Australian and New Zealand Maritime Law Journal

1998: Conference Proceedings
Articles

Forfeiture of Fishing Vessels in Australia and New Zealand: The Implications for Maritime Lawyers

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  • Mike Sullivan

Published 1998-09-26

Keywords

  • fisheries,
  • fisheries law,
  • forfeiture,
  • Fisheries Management Act 1991 (Cth),
  • Australian Fisheries Management Authority,
  • Fisheries Act 1983 (NZ),
  • Fisheries Act 1996 (NZ),
  • maritime lien,
  • claim in rem,
  • salvage,
  • property interest,
  • contingent interest
    • ...More
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Abstract

Sullivan presents this paper as part of Business Session 8, chaired by Drew James. Sullivan discusses a few of the interesting issues which have been raised by the seizure of five chartered Russian fishing vessels by the Ministry of Fisheries in New Zealand in 1996, and the nature and effect of forfeiture. In doing so, Sullivan considers the current forfeiture regimes in Australia and New Zealand, the position of the innocent interest holder when vessels are forfeited by law, and the possibility of a pre-existing claim or interest in forfeited property surviving the act of forfeiture.

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