Published 2007-09-27
Keywords
- The 'Tasman Pioneer',
- Hague-Visby Rules,
- carrier liability,
- limitation of liability,
- LLMC 1976
- act, neglect or default,
- due diligence,
- seaworthiness,
- error of navigation or management,
- good faith,
- Carriage of Goods Act 1979 (NZ),
- no fault liability,
- carrier obligations,
- tonnage ...More
Abstract
Beadle provides the following abstract for his paper, which is copied here:
Leaving aside the case of Keybank National Association v The Ship 'Blaze' addressed elsewhere at this conference, there have been a couple of New Zealand decisions which will be of interest internationally, and a decision under the NZ Carriage of Goods Act 1979 which will be of interest to importers to New Zealand and their insurers.
'Tasman Pioneer' is a recent decision dealing with the interpretation and application of the carrier's 'navigation and management' defence under Article 4 rule 2(a) of the Hague Visby Rules.
Birkenfeld v Yachting New Zealand is a case on limitation of liability under the NZ enactment of the Convention on Limitation of Liability for Maritime Claims, 1976, which has been considered by the Court of Appeal and the Supreme Court of New Zealand (New Zealand's highest court).
Ports of Auckland Limited v Southpac Trucks applies a generous purposive construction of NZ's
domestic carriage legislation in limiting the liability of carriers.
Beadle discusses each of these topics in turn.