Professional Skipper Magazine from VIP Publications

#84 Nov/Dec 2011 with NZ Aquaculture Magazine

The only specialised marine publication in Oceania that focuses on the maritime industry, from super yachts to small craft to large commercial ships, including coastal shipping, tugs, tow boats, barges, ferries, tourist, sport-fishing craft

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LETTERS CONTINUED… forward to take up the challenge both at sea and in training Kiwis, as would I. We cannot allow this to be swept under the carpet as you say, and all Kiwis should be ashamed it has been allowed and even knowingly condoned for so long. Again, a great article. Andy Smith, Operations Manager, Talleys Group INVESTIGATION NEEDED Dear Sir A great article! The most comprehensive report yet on the issues surrounding these boats. One only hopes the government will take your lead and investigate the total foreign charter vessel operations here and offshore. Gary Johansen TOUGH BASTARDS Dear Sir What a tough old bastard you have turned out to be. But you cannot fool the old fishermen, because we have all seen your compassionate side. Your efforts to expose the atrocities of the foreign charter fishing companies and uphold what is fair and equal for all are part of the real Keith we all know. From the days when we were both fishing you portrayed a tough exterior while inside you are a man of kindness, one who has always given freely of your time to uphold the rights of the downtrodden, for the greater good of all. As a now-retired fisherman, I still get Professional Skipper and have to congratulate you on reaching 15 years of producing a great magazine for the waterfront. You are not afraid to pick some tough battles and say it as it is, so look after yourself, my friend, because our younger folk on the waterfront will need your knowledge and support for many years to come. Craig "Dan" Davis COLLISION REGULATIONS Dear Sir I read with interest Mike Pignéguy's article (March/April) expressing his concern when a large yacht failed to observe the collision regulations and crossed his bows dangerously close. I also read Ian Buchart's later letter associated with Mike's contention that "… there is nothing but a moral responsibility requiring a boat owner to know the Maritime Rules." I realise Mike was expressing his concern that New Zealand legislation does not require pleasure craft owners to demonstrate any knowledge of maritime law by examination, as indicated by the issue of any sort of a licence to operate. However, I hope the words "moral responsibility" don't leave any misguided pleasure craft owner with the impression that observing the collision regulations is only a moral responsibility. All pleasure craft are required to observe the International Collision Regulations and New Zealand has legislated to include them into its domestic law. Individuals who breach this requirement can be, and are, prosecuted under the Maritime Transport Act when necessary for failing to observe the ColRegs and some other aspects of safe boating. The opening words in Part A of the 1972 ColRegs clearly states: These rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels. Rule 2 then reinforces this with: Nothing in these rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these rules …" Furthermore, the preamble to New Zealand's Maritime Rule 22 states: 4 Professional Skipper November/December 2011 Part 22 gives effect to the Convention on the International Regulations for Preventing Collisions at Sea, 1972, to which New Zealand is party. The part provides the steering and sailing rules (rules of the road) for ships … It goes on to state later that: The rules of Part 22 apply to New Zealand ships, including pleasure craft, wherever they are. A few lines later it adds that they apply to craft in inland waters, such as lakes and rivers. It is abundantly clear the ColRegs apply to all pleasure craft. Their owners and operators should never be under any misapprehension that they do not have a legal obligation to observe them. Captain Barry Thompson RD FNI Hon FIIMS TANGAROA REFIT Dear Sir We have been readers of Professional Skipper for many years. It is a great magazine, we suspect mainly due to your comments, editorials and no nonsense opinion. There is no messing about and we feel we read the truth. We are currently in Vanuatu aboard our yacht Chameleon, and took the May/June issue with us to read later. We read with interest and a bit of dismay the article about the refit of the NIWA vessel Tangaroa. Twenty million taxpayer dollars and the first commercial job is a trawl over the Chatham Rise? Whoop-de-do; a 40ft (12.2m) trawler could have been hired for that. We think some investigative reporting may be in order here. Find out exactly what New Zealand is getting from their investment. Just an idea and we don't expect you to publish this. (We are getting fed up with the profligacy of many of our government-funded agencies. The poor Met Service has to earn its way and the only reason NIWA got involved in atmospherics was because most of the then PhD Met people felt forecasting was below them. So you can say, yes, we have an axe to grind.) Dave and Patricia, ACCIDENT LEVIES Dear Sir Mike Pignéguy recently wrote to your publication with several queries about his Accident Compensation Corporation levies and recent claim. We've since phoned Mr Pignéguy to answer his questions. However, your readers may find the following points helpful, as they clarify some key points he raised: • base levies paid by employers and self-employed people take into account the risk and cost of injuries in their particular industry – that way, industries which generate more costs for ACC pay higher levies, and vice versa • a company involved in more than one activity is generally levied on the activity that carries the highest risk - ACC can attach different risk classifications to different activities, but only if the activities are independent of each other and staffed separately • if you're self-employed and carry out several activities, you'll be levied on the highest risk activity which generates five percent or more of your annual earnings, and • anyone unhappy with an ACC decision about a claim or levy calculation can have that decision independently reviewed. See www.acc.co.nz/contactus Debbie Barrott, head of customer services, Accident Compensation Corporation BAY BELLE Dear Sir It was great reading your latest issue where you featured the new Bay Belle (II). I am currently working on putting together a book of memories, stories and history about the recently retired Bay Belle. SV Chameleon

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