Maritime Transport Act 1994

1: Short Title and commencement
1: This Act may be cited as the Maritime Transport Act 1994.
2: Except as provided in subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and, except in the case of the provisions referred to in section 214
3: This section and sections 2 214 221
4: 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 February 1995 Maritime Transport Act Commencement Order 1994 Section 1(2) brought into force 20 February 1997 Maritime Transport Act Commencement Order 1996 Section 1(2) brought into force 19 December 1997 Maritime Transport Act Commencement Order 1997 Section 1(2) brought into force 20 August 1998 Maritime Transport Act Commencement Order 1998 Section 1(2) brought into force 16 October 2003 Maritime Transport Act Commencement Order 2003 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— accident
a: a person is seriously harmed as a result of—
i: being on the ship; or
ii: direct contact with any part of the ship, including any part that has become detached from the ship; or
iii: direct exposure to the wash of the ship or interaction (other than direct contact) between 2 ships; or
iv: being involved in the salvage of any ship— except where the injuries are self-inflicted or inflicted by other persons, or when injuries are to stowaways hiding outside the areas normally available to passengers and crew; or
b: the ship sustains damage or structural failure that—
i: adversely affects the structural strength, performance, or seaworthiness of the ship; or
ii: would normally require major repair or replacement of the affected component; or
iii: poses a threat to the safety of people on board the ship; or
c: there is a complete or partial failure of machinery or equipment that affects the seaworthiness of the ship; or
d: there is a loss of, or damage to, or movement of, or change in the state of, the cargo of the ship which poses a risk to the ship or other ships; or
e: there is a significant loss of, or significant damage to, property (not being the cargo carried by the ship) or the property of any person (whether or not on board the ship), whether or not the loss or damage arises from an interaction between 2 ships; or
f: there is a loss or escape of any substance or thing that—
i: may result, or has resulted, in serious harm to any person; or
ii: may pose a risk, or has resulted in damage, to the ship or other ships; or
iii: may pose a risk, or has resulted in damage, to any property (whether or not on board the ship); or
g: a person is lost at sea (whether or not subsequently found) or is missing; or
h: the ship is foundering, capsizing, being abandoned, stranding, missing, or has foundered, capsized, been abandoned, stranded, been in a collision, or has had a major fire on board aircraft Civil Aviation Act 1990 Articles of Agreement Authority section 429 ballast water section 246A(1) commercial ship
a: a pleasure craft; or
b: solely powered manually; or
c: solely powered by sail continental shelf continental shelf of New Zealand Continental Shelf Act 1964 conventions Parts 2 to 15 crew demise charter section 2(1) Director Maritime New Zealand section 439 emergency rules employer fail failure fishing ship foreign ship gross tonnage gross tons harbour
a: means any natural or artificial harbour; and
b: includes any place in or at which ships can or do obtain shelter harbourmaster Part 3A harm to harm harmed hazard hazardous incident internal waters of New Zealand section 4 , Contiguous Zone, load lines marine protection rules Part 27 section 391 maritime Act
a: the Maritime Security Act 2004
b: the Maritime Transport Act 1994
c: the Port Companies Act 1988
d: the Shipping Act 1987
e: the Ship Registration Act 1992
f: the Submarine Cables and Pipelines Protection Act 1996 maritime document
a: means any licence, permit, certificate or other document issued under Part 5
b: includes any foreign licence, permit, certificate, or other document recognised by the Director under section 41 section 42 maritime product
a: safety equipment:
b: nautical instruments and publications, whether or not computerised or electronic, used or intended to be used in the operation of a ship:
c: electronic navigational aids used or intended to be used in the operation of a ship:
d: radio and other communication equipment:
e: fuel and other similar consumable items necessary for the operation of a ship maritime rules Part 4 section 37 master Minister Ministry mishap
a: causes any person to be harmed; or
b: in different circumstances, might have caused any person to be harmed nautical instruments and publications navigation bylaws Part 3A navigational aid
a: any lightship and any floating or other light exhibited for the guidance of ships:
b: any description of a fog signal not carried on a ship:
c: all marks and signs in aid of marine navigation:
d: any electronic, radio, or other aid to marine navigation not carried on board any ship New Zealand-based operator
a: a New Zealand national who is ordinarily resident or carries on business in New Zealand; or
b: a New Zealand national who is ordinarily resident in New Zealand and any other person where the New Zealand national is in a position to control the exercise of the rights and powers of the charterers under the charterparty New Zealand Defence Force section 2(1) New Zealand national section 2(1) New Zealand ship Ship Registration Act 1992 New Zealand waters
a: the territorial sea of New Zealand; and
b: the internal waters of New Zealand; and
c: all rivers and other inland waters of New Zealand operate operating operation operator operating in New Zealand waters owner
a: in relation to a ship registered in New Zealand under the Ship Registration Act 1992
b: in relation to a ship registered in any place outside New Zealand, means the registered owner of the ship:
c: in relation to a fishing ship, other than one to which paragraph (a) or paragraph (b) applies, means the person registered as the owner in the Fishing Vessel Register kept under section 98
d: in relation to a ship to which paragraph (a) or paragraph (b) or paragraph (c) applies, where, by virtue of any charter or demise or for any other reason, the registered owner is not responsible for the management of the ship, includes the charterer or other person who is for the time being so responsible:
e: in relation to an unregistered ship or a registered ship that does not have a registered owner, means the person who is for the time being responsible for the management of the ship passenger
a: the master and members of the crew, and any other person employed or engaged in any capacity on board the ship on the business of the ship:
b: a person on board the ship either in pursuance of an obligation laid upon the master to carry shipwrecked, distressed, or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled:
c: a child under the age of 1 year pilot plant
a: appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle:
b: part of any plant, the controls of any plant, and anything connected to any plant pleasure craft
a: means a ship that is not offered or used for hire or reward, and is used exclusively for—
i: the owner's pleasure or as the owner's residence; or
ii: recreational purposes by—
A: the members of a club that owns the ship:
B: the beneficiaries of a trust that owns the ship:
C: the members of an incorporated society that owns the ship; but
b: excludes a ship that is—
i: provided for transport, sport, or recreation by, or on behalf of, an institution, hotel, motel, place of entertainment, or other establishment or business:
ii: used on a voyage for pleasure if the ship is normally used, or intended to be normally used, as a fishing ship or for the carriage of passengers or cargo for hire or reward:
iii: operated or provided by—
A: a club, incorporated society, or trust for non-recreational purposes; or
B: a business port
a: means an area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and
b: includes any place in or at which ships can or do—
i: load or unload goods:
ii: embark or disembark passengers; and
c: also includes a harbour prescribed proper officer
a: to do or perform the act or duty to which reference is made in the provisions of this Act in which the expression occurs; or
b: to do or perform, in relation to ships registered in or belonging to that country, any act or duty of the same nature as the act or duty to which reference is made in the provisions of this Act in which the expression occurs;— and includes a consular officer of New Zealand in any other country reward
a: in the definition of the term employer and in the definition of the term seafarer, and in section 125(1)
b: in the definition of pleasure craft,—
i: includes the payment (whether of money or money's worth and whether directly or indirectly) of a contribution towards the expenses of a voyage—
A: to, or for the benefit of, the owner or master of a ship:
B: by or on behalf of persons carried, or the owners of cargo carried, on board the ship during the voyage; but
ii: does not include the payment of contributions for the use of a ship exclusively for recreational purposes by—
A: an owner of the ship; or
B: a member of a club, an incorporated society, or a trust that owns the ship rules safety equipment seafarer
a: means any person who—
i: is employed or engaged on any ship in any capacity for hire or reward; or
ii: works on any ship for gain or reward otherwise than under a contract of employment; but
b: does not include a pilot or any person temporarily employed on a ship while it is in port seaplane Secretary serious harm
a: death; or
b: a notifiable injury or illness as defined in section 23 ship
a: a barge, lighter, or other like vessel:
b: a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates:
c: a submarine or other submersible system territorial sea of New Zealand territorial sea section 3 , Contiguous Zone, tonnage measurement transport instrument section 452B unit of account section 88 voyage
a: to another port; or
b: back to the same port without calling at any other port warship
a: means a ship belonging to the armed forces of a State and bearing the external marks distinguishing the nationality of ships of that State, being a ship—
i: under the command of an officer duly commissioned by the Government of that State whose name appears in the appropriate service list or its equivalent; and
ii: crewed by crew subject to regular armed forces discipline; and
b: includes any ship requisitioned under section 10
c: does not include any ship operated by the New Zealand Defence Force that operates, for the time being, for a commercial purpose.
2: The Governor-General may from time to time, by Order in Council, declare—
a: that any specified international convention relating to maritime transport, to which New Zealand is a party, shall be a convention for the purposes of this Part and Parts 2 to 15
b: that any specified amendment to any such convention shall form part of that convention for any such purposes.
3: An order under subsection (2) is secondary legislation ( see Part 3 1952 No 49 s 2 1987 No 184 s 2(1) 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 2(1) all practicable steps repealed 5 May 2003 section 35(1)﻿(b) Health and Safety in Employment Amendment Act 2002 Section 2(1) Authority substituted 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Section 2(1) ballast water inserted 8 September 2017 section 86(2) Biosecurity Law Reform Act 2012 Section 2(1) demise charter inserted 15 December 2005 section 3 Maritime Transport Amendment Act (No 2) 2005 Section 2(1) Director amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Section 2(1) harbour inserted 23 October 2013 section 5(5) Maritime Transport Amendment Act 2013 Section 2(1) harbourmaster inserted 23 October 2013 section 5(5) Maritime Transport Amendment Act 2013 Section 2(1) internal waters of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) maritime Act inserted 1 April 2021 section 31 Regulatory Systems (Transport) Amendment Act 2021 Section 2(1) Minister substituted 1 December 2004 section 3(2) Maritime Transport Amendment Act 2004 Section 2(1) Ministry substituted 1 December 2004 section 3(2) Maritime Transport Amendment Act 2004 Section 2(1) navigation bylaws inserted 23 October 2013 section 5(5) Maritime Transport Amendment Act 2013 Section 2(1) New Zealand-based operator inserted 15 December 2005 section 3 Maritime Transport Amendment Act (No 2) 2005 Section 2(1) New Zealand national inserted 15 December 2005 section 3 Maritime Transport Amendment Act (No 2) 2005 Section 2(1) owner amended 23 October 2013 section 5(1) Maritime Transport Amendment Act 2013 Section 2(1) pleasure craft replaced 23 October 2013 section 5(2) Maritime Transport Amendment Act 2013 Section 2(1) port replaced 23 October 2013 section 5(3) Maritime Transport Amendment Act 2013 Section 2(1) reward replaced 23 October 2013 section 5(4) Maritime Transport Amendment Act 2013 Section 2(1) Secretary inserted 1 December 2004 section 3(2) Maritime Transport Amendment Act 2004 Section 2(1) serious harm replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 2(1) significant hazard repealed 5 May 2003 section 35(1)﻿(b) Health and Safety in Employment Amendment Act 2002 Section 2(1) territorial sea of New Zealand territorial sea amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) transport instrument inserted 1 April 2021 section 31 Regulatory Systems (Transport) Amendment Act 2021 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 15 June 2018 section 6 Maritime Transport Amendment Act 2017
3: Act to bind the Crown
Except as provided in section 4 1952 No 49 s 3 1987 No 184 s 3
4: Application of this Act
1: Except as otherwise provided in this Act, or in any regulations or rules made under this Act, nothing in this Act, or any regulations or rules made under this Act, shall apply to—
a: warships of the New Zealand Defence Force; or
b: warships of any other State; or
c: aircraft of the New Zealand Defence Force; or
d: aircraft of the defence forces of any other State; or
e: any ship owned or operated by a State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes; or
f: the master or the crew of any ship referred to in paragraph (a) or paragraph (b) or paragraph (e); or
g: defence areas as defined in section 2
2: The provisions of sections 344 to 352 361 368 Resource Management Act 1991
3: Where it is alleged that the Crown has contravened a provision of this Act, or any rules or regulations made under this Act, and such contravention constitutes an offence,—
a: any person may apply to the High Court for a declaration that the Crown has contravened that provision; and
b: if satisfied beyond reasonable doubt that the Crown has contravened that provision, the court may make a declaration to that effect.
