Mooring Dragging – Auckland Council’s Liability Update

Auckland Council is increasing the amount of its liability as time passes

Mooring Dragging – Auckland Council’s Liability Update
Referring back to the eventful night of 10th June’14 when Classique dragged an Auckland Council heavy duty mooring about a kilometre until she hit the Auckland Harbour Bridge foundation & grounded against the Shoal Bay boat grid.
1: At low tide the entire mooring system was visible still attached to Classique – the lines from her bow to the mooring buoy were unchafed & a weak link in the mooring chain was not ev en stretched, indicating there was no effort required to shift the mooring.
2: The equipment used as the mooring weight was a 1 fluked anchor laid fluke upwards which allowed it to sledge easily.
These are normally special purpose anchors used on perhaps oil rigs & in river situations with current in 1 direction.
3: A 1 fluked anchor was inappropriate to use as a mooring in this harbour location with tides in 2 directions & wind from all round the compass.
4: Whoever authorized it to be used & whoever laid it without checking that the fluke the fluke was pointing into the sand will no doubt be called into question.
5: Part of its inherent risk is that although the fluke may have been point down at the time of laying, there is nothing to stop it flipping rather than rebedding when a pull comes from an adverse direction.
6: An agreement purported to be signed by Bolton in 2010 is at present being used by Auckland Council to avoid liability.
7: Clauses inexplicable in this Public service application attempt to absolve Auckland Council or its contractors from all liability.
8: The state of the mooring & its maintenance is said to be the responsibility of the user who is to have 3rd party insurance in the event the vessel breaks free of the mooring & causes damage to other property.
9: A mooring #8 is specified but no change was made as Classique shifted to moorings #9 & #10 over the years. In the event Classique did not break free from the mooring, the insurance clause would not apply apart from Marine 3rd Party insurance not being available at all.
9: This agreement would not be supported by the Consumer Guarantees Act which would require Auckland Council to provide a mooring fit for purpose, neither would a Court support an unconscionable agreement.
10: Classique had from 2000 until June 2014, without influence of any formal agreement, occupied these moorings on the basis that a weekly payment was made, her lines were put to the mooring buoy, other equipment & maintenance being Auckland Council’s obligation.
11: When estimated repair costs exceeded District Court limits & a High Court action appeared inevitable, Bolton enquired about Legal Aid availability & was given a list of approved Lawyers to select from.
12: An application was duly made which resulted in a request for further information, valuation etc. After some delay, a letter was received this week with information that Classique’s application has been sent to a Specialist Advisor for a recommendation.
A decision can now be expected “as soon as possible”
These additional waterfront shenanigans might be further reason to have Justice being seen to be done …
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

                              Auckland Council is increasing the amount of its liability as time passes.
Mooring Dragging – Auckland Council’s Liability Update,2014-10-23_2051

 

Mooring Dragging – Auckland Council’s Liability Update

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