Admiralty Act 1973

1: Short Title and commencement
1: This Act may be cited as the Admiralty Act 1973.
2: This Act shall come into force on a date to be appointed by the Governor-General, by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 August 1976 clause 2 Admiralty Act Commencement Order 1976 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— aircraft Civil Aviation Act 1990 Collision Regulations section 168 court goods hovercraft maritime lien master New Zealand territorial waters section 3 Territorial Sea , Contiguous Zone, ship towage pilotage Section 2 aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2 Collision Regulations replaced 1 February 1995 section 203 Maritime Transport Act 1994 Section 2 New Zealand territorial waters amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2 New Zealand territorial waters amended 1 October 1977 section 33(2)﻿(a) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
3: Exercise of admiralty jurisdiction
1: The admiralty jurisdiction conferred by this Act—
a: may be exercised by the High Court in rem in personam
b: may be exercised by the District Court in personam section 74 in rem
2: In exercising the jurisdiction conferred by this Act, the court may exercise at the same time any of its other civil jurisdiction, whether statutory or otherwise, and all powers incidental thereto.
3: Nothing in this Act derogates from any common law or equitable jurisdiction of the High Court or the District Court. Section 3(1)﻿(a) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 3(1)﻿(b) replaced 1 March 2017 section 261 District Court Act 2016 Section 3(2) replaced 9 October 1975 Admiralty Amendment Act 1975 Section 3(3) replaced 1 March 2017 section 261 District Court Act 2016
4: Extent of admiralty jurisdiction
1: The court shall have jurisdiction in respect of the following questions or claims:
a: any claim to the possession or ownership of a ship or to the ownership of any share therein:
b: any question arising between the co-owners of a ship as to possession, employment, or earnings of that ship:
c: any claim in respect of a mortgage of or charge on a ship or any share therein:
d: any claim for damage done by a ship:
e: any claim for damage received by a ship:
f: any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect, or default of the owners, charterers, or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects, or defaults the owners, charterers, or persons in possession or control of a ship are responsible, being an act, neglect, or default in the navigation or management of the ship, in the loading, carriage, or discharge of goods on, in, or from the ship or in the embarkation, carriage, or disembarkation of persons on, in, or from the ship:
g: any claim for loss of or damage to goods carried in a ship:
h: any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship:
i: any claim in the nature of salvage (including claims for services rendered in saving life from a ship or an aircraft or in preserving its cargo, apparel, or wreck pursuant to the provisions of Part 17
j: any claim in the nature of towage in respect of a ship or an aircraft:
k: any claim in the nature of pilotage in respect of a ship or an aircraft:
l: any claim in respect of goods, materials, or services (including stevedoring and lighterage services) supplied or to be supplied to a ship in its operation or maintenance:
m: any claim in respect of the construction, repair, or equipment of a ship or for dock or port or harbour charges or dues:
n:
o: any claim by a master or member of the crew of a ship for wages, and any claim by or in respect of a master or member of the crew of a ship for any money or property which, under any of the provisions of the Maritime Transport Act 1994
p: any claim by a master, shipper, charterer, or agent in respect of disbursements made on account of a ship:
q: any claim arising out of an act which is or is claimed to be a general average act:
r: any claim arising out of bottomry:
s: any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits
2: In addition to the jurisdiction specified in subsection (1), the High Court
3: The jurisdiction of the court under paragraph (b) of subsection (1) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit.
4: The provisions of this section apply—
a: in relation to all ships or aircraft, whether New Zealand ships or aircraft or not, and whether registered or not, and whatever the nationality or residence or domicile of their owners may be:
b: in relation to all claims, wheresoever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land):
c: so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not, and whether legal or equitable, and whether fixed or floating, including mortgages and charges created under the law of any other country: provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Maritime Transport Act 1994 Section 4(1)﻿(i) amended 9 June 1999 section 39 Maritime Transport Amendment Act 1999 Section 4(1)﻿(i) amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 4(1)﻿(l) replaced 1 February 1995 section 203 Maritime Transport Act 1994 Section 4(1)﻿(n) repealed 1 February 1995 section 203 Maritime Transport Act 1994 Section 4(1)﻿(o) amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 4(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 4(4) amended 1 February 1995 section 203 Maritime Transport Act 1994
5: Actions
in rem
1: In any case in which there is a maritime lien or other charge on any ship, aircraft, or other property for the amount claimed, the admiralty jurisdiction of the High Court in rem
2: In addition to the rights conferred by subsection (1), the admiralty jurisdiction of the High Court in rem subsection (1) of section 4 provided that—
a: in questions and claims specified in paragraphs (a), (b), (c), and (s) of subsection (1) of section 4 in rem
b: in questions and claims specified in paragraphs (d) to (r) of subsection (1) of section 4 in personam High Court in rem
i: that ship if, at the time when the action is brought, it is beneficially owned as respects all the shares therein by, or is on charter by demise to, that person; or
ii: any other ship which, at the time when the action is brought, is beneficially owned or on charter by demise as aforesaid.
