Changes to Watchkeeping Guidelines incoming
Maritime New Zealand have indicated that a full operational watch by sight and sound will no longer be required for vessels at anchor, a reversal of their earlier position on watchkeeping.
In April 2023 Maritime New Zealand released guideline documentation relating to watchkeeping requirements aboard vessels. These guidelines asserted that vessels required a full operational watch by sight and sound at all times when not on a mooring or alongside – meaning vessels that were steering or sailing, drifting, or at anchor. This represented an untenable position for a significant portion of vessel owners and operators, and undermined the final authority vested in the master of a vessel under the Maritime Transport Act to make determinations as to the safety of the vessel and those on board.
Dawson & Associates have engaged with Maritime New Zealand throughout the year on this issue, pointing out the low risk profile associated with watchkeeping related harm from vessels at anchor, and the wording of the COLREGs as they pertain to watchkeeping.
Recently, Maritime New Zealand have confirmed they are refining their approach with a mind to producing a revised guidance document next year. Notwithstanding this, skippers are reminded that there remains a requirement to keep a watch suitable for the conditions at all times. This could be for example intermittent checks from the wheelhouse while at anchor of the use of anchor alarms while being at anchor. Similarly, there will be times where a full operational watch by sight and sound will be required at all times in the conditions, such as when the sea conditions present a risk of danger.
Dawson & Associates regularly provide advice to maritime operators on watchkeeping practices, and if you have any questions on watchkeeping or the Maritime New Zealand guidance please contact Peter Dawson by email peter@maritimelaw.co.nz ; phone +64 27 229 9624 or Troy Stade by email troy@maritimelaw.co.nz ; phone +64 27 368 6730.