unwanted boat on mooring

[Panic 0]

Any one out there who knows what you can leagally do about a boat that is on your mooring without permission?

 

I have talked to the owner but the boat hasn't gone, and I have someone that wants to rent the mooring.

 

Thought of a couple of options namley moving it on to someone elses mooring, but thats just shifting the problem to some other poor bugger. Cutting it adrift was another or putting it on the Port company wharf.

[rigger 47]

Contact the Harbour Masters Office

http://www.arc.govt.nz/environment/coas ... -links.cfm

 

Harbourmaster contacts:

 

general queries contact harbourmaster@arc.govt.nz or 09 362 0397

mooring queries contact moorings@arc.govt.nz or 09 362 0397personal watercraft queries contact the PWC Helpdesk on 09 362 0397.

If you're outside the Auckland free calling zone, you can contact us toll free on 0800 80 60 40.

[Panic 0]

Thanks Rigger, but I'm down in the Marlborough Sounds. I will give the local harbour master a ring for some advice.

[rigger 47]

Bugger.

Wheels might know the right contacts to get things sorted in your neck of the woods.

[wheels 543]

That's pretty damn rude isn't it. And you talked to the owner, what was his reply??

Don't cut it free, you would probably get done for it. Talk to the Harbour master and let us know what happens with him. Then I have a couple of other ideas if he can't help.

[Murky 1]

If you have someone else that wants to rent the mooring, that's evidence of market demand and rental rates. I'd buy yourself an invoice book from a stationery shop and start writing. so you aren't out of pocket - in fact, quite relaxed - whether the current "occupier" stays or goes.

 

From memory, Tuffyluffy on this site is pretty demonically good at extracting money out of people in the Small Claims Court.

[wheels 543]

It's Alex van Wijngaarden, 03 520 7400 which is the Marlborough District council Picton branch.

harbours@marlborough.govt.nz

 

You could try charging, but I can't see him paying. He's a squater.

 

Several ideas.

Firstly, name and shame him. So who is he and what is his boats name??

Then I would put him on the Town Warf and I bet the council will soon sort him. but even better, tow it to the visitors berth at Waikawa and I can bet you that Port Marlborough will sort him sooner than you could say.....

 

Hmmm, suddenly thought. This boat isn't a big 50ft Tahitian Ketch by any chance is it???

[Guest]

all you need to do is advertise that you want the vessel removed (30 days?) in the local and national newspapers (you must be "seen" as making the effort to notify the owner) and that failure to remove the boat will result in its removal and sale by tender to recover your costs These costs must be ligitimate, the loss of revenue is ligitimate if you would normaly be renting the mooring out but not so if you simply wanted to keep your own boat there. If you had to pay fees for your boat because the mooring was unavailable then you can also claim those as you also can for any lawyers fees and charges for the boats removal. If you sell the boat and the money does not meet your expenses in doing so, you can pursue the outstanding amount and of course further legal costs from the owner through the courts. Your lawyer can do all this for you and will recover their fee from the sale. Hope that helps!

[Panic 0]

Thanks for the advice, I will ring the Harbour Master and have a go at the squatter again. The boat is a bit of a wreck and I would say its not going to go very far,

 

Will keep you posted.

[wheels 543]

If it's a bit of a wreck and if the guy hasn't got money, which sounds like that's the case, then you can take him to court and be awarded, but if he can't pay, he can't pay. If you then get a Baylif to carry out Judgment and he has no assets, you might end up with a bit of a wreck that is now yours and that may be more a liability

[Guest]

Take it off and tie it too a Nav mark or wharf. The local council will then move faster.

[The big T 41]

You pay a fee to place and exclusively occupy that mooring, presumably to the Council for whom the harbourmaster works. It is as much encumbent on them to ensure you can use the mooring as it is for you to comply with their conditions.

 

I know in Auckland, a call to the harbourmaster would have resulted in the boat being towed and placed on a Council mooring if the unwanted boat had no history with you or the mooring. It gets complicated if you had had a deal with the bad boater like subleasing or you let him use it and it is just this deal that has gone wrong - that is between you and him.

[Guest]

Take it off and tie it too a Nav mark or wharf. The local council will then move faster.

DO NOT DO THIS. You are WILLFULLY creating an obstruction to a navigational mooring and at BEST be prosecuted. If it results in the loss of property or LIFE..... need I continue?

[Panic 0]

Problem solved the boat has moved to a new location! about 2 moorings away.

[wheels 543]

I would send an Email to Alex and tell him what happened and where the bvoat is now and what the mooring number is.He can chase up if the boat is there ligit or not and take it further if need be. Two problems could arise otherwise. Some poor mooring owner arrives up in the next day or two to find a boat ion his mooring. Or the mooring is too small for the boat and the next big blow we are expecting Mon/Tue by the way, and you have a boat dragging through the mooring field causing damage.

[Guest]

Take it off and tie it too a Nav mark or wharf. The local council will then move faster.

DO NOT DO THIS. You are WILLFULLY creating an obstruction to a navigational mooring

Correct that is the full intention.

and at BEST be prosecuted.

False, bureaucracy has demonstrated it hasn't the balls to follow thru.

If it results in the loss of property or LIFE.

Only if the boater is that bloody stupid they can't tell a nav mark from a nav mark with a boat moored to it. In which case that boater is better off dead to save everyone on the water else from them.

[Guest]

Looks like KM has finished laying the concrete

[Guest]

20 cube......done!

 

Nothing against Wetdream but it appears he hasn't had the dealings with bureaucracy I've had. Most will do squat unless pushed into it, the path of least resistance dictates the 2 owners have to fight it out. Parking the offender on a Nav mark, local wharf or similar will result in a quick result. Asking nicely may...... but in 3-4 months time.

 

Personally I'd take it off the mooring using my ding and anchor (using his gear) it in a bay close by. I'd phone the boats owner as I headed off to do it so he can't say he didn't know or wasn't given the opportunity (which he already has had from the sound of it) to do it himself before you moved it. I'd also tell the local H/Master where, when, how and why. I'd phone them both afterwards as well saying where it is and how it's moored. That way no-one could say they didn't know. That is probably the best and fastest way to remove the problem.

 

Sometimes you just have to be harsh and it Panic's mooring after all.

[Guest]

Panic,what was the boats name and what kind of boat was it?It wasnt "Elixer" was it?

[Guest]

20 cube......done!

 

Nothing against Wetdream but it appears he hasn't had the dealings with bureaucracy I've had.

Weeeelll... if the law doesn't matter to you, then you could always put on a french accent and ring the cops saying that the offending vessel is loaded and PRIMED with a kilo of semtex in 500 litres of prilled ammonium nitrate destined for GREENPEACE..... I am sure our illustrious water borne balaclavered protectors of society will take great delight in blowing the said yacht into the next century!!!