3: Where in the exercise of its admiralty jurisdiction the court orders any ship or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale. Section 5(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 5(2) amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 5(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 5(2) proviso paragraph (b) amended 1 February 1995 section 203 Maritime Transport Act 1994 Section 5(2) proviso paragraph (b) amended 1 April 1980 section 12 Judicature Amendment Act 1979
6: Restrictions on proceedings
1: No claim in personam
a: a collision between ships; or
b: a manoeuvre or omission to carry out a manoeuvre by any ship to avoid a collision; or
c: non-compliance with the Collision Regulations,— shall lie unless—
d: the defendant ordinarily resides in New Zealand or has a place of business within New Zealand; or
e: the cause of action arose within New Zealand territorial waters; or
f: an action arising out of the same incident or series of incidents is proceeding in or has been heard and determined in the court.
2: No action in personam
3: This section shall not apply where the defendant submits or has agreed to submit to the jurisdiction of the court.
7: Actions for wages
Nothing in this Act shall be construed as limiting the jurisdiction of the court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a New Zealand ship. Section 7 amended 1 February 1995 section 203 Maritime Transport Act 1994
8: Jurisdiction of
High Court
1: The High Court
2: In the enactments mentioned in subsection (1) and in any rules or Orders in Council made thereunder, references to the Admiralty the Treasury Minister of Transport the Minister of Finance
3: All droits High Court Section 8 amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 8(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 8(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979
9: Functions and powers of Registrar
1: Every Registrar of the High Court
2: The Registrar shall execute, by himself or by his appointed officers or agents, all instruments issued from the court which are addressed to him, and shall make returns thereof. Section 9(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979
10: Act to bind the Crown
Subject to section 28 in rem
11: Rules of procedure and regulations as to fees
1: Rules for the practice and procedure of the High Court Senior Courts Act 2016 High Court
2: Rules for the practice and procedure of the District Court in its admiralty jurisdiction may be made by the Governor-General from time to time, by Order in Council, under section 228
3: Without derogating from the provisions of subsections (1) and (2), rules may be made pursuant to those subsections for consolidation of actions, the appointment of court experts, or the giving of bail or other security to prevent the arrest of a ship or other res
4: The Governor-General may from time to time, by Order in Council, prescribe all fees payable under this Act.
5: An order under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 11(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 11(2) replaced 1 March 2017 section 261 District Court Act 2016 Section 11(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: Transfer of proceedings from or to admiralty jurisdiction
The court may, of its own motion or upon application, at any stage order that any proceedings be transferred from or to the court in its admiralty jurisdiction.
13: Appeals
1: A party to proceedings in the District Court
1A: The High Court Rules 2016 sections 125 to 130 section 124
2: The provisions of the Senior Courts Act 2016 High Court High Court
3: Section 13(1) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 13(1) amended 1 March 2017 section 261 District Court Act 2016 Section 13(1A) replaced 1 March 2017 section 261 District Court Act 2016 Section 13(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 13(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 13(3) repealed 1 January 2004 section 48(2) Supreme Court Act 2003
14: Repeals and amendments
1: As from the commencement of this Act, the Acts of the Parliament of England or of the United Kingdom specified in the Schedule
2: The provisions of sections 20 and 21 of the Acts Interpretation Act 1924 shall apply with respect to the Acts specified in the Schedule Parliament of New Zealand
3: Amendment(s) incorporated in the Act(s)
4: Section 14(2) amended 1 January 1987 section 29(2) Constitution Act 1986 Section 14(4) repealed 11 June 1985 Legislature Amendment Act 1985