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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:

"When a pilot helps, you're still responsible for your ship's mistakes"

Illustration for Maritime Transport Act 1994

If you provide a pilot, you are not responsible for the pilot's mistakes or lack of skill. You are still responsible for any damage caused by your ship, even if a pilot is helping you navigate. A pilot is not liable for neglect or want of skill when they are acting as a pilot on your ship or on land, following the maritime rules.

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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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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).