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Insurance requirement for visiting yacht?


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I have got mates in OZ on an older ply Hitch hiker 50 cat (in excellent refurb condition). 

They are urgently trying to cross the ditch to here, but their current insurer is domestic only and nobody else will take on a ply boat. 

They are happy to self-insure. But NZ customs require proof of insurance before entry. 

Does anyone know if insurance policy is a legally required document for visiting yachts, or it's just a nice-to-have thing? 

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10 hours ago, aardvarkash10 said:

1. Complete the Advance Notice of Arrival (ANA) for all craft travelling to NZ as required under the Customs and Excise Act 2018

The small craft/yachts Advance Notice of Arrival (ANA) form (DOC 284 KB) needs to be completed by the owner/master of the vessel and sent to us at least 48 hours before arrival in New Zealand territorial waters – 12 nautical miles.

The ANA is a mandatory legal document required and the owner/master is liable to prosecution for not submitting the ANA in the required timeframe and for not providing the ANA in the specified form and manner.

 

Other documents to supply with ANA

The following documents must be provided and emailed with the ANA to yachts@customs.govt.nz:

  • Certificate of Registration
  • Scanned copy or photograph of bio-page of passport for all passengers and crew on board
  • Full photograph of craft/vessel
  • Evidence of Value e.g. Bill of Sale (Purchase agreement with sale price) Note: If evidence of value cannot be provided then a Marine Insurance document or New Zealand Valuation will be required at the time of import
  • Marine Insurance (full insurance)
  • NZ Boat Valuation (at the cost of the importer)
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Thank you for your replies. I really appreciate the response so far. I have read all that stuff. And I also followed those requirements when I sailed across the Tasman to here last year (with full insurance). 

My query is whether insurance is actually required. I can't find any mention in the Transport Act 2013 (I presume is the latest). 

While the ANA requests insurance information, what happens if that information not supplied ( Eg self-insured)? Is entry denied? And can it be refused? Is that requirement legally enforceable? 

It seems a little interesting that a yacht might arrive here with full insurance, but which runs out say 1 month after arrival and then does as much sailing around etc for the next 23 months with no insurance (including risks of salvage, pollution, third party etc) . And nobody (except marinas) takes any notice. If there is no legal requirement to have insurance while operating here, how is there a legal requirement to have it in order to gain entry? 

Thank you for your thoughts 

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4 minutes ago, waikiore said:

I know of many who have come here with no insurance , but not in the last couple of years.

Ahaa - so has the legislation changed, or just the question on the customs form, I wonder?

I suppose "last couple of years" includes the Covid ban, so makes analysis a bit difficult. 

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3 hours ago, Karanga said:

Thank you for your replies. I really appreciate the response so far. I have read all that stuff. And I also followed those requirements when I sailed across the Tasman to here last year (with full insurance). 

My query is whether insurance is actually required. I can't find any mention in the Transport Act 2013 (I presume is the latest). 

While the ANA requests insurance information, what happens if that information not supplied ( Eg self-insured)? Is entry denied? And can it be refused? Is that requirement legally enforceable? 

It seems a little interesting that a yacht might arrive here with full insurance, but which runs out say 1 month after arrival and then does as much sailing around etc for the next 23 months with no insurance (including risks of salvage, pollution, third party etc) . And nobody (except marinas) takes any notice. If there is no legal requirement to have insurance while operating here, how is there a legal requirement to have it in order to gain entry? 

Thank you for your thoughts 

Seems strange sort of a requirement to me.Yes when entering a marina or slipping,but how many local vessels on moorings with nil insurance?? I found out the hard way several yrs ago,vessel that took us out,nil insurance and comment from owner,go "F" yourself. Had to make claim on mine,dont know if they ever chased him up.

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4 hours ago, Karanga said:

Thank you for your replies. I really appreciate the response so far. I have read all that stuff. And I also followed those requirements when I sailed across the Tasman to here last year (with full insurance). 

My query is whether insurance is actually required. I can't find any mention in the Transport Act 2013 (I presume is the latest). 

While the ANA requests insurance information, what happens if that information not supplied ( Eg self-insured)? Is entry denied? And can it be refused? Is that requirement legally enforceable? 

It seems a little interesting that a yacht might arrive here with full insurance, but which runs out say 1 month after arrival and then does as much sailing around etc for the next 23 months with no insurance (including risks of salvage, pollution, third party etc) . And nobody (except marinas) takes any notice. If there is no legal requirement to have insurance while operating here, how is there a legal requirement to have it in order to gain entry? 

Thank you for your thoughts 

without wanting to be seen supporting bush lawyer attempts, here is the relevant part of the act.

Note that the actual documents required are at the discretion of the Chief Executive of Customs.  They are made effective by regulations or by rules set by the Chief Executive who has wide discretion under the Act in setting the rules. 

I suspect the thinking around insurance for arriving private craft from other jurisdictions is that they have contributed nada to the NZ tax base and uninsured craft have historically cost the country through search and rescue, disposal, and other actions.

Feel free to try setting a precedent in law, but I suspect the cost would far outweigh any personal benefit.

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Self insurance isn't really an option, unless they have several million sitting around that they can tie up in escrow...

Insurance would be more about 3rd party than protecting the owner against loss.  This could run in the order of perhaps $1M if they were to say wreck their boat on the Poor Knights.

The legislation allows customs to ask for whatever documentation they have internally deemed necessary.  Proof of insurance has always been a requirement for boats over a certain GT - maybe they have decided to just apply this to all boats?

It would be best to have a conversation with Customs about what level of cover is required.

It might be possible to buy a policy locally in NZ that only takes effect when you enter NZ waters... !?

I note that my policy is automatically invalidated once I check out of customs, despite providing cover for 200miles out to sea, and doesn't become valid again until I have checked back in through customs.  I always found this clause a bit weird.

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OK 

Following the excellent responses from you guys, I will have to concede insurance is probably legally required, cos the chief executive says so (not actually legislated). 

The relevant application of the requirement would likely come from:

12Advance notice of arrival, etc

(1)

The person in charge of a craft that is en route to New Zealand (from a point outside New Zealand) must, within the prescribed time, provide Customs with an advance notice of arrival, unless otherwise approved by the chief executive.

(2)

The advance notice of arrival must—

(a)

be provided in the way prescribed by the chief executive’s rules; and

(b)

be accompanied by any supporting documents that the chief executive considers appropriate.

The wannabe bush lawyer is resigning! Thank you all

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