Commercial Maritime Law

We advise on all aspects of marine commercial matters including vessel sale and purchase, vessel registration, vessel ownership and chartering structures, flagging, crewing, business and fisheries management.

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Litigation Management

We are experienced in dispute resolution in civil claims in the marine sector, and regulatory defence of prosecutions using an established network of specialist barristers and marine industry experts.

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Maritime Incidents

We respond quickly to clients to assist manage maritime crises, putting together a team of experts to mitigate risk.

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Maritime Regulation

We are regularly at the forefront of maritime legislative change, providing advice to marine users on the effects of legislative change within New Zealand and the Pacific. 

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Superyachts

We are New Zealand’s leading advisors on all aspects of superyacht purchase and sale, import and export, and superyacht operation.

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Specialist Advocacy

We have the knowledge and experience in New Zealand and the South Pacific to assist clients in interacting with a variety of government and regional organisations a variety of trade, fishing, crewing and transport issues.

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COMMERCIAL MARITIME LAW

We advise on all aspects of marine commercial matters including vessel sale and purchase, vessel registration, vessel ownership and chartering structures, flagging, crewing, business and fisheries management.

We focus exclusively on maritime law.

Being maritime law specialists means we are experts in our field.  We have a deep understanding of the complexities of maritime law, which means we practice what we do best, every day. 

Dawson & Associates lawyers regularly engage in debate on issues that impact the maritime community and are frequent speakers at forums across a range of sectors in the marine industry.  

We work closely with international ship registries, surveyors, class societies, vessel brokers, builders, insurers and accountants.  

This experience, and our specialist skills, together with our extensive precedent library and online access to world-leading maritime contracts and clauses, allows us to effectively guide our clients through the complexities of operations in the maritime sector. 

Areas we regularly deal with include:

• Advice on flag and vessel registration

• Advice on High Seas access rights and structures

• BIMCO documents (Saleform, Barecon, Supplytime, Towcon, Bargehire)

• Business management, structuring and governance (company formation, joint venturing)

• Charterparty agreements (Bareboat, Time, MYBA)

• Crew agreements (master, seafarer, and independent contractor agreements)

• Fisheries management (local, regional, and negotiating access to overseas fisheries, quota and ACE transactions, overseas investment and aggregation issues)

• Fishing agreements (catching, processing, quota mortgages)

• Production and bespoke vessel build contracts

• Salvage and Towage contracts (lump sum, daily hire)

• Ship sale and purchase, and finance and structures

• Structuring documents to address Health and safety risks

• Superyacht operation

• Vessel agency

• Vessel refit, repair conversion contracts

Maritime Incidents

We respond quickly to clients to assist manage maritime crises, putting together a team of experts to mitigate risk.

A maritime crisis is complex and fast moving.  There may be multiple stakeholders and jurisdictional considerations, which could result in civil claims, and regulatory prosecutions under a range of applicable statutes.  A maritime crisis can also have a high media profile – posing significant business and reputational risk. 

Dawson & Associates offers a quick and practised response to maritime incidents, with clearly articulated legal advice.  We have established protocols to address each part of the process, from interfaces with regulatory authorities and the media, to the technical aspects of a crisis.

Our network of expert professionals - including health and safety professionals, insurers and technical experts - can be deployed to attend within very short timeframes.

We have managed high profile incidents involving personal injury, fatalities and environmental damage. 

Our process

1. Immediately deploy qualified lawyers and experts to manage the scene and the interactions with regulators.

2. Provide advice on dealing with media.

3. Provide concurrent and ongoing legal advice on the civil and criminal aspects of the event.

4. Advise on handling and preserving evidence, including electronic evidence.

5. Attend interviews between your key staff and crew, and regulatory agencies.

6. Advise on post emergency steps, including lead up to any prosecution.

7. Defence of any prosecution.

8. Legal advice on any legal problems that may follow. 

Superyachts

Over the past decade, we have been involved with all aspects of superyacht and smaller pleasure vessel operations. Our involvement ranges from advising prospective owners on appropriate legal structures and flags in which to register their vessels to providing advice on all aspects of superyacht operation, including commercial chartering

We act for sellers or buyers of these vessels in New Zealand, Australia and elsewhere and have on occasion provided Escrow services to facilitate settlements. We have a well development network of brokers, insurers, vessel agents, tax and customs experts with whom we interact with regularly. 

