The Movement and Management of Vessels Under Arrest: New Zealand

Resumen

Along with Charles Ritchie, Broadmore presents on the topic of the ABC Containerlines Demise - A Plethora of Issues (Business Session 3), commenting on the movement and management of vessels under arrest in recent New Zealand cases. As Broadmore notes, there are competing considerations whenever a ship is arrested, these being the need to preserve the vessel as security for those with claims against it, the recognition that it cannot earn money to pay off its creditors whilst it is immobilised, and the need to minimise inconvenience to third parties. In New Zealand, the Courts have evolved two approaches: first, to consider the release of the vessel upon terms which may not amount to security strictly so called, and second, to consider permitting the vessel to operate whilst under arrest.