Professional Documents
Culture Documents
A Word from the President might be appropriate to remind interest and have made a valuable
members of several that accrue contribution is the development
from our link with the Marine of the new advanced training
It is hard to believe Industry Association (formerly courses run by the BITO. Several
that we are now a the Boating Industry of our members have been co-
quarter of the way Association). Perhaps the most opted to provide lectures for this
into 2004, that important benefit for RINA is training and I think this is a very
daylight saving has having a representative on the positive arrangement. It
finished and that executive management board of recognises our member’s marine
winter looms the MIA and hence the industry expertise and provides a
ahead. I trust that you were able opportunity to have our members mechanism for students to be
to enjoy the good periods of perspective represented. This of exposed and instructed in current
weather over the summer and that course doesn’t necessarily mean commercial best practice. I
the start of 2004 has been kind to that we are always in agreement believe the individuals involved
you. with the actions or direction of have also enjoyed the opportunity
the MIA but at least we have the to provide training back into their
There are many benefits of opportunity for our views to be industry.
belonging to the New Zealand taken into consideration. One
division of RINA and I thought it area where we have had a strong
A RINA member recently related retired architect but, despite this therefore that any rights to
a story to us about a Scottish apparent ‘happy ending’ for the indemnity are limited to those
naval architect who had retired retired architect, the story raises expenses and liabilities that are
then subsequently had been sued some important issues in relation reasonably incurred in the
for negligence by a customer of to negligence and liability of performance of the employment
his former employer. Due to the employees. contract.
fact that he was no longer
employed, he was not covered by An employee’s ability to claim It is also necessary to consider
the employer’s professional indemnity from their employer the common law principle of
indemnity insurance policy. The depends on the contractual vicarious liability. Vicarious
architect was held to be arrangements and laws governing liability arises where one person
personally liable for the amount the employment relationship. In is held to be liable for torts
claimed by the client. It so New Zealand, the Employment committed by another, even
happened that the former Court has drawn an analogy though the liable person is not at
employer agreed to indemnify the between the employee’s right to fault himself or herself. The
an ‘employment indemnity’ and principle applies also to the
the principles of the laws of employee / employer
agency, which provide that: relationship.
Composite Engineering
• Noise & Vibration Analysis in respect of all expenses, and to the place of an employee in all
• Finite Element Analysis indemnify him against all employment situations. It is clear
• Seakeeping Prediction &
liabilities, incurred in the however that this is not always
Measurement
reasonable performance of the the case.
Engineering Dynamics agency”.1
24 Balfour Road
Parnell, Auckland
Ph: 09 920 3628 The most obvious limit to (Continued on page 6)
www.irl.cri.nz/engineering-dynamics
‘employment indemnity’ is
Visit by Trevor
Blakely, Chief
Executive of RINA
If you have any suitable ideas or wish to make a presentation to the The Editor
members please contact Susan Edinger. The New Zealand Naval Architect
C/o RINA New Zealand Division
PO Box 91395
Auckland Mail Service Centre
Auckland
Forthcoming events
Email:hquekett@xtra.co.nz
More information on the following events will be provided in
Update. Opinions expressed in this newsletter
are not necessarily those of the
Institution.
AGM - April 20th
Administration and
The New Zealand Division AGM will be held at 7:00pm on Tues- Membership enquiries
day 20th April at the NZ National Maritime Museum. The meet-
Email: membership@rina.org.uk
ing will be held in one of the galleries with refreshments avail-
Web Page: www.rina.org.uk
able afterwards, along with a chance to wander around the ex- UPDATE: lavranos@ihug.co.nz
hibits.
NZ Council:
100354.2164@compuserve.com
APRIL 28th: Breakfast Briefing 7:40am
President: Graeme Finch
James Carnie (Partner, Clendon Feeney) will discuss topical issues G.finch@irl.cri.nz
relating to contracting in the professional services field, particularly
Vice-President: John Harrhy
naval architecture, including the impact of Personal Properties
jhcl@smartships.co.nz
Securities legislation and other recent developments.
Treasurer: Chris Mitchell
Reservations essential. For further details please contact Michael Chris_AES@compuserve.com
Eaglen (michael.eaglen@highmodulus.co.nz)
Honorary Secretary: Jerry Bennett
jerry@jamesnilsson.co.nz
Michael Eaglen
Members are invited to view two major composite vessels under michael.eaglen@highmodulus.co.nz
construction, a 96-foot Frers design nearing completion and a 80-
foot Dubois design. Susan Edinger
susan.edinger@highmodulus.co.nz
Heiki Hansen
hhei005@ec.auckland.ac.nz
Angelo Lavranos
lavranos@ihug.co.nz
The Royal Institution of Naval Architects (New Zealand Division) would
like to acknowledge the continuing support of Clendon Feeney as our Chris Marks
Honorary Solicitors. marksassocs@xtra.co.nz
Helen Quekett
hquekett@xtra.co.nz
Don’t forget that the NASNZ Standard Terms of Trade and Standard
Design Contract are available for free download from the NZ Division M. Laurence Withy
website (www.rina.org.uk) as well as www.clendons.co.nz. ml_withy@xtra.co.nz