Browns Reef shallows too close for prudent turn to Starboard – denied by Maritime New Zealand
Submission of Ground 7 – Appealing Judge Davis’s Decision
7 : His Honour, it is submitted did not properly consider Special Circumstances
Maritime Rule 22.40 – Responsibility
(1) Nothing in this Part will exonerate any vessel, its owner, master, or crew, from the consequences of any neglect to comply with this Part, or of the neglect of any precaution which may be required by the ordinary practice of seafarers, or the special circumstances of the case.
(2) In interpreting and complying with these rules, due regard must be given to all dangers of navigation, collision, and any special circumstances, including the limitations of the vessels involved, that may make a departure from the rules of this Part necessary to avoid immediate danger.
Shallowing in the vicinity of Browns Island, its Light & Reef area.
This deterred the ferry from turning to its Port. Its draft is less than that of Classique who was said to have had no reason for not turning to her Starboard and consequently, into that shallower water. Refer SD  Para 17.b & c
It was agreed by the Judge that the ferry was on a Regular Run but the Appellant submits that was only until Classique was observed by the ferry at Sth Motuihe.
“He deviated from his Regular Run to make it an Irregular Run” Trans Page 234.
All the ferry had to do was to either keep to its Regular Run by turning where it usually does at Browns Island or at least hold a straight course to pass with adequate clearance astern of Classique but His Honour says in Trans Page 234 “for some reason which has not been explained, he chose not to … doing something other than it would ordinarily do.”
His Honour obliquely refers to Special Circumstances in relation to the conduct of Seaway but fails to give any consideration to this conduct of Seaway in coming to his conclusions regarding Classique acting dangerously.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess