Trade & Transport

Marine

Overview
Navigating the choppy seas of maritime law with confidence

Legal advice and services linked to maritime law is a core area of expertise for Hesketh Henry. Our marine lawyers are leaders in their speciality and have extensive domestic and international experience.  They advise across both contentious and transactional aspects of maritime business – providing commercially-driven, efficient, cost-effective recommendations.

Our marine clients include vessel owners and operators, logistics companies, ship repairers, shipbrokers, port agents, service providers, P&I Clubs and marine insurers, both in New Zealand and internationally.

The two senior partners managing our maritime law practice, Simon Cartwright and Alan Sherlock, have extensive experience with Admiralty and maritime law. Before joining Hesketh Henry, Simon headed the Middle East shipping and commodities practice of an international law firm, where he was rated in band 1 and as a leading individual in both the Chambers and Legal 500 directories. Alan is an expert in both maritime and insurance law, acting for insurers and commercial shipping enterprises. He is recommended in both the Asialaw and Chambers Asia Pacific legal directories. In addition, the firm’s Employment partner, Jim Roberts, is a former deck officer with experience on a variety of vessels including container, RoRo, bulk, general cargo, oil tankers, LPG tankers and multi-purpose offshore support vessels. Few maritime law firms can match our time at sea.  The team is complemented by construction expert Nick Gillies, who has experience advising in relation to ship build / repair contracts.

The scope of Hesketh Henry’s marine law practice is comprehensive and without equal in New Zealand. We can help with charter party disputes, cargo claims, advice on marine contract terms, marine insurance (coverage advice and claims), hull and machinery claims, and ship sale and purchase and finance. We can also assist with any type of maritime dispute, ship arrest and Admiralty proceedings, collisions and groundings, maritime salvage law, and ship building and repair contracts.


 

Need advice on Marine?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

  • Acting for the owners of a cement carrier following contact with a cruise vessel in the Port of Timaru, advising on liability, quantum, and security issues;
  • Advising NZ ferry operators on the purchase of a vessel from an international owner (valued at €40m);
  • Advising a multi-national marine engineering services company in relation to delay, disruption and variation claims, international debt recovery following non-payment for works; defending claims following engine reconditioning, and advising on long term services contracts;
  • Advising NZ fertiliser importers in connection with the detention of its chartered vessel in South Africa;
  • Advising international operators in LMAA arbitration regarding speed and performance disputes;
  • Advising oil major chartering clients following the allision of a bunker tanker in Auckland;
  • Obtaining leave to continue in rem proceedings against a vessel notwithstanding the Korean shipping company’s intervening administration and the effect of the Insolvency (Cross Border) Act 2006;
  • Defending a claim that deficiencies in the repair of the stern seal and exhaust system on a luxury 120 foot sailing yacht led to the yacht being unable to reach safe harbour in time and thereby suffering extensive damage from passing through a tropical cyclone.  The claim was settled on advantageous terms part way through a four week trial;
  • Acting for owners of a cargo vessel in respect of salvage, general average and hull insurance issues following the vessel grounding on a reef while under guidance by tugs;
  • Prosecuting a claim against repairers in respect of the breakage of a connecting rod and consequent disintegration of a super yacht main engine;
  • Advising on the purchase of the business and assets of a NZ shipowner.;
  • Advising on the financing of vessels and fishing trawlers; and
  • Advising a NZ based steel trader and manufacturer on a multi-million dollar demurrage claim following the failure of a mooring buoy in heavy weather.
Key Contacts
Recommendations
The Trade and Transport team has been ranked Tier 2 in the latest Legal500 Asia Pacific 2021 Directory.
Simon is recommended by Legal500 as a 'Leading Individual' in Transport (Rail, Road, Air and Sea).
Partner Simon Cartwright "Top Ranked" in The Chambers Asia Pacific 2021 legal directory.
Simon is individually recommended by Doyle's as a "Preeminent" Transport lawyer - New Zealand, 2021.
Publications
Events

Insights & Opinion / Marine

CMA CGM Libra – General Average Claim Defeated
English Supreme Court confirms defective passage planning made vessel unseaworthy – cargo interests not liable for GA contribution
16.11.2021 Posted in Disputes & Trade and Transport
Parliament to address Air Pollution from Ships, Finally!
Update: The Maritime Transport (MARPOL) Amendment Bill underwent its third reading on 9 November 2021.  Having successfully progressed through its third reading, it now awaits royal assent.  This sh...
11.11.2021 Posted in Climate Change & Trade and Transport
How watertight is your boat building contract?
New Zealand boat builders beware.
10.11.2021 Posted in Disputes & Trade and Transport
Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.
20.09.2021 Posted in Disputes & Trade and Transport
When Contracts Contradict: Septo Trading Inc v Tintrade Ltd
Contracts in international trade are often formed by a combination of emails recording expressly agreed terms, but with a reference to standard terms and conditions being incorporated.
02.09.2021 Posted in Disputes & Trade and Transport
Maritime New Zealand v Genera Limited:  Health & Safety Prosecution in International Waters
In the first case of its kind, Genera Limited has been convicted of an offence under the Health and Safety at Work Act 2015 (HSWA) in relation to an incident that occurred in international waters. The...
18.08.2021 Posted in Disputes & Health & Safety & Trade and Transport
The Shipping Law Review 2021 8th Edition
The Hesketh Henry marine team pen the New Zealand chapter of The Shipping Law Review.
02.07.2021 Posted in Trade and Transport
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