4: Except where the context otherwise requires, where this Act applies to ships, it applies to New Zealand ships wherever they may be. Section 4(4) inserted 23 October 2013 section 6 Maritime Transport Amendment Act 2013
4A: Application of Parts 3 and 5
Parts 3 5 section 42 section 198(1)﻿(b) Section 4A inserted 15 December 2005 section 4 Maritime Transport Amendment Act (No 2) 2005
5: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister’s functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand’s obligations under the conventions are implemented. Section 5 substituted 1 December 2004 section 4 Maritime Transport Amendment Act 2004
5A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in maritime transport:
b: to promote protection of the marine environment:
c: to administer New Zealand’s participation in the conventions and any other international maritime or marine protection convention, agreement, or understanding to which the Government of New Zealand is a party:
d: to ensure New Zealand’s preparedness for, and ability to respond to, marine oil pollution spills:
e: to make maritime rules and marine protection rules under this Act. Section 5A inserted 1 December 2004 section 4 Maritime Transport Amendment Act 2004
2: Duties relating to health and safety on ships
Part 2 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002 Duties of employers relating to health and safety of seafarers Heading repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
6: Employers to ensure safety of seafarers
Section 6 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002 Duties of employers in relation to hazards Heading repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
7: Identification of hazards to seafarers
Section 7 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
8: Significant hazards to seafarers to be eliminated where practicable
Section 8 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
9: Significant hazards to seafarers to be isolated where elimination impracticable
Section 9 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
10: Significant hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable
Section 10 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002 Duties of employers in relation to information Heading repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
11: Employees to be given results of monitoring
Section 11 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
12: Information for seafarers generally
Section 12 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002 Duties of employers in relation to training and supervision Heading repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
13: Training and supervision
Section 13 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
14: Seafarers to be involved in development of health and safety procedures
Section 14 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002 Other duties Heading repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
15: Duties of employers in respect of persons who are not seafarers
Section 15 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
16: Duties of seafarers
Section 16 repealed 5 May 2003 section 35(1)﻿(c) Health and Safety in Employment Amendment Act 2002
3: Duties in relation to maritime activity
General duties
17: General requirements for participants in maritime system
1: Every person who does anything for which a maritime document is required (in the succeeding provisions of this section called a participant
2: Every participant shall comply with this Act, regulations made under this Act, maritime rules, and the conditions attached to the relevant maritime documents.
3: Every participant shall ensure that the activities or functions for which the maritime document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.
4: Every participant—
a: shall, if so required by maritime rules, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and
b: shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and
c: shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document. 1990 No 98 s 12 1991 No 116 s 3
18: General requirements for persons other than participants
Every person, other than a participant (within the meaning of section 17
a: operates any ship; or
b: is responsible for any maritime product; or
c: is otherwise engaged in any maritime activity— shall comply with the relevant provisions of this Act and any relevant rules.
19: Duties of master
1: The master of a ship shall—
a: be responsible for the safe operation of the ship on a voyage, the safety and wellbeing of all passengers and crew, and the safety of cargo carried; and
b: have final authority to control the ship while in command and for the maintenance of discipline by all persons on board; and
c: be responsible for compliance with all relevant requirements of this Act and regulations and maritime rules made under this Act, except in an emergency when, in the interests of safety, immediate action in breach of this Act or of regulations or maritime rules made under this Act is necessary; and
d: where an emergency requires that in the interests of safety an action is necessary that breaches this Act, or regulations or maritime rules made under this Act, as soon as practicable, notify the Director of the action and the circumstances which necessitated it and, if requested by the Director, provide to the Director a written report in respect of the action.
2: For the purposes of subsection (1)﻿(c), a breach of any prescribed requirement is permitted only if—
a: the emergency involves a danger to life or property; and
b: the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
c: there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
d: the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.
3: Nothing in subsection (1)﻿(c) permits—
a: the breach of any prescribed requirement as to the seaworthiness of a ship; or
b: the operation of a ship by a person who does not hold the appropriate maritime document; or
c: the operation of a ship by a person who does not have authority to operate that ship.
4: Every master commits an offence and is liable on conviction 1990 No 98 s 13 Section 19(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
20: Duty to report dismissals
1: The employer of any seafarer on a New Zealand ship shall report to the Director any dismissal from employment of a seafarer that is a dismissal related to violence, alcohol, the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975 Medicines Act 1981
2: The Director shall not release the name of any person reported under subsection (1) unless the person’s name appears on a list maintained under section 52(4)
21: Pleasure craft departing for overseas
1: No master of a pleasure craft shall permit that pleasure craft to depart from any port in New Zealand for any place outside New Zealand unless—
a: the Director has been notified in writing of the proposed voyage and the full name of the person who is in command of the pleasure craft; and
b: the Director is satisfied that the pleasure craft and its safety equipment are adequate for the voyage; and
c: the Director is satisfied that the pleasure craft is adequately crewed for the voyage; and
d: the pleasure craft and the master comply with any relevant maritime rules.
2: No pleasure craft shall be entitled to a certificate of clearance to depart from any port in New Zealand under the Customs and Excise Act 2018 1952 No 49 s 308 1987 No 184 s 14 Section 21(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Duties in relation to crewing
22: Employer’s duties in relation to seafarers of New Zealand ships on overseas voyages
1: Every employer of a seafarer on any New Zealand ship, other than a pleasure craft, going on an overseas voyage shall,—
a: prior to the departure of the ship,—
i: enter into articles of agreement, in a form approved by the Director as meeting the requirements of the relevant convention and subsection (2), with every seafarer (except the master), in relation to the voyage; and
ii: post the articles of agreement up in a place on the ship easily accessible from the seafarer’s quarters; and
b: ensure that any termination of a period of employment of a seafarer is by notice in writing; and
c: make provision on termination of the voyage, or where the seafarer has been left behind by the ship by reason of—
i: injury sustained during his or her employment on the ship; or
ii: shipwreck; or
iii: illness, which is not due to the seafarer’s own wilful act or default; or
iv: discharge for any cause for which the seafarer cannot be held responsible,— to return each seafarer to his or her own country, or to the port where that seafarer was employed, or to the port where the voyage commenced, or to such other place (if any) as may be agreed between the employer and the seafarer; and an employer of a seafarer shall be deemed to have made adequate provision under this paragraph if the seafarer has been provided with suitable employment on board a vessel proceeding to one of the foregoing destinations; and
d: provide to the seafarer, if requested by the seafarer, a certificate as to the quality of the seafarer’s work and whether the seafarer has fully discharged his or her obligations under any articles of agreement with the employer.
2: The articles of agreement shall include a statement that the agreement shall be terminated by—
a: mutual consent of the employer and the seafarer; or
b: death of the seafarer; or
c: loss or total unseaworthiness of the ship.
3: A seafarer on a New Zealand ship may recover from the seafarer’s employer, or any agent of the employer, the reasonable expenses incurred by the seafarer in returning to his or her own country, or to the port where the crew member was employed, if the employer of that seafarer does not comply with the employer’s obligations under subsection (1)﻿(c).
4: For the purposes of this section,— overseas voyage reasonable expenses
23: Employer’s duties in relation to seafarers on New Zealand ships
1: Every employer of seafarers on a New Zealand ship shall—
a: provide food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality, and variety; and
b: ensure that any seafarer requiring medical attention while overseas receives all necessary medical attention at the employer’s expense; and
c: in the event of the loss or foundering of the ship, pay to every seafarer wages at the normal rate until—
i: the seafarer is otherwise employed; or
ii: the expiry of 2 months from the date of the loss or foundering,— whichever first occurs; and
d: maintain a record (in a form prescribed or in a form approved by the Director) of the employment on board a New Zealand ship of every seafarer employed on that ship by that employer and provide to a seafarer, if requested by that seafarer, a copy of the record applying to that seafarer.
2: Any wages payable under subsection (1) shall be recoverable in the same manner as wages earned by the seafarer during his or her normal employment.
24: Inspection of provisions
Without limiting section 54 section 23(1)﻿(a)
25: Body and effects of deceased seafarer
1: Subject to subsection (2), every employer of seafarers on a New Zealand ship shall make suitable arrangements for the body and effects of any seafarer who dies in the course of a voyage, which may include the return of the body to the deceased’s next of kin or the burial or cremation of that body.
2: The employer shall endeavour to ascertain the reasonable wishes of the deceased’s next of kin and shall, where practicable, comply with those wishes.
3: For the purpose of this section, a person’s next of kin 1952 No 49 s 106(2) Section 25(3) added 26 April 2005 section 7 Relationships (Statutory References) Act 2005
26: Provisions relating to crewing of New Zealand ships and young persons
1: Every employer of seafarers on a New Zealand ship shall keep a register of all persons under the age of 18 years who are employed on that ship and the register shall include the date of birth of each such person.
2: No person shall employ on any New Zealand ship—
a: any person of an age that requires that person to be enrolled at a school; or
b: any person under the age of 18 years as a trimmer or stoker.
3: Notwithstanding subsection (2), where an employer has not been able, after taking all reasonable steps, to obtain a person over 18 years of age as a trimmer or stoker in a port, the employer may employ on a New Zealand ship a person over the age of 16 years as a trimmer or stoker in that port, but in any such case 2 persons over the age of 16 years shall be employed to do the work which would otherwise have been performed by 1 person over the age of 18 years.
4: Nothing in subsection (2) applies to the employment of a person to carry out work on a training ship if the carrying out of such work by a person of that age is approved by the Director. 1952 No 49 s 49(1), (2), (4)
27: Prohibition on receiving remuneration for placing seafarers in employment
1: No person shall carry on for pecuniary gain, directly or indirectly, any undertaking in relation to the finding of employment for seafarers (other than persons to be employed or engaged in fishing within the meaning of the Fisheries Act 1996
2: Every person commits an offence and is liable on conviction 1952 No 49 s 48 Section 27(1) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 27(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Liens on ships by crew and masters
28: Members of crew not to contract out of rights
1: A member of the crew of a ship shall not by any agreement forfeit his or her lien on the ship, or be deprived of any remedy for the recovery of his or her wages, or abandon his or her right to wages in case of the loss of the ship, or abandon any right that he or she may have or obtain in the nature of salvage; and every stipulation in any agreement inconsistent with this subsection shall be void.
