The vessel has failed to meet biosecurity standards to stay in NZ long-term. Video / Ben Dickens / Cameron Pitney / Dean Purcell
The Sea Eagle was granted permission to compete in the Millenium Cup and visit Waiheke and Great Barrier Islands despite having a dirty hull.
Biosecurity New Zealand approved a “limited itinerary” for the vessel, which a maritime lawyer called “highly unusual”.
The vessel was ordered to clean its hull twice – but so far it’s failed to meet biosecurity requirements.
The operators of a multimillion-dollar Dutch superyacht with a dirty hull were granted permission to compete in a major regatta in the Hauraki Gulf and sail to caulerpa-hit Waiheke Island and Great Barrier Island in a decision a maritime law expert has called a “significant deviation”from the rules.
The 81m Sea Eagle, which can sleep 10 guests and 15 crew, arrived in Auckland on January 21 to compete in the Millennium Cup – a race that’s part-sponsored by ship maker Royal Huisman, which built the Sea Eagle.
Auckland Mayor Wayne Brown went out on the vessel during the Millennium Cup – and went up the top of the masts, according to a spokeswoman.
Auckland Mayor Wayne Brown was on superyacht Sea Eagle for the Millennium Cup.
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,” Biosecurity New Zealand Commissioner Mike Inglis 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.
The 81m Dutch-built sailing yacht Sea Eagle docked in Auckland's Westhaven Marina. Photo / Dean Purcell
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’s 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.
Troy Stade is a maritime law specialist at Dawson and Associates.
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 14 other vessels on short-stay permits had been allowed extra itineraries since January 2024.
The Sea Eagle has been moored at Auckland's Westhaven Marina.
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.”
The Sea Eagle was built by New Zealand Millennium Cup Gold Sponsor Royal Huisman.
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.
A screen grab from Vessel Finder shows the Sea Eagle beyond the 12 nautical mile zone where it was being professionally cleaned on Thursday.
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, Inglis 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.
