BOARD'S LIABILITY
PASSENGER RISK INVOLVED
HLRE OF PORT WHAKATANE
Legal advice regarding the hire of the Port Whakatane and the liability of the Board with regard to accident risk to passengers has been submitted by Mr C. A. Suckling (Board Solicitor).
The Board was advised that it would be liable for damages in the event of the launch being hired to Captain Carey and loss .or injury
being suffered by him or a third person in consequence of some defect in the launch or its gear. The Board was liable as the owner of a chattel which it lets out for hire in respect to any defect of which it knew or ought to have known. Knowledge which the Board's servants have or ought to have is presumed to lie the Board's knowledge. Also the. fact that the 'Board's servant who has the care of the chattel on the one hand and the. bailee or hirer on the other are one and the same person would not relieve, the Board of liability. Further there is, the liability of ship-owners lor injury to persons or goods, although there be no fault or privity of the shipowner. This is an absolute liability not depending upon actual or implied negligence, but by Section 295 of The Shipping and Seamen Act 1908 it is limited to a total of £2:} per ton of ship's tonnage. Provided then that the Board 'complies with all requirements of a proper periodical survey, and no defect in ship or gear occurs between latest survey and accident, the Board is. not liable for an accident occiirring while the launch is chartered, excepting the absolute but limited liability as mentioned.
The Board is now seeking an insurance Quotation to cover the position satisfactorily.
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https://paperspast.natlib.govt.nz/newspapers/BPB19440215.2.22
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Bay of Plenty Beacon, Volume 7, Issue 49, 15 February 1944, Page 5
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293BOARD'S LIABILITY Bay of Plenty Beacon, Volume 7, Issue 49, 15 February 1944, Page 5
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