2: Nothing in this section shall apply to a stipulation made by a member of the crew of any ship with respect to the remuneration to be paid to that member of the crew for salvage services to be rendered by that ship if, according to the terms of the agreement, the ship is to be employed on salvage service. 1952 No 49 s 91
29: Master to have same rights as members of crew
1: The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his or her wages as a member of the crew of the ship has under this Act or by any law or custom.
2: The master of a ship, and every person lawfully acting as master, shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements and liabilities properly made or incurred by the master on account of the ship as a master has for the recovery of his or her wages. 1952 No 49 s 100(1), (2) Duties in relation to accidents, incidents, etc
30: Recording and notification of accidents, incidents, and mishaps
Every employer of seafarers on a New Zealand ship shall maintain (in a form approved by the Director) a register of accidents, incidents, and mishaps; and shall record in the register particulars relating to—
a: every accident or incident; and
b: every mishap. 1992 No 96 s 25(1)
31: Obligation to notify all accidents, incidents, etc
1: The master of—
a: any New Zealand ship; or
b: any foreign ship in New Zealand waters— that is involved in a mishap that results in serious harm to a person, an accident, or an incident, shall notify the mishap, accident, or incident to the Authority as soon as practicable.
2: If, due to injuries or death or for other good reason, the master of a ship referred to in subsection (1) is unable to give the necessary notice under that subsection, the operator of the ship shall provide the necessary notice.
3: Every person who—
a: operates, maintains, or services, or does any other act in respect of any New Zealand ship, any foreign ship in New Zealand waters, or any maritime product; and
b: is involved in an accident, incident, or mishap resulting in serious harm, involving a New Zealand ship, or a foreign ship in New Zealand waters— shall, where required to do so under maritime rules, notify the accident, incident, or mishap to the Authority as soon as practicable.
4: The co-ordinator of any search and rescue operation for any ship or person missing at sea shall notify the Authority of the operation as soon as practicable.
5: The Authority may, on being notified under this section, request such additional information in such form as it considers appropriate in each specific case, and the master or operator or person of whom the request is made shall provide the additional information forthwith. 1990 No 98 s 26
32: Duty to assist persons in danger and to respond to distress calls
1: The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall, so far as the master can do so without serious danger to the ship and persons on board,—
a: render assistance to any person found at sea in danger of being lost:
b: after a collision, render assistance to the other ship, its crew, and its passengers:
c: after a collision, inform the master of the other ship of the name of his or her own ship, its port of registry, and the nearest port at which it will call.
2: On receiving a signal that a ship, aircraft, or survival craft is in distress, the master of a ship referred to in subsection (1) shall—
a: proceed with all speed to the assistance of the persons in distress and, if possible, inform them of that fact; and
b: comply with any requisition to the master’s ship by the master of the ship in distress by continuing to proceed with all speed to the assistance of persons in distress.
3: Subsection (2)﻿(a) does not apply if—
a: the master is unable, or, in the special circumstances of the case, considers it unreasonable or unnecessary, to proceed to the assistance of the persons in distress; or
b: the master is informed that 1 or more ships have been requisitioned and are complying with the requisition.
4: Neither paragraph (a) of subsection (2) nor, if the ship has been requisitioned, paragraph (b) of that subsection, shall apply if the master is informed by the persons in distress or by the master of another ship which has reached the persons that assistance is no longer necessary.
5: The master of a New Zealand ship that is required to carry a logbook shall enter in the logbook a record of every distress signal received and any reason for failing to go to the assistance of persons in distress in accordance with subsection (3)﻿(a).
6: Every person commits an offence who fails to comply with this section and is liable on conviction
a: imprisonment to a term not exceeding 12 months; or
b: a fine not exceeding $100,000; or
c: both. 1952 No 49 ss 289(1)﻿(a), (c), 297 1987 No 184 s 14 Section 32(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
33: Reporting of dangers to navigation
1: The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall report to ships in the vicinity, and the nearest radio communication station with which it is possible for the ship to communicate, any danger to navigation, including the failure or displacement of any navigational aid.
2: Every person commits an offence and is liable on conviction 1952 No 49 s 294 1987 No 184 s 14 Section 33(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
3A: Local regulation of maritime activity
Part 3A inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33A: Application of this Part
This Part applies to—
a: New Zealand waters; and
b: maritime-related activities anywhere in New Zealand. Section 33A inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33B: Interpretation
In this Part, unless the context otherwise requires,— commercial port
a: means—
i: a port operated by a port company; or
ii: any other port that services commercial ships (whether or not it also services ships that are not commercial ships); and
b: includes the buildings, installations, other structures, or equipment on or adjacent to a port and used in connection with the port's operation or administration maritime-related activities oil section 222(1) owner personal water craft
a: has a fully enclosed hull; and
b: does not take on water if capsized; and
c: is designed to be operated by a person standing, sitting astride, or kneeling on it, but not seated within it port company section 2(1) port operator
a: means any person who operates a commercial port; and
b: includes a port company public authority
a: a Minister of the Crown:
b: a government department:
c: a statutory body:
d: a local authority:
e: an iwi authority region section 5(1) regional council
a: a regional council within the meaning of section 5(1)
b: a unitary authority within the meaning of section 5(1)
c: the Chatham Islands Council territorial authority section 5(1) wreck
a: a ship or an aircraft that is abandoned, stranded, or in distress, or any equipment, cargo, or other articles belonging to or separated from such a ship or aircraft:
b: shipping containers and property lost overboard or similarly separated from a ship other than cargo lost in the course of unloading or discharge from the ship while the ship is in a port:
c: a derelict ship. Section 33B inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33B regional council replaced 1 April 2021 section 32 Regulatory Systems (Transport) Amendment Act 2021
33C: Functions of regional councils
For the purpose of ensuring maritime safety in their regions, regional councils may regulate—
a: the ports, harbours, and waters in their regions; and
b: maritime-related activities in their regions. Section 33C inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Harbourmasters Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33D: Regional councils to appoint harbourmasters
1: A regional council may appoint a harbourmaster for any port, harbour, or waters in its region.
2: Despite subsection (1), a regional council must appoint a harbourmaster for any port, harbour, or waters in its region if the Minister directs it to do so.
3: A direction under subsection (2) must be in writing.
4: If maritime rules do not prescribe qualifications for harbourmasters, the regional council must satisfy itself that a person appointed as harbourmaster is suitably qualified to perform the functions of harbourmaster in respect of the relevant port, harbour, or waters. 1974 No 66 s 650B Section 33D inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33E: Functions of harbourmasters
A harbourmaster may exercise the powers and perform the duties conferred by this Act or any other enactment for the purpose of ensuring maritime safety in relation to the ports, harbours, or waters for which he or she has been appointed as a harbourmaster by the regional council. Section 33E inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33F: Harbourmasters' general powers
1: For the purposes of ensuring maritime safety, or enforcing secondary legislation (including bylaws)
a: enter and remain on any ship in waters within the region:
b: enter and remain on any maritime facility, or on any land or property of a port company or a port operator, within the region:
c: give directions regarding—
i: the time and manner in which ships may enter into, depart from, lie in, or navigate waters within the region:
ii: the position, mooring, unmooring, placing, removing, securing, or unsecuring of ships:
iii: the manner in which ships may take in or discharge cargo:
iv: the manner in which cargo is secured or handled on a ship if there is a risk of cargo falling overboard or becoming a hazard to navigation:
d: direct the master of any ship to—
i: weigh anchor; or
ii: moor, unmoor, anchor, secure, unsecure, place, or move the ship:
e: cause a ship to be moored, unmoored, anchored, secured, unsecured, placed, or removed, or to weigh anchor:
f: cause any floating, submerged, or stranded object that the harbourmaster considers to be a hazard to navigation to be moored, unmoored, anchored, secured, unsecured, placed, or removed:
g: require any person appearing to be in charge of any ship or seaplane to stop, and to give his or her name and address:
h: require any person found committing an offence against this Act (or any secondary legislation (including bylaws)
i: on informing the owner of a ship or seaplane of an alleged offence against this Act (or any secondary legislation (including bylaws)
j: regulate and control traffic and navigation on the occasion of unusual or extraordinary maritime traffic.
2: A harbourmaster may exercise the powers under subsection (1) with the assistance of any persons and equipment the harbourmaster reasonably considers necessary in the circumstances.
3: A harbourmaster exercising a power under subsection (1)﻿(a) or (b) must—
a: announce his or her intention to enter and search the ship or place; and
b: identify himself or herself by name; and
c: produce evidence of his or her identity.
4: However, a harbourmaster is not required to comply with subsection (3) if he or she has reasonable grounds to believe that—
a: no person is lawfully present in the ship or place to be entered; or
b: compliance with subsection (3) would—
i: endanger the safety of any person; or
ii: prejudice the successful exercise of the power of entry.
5: The expenses incurred by a harbourmaster under subsection (1)﻿(e) or (f) are—
a: payable by,—
i: in the case of subsection (1)﻿(e), the master and the owner of the ship:
ii: in the case of subsection (1)﻿(f), the owner of the object; and
b: recoverable as a debt owed to the council.
6: Every person who, without reasonable excuse, fails to comply with a direction or requirement given or imposed under subsection (1) commits an offence and is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in any case, to an additional penalty under section 409
7: Any person affected by a direction given under subsection (1)﻿(c) may appeal against that direction to the District Court section 424 1974 No 66 ss 650C 650D 650E 650G s 131(1), (2) Section 33F inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33F(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33F(1)﻿(h) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33F(1)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33F(7) amended 1 March 2017 section 261 District Court Act 2016 Enforcement Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33G: Enforcement officers, Police, and authorised regional council officials
For the purpose of ensuring maritime safety or enforcing secondary legislation (including bylaws)
a: the regional council may appoint enforcement officers and honorary enforcement officers:
b: enforcement officers, and constables, may exercise the powers of a harbourmaster set out in section 33F(1)﻿(a), (b), (g), (h), and (i)
c: enforcement officers, and constables, may exercise the powers set out in section 33F(1)﻿(c)
d: honorary enforcement officers may exercise the powers set out in section 33F(1)﻿(g) and (h)
e: other persons authorised by the regional council may exercise the powers set out in section 33F(1)﻿(g), (h), and (i) 1974 No 66 ss 650C 650D 650E Section 33G inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33G amended 28 October 2021 section 3 Secondary Legislation Act 2021
33H: Powers of entry
For the purposes of carrying out his or her duties under this Part, a harbourmaster or enforcement officer is to be taken in sections 453 to 456 Section 33H inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Councils may carry out harbour works Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33I: Councils may carry out harbour works
1: For the purpose of ensuring maritime safety,—
a: a regional council may—
i: erect, place, and maintain navigational aids in accordance with maritime rules (if any):
ii: remove obstructions and impediments to navigation:
iii: execute and maintain works that it considers likely to improve navigation:
b: a territorial authority may—
i: erect and maintain quays, docks, piers, wharves, jetties, and launching ramps:
ii: carry out other works for improving, protecting, managing, or utilising the waters within its district:
iii: carry out works to prevent the encroachment of waters within its district.
