Maritime New Zealand v Birchall (The “Santa Regina”) – Court of Appeal of New Zealand (O’Regan, Hugh Williams and Miller JJ) – 6 April 2009
Criminal law – Maritime Transport Act 1994 – Ferry nearly hitting rocks while transiting Marlborough Sounds at night – Statute requiring “Master” to notify incident to authorities as soon as practicable – Vessel under command of First Mate at time of incident while Master rested below – First Mate did not notify authorities until four days later – Whether First Mate was “Master” of vessel at time of incident – Whether First Mate rightly convicted of offence of failing to notify authorities as soon as practicable
On the night of 9 June 2005 the Cook Strait ferry Santa Regina was transiting Tory Channel in the Marlborough Sounds bound for the Cook Strait and Wellington. The master of the vessel was Captain Hoedemaeckers. At 1800 on the evening of 9 June 2005 Captain Hoedemaeckers signed command of the vessel to the First Mate, Mr Birchall, in accordance with a procedure set out in the owners’ Ship Management Manual, in order to enable Captain Hoedemaeckers to rest below. The change was recorded in the deck log.
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Michael Daiches, Barrister
Apr 29 2009
