Superyacht with dirty hull allowed in Hauraki Gulf regatta in ‘highly unusual’ move
She said the mayor had told her a member of the Sea Eagle’s crew raised in “general conversation” that the vessel had to be cleaned outside New Zealand borders and that the “owners were happy to comply”.
Brown’s office said that at no stage did he raise any concerns with government officials about the clean hull requirements, nor did he receive any “formal” correspondence or concerns about such matters.
The vessel was allowed to complete the race but has subsequently run into problems with Biosecurity New Zealand.
It has twice been ordered to leave New Zealand waters to clean its hull but has failed to meet acceptable biosecurity standards in both instances.
The operators have been given a deadline of Wednesday to provide evidence of a clean hull.
“It must leave our waters on Wednesday to clean again to meet our long-stay requirements and Biosecurity New Zealand will not allow re-entry if it’s not cleaned sufficiently,” a Biosecurity New Zealand spokeswoman told the Herald.
Biosecurity New Zealand’s rules are strict and state any vessel entering New Zealand must ensure it has a clean hull, and that “all biofouling” is removed 30 days before entry.
The hull of the Sea Eagle was not clean on arrival and questions are being raised about why the vessel was allowed to enter the race and go on excursions around the Hauraki Gulf in the first place.
When the vessel arrived, the Sea Eagle failed an inspection for a long-term stay in New Zealand but was granted a short-term stay, which according to the Biosecurity Act means a vessel must remain in port – and stay in New Zealand for only 28 days.
However, Biosecurity NZ commissioner Mike Inglis told the Herald the Sea Eagle’s operators were granted a “limited itinerary” allowing it to compete in the race between February 1 to 4 and to sail to Waiheke Island and Great Barrier Island.
Maritime lawyer Troy Stade, who works at Dawson and Associates, said the arrangement was unusual.
“On the basis of our experience with our clients and the processes they go through to ensure clean hulls in New Zealand waters, that’s a significant deviation [from the requirements],” he told the Herald.
Stade said biosecurity rules for any vessel arriving in New Zealand were strict, and in many cases “frustrating”.
“We think that they’re almost prohibitively restrictive in a number of instances, which is to say we haven’t really encountered flexible bureaucrats in that respect.”
While he recognised the importance of biosecurity, he’d advocated for a more “pragmatic approach” during consultation on the issue with the Ministry for Primary Industries late last year.
He told the Herald none of his clients on short stay permits had been granted permission to travel anywhere apart from remaining in the port of first arrival and said the arrangement with Sea Eagle was “highly unusual” and “bespoke”.
Inglis denied the operator of the Sea Eagle received any special treatment, and said 13 other vessels on short-stay permits had been allowed extra itineraries since January.
He said while the vessel failed the initial inspection, it was determined there were no high-risk organisms on its hull, and that allowing exceptions to the rules is considered on a case-by-case basis.
“We took the decision under our guidance based on risk assessment to allow them in for a short stay. They were allowed to take part in the race as part of their itinerary.”
After the Sea Eagle completed the Millennium Cup race, the vessel’s hull underwent professional cleaning, but it still didn’t pass the requirements for a long-term stay, according to Inglis.
Rules say a vessel needs a long-stay permit if it wants to remain in New Zealand longer than 29 days or visit other areas other than the first port of arrival.
“We got a dive report from them on February 7 and again that did not meet the long-stay threshold,” Inglis said.
The Herald first asked questions of Biosecurity New Zealand about the state of the vessel’s hull on Wednesday.
On Thursday morning the Sea Eagle was motoring out beyond the 12 nautical mile mark to undertake further professional cleaning.
However, the state of the vessel still hasn’t met the requirements for a longer stay, and the 28-day limit for a short stay has now expired.
The vessel currently has a mechanical fault, making it unsafe for it to exit New Zealand, but it “must leave our waters” on Wednesday for more cleaning and won’t be allowed re-entry if it’s not sufficiently cleaned, a biosecurity spokeswoman said.
The yacht’s London-based manager, Ed Cook, did not say what level of hull cleaning had been done before Sea Eagle’s arrival in Auckland but said the crew had co-operated with authorities.
“Since the yacht’s arrival in New Zealand, we have maintained close contact with local authorities and continue to collaborate with them to ensure that Sea Eagle meets the highest environmental standards,” Cook said.
“We remain fully co-operative with all requests and requirements from Biosecurity New Zealand.”
Michael Morrah is a senior investigative reporter/team leader at the Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the Herald’s video team in July 2024.