2: Works constructed by a regional council or territorial authority under this section are the property of the council or authority.
3: A regional council or territorial authority may not construct works, or levy tolls, on private land without the owner's consent.
4: This section is subject to—
a: the Resource Management Act 1991
b: anything to the contrary in the Marine and Coastal Area (Takutai Moana) Act 2011 1974 No 66 s 650A s 200 Section 33I inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Wrecks Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33J: Removal of wrecks by regional council
1: A regional council may take steps in accordance with this section to remove and deal with any wreck within its region that is a hazard to navigation.
2: The regional council may—
a: require the owner of the wreck, or an agent of the owner, to remove the wreck within a time and in a manner satisfactory to the regional council:
b: destroy, dispose of, remove, take possession of, or sell a wreck (or any part of it) if—
i: the regional council has made reasonable efforts to find the owner or agent; and
ii: the owner or agent cannot be found or fails to remove the whole of the wreck within the time specified or in a manner satisfactory to the regional council.
3: The regional council may reimburse itself from the proceeds of any sale of the wreck for any actual expenses incurred in removing the wreck (but must pay any balance owing to the owner of the wreck).
4: The regional council may recover the expenses incurred in removing a wreck as a debt owed by the owner of the wreck in any court of competent jurisdiction. 1974 No 66 s 650K Section 33J inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33K: Removal of wrecks by Director
1: This section applies to any wreck in a regional council's region that is a hazard to navigation.
2: The Director may require the regional council to—
a: remove or deal with the wreck; or
b: cause the owner (of the wreck), or an agent of the owner, to remove the wreck.
3: If the regional council fails to remove or cause the owner, or an agent of the owner, to remove the wreck within 14 days of the Director requiring it to do so under subsection (2), the Director may take steps to remove the wreck, and for that purpose has all the powers of a regional council under section 33J 1974 No 66 s 650K(2)﻿(f) Section 33K inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33L: Removal of abandoned ships
1: This section applies where any ship (including a ship that is anchored or moored)—
a: is in waters within the region of a regional council; and
b: appears to have been abandoned by its owner.
2: The regional council may remove, store, sell, or otherwise dispose of the ship in accordance with this section.
3: The regional council may remove and store the ship (pending sale or other disposal) if—
a: the council has notified the New Zealand Police of the proposal to remove the ship; and
b: more than 1 month has elapsed since the council affixed a notice to the ship advising the owner that the ship may be removed, and sold or otherwise disposed of, in accordance with this section.
4: The regional council must make reasonable efforts to—
a: identify the owner and the ship's port of registry (if any) by reference to any of the following particulars if they are on or in the ship:
i: the ship's name:
ii: any distinctive number or letters:
iii: the ship's IMO ship identification number:
iv: the ship's port of registry:
v: the ship's registration certificate:
vi: any other certificate issued in respect of the ship in accordance with an international maritime convention:
vii: if the ship is moored, any mooring or berthing contracts; and
b: give notice to the owner of the ship of the council's intention to sell or otherwise dispose of the ship.
5: The regional council must notify its intention to sell or otherwise dispose of the ship in 2 issues of a daily newspaper circulating in the region in which the ship is situated.
6: Any notice under this section must contain—
a: the name of the ship (if known); and
b: a reasonable description of the ship, including its length and any distinctive numbers or letters; and
c: the ship's IMO ship identification number (if known); and
d: if applicable, the place from which the ship was removed under subsection (3); and
e: if the ship is currently registered under the Ship Registration Act 1992
7: If, after a search of the relevant ship register, the ship is found to be subject to a security interest, the regional council must, before selling or otherwise disposing of the ship, notify the holder of that interest of its intention to sell or otherwise dispose of the ship.
8: The regional council may sell or otherwise dispose of a ship if—
a: it has complied with subsections (4) to (7); and
b: more than 1 month has elapsed since the date of the second notice under subsection (5).
9: A person to whom a ship is sold or disposed of under subsection (8) becomes the lawful owner of the ship.
10: The regional council may reimburse itself from the proceeds of any sale under subsection (8) for any actual expenses incurred in removing, storing, and selling the ship (but must pay any balance owing to the owner of the ship).
11: If any ship is removed, sold, or otherwise disposed of, under this section, the owner must reimburse the regional council for any actual expenses incurred by the council in removing, storing, selling, or otherwise disposing of the ship, and, if the ship is claimed by the owner before it is sold or otherwise disposed of under this section, those expenses are payable before the owner takes delivery of the ship.
12: The regional council may recover any actual expenses incurred in removing, storing, selling, or otherwise disposing of a ship under this section as a debt owed by the owner in any court of competent jurisdiction.
13: This section is subject to sections 33J 33K 1974 No 66 s 356 Section 33L inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Navigation bylaws Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33M: Navigation bylaws
1: For the purpose of ensuring maritime safety in its region, a regional council may, in consultation with the Director, make bylaws to—
a: regulate and control the use or management of ships:
b: regulate the placing and maintenance of moorings and maritime facilities:
c: prevent nuisances arising from the use of ships and seaplanes:
d: prevent nuisances arising from the actions of persons and things on or in the water:
e: reserve the use of any waters for specified persons, ships, or seaplanes:
f: in relation to boat races, swimming races, or similar events,—
i: prohibit or regulate the use of ships:
ii: regulate, or authorise the organisers of an event to regulate, the admission of persons to specified areas:
g: regulate and control the use of anchorages:
h: prescribe ship traffic separation and management schemes:
i: specify requirements for the carriage and use of personal flotation devices and buoyancy aids on pleasure craft:
j: require the marking and identification of personal water craft.
1A: In relation to the launch of a vehicle or an object that a person has a licence or permit under New Zealand law to launch into outer space, a regional council may, in consultation with the Director, make bylaws—
a: to prohibit or regulate the use of ships:
b: to regulate, or authorise a person to regulate, the admission of persons to specified areas.
1B: The agreement dated 16 September 2016 between Her Majesty the Queen in right of New Zealand acting by and through the Minister for Economic Development, Rocket Lab Limited (a company incorporated under the Companies Act 1993
2: Navigation bylaws made under subsection (1) or (1A)
a: limit or affect the ability of a port company or an operator of a commercial port to manage its operations within areas owned or controlled by it, except to the extent the regional council considers necessary in the interests of maritime safety:
b: impose any charge in respect of the regional council’s responsibilities in relation to oil pollution:
c: impose licensing requirements in respect of any aspect of commercial shipping operations that is subject to any requirement contained in any maritime rule:
d: be inconsistent with—
i: regulations or rules made under this Act; or
ii: the Resource Management Act 1991
iii: the Lakes District Waterways Authority (Shotover River) Empowering Act 1985
iv: the Northland Regional Council and Far North District Council Vesting and Empowering Act 1992
3: Navigation bylaws may specify the boundaries of any port, harbour, or waters to which the bylaws relate. 1974 No 66 ss 684B 684C 684D 684E 684F Section 33M inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33M(1A) inserted 16 December 2017 section 30(1) Maritime Transport Amendment Act 2017 Section 33M(1B) inserted 16 December 2017 section 30(1) Maritime Transport Amendment Act 2017 Section 33M(2) amended 16 December 2017 section 30(2) Maritime Transport Amendment Act 2017
33N: Offences relating to navigation bylaws
1: Every person who breaches a navigation bylaw commits an offence against this Act punishable on conviction.
2: The Governor-General may, by Order in Council, make regulations prescribing a fine not exceeding $2,500 for any offence under subsection (1).
3: Every person who commits an offence under subsection (1) for which no penalty is provided for under subsection (2) is liable to a fine not exceeding $500.
4: Despite section 25
5: Regulations under subsection (2) are secondary legislation ( see Part 3 1974 No 66 ss 683 698 699 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 33N inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33N(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33O: Infringement offences relating to navigation bylaws
1: The Governor-General may, by Order in Council, make regulations—
a: specifying which breaches of navigation bylaws are infringement offences:
b: prescribing an infringement fee, not exceeding $1,000, for any infringement offence specified under paragraph (a):
c: prescribing the form of infringement notices for infringement offences.
2: A person who is alleged to have committed an infringement offence may be—
a: proceeded against for the offence under the Summary Proceedings Act 1957
b: served with an infringement notice.
3: Regulations under this section are secondary legislation ( see Part 3 1974 No 66 ss 699A 699B 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 33O inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33O(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33P: Infringement notices
1: A harbourmaster, an enforcement officer, or a constable may serve an infringement notice on any person that he or she—
a: observes committing an infringement offence; or
b: has reasonable cause to believe—
i: is committing an infringement offence; or
ii: has committed an infringement offence.
2: An infringement notice—
a: is served if the notice or a copy of it is delivered personally to the person alleged to have committed the offence:
b: is to be treated as served for the purposes of the Summary Proceedings Act 1957
3: Every infringement notice must be in the prescribed form and must contain the following:
a: such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee specified for that offence; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other prescribed particulars.
4: If an infringement notice has been issued under this section, proceedings may be commenced in respect of the offence to which the notice relates in accordance with section 21 1974 No 66 s 699C Section 33P inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33Q: Entitlement to infringement fees
A regional council is entitled to retain any infringement fee it receives in respect of an infringement offence—
a: under section 33O
b: under section 422
i: the infringement offence is a breach of a maritime rule or a navigation bylaw prescribed as an infringement offence by regulations made under section 201(1)﻿(b)
ii: the infringement notice was issued under section 423 Section 33Q replaced 16 December 2017 section 31 Maritime Transport Amendment Act 2017 Fees and charges Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33R: Fees and charges
1: A regional council may, in accordance with section 150(3) to (6)
a: in respect of any land, building, equipment, or other property that is owned by the council and operated for maritime-related purposes; or
b: for any function, duty, power, or service performed, exercised, or provided by the council in respect of any ship, maritime facility, offshore installation, pipeline, oil transfer site, navigational aid, or marine farm; or
c: for any maritime-related activities the council undertakes; or
d: in respect of navigation generally.
2: The regional council may fix such fees and charges on any differential basis (for example, on the size of a ship, or on the basis of the nature, the location, and use of a facility). 1974 No 66 s 684B Section 33R inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Port operations Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33S: Responsibilities of port operators for maritime safety
Port operators must not operate, maintain, or service a port, or cause or permit a port to be operated, maintained, or serviced, in a manner that causes unnecessary danger or risk to—
a: any ship; or
b: any person or property that is on a ship or at sea. Section 33S inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33T: Inspections and audits of port operations
1: The Director may require that any port company, port operator, or other person who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, undergo or carry out inspections and audits that the Director considers necessary in the interests of ensuring maritime safety or preventing marine pollution.
