2 Mar 2018
RUDI HARTONO AND OTHERS v MINISTRY FOR PRIMARY INDUSTRIES [2018] NZSC 17
- Citation
- [2018] 1 NZLR 857
- Court
- Supreme Court
Section 256(1)(b)(ii) must be read to treat unpaid wage claims within its language as an 'interest' for the purposes of forfeiture relief irrespective of whether they were supported by a maritime lien or whether in rem proceedings had been commenced before forfeiture; the legislative history and the distinct wording of subparagraphs (b)(ii) and (b)(iii) demonstrate Parliament intended to protect crew wage claims and third-party repatriation/support costs for foreign vessels, making a pre-forfeiture proprietary interest unnecessary for s256 protection.