CarpeDiem 506 Posted August 18, 2021 Share Posted August 18, 2021 6 minutes ago, BOIGuy said: That's not how this rule will be implemented, there is no Act of Parliament created, just a rule gazetted by the Minister. The legal instrument is the Marine Mammals Protection Act, which allows a gazette notice to be published. The MMP restricts what limitations can be in a gazette notice. Any gazette notice is limited to what's in the MMP. So the gazette notice could enforce the full set of rules in the MMP (eg no access to a given area under any circumstances) or a subset of access under given conditions. Eg don't go faster than 5 knots... Quote Link to post Share on other sites
Black Panther 1,670 Posted August 18, 2021 Share Posted August 18, 2021 Do I not ,as master, have a duty to protect the safety of my vessel and her crew? Assuming yes, does this override the rule being discussed here? Example: i was sailing towards Cape Rodney at 9kn approaching a lee shore in 25kn, 1.5 metre seas with the tops coming off. Not life threatening but still a really bad idea to round up and drop sails , and I would cheerfully stand up in a court to defend my decision. And if the court ruled against me I would still do it again . Quote Link to post Share on other sites
Dtwo 157 Posted August 19, 2021 Share Posted August 19, 2021 On 18/08/2021 at 12:18 PM, Black Panther said: Do I not ,as master, have a duty to protect the safety of my vessel and her crew? Assuming yes, does this override the rule being discussed here? Example: i was sailing towards Cape Rodney at 9kn approaching a lee shore in 25kn, 1.5 metre seas with the tops coming off. Not life threatening but still a really bad idea to round up and drop sails , and I would cheerfully stand up in a court to defend my decision. And if the court ruled against me I would still do it again . Mate I've seen Flipper in court, you wouldn't stand a chance. Quote Link to post Share on other sites
Cantab 341 Posted August 19, 2021 Share Posted August 19, 2021 2 hours ago, Dtwo said: I would cheerfully stand up in a court to defend my decision. This is why I made it clear in my submission that stopping a yacht in the open is inherently hazardous to the boat and the personal on board. The Minister has been told and I would happily explain to a court why it was safer to keep going. Love to see the doc ranger call me to stop, I will explain to them that I will continue to a sheltered spot and they can have a chat with me then. Its not like pushing the pause button on a video game, there's no reset button either. Quote Link to post Share on other sites
Black Panther 1,670 Posted August 19, 2021 Share Posted August 19, 2021 3 hours ago, Dtwo said: Mate I've seen Flipper in court, you wouldn't stand a chance. Flipper? Quote Link to post Share on other sites
Dtwo 157 Posted August 20, 2021 Share Posted August 20, 2021 14 hours ago, Black Panther said: Flipper? https://en.wikipedia.org/wiki/Flipper_(1964_TV_series) There was an age of incredibly clever animals that kept us safe from nuclear attacks, chemical plant accidents, the Taliban and of course Covid. Quote Link to post Share on other sites
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