Insurance Council/IBANZ Marine Workshop

The workshop provided an opportunity to keep abreast of topical issues and meet with colleagues across the marine and insurance industry.

Matthew spoke about the obligation of seaworthiness in the context of developments with autonomous ships, looking at the near future and what is approaching on the horizon. With seaworthiness being a fundamental aspect of shipping as it underpins the legal obligations on many parties, particular focus was given to the obligation to keep a good look out and what that might mean in an era of ships with no humans on board. We also heard from Neil Rowarth and Baz Kirk of Maritime NZ (MNZ) about the developments and approach taken in the domestic regulatory space around MOSS (Maritime Operators Safety System). They spoke to both the formal audit process and risk assessments that inform MNZ decisions around monitoring and enforcement. Willum Richards, one of the few practicing in the dark arts of average adjusting, used the Maersk Honam fire in March 2018 as a platform to discuss the practical issues around salvage and general average. This included the obligations and issues associated with providing security and the important role insurers play to enable the release of cargo (assuming it survived the casualty…). The session was rounded off with Crossley Gates providing an update on potential changes under the new Insurance Contracts Act and its implications for marine insurance. With the issue of disclosure and materiality front and centre in this review, and the different approaches taken in Australia and the UK, this is something we will be watching closely. If you were not able to attend last year, we recommend keeping an eye out for this year’s ICNZ/IBANZ marine workshop.