New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Maritime transport act 1994

Legal area

Court

26 Jun 2020

NINO’S LIMITED v MARITIME NEW ZEALAND [2020] NZHC 1467

Citation

(2020) 17 NZELR 483
Court

High Court

The High Court dismissed the appeal: the District Court correctly applied the Stumpmaster sentencing methodology, appropriately assessed culpability at the top of the medium band given systematic overloading and obvious risk, properly quantified emotional harm reparation based on victim impact, and applied reasonable mitigating discounts; the resulting fines and reparations were not manifestly excessive.
10 Nov 2006

BIRKENFELD V YACHTING NEW ZEALAND INCORPORATED SC 72/2006

Citation

SC 72/2006
Court

Supreme Court

Leave was declined because Part 7 of the Maritime Transport Act 1994 plainly applies to the RIB: the statutory definition of 'ship' in s84 includes the RIB; measurement methodology from the Tonnage Convention is incorporated by s87(5)(b) and s87(5)(c) addresses unascertainable tonnage; and the Limitation Convention does not confine limitation to sea-going or trading vessels absent national regulation, so the applicant's arguments lack sufficient merit or general importance.