Mooring Liability

We have recently provided advice to a number of Council Controlled Organisations (CCOs) on their duties and obligations in respect of moorings.

Councils and their organisations have no obligation to provide moorings in and of themselves, but the provision of them may create some obligations that are important to be aware of.

Often a number of instances of liability will be determined by the presence of specific agreements between regional councils and port companies, meaning it is essential that CCOs understand what they have agreed to be liable for in terms of these agreements. It is also important that CCOs are aware of the relevant bylaws and the extent to which liability exclusions may apply – they may not be as comprehensive as you think!

Generally speaking, where a port or other CCO is responsible for choosing the location of a mooring, or has established the standard by which a mooring is built, liability may rest on the CCO. There is some scope for this liability to be contracted out, though obligations arising out of the Health and Safety at Work Act 2015 (HSWA) will still persist. This requires moorings and their designs to be, as far as reasonably practicable, designed to be without risks to the health and safety of certain persons (such as mooring owners).

Significantly, there is a general trend of insurance brokers stepping away from providing vessel and liability cover for smaller vessels, in locations where there are less favourable water and weather conditions, as well as those that are on swing moorings. This will have implications for councils and ports which offer swing moorings to boat owners in their communities and suggests that insurance is becoming too expensive for smaller vessel owners.

If you have any specific legal questions relating to moorings or liability, please contact Peter Dawson by email peter@maritimelaw.co.nz; phone +64 27 229 9624.