1 : That ferries on regular runs do have a bearing on risk assessment
2 : That I was not obliged at .5 nm distance to act as Give-way vessel in a harbour situation where the ferry would normally have turned at Browns Island from whence I’d come, crossing safely astern Stbd/Stbd
3 : That the ferry as Stand-on vessel was not to have turned towards me creating a reduction in safe passing clearance. Rule 22.17
4 : That the ferry was to have carried out his normal course maneuvers i.e. turn at Browns Is & not use R22.17.2b as reason for continuing towards me or being prevented from turning to its port.
5 : That the ferry was to have had a complying horn, using it when doubt first arose in ample time rather than use his camera. R22.33b & Appendix 3, also R22.34.4
6 : That he violated R22.8.1,2,3,4, by not acting at a prudent distance off thereby creating an unnecessary situation with his superior speed.
7 : That Maritime NZ did not publish an incident report & notify Transport Accident Investigation Commission first.
The above are serious omissions which need clarification for all harbour users where ferries are on regular runs – further more….
When it comes to MNZ’s expert witness denying of a basic Navigational practice being taught, then saying there’s a known angle Sky tower to Rangitoto on which he bases his fictional figures but no fixed point to start plotting e.g. at Sth Motuihe & other matters he could’ve been cross-examined on as well as his being more of an advocate for MNZ’s case rather than an unbiased expert – he is not only selectively avoiding the Letter of the Law but ignoring it’s spirit & intent.
The fact that the original dispute between MNZ, others said to be the “Public Interest” & myself wasn’t about a Navigational issue but about my Co-operative Cost Share Crewing Concept, is not considered.
By placing one with no Legal assistance or Representation through such Legal Proceedings is making a mockery of the foundational tenets of justice – apart from the cost to the community not only in expenditure of money but in every day Navigational confusion.
