https://www.youtube.com/watch?v=xyd3...MjAxNw&index=2
Printable View
Hmmm he will be making a bit of money of you tube which will have videos of him using the boat... Use that argument and every guide that puts up videos on doc land should need a concession, starts a slippery slope.
Very odd they won't send the legislation, I'd say it's a retaliation to what he has said about commercial fishing (haven't seen that video). If that's the case it shouldn't hold up in court.
Sadly if he is taking "clients" or paying customers on this for "hire or some other type of reward" then he will need to have his boat in survey and MOSS just like all other commercial operators not just fisherman
I am not up on the laws but figured as his core business is posting vidioes of hunting and fishing then the vessel is being used for a commercial venture whether passengers pay or not?
I dont know either way but thought it was an interesting point to clarify if possible.
Na. He don't need anything. No licence no certification . he can just say hes with Uber
Hes making money somewhere, cause the Govt wants some
If it's in the law, it's written down. If it isn't, it's not law. Not wanting to provide the relevant bit of legislation they reckon he's breaching = suck my fat one motherfuckers. It's mabo, it's the vibe of the thing.
Shit, when do I get admitted to the bar?
I can assure you he fronts the fuel bill and doesn't ask for anything.... Not even diesel to get down there..... Usually supply's the sammys aswell.... Although sometimes forgets the fillings........
He makes his money from the patrioen thing were people subscribe and pay $$$ each month...... He said that his boat videos are put up on normal YouTube free for everyone to watch....... I don't know as I rarely watch his vids
I think he still will have to do it as there is some gain for him using the boat in his videos as it attracts people to him and his business
Sent from my iPhone using Tapatalk
NZ legislation is freely available to all citizens. Just Google 'Commercial Fishing Act, NZ' and that will come up with something. Be aware that some NZ Acts also have a separate set of Regulations that show how the act is administered. To be legally sure, you must read the Act and the Regulations together (eg; The Arms Act as a classic example). The prosecutor and the Courts will take the view that 'ignorance of the law is no excuse', however the Court will take a very dim view of any Gov't Dept that refused to at least quote the relevant legislation to any affected party.
Remember that the taxpayers of NZ provide all the money that government and its various departments operate with. Any NZ legislation belongs to the public, and all government employees are 'public servants'. Every now and then they need to be reminded of that!
Josh`s situation is being discussed in great detail on facebook, and looks like it may even turn into a kind of trial case.
Seems the powers that be want a slice from anyone deemed to be gaining from a vessel, be it in hard cash terms, or simply advertising
In the Herald article the offical guy stated if you are recreational fishing and someone pays money towards fuel then it is NOT for reward and is not commercial.
Will I be able to claim all the costs my boat makes? Where do I sign? Chasing Apple would make more money?
Here is he link to the Herald article
Maritime NZ tells social media-savvy boatie he needs a commercial skipper's licence to operate - NZ Herald
I wonder if he has/ needs a concession to make commercial films on public land too?
Sent from my D5833 using Tapatalk
There needs to be a differentiation between operating a boat for the primary purpose of receiving a reward, and operating a boat for the primary purpose of recreation.
Realistically if a mate 'chips in' for the fuel you are still operating your boat at a loss and to me there isn't an actual financial gain being made as you are still out of pocket when a mate chucks you $20 for fuel.
He isn't offering his boat for financial reward, he is offering video footage of his actions, yes they are on a boat, but I guess that is where legal interpretation comes into play rather than morals and common sense?
Good to see on the article it is stated that
"The owner of a pleasure craft who uses it for recreational purposes can receive contributions for costs. The Maritime Transport Act specifically states that this is not reward, and it is therefore not commercial."
If you're doing it for a living then I think you would have to?
To me it seems the fundamentals are that if you're doing it for a job, which Josh arguably is, then you have to jump through the hoops the same as any other business. I mean he doesn't put the boating videos up on his 'private' YouTube account, it's all on the same channel and it's still getting his face out there, which is in essence his product, the same as any other social media star...
Sent from my D5833 using Tapatalk
That clears things up thanks:thumbsup:
Mostly I dont expect any contribution if I take someone fishing as generally the fuel use is pretty small and I was going anyway, the exception is a planned trip further afield with a mate and then we would both expect to pay our share of costs.....in my case bait and burly is usually more than fuel.
That fact that it is 'The Kiwi Bushman Ltd' indicates that it is a limited liability company, so yes, I think Maritime NZ would be correct.
Pecuniary gain is the term , fuckwits should leave the little guys alone I find it amazing how govt agencies seem to go out of there way shutting people down especially in rural communities where there arnt a lot of jobs .
as much as I would like to believe this statement If I did then the tooth fairy would also exist. The biggest drain on us all is local councils wasting ratepayers money
Regardless of being 'the small guy" if its being used for commercial gain (not necessarily financial) then them's the rules
He could always take all the sponsors names off it just like any recreational boat and use it just like us then he might have a fair argument
I disagree.
I dont disagree our councils spend obscene amounts of our money on lost causes,bad art,poor infrastructure design etc.
But my rates are not even a drop in the ocean compared to my paye tax.
Big business dont pay tax(or as little as they can get away with) so the working man foots the bill as usual.
coasters are a little strange , extra toes n all but it's almost like the govt & aucklanders hate them or at least don't want them to have jobs , coal , gold , timber even poor old possum Pete had his pies shut down , now they don't want the bushman taking his friends out fishing ...guess everyone could just go on the benie !