AREAS WE REGULARLY DEAL WITH INCLUDE:

• Structuring of vessel owning entities, including bareboat charter arrangements

• Sale and purchase of yachts and superyachts. We are familiar with most of the common sale forms, including MYBA and NSF

• Registration (and deregistration) and flagging of vessels locally and internationally

• Commercial chartering 

• New Zealand Customs aspects of the importation and export of vessels into and from New Zealand

• Crew issues including immigration aspects

• Heavy lift and marina contracts

LITIGATION MANAGEMENT

We are experienced in dispute resolution in civil claims in the marine sector, and regulatory defence of prosecutions using an established network of specialist barristers and marine industry experts.

Dawson & Associates strive to settle disputes where possible but litigate where necessary.  We are experienced in dispute resolution, and regularly managing high profile litigation involving accidents and prosecutions.

We are known for providing succinct, practical advice, and our principled approach. 

As maritime law specialists, we are deeply involved with the issues in the maritime community.  We have established relationships with marine industry experts recognised for their depth of knowledge on maritime issues, and with specialist barristers in New Zealand and the Pacific, with expertise in maritime law, fisheries law and related fields.

We work with our clients at all critical points, recommending appropriate barristers and experts to represent their best interests in courts, tribunals and other hearings, and are experienced in managing the relationship between the client and the barrister.

We manage the disputes and litigation arising from:

• Cargo damage

• Charter party disputes

• Civil claims against vessel or cargo owners

• Collisions and allisions

• Coronial inquests arising from fatalities

• Crew claims and employment disputes

• Disputes arising between shipyards and owners

• Fisheries defence, including managing interviews and vessel seizure

• Health and safety investigations and defence

• Judicial review of government decision makers

• Marine insurance claims

• Maritime incident investigations and prosecutions

• Pollution incidents

• Salvage, wreck and grounding

• Seabed mining, and conflict of resource use in the EEZ

• Transport Accident Investigation Commission (TAIC) investigations

• Vessel arrest, security and release

Maritime Regulation

We act for a wide cross-section of maritime users which gives us unique insights into the impact of regulatory change on our clients’ businesses.  For over two decades we have guided clients and industry bodies through the regulatory review process, and provided advice on effective regulatory compliance strategies.

We have drafted and presented submissions to parliamentary select committees, provided advice on judicial intervention in the regulatory review process, and addressed the consequences of changes to regulation on our clients’ businesses. 

We have addressed changes brought about by the Health and Safety at Work Act 2015, as well as changes to the regulation of ship’s personnel resulting from New Zealand Maritime Rules changes.  We have provided insights into the work being done to amend the New Zealand 40 Series Maritime Rules on ship operation, design and construction of vessels. 

We are also at the forefront of changes to local and Pacific fisheries legislation, which includes addressing the placement of cameras and electronic reporting of catches on vessels. 

Our in-depth knowledge of the compliance regime within maritime legislation gives us the ability to advise clients quickly on the consequences of breaches of maritime legislation.  Amongst others have addressed client’s liabilities for oil spills, collision, grounding, injuries and fatalities aboard vessels and many others. 

AREAS WE REGULARLY DEAL WITH INCLUDE:

• Acting for industry bodies advising on changes to Maritime Rules in New Zealand 

• Advising owners on impacts of changes to Pacific Island Maritime Regulation

• Changes to fisheries legislation

• The regulation of health and safety on vessels

• High Seas – advice on impact of increased regulation of the High Seas though Regional Fisheries Management Organisations and UN Conventions 

Specialist Advocacy

Dawson & Associates has the knowledge and experience of New Zealand and South Pacific maritime law and policy to assist clients interact with a variety of government and regional organisations, on a variety of trade, fishing, crewing and transport issues. 

We work with marine interest groups including the High Seas Fisheries Group, the Marine Transport Association, the Federation of Commercial Fishermen, Fisheries Inshore New Zealand to prepare submissions to government and regional bodies on maritime environment issues, law and policy change in New Zealand and the South Pacific.  

 Our specialist advocacy services include:

• Advocating for sustainable use of the ocean for primary industry in various forums 

• Liaising with New Zealand government agencies including the Ministry for Primary Industries, the Ministry of Transport, the Department of Conservation, the Ministry of Business, Innovation and Employment, and Maritime New Zealand

• Preparing submissions to government and regional bodies

• Oral addresses to various forums