Maritime New Zealand v Lucas [2020] NZDC 8274

Published 10 September 2020

Sentencing — operating a ship without the prescribed qualified personnel — operating a ship outside its prescribed operating limits — allision between vessel and rock — Marine Engineer Class 6 — Sentencing Act 2002, s 8 — Maritime Transport Act 1994, ss 67B & 68 — Maritime New Zealand v Ocean Venture Limited [2019] NZDC 24340 — Maritime New Zealand v Reel Passion Charters Ltd DC Westport CRI-2009-086-105, 7 August 2009 — Maritime New Zealand v Goodhew DC Westport CRI 2009-086-108, 7 August 2009. The defendant appeared for sentence having pleaded guilty to operating a ship without the prescribed qualified personnel and operating a ship outside its prescribed operating limits. He was the skipper of a fishing vessel that had crashed into a rock. An investigation by Maritime NZ revealed that none of the crew members held the qualification of Marine Engineer Class 6, as is required under the Maritime Transport Act. At one point on the same voyage the vessel had been operating 124 nautical miles from the coast, in violation of its prescribed operating limit of 100 nautical miles. On the charge of operating a vessel without the prescribed qualified personnel, the Court imposed a fine of $2500, reduced to $1594 for the defendant's remorse, previous good record, and guilty plea. The Court imposed an identical sentence on the second charge of operating outside prescribed operating limits, for a total fine of $3200 (adjusted for the totality principle). Judgment Date: 12 May 2020