Paul Myburgh, 2010
This article discusses the different treatment of ship suppliers’ claims in Anglo-Common Law jurisdictions. The United States, until recently, was the only jurisdiction that granted a maritime lien status to such claims. Canada, to avoid discrepancies with the United States, which could lead to forum shopping, has recently introduced a statutory maritime lien for certain ship suppliers’ claims. The author urges other Anglo-Common Law jurisdictions, including New Zealand, to reconsider their position in light of such developments.
Paul Myburgh, 1993
In a discussion of the New Zealand Ship Registration Act 1992, the author draws attention to section 70, in terms of which “instruments creating securities or charges” in respect of foreign-registered ships, if duly registered in accordance with the law of the flag, will have the same effect as a ship mortgage registered under the Act. The author is critical of the broad range of foreign security interests, each of which may be of a different nature according to the lex causae, being grouped together within the category of a (domestic) ship mortgage.