Look-out requirements for all vessels
Inadequate look-out is a significant cause of maritime incidents and can lead to loss of life.
New Zealand is a party to the Convention on the International Regulations for Preventing Collisions at Sea 1972. The Convention is implemented in domestic law through the Maritime Transport Act 1994 and Maritime Rules Part 22: Collision Prevention.
Maritime Rules Part 22 rule 22.5 states:
“Every vessel must at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions, so as to make a full appraisal of the situation and the risk of collision.”
As rule 22.5 and the Convention could be interpreted in different ways, this position statement sets out how the law applies to keeping a watch at anchor and while underway, and how Maritime NZ interprets the law for compliance and enforcement.
This position is informed by the Convention, Part 22, international practice in applying watchkeeping law, and consideration of operational practices and risks.
Requirements for all vessel operators
Our position is that operators of all vessels, including recreational vessels, must:
keep a proper continuous look-out while underway, including while drifting
ensure an appropriate level of watch is maintained while at anchor when circumstances and conditions indicate a risk to vessels or people.
A proper look-out is not required at all times at anchor. However, at times a proper look-out will be required at anchor, such as when prevailing conditions, traffic, proximity to hazards, or other factors indicate risk.
Generally accepted standards of seamanship always apply, even when a continuous watch is not required. The master is responsible for ensuring an adequate watch is kept that is appropriate for the conditions, for example through intermittent checks, use of anchor alarms, and other measures.
Key terms
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Adequate watch |
Adequate watch means maintaining a level of vigilance appropriate to the conditions, as determined by the master. In determining the appropriate level of vigilance, and how to ensure an effective watch, the master uses discretion based on generally accepted standards of seamanship. See section 65 of the Maritime Transport Act 1994 and Maritime Rules Part 31. |
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Generally accepted standards of seamanship |
Generally accepted standards of seamanship means:
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Master |
Master means any person, except a pilot, having command or charge of any ship. |
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Operator |
Operator means the person or business in charge of a vessel that causes the vessel to sail or uses a vessel, or causes or permits the vessel to sail or be used, or be in any place, whether or not the person is present with the vessel. |
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Proper look-out |
Proper look-out means maintaining a continuous state of vigilance using sight, hearing, and all means available and appropriate to the circumstances and conditions. |
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Underway |
Underway means a vessel that is not at anchor, made fast to the shore, or aground. |
Information on the Convention on the International Regulations for Preventing Collisions at Sea can be found on the International Maritime Organization website, and the Maritime Transport Act 1994 can be found on the Legislation New Zealand website.
Information for recreational vessel owners and masters is available on the Safer Boating website.