2: The Director may require that person to—
a: provide any information the Director considers relevant to the inspection or audit:
b: demonstrate his or her familiarity, or the familiarity of port personnel, with procedures essential for ensuring maritime safety or preventing marine pollution:
c: demonstrate that any operational, maintenance, or servicing procedure that may affect maritime safety or the marine environment is capable of being carried out in a competent manner.
3: Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under this section.
4: A person who commits an offence against subsection (3) is liable,—
a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:
b: in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:
c: in any case, to an additional penalty under section 409 1994 No 104 ss 54 70 Section 33T inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33U: Prohibition or conditions on use or operation of port facilities
1: The Director may prohibit or impose conditions on the use or operation of any commercial port if the Director reasonably believes that—
a: the operation or use of that port, or any activity or operational, maintenance, or servicing procedure at that port, is likely to cause, has caused, or is likely to have caused an accident:
b: port personnel are not familiar with procedures essential for ensuring maritime safety or preventing marine pollution:
c: conditions previously imposed under this subsection are not being met.
2: A prohibition or condition imposed under subsection (1) may be maintained only for so long as is necessary in the interests of—
a: ensuring maritime safety:
b: protecting the health or safety of any person on a ship or at sea:
c: preventing marine pollution.
3: Despite subsection (2), any document, information, or object that is required for evidence in any prosecution under this Act may be retained by the Director for any period that the Director considers necessary for that purpose.
4: The Director must—
a: notify the prohibitions or conditions made under this section to the persons he or she considers necessary in the manner the Director considers appropriate in the circumstances:
b: provide the owner or the person for the time being in charge of the port with the reasons, in writing, for the prohibition or conditions.
5: A person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424
6: Every person who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition imposed under this section commits an offence and is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000. 1994 No 104 s 55 Section 33U inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33U(5) amended 1 March 2017 section 261 District Court Act 2016
33V: Dangerous activity at commercial port
1: Every person commits an offence who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.
2: Every person commits an offence who causes or permits a commercial port to be operated, maintained, or serviced, or who causes or permits any other act to be done in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.
3: Every person commits an offence who fails to comply with a requirement of this Act in respect of a commercial port and that failure causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.
4: Every person commits an offence who omits to act, or who causes or permits another person to omit to act, in respect of a commercial port, knowing or being reckless as to whether danger or risk is caused to any ship or any person or property on a ship or at sea, and the omission causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea.
5: Every person who commits an offence against this section is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409 1994 No 104 s 65 Section 33V inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Miscellaneous Heading inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013
33W: Crown harbours and facilities
1: This section applies to waters (including inland waters), maritime facilities, and maritime works that are—
a: owned or operated by the Crown; and
b: not subject to the jurisdiction of a local authority.
2: The Crown may—
a: regulate, lease, and charge for the use of maritime facilities and maritime works:
b: exercise maritime safety control over any area:
c: do any other thing that a regional council or other local authority may do under this Part.
3: For the purposes of this section, the responsible Minister is,—
a: in the case of facilities or works under the control or management of the Department of Conservation, the Minister of Conservation:
b: in the case of waters, facilities, or works under the control or management of the New Zealand Defence Force, the Minister of Defence:
c: in any other case, the Minister of Local Government.
4: The responsible Minister may, in consultation with the Director, make bylaws in accordance with section 33M
5: The Governor-General may, by Order in Council, make regulations relating to the use of the waters, maritime facilities, and maritime works to which this section applies that—
a: provide for leasing, or charging for the use of, maritime facilities and maritime works:
b: facilitate proof of any document or matter:
c: extend periods of time and cure irregularities:
d: prescribe forms and fees:
e: prescribe fines not exceeding $500 for breaches of the regulations:
f: in the case of continuing offences, prescribe further fines not exceeding $50 for every day that the offence continues:
g: provide for such other matters as are contemplated by or necessary for giving full effect to the provisions of this section.
6: In this section, maritime facilities
a: moorings, wharves, docks, quays, marinas, areas, or other places where ships are maintained; and
b: launching ramps; and
c: other launching facilities.
7: The following are secondary legislation ( see Part 3
a: bylaws under subsection (4):
b: regulations under subsection (5).
8: However, section 161A(4) 1974 No 66 s 650I 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 subsection (4) unless section 161A of the Local Government Act 2002 applies. Legislation Act 2019 requirements for secondary legislation made under subsection (4) unless section 161A Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on their website Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable LA19 s 115 This note is not part of the Act. 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 subsection (5). Legislation Act 2019 requirements for secondary legislation made under subsection (5) 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 33W inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33W(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33W(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33W(8) amended 28 October 2021 regulation 47 Legislation Act (Amendments to Legislation) Regulations 2021
33X: Delegation or transfer of council's responsibilities
1: A regional council or territorial authority
a: the power to transfer responsibilities under this section; and
b: the power to appoint harbourmasters; and
c: the power to make bylaws.
2: A regional council may transfer any of its responsibilities under this Part to another public authority except the power to transfer responsibilities under this section.
2A: A territorial authority may transfer its responsibilities under section 33I
3: A public authority may delegate any of the responsibilities transferred to it under subsection (2) or (2A) to a port operator or a council-controlled organisation
3A: The transfer of a responsibility described in section 33I
4: A transfer of a responsibility under this section may only be made if—
a: the parties to the proposed transfer have agreed on the terms of the proposed transfer; and
b: the parties to the proposed transfer have notified the Minister of the proposed transfer.
4A: A local authority that is party to a proposed transfer must not agree to the transfer unless satisfied, after consultation in accordance with section 82
4B: From the time a transfer takes effect, the responsibilities and powers of the party receiving the transfer are extended as necessary to enable that party to undertake, exercise, and perform the transferred responsibilities.
4C: A party to a transfer may, in accordance with this section, initiate—
a: a variation of the terms of the transfer; or
b: the reversal of the transfer.
5: In this section, council-controlled organisation section 6 1974 No 66 s 650J s 161 Section 33X inserted 23 October 2013 section 7 Maritime Transport Amendment Act 2013 Section 33X(1) amended 16 December 2017 section 32(1) Maritime Transport Amendment Act 2017 Section 33X(2A) inserted 16 December 2017 section 32(2) Maritime Transport Amendment Act 2017 Section 33X(3) amended 16 December 2017 section 32(3) Maritime Transport Amendment Act 2017 Section 33X(3A) inserted 16 December 2017 section 32(4) Maritime Transport Amendment Act 2017 Section 33X(4) replaced 16 December 2017 section 32(5) Maritime Transport Amendment Act 2017 Section 33X(4A) inserted 16 December 2017 section 32(5) Maritime Transport Amendment Act 2017 Section 33X(4B) inserted 16 December 2017 section 32(5) Maritime Transport Amendment Act 2017 Section 33X(4C) inserted 16 December 2017 section 32(5) Maritime Transport Amendment Act 2017
4: Further regulation of maritime activity
Maritime rules
34: Maritime rules relating to maritime documents
1: Maritime rules made under this Part may require that a maritime document be held by or in respect of all or any of the following:
a: New Zealand ships:
b: all ships (including foreign ships)
c: the owners and operators of, and seafarers on, New Zealand ships or foreign ships operating in New Zealand waters:
d: persons or organisations having a direct involvement in ship operations or ship or maritime product safety services:
e: maritime products used on, by, or in relation to New Zealand ships or foreign ships operating in New Zealand waters:
f: persons or organisations that provide—
i: maritime training; or
ii: the testing, inspecting, audit, or certification of ships or maritime products; or
iii: the design, manufacture, or maintenance of ships or maritime products:
g: shipping operations and management:
h: shipping containers:
i: navigational aid installations:
j: such other persons, ships, maritime products, maritime-related as may be operated or engaged or used in New Zealand waters or
2: The requirements, standards, and application procedure for each maritime document, and the maximum period for which each document may be issued or recognised, as the case may be, shall be prescribed by maritime rules.
3: Subject to any maritime rules, a maritime document may be issued or a document may be recognised as a maritime document, as the case may be, by the Director for such period and subject to such conditions as the Director considers appropriate in each particular case.
4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 7 Section 34(1)﻿(b) amended 9 June 1999 section 3(a) Maritime Transport Amendment Act 1999 Section 34(1)﻿(j) amended 23 October 2013 section 8 Maritime Transport Amendment Act 2013 Section 34(1)﻿(j) amended 9 June 1999 section 3(b) Maritime Transport Amendment Act 1999 Section 34(4) amended 1 March 2017 section 261 District Court Act 2016
35: Application for maritime document
1: Every application for the grant or renewal of a maritime document or the recognition of a document as a maritime document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.
2: Every applicant for a maritime document shall include in his or her application his or her address for service in New Zealand including, where applicable, telephone and facsimile numbers.
3: It shall be the duty of every holder of a maritime document to maintain the currency of the information provided under subsection (2) by promptly notifying the Director of any changes to the address, telephone number, or facsimile number.
4: The Director shall ensure that a record of all information provided under this section is maintained at the Maritime Registry.
5: Service of any notification under this Act on a holder of, or an applicant for, a maritime document shall be effective service if served at the address last provided by that holder or applicant under this section. 1990 No 98 s 8 1992 No 75 s 5
36: Maritime rules relating to other matters
1: The Minister may from time to time make maritime rules that provide for all or any of the following
a: classifying ships as to type, nature of service, operating limits, or otherwise:
b: the implementation of technical standards, codes of practice, performance standards, and other requirements of the conventions:
c:
d:
e:
ea: any matter that is contemplated by or necessary for giving full effect to Part 4B
i: the prescribing of safety-sensitive activities; and
ii: a scheme for carrying out drug and alcohol testing of safety-sensitive workers, including the prescribing of—
A: testable drugs; and
B: permissible levels of alcohol or testable drugs for testing purposes; and
C: testing processes and procedures; and
iii: the prescribing of matters to be stated in a document under section 40Z(5)﻿(a)﻿(iii)
iv: record keeping by operators and the Director:
f:
g:
h:
i: defining operating limits and pilotage limits:
ia: requirements concerning pilotage, including when and where, and the classes of ships for which, pilotage is required or not required:
j:
k:
l:
m:
n:
o:
p:
q:
r:
s: section 41
t:
ta:
tb: regulating the conduct of ships in New Zealand waters or the conduct of ships in any defined part of New Zealand waters, for the purpose of securing safe navigation in those waters:
tc:
td:
u:
i: to enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport:
ii: to implement such international practices or standards relating to maritime transport as may, from time to time, be recommended by the International Maritime Organisation:
v: assisting maritime safety and security, including (but not limited to) personal security:
w: assisting economic development:
x: improving access and mobility:
y: protecting and promoting public health:
z: ensuring environmental sustainability:
za: any matter related, or reasonably incidental, to any of the following:
i: the Minister’s objectives under section 5
ii: the Minister’s functions under section 5A
iii: the Authority’s objective under section 430
iv: the Authority’s functions under section 431
v: the Director’s functions under section 439
zb: any other matter contemplated by a provision of this Act.
2: Without limiting anything in subsection (1), rules made under this section may apply to—
a: river rafts:
b: other manually powered water craft:
c: water craft solely powered by sail:
d: the operators, crew, and passengers of river rafts, other manually powered water craft, and water craft solely powered by sail.
