MTA 60 legally mandates the Duty of the Director of Maritime New Zealand then to notify TAIC
Judge Davis Seems Ignorant of Maritime Matters & Legalities
Correction of Paragraph 33 C & D from Judge Davis’s decision
Written In Bolton’s preparation for Appeal …
There has been no official MNZ report published. This would normally be a precursor & a prosecution would not be considered unless there was vessel impact, severe damage & loss of life – certainly not for an implausible complaint surrounding Rule interpretation impinging the unblemished record of an internationally experienced mariner commercially certificated since 1977.
It was unethical that a judge unfamiliar with Nautical Law & its Application should be mislead by the prosecution & its witnesses to the extent that Rule 22 in its entirety is not understood especially as to definition of types of “Crossings.” Rule 22.15 – some not involving risk of collision, special circumstances etc. which applied in this case with a ferry said to be on its regular run, which brings to the forefront of Risk Assessment & Management, proper Maritime practice & etiquette when blindly following the Rules is nautically imprudent.
Note in addition to the above correction for Appeal
Julian Joy’s Report was in Judge Davis’s hands but he didn’t understand its evidential relevance to the Navigational & Legally important matters before him.
The NZ Maritime Transport Act ( MTA) – MTA 31 specifically dictates
1 : that any NZ ship that’s involved in a mishap, accident or incident shall notify this to Maritime New Zealand – the local “authority”
2 : MTA 60 legally mandates that it’s the Duty of the Director of Maritime New Zealand then to notify the accident or incident , as soon as practical, to Transport Accident Investigation Commission – TAIC.
It appears that after receiving M Pigneguy’s unfeasible claim, Ian Howden & Jim Lott of Auckland Maritime New Zealand purposely omitted to notify TAIC for their nefarious intention reason to prosecute the innocent skipper of Classique.
Then when pressed on this matter, by Bolton’s subsequent Barrister, they presented in collusion with Mark Davies of Crown Law, seemingly falsified documents.
All this was inexcusably ignored by Judge Davis.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess