Train your crews accordingly! Julian Joy, Auckland CLOSE QUARTERS – RESPONSE Dear Sir I am aware that many commercial skippers have the same feelings as Julian Joy with regard to the legal nonsense over the Gypsy/Anteaus case regarding the collision and sinking of the Gypsy. If the Anteaus had been a commercial vessel with a qualified skipper then more than likely the skipper would have lost both his ticket and livelihood. However, with regard to the Classique and Seaway 11 case, as skipper of a commercial vessel I had the legal obligation to report the close quarters incident as experienced with the Classique. As seen in my photos, Boulton clearly disregarded Maritime Rules 22.15 and 22.16, and if I had not have stopped the Seaway 11, we would have collided with the Classique. After my report was sent to MNZ it was they who took up the prosecution, and I was just a witness. The fact that Boulton was unrepresented in court was his own choice, and unfortunately due to his lack of both legal and maritime knowledge, wasted at least two and a half days of court time. Meanwhile, the judge by his own admission had very little understanding of maritime rules at the start, had a pretty good grasp of the relevant rules by the second day. Apart from having to go astern to avoid a collision, there was no drama in this particular incident, and in a day in the life of a commercial ferry skipper, it was not too unusual. When driving a vehicle on the road or flying an aircraft, be they private or commercial, there is a level playing field with regard to licensing, rules and regulations. Unfortunately, this is not the case with all vessels operating within our coastal waters. Commercial vessels and skippers must be surveyed and certificated while private vessels and their skippers go virtually unchecked. Under the Maritime Transport Act 1994 all skippers have legal obligations, especially with regard to knowing the Rule of the Road. Unfortunately, until MNZ/Government make it mandatory for private sector skippers to gain some qualification, such as Day Skipper or Boatmaster; the maritime playing field will not level out. I can't see such a contentious issue (because it's a vote loser!) being discussed in parliament for a long time. Mike Pignéguy, Auckland MPI'S UNDERSIZED CRAYFISH Dear Sir Ministry for Primary Industries Minister Nathan Guy has recently made a decision to sell undersized crayfish caught out of Gisborne to the public. How insulting is that? How wrong is that? Talk about rubbing salt into old wounds? Incredible really. As everybody knows, MPI compliance hand out fines to everybody if they are caught taking undersized fish. So why should we buy undersized crayfish when at the same time if the public did likewise, we could lose our boat and face serious fines? A criminal offence. 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