3: Maritime rules under this section are secondary legislation ( see Part 3 1990 No 98 s 28 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 36(1) amended 16 December 2017 section 33(1) Maritime Transport Amendment Act 2017 Section 36(1)﻿(c) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(d) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(e) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(ea) inserted 16 December 2017 section 4 Maritime Transport Amendment Act 2017 Section 36(1)﻿(f) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(g) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(h) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(i) replaced 16 December 2017 section 33(3) Maritime Transport Amendment Act 2017 Section 36(1)﻿(ia) inserted 16 December 2017 section 33(3) Maritime Transport Amendment Act 2017 Section 36(1)﻿(j) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(k) amended 16 December 2017 section 33(4)﻿(a) Maritime Transport Amendment Act 2017 Section 36(1)﻿(k) amended 16 December 2017 section 33(4)﻿(b) Maritime Transport Amendment Act 2017 Section 36(1)﻿(l) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(m) substituted 9 June 1999 section 4(2) Maritime Transport Amendment Act 1999 Section 36(1)﻿(m) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(n) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(o) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(p) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(q) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(r) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(s) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(t) substituted 9 June 1999 section 4(3) Maritime Transport Amendment Act 1999 Section 36(1)﻿(t) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(ta) inserted 9 June 1999 section 4(3) Maritime Transport Amendment Act 1999 Section 36(1)﻿(ta) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(tb) inserted 9 June 1999 section 4(3) Maritime Transport Amendment Act 1999 Section 36(1)﻿(tc) inserted 23 October 2013 section 9(1) Maritime Transport Amendment Act 2013 Section 36(1)﻿(tc) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(td) inserted 23 October 2013 section 9(1) Maritime Transport Amendment Act 2013 Section 36(1)﻿(td) amended 16 December 2017 section 33(2) Maritime Transport Amendment Act 2017 Section 36(1)﻿(u) amended 16 December 2017 section 33(5) Maritime Transport Amendment Act 2017 Section 36(1)﻿(v) substituted 1 December 2004 section 5 Maritime Transport Amendment Act 2004 Section 36(1)﻿(w) added 1 December 2004 section 5 Maritime Transport Amendment Act 2004 Section 36(1)﻿(x) added 1 December 2004 section 5 Maritime Transport Amendment Act 2004 Section 36(1)﻿(y) added 1 December 2004 section 5 Maritime Transport Amendment Act 2004 Section 36(1)﻿(z) added 1 December 2004 section 5 Maritime Transport Amendment Act 2004 Section 36(1)﻿(za) added 1 December 2004 section 5 Maritime Transport Amendment Act 2004 Section 36(1)﻿(zb) added 1 December 2004 section 5 Maritime Transport Amendment Act 2004 Section 36(2) replaced 23 October 2013 section 9(2) Maritime Transport Amendment Act 2013 Section 36(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
36A: Power of Governor-General to make maritime rules
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make maritime rules for any purpose for which the Minister may make maritime rules under this Part.
2: An order under this section—
a: is secondary legislation ( see Part 3
b: is not to be drafted by the PCO under section 67(d)﻿(i)
2A:
3: To avoid doubt,—
a: the Governor-General may amend or revoke any maritime rule made by the Minister (as if the Governor-General had made the rule):
b: the Minister may amend or revoke any maritime rule made by the Governor-General (as if the Minister had made the rule). 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 36A inserted 23 October 2013 section 10 Maritime Transport Amendment Act 2013 Section 36A(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 36A(2A) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
37: Power of Director to make emergency maritime rules
1: The Director may from time to time make emergency maritime rules for any purpose for which the Minister may make maritime rules under this Part, if the Director considers that—
a: such rules are necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property; and
b: it is not practicable in the circumstances of the particular case for the Minister to make maritime rules to effectively alleviate or minimise the risk concerned.
2: The Minister may revoke any emergency maritime rule
3: The following are secondary legislation ( see Part 3
a: emergency maritime rules under subsection (1):
b: a revocation under subsection (2).
4: If the Director is of the opinion that, because of reasons of safety or because of the imminence of the threat to the marine environment, it is impracticable to publish immediately an emergency maritime rule or revocation under that Act, the Director must give a copy of it to the persons (if any) whom the Director considers appropriate.
5: An emergency maritime rule or revocation to which subsection (4) applies—
a: has effect only in relation to a person to whom it has been given under subsection (4); and
b: comes into force in relation to that person immediately after it is given to the person (even if it is not yet published).
6: For the purposes of subsection (4), a rule or revocation may be given in any way the Director considers appropriate. 1990 No 98 s 31 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 37(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38: Contravention of emergency maritime rule
1: Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any emergency maritime rule made under section 37
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $30,000. 1990 No 98 s 53 Section 38(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Requirements in relation to maritime rules
39: Matters to be taken into account in making maritime rules
1: Maritime rules and emergency maritime rules
2: In making any maritime rule, the Minister , the Governor-General,
a: the recommended international practices relating to maritime safety and to the health and welfare of seafarers:
b: the level of risk existing to maritime safety in each proposed activity or service:
c: the nature of the particular activity or service for which the rule is being established:
d: the level of risk existing to maritime safety in New Zealand in general:
e: the need to maintain and improve maritime safety and security, including (but not limited to) personal security:
f: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: promotes and protects public health:
iv: ensures environmental sustainability:
fa: the costs of implementing measures for which the rule is being proposed:
g: the international circumstances in respect of maritime safety:
h: such other matters as the Minister , the Governor-General, 1990 No 98 s 33 Section 39(1) amended 23 October 2013 section 11(1) Maritime Transport Amendment Act 2013 Section 39(2) amended 23 October 2013 section 11(2) Maritime Transport Amendment Act 2013 Section 39(2)﻿(e) substituted 1 December 2004 section 6 Maritime Transport Amendment Act 2004 Section 39(2)﻿(f) substituted 1 December 2004 section 6 Maritime Transport Amendment Act 2004 Section 39(2)﻿(fa) inserted 1 December 2004 section 6 Maritime Transport Amendment Act 2004 Section 39(2)﻿(h) amended 23 October 2013 section 11(2) Maritime Transport Amendment Act 2013
40: Further provisions relating to rules
The provisions of sections 446 to 452 Granting of exemptions from maritime rules Heading inserted 1 April 2021 section 33 Regulatory Systems (Transport) Amendment Act 2021
40AA: Director may grant exemptions from maritime rules
1: The Director may, if the Director thinks it appropriate,—
a: exempt 1 or more named or specified persons, ships, maritime products, or other things from 1 or more specified requirements in a maritime rule; or
b: exempt any class of person, ship, maritime product, or other thing from 1 or more specified requirements in a maritime rule.
2: The Director must not grant an exemption unless satisfied that—
a: granting the exemption will not breach New Zealand’s obligations under any convention; and
b: one of the following applies:
i: the requirement has been substantially complied with and further compliance is unnecessary:
ii: the manner in which the requirement has been, or is sought to be, fulfilled is as effective as or more effective than actual compliance with the requirement:
iii: the requirement is clearly unreasonable or inappropriate in this particular case:
iv: events have occurred that make the requirement unnecessary or inappropriate in this particular case; and
c: the risk of harm to the marine environment will not be significantly increased by granting the exemption; and
d: the risk to safety will not be significantly increased by granting the exemption.
3: The power under subsection (1) must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted.
4: This section does not limit or affect any other power of exemption conferred on any person under this Act or any other maritime Act.
5: The Director must notify the number and nature of exemptions granted under subsection (1)﻿(a) in the Gazette
6: A class exemption is secondary legislation ( see Part 3
7: The Director’s reasons for granting a class exemption must be published with the exemption.
8: In this section and section 40AB class exemption 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on the Agency’s Internet site •	comply with subsection (7) 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 40AA inserted 1 April 2021 section 33 Regulatory Systems (Transport) Amendment Act 2021
40AB: General provisions relating to exemptions
1: This section applies to exemptions under section 40AA
2: The Director may—
a: grant an exemption on any terms and conditions that the Director thinks fit:
b: amend or revoke an exemption:
c: grant an exemption for an indefinite or limited period:
d: replace an exemption either before or when it expires.
3: An exemption takes effect from the date specified in the exemption (which, for a class exemption, must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019
4: An exemption granted for a limited period expires (unless it is sooner replaced or revoked) on the date specified in the exemption.
5: If the term of an exemption is not specified in the exemption, it has effect for an indefinite period (or until it is replaced or revoked).
6: The breach of a term or condition of an exemption is a breach of the relevant provision in the rule to which the exemption relates (unless the terms of the exemption provide otherwise). Section 40AB inserted 1 April 2021 section 33 Regulatory Systems (Transport) Amendment Act 2021
40AC: Appeal against decision on exemption under section 40AA(1)﻿(a)
A person in respect of whom any decision is taken to grant (or not to grant), to amend, or to revoke an exemption under section 40AA(1)﻿(a) section 424 Section 40AC inserted 1 April 2021 section 33 Regulatory Systems (Transport) Amendment Act 2021
4A: Regulation of alcohol consumption by seafarers
Part 4A inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40A: Interpretation
In this Part, unless the context otherwise requires,— accompany approved analyst
a: a person who is designated by the Science Minister, by notice in the Gazette
b: a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case approved laboratory Gazette Part 6 blood specimen section 2(1) blood specimen collecting instrument section 2(1) blood specimen collecting kit section 2(1) blood specimen collecting procedure section 2(1) blood test blood test fee section 2(1) breath screening device section 2(1) breath screening test section 2(1) Commissioner court the District Court designated safety, security, or marine environmental duties
a: a document outlining the safety management system of the ship:
b: a document outlining the shipboard procedures for the ship:
c: the employment contract for an individual seafarer enforcement officer
a: a constable:
b: a Police employee (other than a constable) who is authorised for the purpose by the Commissioner evidential breath test section 2(1) evidential breath-testing device section 2(1) hospital section 58(4) lawyer section 6 medical centre medical expenses medical officer
a: a person acting in a hospital and who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist medical practitioner section 114(1)﻿(a) passive breath-testing device section 2(1) positive private analyst section 2(1) Science Minister section 2(1) seafarer STCW Convention Section 40A inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013 Section 40A court amended 1 March 2017 section 261 District Court Act 2016 Section 40A doctor’s surgery repealed 30 November 2022 section 72(1) Statutes Amendment Act 2022 Section 40A medical centre inserted 30 November 2022 section 72(2) Statutes Amendment Act 2022
40B: Seafarers not to exceed specified alcohol limits
A seafarer may not perform, or attempt to perform, designated safety, security, or marine environmental duties on a ship while—
a: the proportion of alcohol in the seafarer’s breath, as ascertained by an evidential breath test subsequently undergone by the seafarer under section 40I
b: the proportion of alcohol in the seafarer’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the seafarer under section 40L 40M 1998 No 110 s 11 Section 40B inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40C: Contravention of specified breath or blood-alcohol limit
1: A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s breath, as ascertained by an evidential breath test subsequently undergone by the seafarer under section 40I
2: A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the seafarer under section 40L 40M
3: If a seafarer is convicted of an offence against subsection (1) or (2), the maximum penalty is imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000. 1998 No 110 s 56 Section 40C inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40D: Failure or refusal to remain at specified place or to accompany enforcement officer
1: A seafarer commits an offence if the seafarer—
a: fails or refuses to remain at the place where the seafarer underwent a breath screening test under section 40H
b: fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 40I 40L
c: having accompanied an enforcement officer to a place under a requirement under section 40I 40L
i: fails or refuses to remain at that place until the seafarer is required to undergo an evidential breath test or a blood test; or
ii: fails or refuses to accompany an enforcement officer to another place under any of those sections; or
d: having undergone an evidential breath test under a requirement under section 40I
2: If a seafarer is convicted of an offence against subsection (1), the maximum penalty is a term of imprisonment not exceeding 12 months or a fine not exceeding $10,000. 1998 No 110 s 59 Section 40D inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40E: Failure or refusal to permit blood specimen to be taken
1: A seafarer commits an offence if the seafarer—
a: fails or refuses to permit a blood specimen to be taken after having been required to do so under section 40L
b: fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 40L
c: is a person from whom a medical practitioner or medical officer may take a blood specimen under section 40M
2: If a seafarer is convicted of an offence against subsection (1), the maximum penalty is imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000. 1998 No 110 s 60 Section 40E inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40F: Defences
1: It is a defence to proceedings for an offence against section 40E
2: It is no defence to proceedings for an offence against this Part that a provision forming part of sections 40H to 40P 40R
3: It is no defence to proceedings for an offence against section 40E
a: there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
4: It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's breath that—
a: there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.
