Harbour Board faces big workload over sinking

Press, 26 February 1986, Page 2

Harbour Board faces big workload over sinking

Blenheim reporter

The Marlborough Harbour Board could be involved in long and expensive litigation if it is established that some liability can be attached to the board in the loss of the Russian cruise ship Mi khail Lermontov.

The possible legal implications of the sinking in Port Gore on the night of February 16 in respect of the board’s liability and that of the Harbourmaster, Captain D. I. Jamison, were discussed with the board’s solicitor, Mr P. C. Macnab, during a closed sitting yesterday. The chairman, Mr B. J. Dalliessi, said before the “in committee” meeting that the sinking would involve the board in a lot of work for months or even years.

“The paper work and detail will reflect on our administration whether we like it of not,” he said. Mr Dalliessi said that no further specific action was proposed by the board at present. Further information might be available later this week after the Ministry of Transport had had further discussions with the owner of the wreck.

Port Gore is a gazetted harbour under the control of the board. The foreshores and seabed are under the board’s jurisdiction by grant of control.

Mr Dalliessi said that any notice to be given to remove the wreck was the responsibility of the board. To date no formal notice had been given. The owner of the Mikhail Lermontov is the Baltic Shipping Company, of Leningrad. The New Zealand agent, Geo. H. Scales Company, Ltd, of Wellington, has been asked by the board to accept responsibility for matters relating to the ship.

The entry of vessels into Port Gore Harbour is now regulated by powers granted under the Harbour Regulations, 1968. These have been invoked to prevent risk or accident to shipping and to prevent overcrowding and confusion in the harbour area. Vessels may enter the harbour only after a permit has been granted. The Acting Harbourmaster, Captain C. F. Neill, said the vessel still belonged to the Russian company. Any person who entered her was trespassing and did so at his or her own risk.

The Ministry of Transport tender Enterprise is normally stationed in the harbour as a security vessel. When the Enterprise is required elsewhere the board’s vessel Marlborough takes over the duty.

Mr Dalliessi said it had been established that spillage of oil into the harbour was the board’s responsibility and the board would have to take appropriate action. Should a big spillage occur that was

beyond the board’s resources, it would ask the Ministry of Transport to take over and act on its behalf to contain or remove the oil. The 3000 tonnes of oil in the vessel present a potential problem. Any instruction to remove it is the responsibility of the Ministry of Transport. The board has no responsibility for or authority to direct the owner to remove the oil.

All goods lost by ship wreck and floating on the sea are the responsibility of the Receiver of Wrecks. Mr Macnab said the ship’s owner had been asked Informally by the Ministry of Transport to remove the oil. The owner had indicated its willingness to co-operate and so a formal order for its removal was likely

only as a last resort. In answer to a question by a board member, Mr Macnab said the board would be paid for any work involved in cleaning up an oil spillage and for stationing the Marlborough in the harbour.

Mr Dalliessi said that the Russian officers and crew had as evidence of their organisation and efficiency the fact that every passenger and all but one crew member were safely taken off the stricken vessel without panic. This was contrary to what had been reported from some sources.

Justifiable credit had already been given to all vessels involved in the rescue.

Mr Dalliessi said that now the immediate threat from oil had passed, the problem of its removal and the removal of the

ship had become longterm. This would allow greater investigation of the ship’s condition and full consultation with the owner.

“Our Government advisers have informed, us that from experience in New Zealand and worldwide the Russians are both co-operative and considerate,” he said. In a statement made after yesterday’s meeting in committee, Mr Dalliessi said the board had approved special leave for Captain Jamison on his application until the outcome of the preliminary inquiry was known.

He said the board’s solicitors had been instructed at the meeting to keep a close surveillance on the legal aspects of the loss of the Mikhail Lermontov on behalf of the board.