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435 New Zealand Freedom of Navigation on the High Seas: Sellers v Maritime Safety Inspector Each year, a number of the 500 or so pleasure craft leaving New Zealand ports experience difficulties requiring the conduct of search and rescue (SAR) operations by New Zealand authorities. Because of its remote location, New Zealand is responsible for SAR in approximately six million square miles of the Pacific and Southern Oceans. SAR in these maritime areas is difficult, time- consuming, expensive and potentially dangerous. It might seem appropriate, therefore, that the owners of pleasure craft voyaging in such remote and difficult seas should ensure that they are adequately equipped both to minimise the likelihood that they will get into distress and, if they do, that their position can be easily fixed to facilitate SAR. This, indeed, was the view of the Director of Maritime Safety who, exercising his powers under section 21 of the Maritime Transport Act 1994,1 issued guidelines requiring owners of pleasure craft to ensure that they carried radio and emergency locator beacons.2 Failure to comply with the guidelines can result in prosecution and, if convicted, a fine. When the guidelines were issued, a number of New Zealand and
The International Journal of Marine and Coastal Law – Brill
Published: Jan 1, 1999
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