New Zealand Maritime Pilots Association v Director of Maritime New Zealand

摘要

These two actions concerned an experienced dredge skipper who held a qualification that ranked below that of master and only allowed him to operate vessels under 500 grt within domestic waters. As the dredge skipper did not hold a certificate as master or its equivalent the question was whether he nevertheless satisfied the requirements of rule 90.41(1)(b)(iii), in particular the "or otherwise relevant to pilotage" limb rule, so as to enable him to be considered for obtaining a pilot licence. In the first action the New Zealand Maritime Pilots Association sought a declaration that the dredge skipper did not have the required seafarer competencies under rule 90.41(1)(b) to be eligible for a pilot's licence. A candidate had to have experience, qualifications and competencies equal to that required for a certificate as master.