New Zealand Immigration Officer Making Wild Claims

[goboatingnow]

Originally Posted by SVNeko

What authority? You're being vague. This case seems to say that NZ can't apply its own safety laws to foreign vessels (quite the contrary of what you initially wrote). If you mean international maritime laws, they can only come through treaty or convention (indeed, as this case notes) and I am not aware of any that allow authorities (particularly customs) to prevent a pleasure vessel from leaving port for safety reasons. The main safety treaty is SOLAS, and as far as I know it does not permit detention of recreational vessels not engaged in trade.

Under IMO maritime law, officials can detain any vessel if they deem it unsafe or those on it unfit to leave port ( Im summarising here as you can tell)

Most nations have implemented in in their national law at this stage , Its not habitually applied to leisure vessels, but the law does not differentiate.


What you mean BTW is UNCLOS, or which SOLAS is a relatively small part.

Let me provide with the guidance from IMO , UNCLOS in relation to port states

These treaties regulate the right of the port State to verify the contents of certificates issued by the flag State attesting compliance with safety provisions. They also entitle the port State to inspect the ship if the certificates are not in order or if there are clear grounds to believe that the condition of the ship or of its equipment does not correspond substantially with the particulars of the certificates or if they are not properly maintained. SOLAS provides that the port State may check operational requirements when there are clear grounds for believing that the master or the crew is not familiar with essential shipboard procedure relating to the safety of the ship or procedures set out in the ship's safety management system.

and dont call me vaugely , Shirley.
dave

[banaari]

You don't say *WHEN* you went to check out... but I assume in the last day or so. You HAVE seen the forecast?
Quote: "Westerly 40 knots rising to northwest 50 knots this evening, then turning southwest 35 knots Friday morning.Sea becoming high for a time. Northwest swell rising to 3 metres offshore for a time. Poor visibility in showers, with possible squally thunderstorms until Friday morning."

[bobconnie]

Whew!! Have things ever changed Down Under in the last 25 yrs LOL They used to be glad to see us come and stay awhile! Did everything they could to keep us happy and spending dollars!! NZ had the nicest folks Ive ever met ! could not have been nicer even if they tryed!! Did all in there power to see we enjoyed our vist ! And the only thing there did when we left was try to fill our boat with food LOL ! Now all I hear about is with the powers that be !! and the trouble they give folks !! coming in and leaveing Im with a few others on here ! Boat OZ and NZ are off our list also ! Guess we will live with our memories !!

[Factor]

I must say that I am amazed by people crossing NZ off visiting lists based on one or two anecdotal stories. Cant wait for my next trip there - been a few times and its always a great place to arrive and a sad place to leave.

[banaari]

I wouldn't write us off that quickly, either
Especially as pretty damned certain we're not getting the whole story on this particular case.
Bristol27.com » Hull # – Alexandra

[Steve Pope]

Bobconnie, you need to read the real posts here, there are a lot of folk with an opinion about NZ but not necessarily a lot of knowledge about NZ, You will find the NZ of 25 years ago that you experienced is still there, a little more bureaucracy, maybe, a bit more nanny state, perhaps. We try to make all visitors welcome, most, but not all not all visitors deserve that welcome.
I note the original poster hasn't come back to clarify the statements he made.

[chris_gee]

A little scouting around like on crew.org.nz will show you what this 1000 dollar boat looks like, and following up his name how he operates.

As for NZ having changed I guess you have to give notice of impending arrival and the biosecurity laws are strict with reason but I would say enforced in a friendly courteous manner. Otherwise I doubt it.

[hellosailor]

Don, citing a legal case that is "recent" but from 1998, not such a good idea. Things may have changed since then.

But I also have a hazy recollection that the courts spanked the NZ government for some nonsense about life rafts or sending faxes while at sea...more recently.

I'd hoist the "SOD OFF" flag and leave. Someplace wants to refuse me entry, fine. But they don't own me, so when if I want to leave, hey, they let me in? They can let me out again. Or sod off.

[Steve Pope]

Thanks Chris, found a .com address, couldn't find a picture tho, He said he wanted to go to fiordland, hope he did.

[matauwhi]

Welcome aboard, Banaari, you beat me to it!! I was going to say the same thing. A wise sailor wouldn't be going any where for a few days down here.

The OP didn't say what port he was going to clear out of. An FYI for some of the posters, in several New Zealand ports one officerl acts in both capacities, Immigration and Customs. Opua and Whangarei are two of these, depending upon what time of year vessels are clearing in and out of. Cheers.

[Steve Pope]

Bob McDavitts yotrep says this is definitely not the week to leave.

[banaari]

Great minds, etc, matauwhi Very last sentence of the OP refers to Bay of Islands, i.e. Opua. Am thinking local official to be commended for trying to save a life...

[slipstreamcat]

Hi I agree with Factor only inspections are required for NZ Registered yachts they are called CAT 1.Immigration can not stop you.

[charliehows]

Originally Posted by Boatguy30

Toughest seas on the plantet? Check the origin of the word Pacific.

thats about the full extent of your knowledge is it - you looked it up in a dictionary. No, you're probably right, what would i know i was only born there...

[charliehows]

glad a few kiwis finally chipped in, i get a bit sick of listening to all these...blokes from other places...talking...not very sensibly...about this part of the world - glad to hear this sort of story's gonna keep a few of them from coming down here though