New Zealand China Clays Ltd and Ors v Tasman Orient Line CV (The “Tasman Pioneer”) – Supreme Court of New Zealand (Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ) – 16 April 2010

Carriage of goods by sea – Deck cargo damaged following vessel’s grounding – Master failing to notify authorities and falsely claiming that vessel had hit floating object - Cargo owners suing carrier under bills of lading – Hague-Visby Rules - Whether carrier entitled to rely on exemption of negligence in navigation or management of ship – Whether barratry

On 1 May 2001 the vessel Tasman Pioneer left Yokohama bound for Busan, Korea. Because the ship was behind schedule, the master decided that instead of passing west of Okino Shima, the usual route for vessels entering Bungo Suido from the south, he would take the vessel between the island of Biro Shima and the promontory of Kashiwa Shima, the south-western extremity of the island of Shikoku.