5: It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's blood that—
a: there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test. 1998 No 110 s 64 Section 40F inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40G: Blood test fee
1: A seafarer who, having undergone a blood test, is convicted of an offence against section 40C(2)
2: The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen. 1998 No 110 s 67 Section 40G inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40H: Who must undergo breath screening test
1: An enforcement officer may require a seafarer to undergo a breath screening test without delay if—
a: the officer has good cause to suspect that the seafarer has recently committed an offence against section 40C
b: a safety, security, or marine environmental incident involving the use of the ship has occurred while the seafarer was performing designated safety, security, or marine environmental duties and the officer has good cause to suspect that alcohol was a contributing factor.
2: An enforcement officer may not require a seafarer who is in a hospital or medical centre
3: A seafarer who has undergone a breath screening test under this section must remain at the place where the seafarer underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the seafarer without warrant if the seafarer refuses or fails to remain at that place.
4: If an enforcement officer may require a seafarer to undergo a breath screening test, the enforcement officer may also require that seafarer to undergo a test using a passive breath-testing device by holding a passive breath-testing device near the seafarer's mouth for the purpose of ascertaining whether or not there is any alcohol in the seafarer's breath.
5: The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test. 1998 No 110 s 68 Section 40H inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013 Section 40H(2) amended 30 November 2022 section 73 Statutes Amendment Act 2022
40I: Who must undergo evidential breath test
1: An enforcement officer may require a seafarer to accompany an enforcement officer to a place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both) when required to do so by the officer if—
a: the seafarer has undergone a breath screening test under section 40H
b: the seafarer fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 40H
c: the officer has good cause to suspect that the seafarer has consumed alcohol and the seafarer could be required to undergo a breath screening test without delay under section 40H
i: a breath screening device is not readily available; or
ii: a breath screening test cannot, for any reason, be carried out then.
2: If it is not practicable for a seafarer to undergo an evidential breath test at a place to which the seafarer has accompanied an enforcement officer under subsection (1), an enforcement officer may require the seafarer to accompany the officer to any other place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both).
3: An enforcement officer may require a seafarer to accompany the officer to a place under subsection (1) if—
a: it is likely that the seafarer can undergo an evidential breath test at that place, whether or not it is likely that the seafarer can undergo a blood test at that place; or
b: it is likely that the seafarer can undergo a blood test at that place, whether or not it is likely that the seafarer can undergo an evidential breath test at that place.
4: An enforcement officer may require a seafarer to undergo without delay at that place an evidential breath test (whether or not the seafarer has already undergone a breath screening test) if the seafarer—
a: has accompanied the enforcement officer; or
b: has been arrested under subsection (6) and taken to or detained at a place.
5: A seafarer must—
a: accompany the officer to a place when required to do so under this section:
b: if the seafarer has accompanied an enforcement officer to a place under this section, remain at that place until the seafarer is required either to undergo an evidential breath test or a blood test under this Part, or to accompany an enforcement officer to another place under this section:
c: if the seafarer has undergone an evidential breath test under this section, remain at the place where the seafarer underwent the test until after the result of the test is ascertained.
6: An enforcement officer may arrest without warrant a seafarer who contravenes subsection (5).
7: An enforcement officer may not require a seafarer who is in a hospital or medical centre 1998 No 110 s 69 Section 40I inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013 Section 40I(7) amended 30 November 2022 section 74 Statutes Amendment Act 2022
40J: Seafarer may be required to undergo further evidential breath test if initial test fails to produce result
1: If for any reason an evidential breath test carried out under section 40I section 40L(1)﻿(c)
2: A requirement made under subsection (1) is deemed to be a requirement under section 40I(4) 1998 No 110 s 70 Section 40J inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40K: Right to elect blood test
If the result of a seafarer's evidential breath test appears to be positive, the seafarer has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)﻿(a) 1998 No 110 s 70A Section 40K inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40L: Who must give blood specimen at places other than hospital or surgery
1: A seafarer must permit a medical practitioner or medical officer to take a blood specimen from the seafarer when required to do so by an enforcement officer if—
a: the seafarer fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 40I
b: the seafarer has undergone an evidential breath test under section 40I(4)
i: it appears to the officer that the test is positive; and
ii: within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)﻿(a)
c: an evidential breath testing device is not readily available at the place to which the seafarer has accompanied an enforcement officer under section 40I
d: the officer has arrested the seafarer under section 40U sections 40C to 40E
i: a medical practitioner has examined the seafarer and believes that the seafarer may be under the influence of alcohol; or
ii: the seafarer has refused to be examined by a medical practitioner for the purposes of this paragraph.
2: An enforcement officer may exercise the powers in subsection (1) in addition to any breath screening tests under section 40H section 40I
3: A seafarer who has been required by an enforcement officer under subsection (1) to permit the taking of a blood specimen must, without delay after being requested to do so by a medical practitioner or medical officer, permit that medical practitioner or medical officer to take a blood specimen from the seafarer.
4: If it is not practicable for a blood specimen to be taken from a seafarer by a medical practitioner or medical officer at a place where the seafarer has been required under this section to permit the taking of a blood specimen, the seafarer must accompany an enforcement officer to any other place where it is likely that a blood specimen can be taken from the seafarer by a medical practitioner or medical officer if the officer requires the seafarer to do so.
5: If a blood specimen taken under this section is insufficient for the purposes of the relevant blood specimen collecting procedure,—
a: the seafarer from whom the specimen was taken must permit a medical practitioner or medical officer to take a further blood specimen immediately after being requested to do so by the medical practitioner or medical officer; and
b: a further blood specimen so taken is to be treated as part of the original blood specimen taken from the seafarer.
6: An enforcement officer may arrest a seafarer without warrant if the seafarer—
a: fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or
b: having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a medical practitioner or medical officer to permit a blood specimen to be taken under this section. 1998 No 110 s 72 Section 40L inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40M: Who must give blood specimen in hospital or
medical centre
1: A person who is under examination, care, or treatment in a hospital or medical centre
a: the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or
b: another medical practitioner or a medical officer.
2: If a person under examination, care, or treatment in a hospital or medical centre
a: the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or
b: another medical practitioner or a medical officer.
3: Whether or not a person has consented to the taking of the specimen and whether or not the person is capable of giving consent, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or medical centre
a: may take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer; and
b: must either take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer, if an enforcement officer requests him or her to do so.
4: If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another medical practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Part to be treated as a part of the original blood specimen taken from the person), whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.
5: Despite subsections (1) to (4), a blood specimen may be taken from a person under any provision of this section only if the medical practitioner or medical officer—
a: has reasonable grounds to suspect that the person—
i: is a seafarer; and
ii: is in the hospital or medical centre
A: an accident or incident involving the use of a ship:
B: an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and
b: has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
c: tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.
6: If a blood specimen is taken under this section from a person who is unconscious, the medical practitioner or medical officer who took the specimen must notify the person in writing as soon as practicable that the specimen was taken under this section for evidential purposes.
7: No civil or criminal proceedings may be taken against the Crown, Health New Zealand,
8: Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen. 1998 No 110 s 73 Section 40M inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013 Section 40M heading amended 30 November 2022 section 75(1) Statutes Amendment Act 2022 Section 40M(1) amended 30 November 2022 section 75(2) Statutes Amendment Act 2022 Section 40M(2) amended 30 November 2022 section 75(2) Statutes Amendment Act 2022 Section 40M(3) amended 30 November 2022 section 75(2) Statutes Amendment Act 2022 Section 40M(5)﻿(a)﻿(ii) amended 30 November 2022 section 75(2) Statutes Amendment Act 2022 Section 40M(7) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
40N: Procedure for dealing with blood specimens
1: A blood specimen taken under section 40L 40M
2: In the case of a blood specimen taken under section 40L
3: In the case of a blood specimen taken under section 40M
a: within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted by registered post, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure; and
b: if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give the Commissioner written notification of—
i: the approved laboratory to which the blood specimen was (or is being) delivered or posted; and
ii: the seafarer from whom the blood specimen was taken.
4: If a seafarer from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—
a: the seafarer (or the seafarer's lawyer) may apply to the Commissioner in accordance with subsection (6); and
b: if the application complies with subsection (6),—
i: the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to which the blood specimen taken from the seafarer was delivered or posted under subsection (2) or (3); and
ii: that laboratory must send by registered post, personal delivery, or delivery by courier the blood specimen, held for the purpose, to the private analyst specified in the application.
5: If an application under subsection (4) does not comply with subsection (6), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory.
6: An application under subsection (4)﻿(a) must—
a: be made in writing to the Commissioner not later than 28 days after—
i: the date on which a summons in respect of an offence against this Part (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or
ii: if the defendant is arrested under a warrant under section 34
iii: in any case to which subparagraph (i) or (ii) does not apply, the date on which the defendant is first charged in court with any such offence; and
b: state the full name, address, and occupation of the defendant and the date of the alleged offence; and
c: identify the private analyst to whom the part of the blood specimen is to be sent and the address of the private analyst.
7: A blood specimen sent to an approved laboratory under subsection (2) or (3) may be destroyed at any time later than 1 year after the date the specimen was so sent. 1998 No 110 s 74 Section 40N inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40O: Certificates in proceedings
1: Except as provided in section 40S
2: This section applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying that—
a: a specimen of venous blood was taken by the medical practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and
b: for the purposes of the specified blood specimen collecting procedure,—
i: the specimen was sufficient; or
ii: the specimen was insufficient and the medical practitioner or medical officer took a further specimen; and
c: in accordance with the specified blood specimen collecting procedure, the medical practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and
d: each container was received by the medical practitioner or medical officer in a sealed blood specimen collecting kit; and
e: the medical practitioner or medical officer handed each container to an enforcement officer named in the certificate.
