Published 15 February 2022
Sentencing — operated a ship without the prescribed qualified personnel — operated a ship without seafarer holding designated qualification — breach of Maritime Rules — fishing vessel — safety — risk to health and safety — ability to pay — Marine Transport Act 1994, ss 40, 67B(1)(a) & 409 — Maritime Rules, rr 19.3, 19.21, 19.61, 19.62, 31.86 — International Convention on Standards of Training Certification and Watch Keeping for Seafarers 1978 — Maritime New Zealand v Croon DC Chatham Islands CRI-2012-008-17, CRI-2012-008-16, 6 November 2012. The defendant was to be sentenced on a charge of breaching the Maritime Transport Act by operating a ship without the prescribed qualified personnel. Three employees were manning the defendant's fishing vessel: one was a very experienced skipper; one a moderately experienced deckhand; and the other had never been on a vessel before. None of the employees had the requisite Marine Engineering Class 6 Certificate. The vessel collided with North Rock Mount Maunganui but nobody was hurt. It was the court's view that the matter was one of moderate seriousness and a starting point fine of $25,000 was adopted. This was reduced by 15 per cent for the defendant's remorse and cooperation with a further reduction of 25 per cent for an early guilty plea, resulting in a final sentence of $15,937. There was some doubt as to the defendant's ability to pay that amount so the Judge reduced the final fine ordered to $10,000. Judgment Date: 27 November 2019.
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