The Practical and Legal Consequences of Wreck

Abstract

This paper looks at some of the legal and practical consequences that arise for a shipowner when a vessel suffers a casualty, from the viewpoint of a shipowner and its advisors. The article begins by examining the lengthy history of statutes and codes about shipwrecks and salvage, and historical definitions of 'wreck' as contrasted with the definition provided by the Shipping and Seaman Act 1952 (NZ). Other sections of the paper refer to the multitude of consequences which flow from a wreck, both legal (such as passenger or cargo liability) and practical (such as salvage, pollution, wreck removal, and other costs). Throughout the paper, the authors make reference to applicable New Zealand legislation.