Maritime Transport Act 1994

Powers and duties of Director of Maritime New Zealand in relation to maritime activity - Powers and provisions relating to pilots

60B: Limitation of liability where pilot engaged

You could also call this:

"Pilot's mistakes are not your fault if you provided the pilot for a ship"

If you provide a pilot for a ship, you are not responsible for the pilot's mistakes or lack of skill. You are protected from being liable for the pilot's actions. The ship's owner or master is still responsible for any damage caused by the ship.

When a ship is being piloted, the ship's owner or master is responsible for any mistakes made while navigating the ship. This is the same as if the ship did not have a pilot. The owner or master must take responsibility for the ship's actions.

A pilot is not liable for neglect or want of skill when they are working as a pilot on a ship or on land, as long as they are following the maritime rules. This means the pilot is protected from being liable for their actions in these situations. The pilot must be acting in accordance with the rules to be protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335746.


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60A: Master to ensure rules relating to pilotage are complied with, or

"Ship captains must follow rules about having a pilot on board to keep everyone safe"


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61: Offences likely to cause serious harm, or

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Part 5Powers and duties of Director of Maritime New Zealand in relation to maritime activity
Powers and provisions relating to pilots

60BLimitation of liability where pilot engaged

  1. A port company, or other body corporate or person, who provides a pilot is not liable for any neglect or want of skill of the pilot.

  2. The owner or master of a ship navigating under circumstances in which pilotage is required is answerable for any loss or damage caused by the ship or by any fault of the navigation of the ship in the same manner and to the same extent as that person would be if pilotage were not required.

  3. A pilot is not liable for neglect or want of skill when acting as a pilot,—

  4. on board a ship being provided with pilotage; or
    1. in accordance with the maritime rules, on land or on board another ship.
      Notes
      • Section 60B: inserted, on , by section 8 of the Maritime Transport Amendment Act 1999 (1999 No 68).
      • Section 60B(3): replaced, on , by section 34 of the Maritime Transport Amendment Act 2017 (2017 No 48).