1995: Conference Proceedings
Articles

Aspects of Pilotage: Is There a Need for Reform?

Published 1995-11-05

Keywords

  • pilotage,
  • compulsory pilotage,
  • pilot liability,
  • limitation of liability,
  • Harbours Act 1950 (NZ),
  • harbour board,
  • Port Companies Act 1988 (NZ),
  • port company,
  • government regulation,
  • marine insurance,
  • pilot licensing,
  • General Harbours (Nautical and Miscellaneous) Regulations 1968 (NZ),
  • negligence,
  • pilot bond,
  • voluntary pilotage,
  • vicarious liability
  • ...More
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Abstract

Giles examines aspects of the law pilotage, including the question of reform, and whether there is any need for it. The paper explores three principal areas: pilotage regimes, compulsory pilotage, and liability implications. Giles discusses the history of pilotage in England and New Zealand, and compares the pilotage system in New Zealand with systems adopted in other jurisdictions, and questions whether there is anything seriously deficient about the current system which militates in favour of reform.

Giles concludes that there is no need to change the pilotage liability regime at present, given that the commercial community has relied on it for almost a century.