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Mooring holder wins case


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Wow. I'm going through my own dramas right now with Auckland Council re my boat. Unfortunately their behaviour in the case of the mooring is no surprise to me. They are also treating me in a very shabby fashion. If there's a friendly solicitor in the forum who can chat to me, please get in touch. 

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Kind of opens a can of worms for Council/harbour master.

Correct mooring weight and vessel to suit.If it drags and your vessel gets wrecked whose to blame?? The council/harbour master issues permit and stipulates vessel size and weight and contractor lays it.

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Classique will be familiar to many Westhaven sailors, as being the biggest vessel on the moorings on the northern side of the harbour. Many times we had to tack around Classique on the beat back to the finish line (inside for Richmond, outside for Squadron due to their differing sailing insstructions).

Classique also damaged several other yachts by dragging onto them in that storm. The other owners were not amused.

 

 

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I thought that the responsibility for Auckland Harbour moorings/ Auckland Harbourmaster etc had been changed and transferred to Auckland Transport. Is that still the case? If it is, then I guess Auckland Transport is a CCO, and that means there is no control by council effectively. Just curious in case I need to know who to contact?

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By settling out of court the council has avoided a finding of negligence 

Therefore the next person who this happens to need to go through the whole process of proving the council is at fault 

If the council had lost this it would have meant that if they put you on a mooring and it fails then they are liable 

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I think the lesson here is more, don't hang in to a boat that you can no longer maintain nor afford to keep in a suitable location. Classique was possibly once a nice boat although the history has a few marks against it. But spending its days deteriorating, swinging all over the harbour on temporary moorings rendering them excluded to the people that may have had a genuine need to use doesn't get much sympathy from me. 

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No precedent set as settled out of court. So it can't be used in any future cases. 

Any future claims are back to square one.  Which will be why the council settled out of court.

The only loser is the rate payer.

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15 hours ago, Deep Purple said:

I think the lesson here is more, don't hang in to a boat that you can no longer maintain nor afford to keep in a suitable location. Classique was possibly once a nice boat although the history has a few marks against it. But spending its days deteriorating, swinging all over the harbour on temporary moorings rendering them excluded to the people that may have had a genuine need to use doesn't get much sympathy from me. 

When it went ashore a lot of people said it couldnt have happened to a nicer guy so I think that says something. The council could have put it on a huge mooring at Kauri point where various giant hulks have sat rock solid for years during horrendous blows and I'm glad there isnt a precedent otherwise I could be up for damages if the guy renting my mooring came off.

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There were a couple of epic threads on Classique and its owner back in the day, Its hard to be sypathetic to someone who would happily run you down because might is right.

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He was hopping between 'emergency' moorings for years and occasionally paying the fees, so the council probably should have shifted him to a more sheltered spot, would have been cheaper for the ratepayer in the end. It was a spectacle the mast leaning over the left lane of the bridge going south for a few days.

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1 hour ago, John B said:

There were a couple of epic threads on Classique and its owner back in the day, Its hard to be sypathetic to someone who would happily run you down because might is right.

Theres a few of them out there,  like whats his face that T-boned Gypsy whilst motoring during the Auckland anniversary regatta.

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Oh dear. I just found this too. Professional Skipper March April 2011
CLASSIQUE 22.8 metre cutter. Owner and nutcase Mel Bolton found by judge to be liar. Blithely forced ferry to give way to him. Ferry had photos!

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1 hour ago, Psyche said:

Theres a few of them out there,  like whats his face that T-boned Gypsy whilst motoring during the Auckland anniversary regatta.

We were nearby on the water at the time. Not something I'm going to forget seeing in a hurry. 

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The whole saga is not a winner for the yachting community. It will only make the council even more bureaucratic and/or restrictive on allowing moorings. 

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Random drift, You know donut holes? I have Gypsy's hole. Ie the bit of hull punched out /in when she was run down. I bought it at the fundraiser to get her rebuilt.

20220712_120602.jpg

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The herald article is absolute crap and very one sided! 

Bolton was a "colourful character", a "lovable rogue", but he could not be criticised as a poor sailor or a man who did not care about his yacht, Elliott said.

I don't doubt that he was "colourful" and a "rouge" but looking at how his boat was maintained and reports on getting in the way of ferries etc I'd question his abilities as a sailor or how much he cared for his yacht!!!

On a very rare occasion in this case I'm leaning towards the council's side!

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7 hours ago, Psyche said:

Theres a few of them out there,  like whats his face that T-boned Gypsy whilst motoring during the Auckland anniversary regatta.

You would be referring to Charles Brown and Anteaus

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