3: This section also applies to a certificate purporting to be signed by a medical practitioner and certifying that—
a: the person named in the certificate was in a hospital or medical centre
b: the medical practitioner, being a medical practitioner in immediate charge of the examination, care, or treatment of that person, took a blood specimen or caused a blood specimen to be taken by any other medical practitioner or any medical officer from the person under section 40M
c: the medical practitioner has reasonable grounds to suspect that the person—
i: is a seafarer; and
ii: was in the hospital or medical centre
A: an accident or incident involving a ship:
B: an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and
d: before taking the blood specimen or causing the blood specimen to be taken from the person, the medical practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
e: the medical practitioner—
i: told the person that the blood specimen was being or had been taken under section 40M
ii: if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 40M
4: This section also applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying—
a: all the matters referred to in subsection (2)﻿(a) to (d); and
b: that the medical practitioner or medical officer sent or caused to be sent by registered post, personal delivery, or delivery by courier, on a specified date, the specimen to a specified approved laboratory in accordance with section 40N
c: that, if at the time the blood specimen was taken more than 1 approved laboratory existed, the medical practitioner or medical officer had notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.
5: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—
a: a blood specimen in a sealed container was, on a specified date, delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) for analysis, and was delivered by registered post or personal delivery or delivery by courier; and
b: on analysis of the blood specimen by an analyst specified in the certificate, the presence or a specified proportion of alcohol was found in the specimen; and
c: no such deterioration or congealing of the specimen was found as would prevent a proper analysis.
6: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 40N
7: For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make the certificate. 1998 No 110 s 75 Section 40O inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013 Section 40O(3)﻿(a) amended 30 November 2022 section 76 Statutes Amendment Act 2022 Section 40O(3)﻿(c)﻿(ii) amended 30 November 2022 section 76 Statutes Amendment Act 2022
40P: Certificates of compliance for evidential breath-testing devices
1: An evidential breath-testing device must be supported by a certificate of compliance given under this section or section 75A
2: At any trial or defended hearing for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance, and the certificate must be provided by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.
3: Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer's specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.
4: In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—
a: must be treated as such a certificate or certified copy; and
b: is conclusive evidence of the sufficiency of the authority of the person who signed the document.
5: After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice
6: Without limiting subsection (5), the notice given under subsection (5) must—
a: be, in the case of any kind of evidential breath-testing device approved after the commencement of this section, given in conjunction with the notice approving that kind of device:
b: specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:
c: specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:
d: require a certificate of compliance to include a statement to the effect that the device is being maintained in accordance with the manufacturer's specifications.
7: A notice under this section is secondary legislation ( see Part 3 1998 No 110 s 75A 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 40P inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013 Section 40P(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 40P(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
40Q: Presumptions relating to blood specimens
1: In proceedings for an offence against this Part, it is to be presumed, in the absence of proof to the contrary, that,—
a: if a certificate referred to in section 40P
b: every approved analyst who signed a certificate referred to in section 40O(5)
c: if the container in which a blood specimen (or part of a blood specimen) was placed was received by a medical practitioner or medical officer in a sealed blood specimen collecting kit, the container contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.
2: On the request of a person from whom a blood specimen has been taken under section 40L 40M 1998 No 110 s 76 Section 40Q inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40R: Presumptions relating to alcohol-testing
1: For the purposes of proceedings for an offence against this Part arising out of the circumstances in which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant's breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant's breath indicated by the test.
2: For the purposes of proceedings for an offence against this Part arising out of the circumstances in which a blood specimen was taken from the defendant under section 40L 40M
3: Except as provided in subsection (4), the result of a positive evidential breath test is not admissible in evidence in proceedings for an offence against any of sections 40C to 40E
a: the seafarer who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained, that the test was positive and that, if the seafarer does not request a blood test within 10 minutes, in the case of a positive test that indicates that the proportion of alcohol in the seafarer's breath exceeds 250 micrograms of alcohol per litre of breath, the test could of itself be conclusive evidence to lead to that seafarer's conviction for an offence against this Part; or
b: the seafarer who underwent the test—
i: advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the seafarer wishes to undergo a blood test; and
ii: complies with section 40L(3)
4: Subsection (3)﻿(a) does not apply if the seafarer who underwent the test fails or refuses to remain at the place where the seafarer underwent the test until the seafarer can be advised of the result of the test.
5: If it is proved in proceedings for an offence against section 40E section 40H 40I 40J 40L 40M 1998 No 110 s 77 Section 40R inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40S: Circumstances in which certificate not admissible in proceedings
1: A certificate referred to in section 40O(2), (3), or (4)
2: No certificate referred to in section 40O(5)
a: an application has been made in accordance with section 40N
b: the specimen has not been sent to the private analyst in compliance with the application.
3: However, subsection (2) does not apply in respect of a specimen destroyed under the authority of section 40N(7)
4: No certificate referred to in section 40O(5) or (6)
a: in the case of a certificate referred to in section 40O(5)
b: in the case of a certificate referred to in section 40O(6)
5: The court may not make an order under subsection (4) unless the application made by the defendant under that subsection is accompanied by an affidavit, sworn by the private analyst who is specified in the defendant's application under section 40N
a: since the date given to the private analyst as the date on which application was made under section 40N
b: the blood specimen received by the private analyst relating to the defendant—
i: was not suitable for analysis; or
ii: was suitable for analysis but, for specified reasons, that analysis was not carried out; or
iii: was suitable for analysis and that analysis was carried out but, for specified reasons, the results of the analysis are not available; or
c: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain not more than 50 milligrams of alcohol per 100 millilitres of blood; or
d: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain 20 milligrams or more of alcohol per 100 millilitres of blood more or less than the proportion of alcohol per 100 millilitres of blood specified in the certificate referred to in section 40O(5)
6: If a blood specimen is destroyed in accordance with section 40N(7) 1998 No 110 s 79 Section 40S inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40T: Power to stop and board ships
1: An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet with a badge of authority affixed to it, may signal or request the master or an officer of a ship to stop and bring the ship to for boarding as soon as is reasonably practicable if—
a: the enforcement officer has good cause to suspect that a seafarer on board the ship has recently committed an offence against section 40C
b: a safety, security, or environmental incident has occurred involving the use of the ship while the seafarer was performing designated safety, security, or marine environmental duties and the enforcement officer has good cause to suspect that alcohol was a contributing factor.
2: A ship that is stopped by an enforcement officer under subsection (1) must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Part. 1998 No 110 s 114 Section 40T inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40U: Arrest of seafarers for alcohol-related offences
An enforcement officer may arrest a seafarer without warrant if the officer has good cause to suspect that the seafarer has committed an offence against section 40D 40E 1998 No 110 s 120 Section 40U inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40V: Enforcement officer may prevent seafarers from returning to duty
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—
a: a seafarer, because of his or her physical or mental condition (however arising), is incapable of carrying out his or her duties properly; and
b: in all the circumstances, the direction or prohibition or action is necessary in the interests of the seafarer or of any other person or of the public.
2: The enforcement officer may—
a: forbid the seafarer to carry out his or her duties for such period as the enforcement officer specifies:
b: direct the seafarer to a specified place where the seafarer may rest:
c: take any steps that may be necessary to detain the ship or to remove it to a place where it does not constitute a hazard.
3: An enforcement officer may arrest without warrant any person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section. 1998 No 110 s 121 Section 40V inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
40W: Evidential status of certain muster lists, or other official records, from ships
1: For the purposes of this Part, a muster list, or other official record, from a ship, that is certified by the ship's master or operator and that indicates that a seafarer was performing designated safety, security, or marine environmental duties at the time of an alleged offence against section 40C
2: No muster list or other official record referred to in subsection (1) is admissible as evidence in proceedings for an offence against this Part if the court, on application made by the defendant not less than 14 days before the hearing, orders that the master or operator appear as a witness at the hearing. Section 40W inserted 23 October 2013 section 12 Maritime Transport Amendment Act 2013
4B: Drug and alcohol testing by Director
Part 4B inserted 16 December 2017 section 5 Maritime Transport Amendment Act 2017
40X: Health and Safety at Work Act 2015 not limited by this Part
This Part does not limit the Health and Safety at Work Act 2015 Section 40X inserted 16 December 2017 section 5 Maritime Transport Amendment Act 2017
40Y: Interpretation
In this Part, unless the context otherwise requires,— bodily sample
a: biological fluid:
b: biological tissue (whether living or not):
c: breath Director testing section 40Z drug or alcohol test
a: a test of a person’s bodily sample to determine the presence, but not the level, of alcohol or a testable drug (or both) in the sample; or
b: a test of a person’s bodily sample to determine the presence and the level of alcohol or a testable drug (or both) in the sample negative result
a: that alcohol or a testable drug (or both) is not present in the bodily sample; or
b: if the Director, in carrying out Director testing, applies the permissible level of alcohol or a testable drug prescribed by the maritime rules, that alcohol or a testable drug is not present in the body at that specified level; or
c: if the Director, in carrying out Director testing, applies the permissible level of alcohol or a testable drug specified in the operator’s safety system, that alcohol or a testable drug is not present in the body at that specified level operator
a: operates a ship other than a pleasure craft; and
b: holds a maritime document for operating that ship; and
c: is required by maritime rules to establish and follow a management system for the purposes of section 17(4)﻿(a) safety-sensitive activity
a: means an activity that could significantly affect the health or safety of any person on board a ship, including the person performing the activity; and
b: includes an activity prescribed by the maritime rules safety-sensitive worker
a: means an individual who carries out work in any capacity for an operator in a role that involves the worker performing a safety-sensitive activity; and
b: includes the operator, if the operator is an individual safety system testable drug
a: means a drug that could impair a safety-sensitive worker’s performance of a safety-sensitive activity; and
b: includes a drug prescribed by the maritime rules; and
c: may include, for the purposes of section 40Z(4)﻿(a) Section 40Y inserted 16 December 2017 section 5 Maritime Transport Amendment Act 2017
40Z: Director testing
1: The Director may carry out drug or alcohol testing of 1 or more safety-sensitive workers of an operator.
2: Director testing—
a: must be carried out in relation to alcohol and testable drugs; and
b: may be carried out without giving advance notification to the operator or to the workers selected for testing; and
c: may be carried out at any reasonable time and in any reasonable circumstances the Director considers appropriate; and
d: may be carried out only if the worker consents to be tested; and
e: must be carried out by a person who is competent to carry out the testing, including by having any necessary experience or qualifications.
3: Subject to this section, Director testing must be carried out in accordance with the maritime rules.
4: If the operator’s safety system includes a scheme for carrying out drug and alcohol testing of safety-sensitive workers, Director testing may, at the Director’s discretion, be carried out in relation to the testable drugs and the permissible levels of alcohol and testable drugs—
a: specified in the safety system; or
b: prescribed by the maritime rules.
5: When carrying out Director testing, the Director must—
a: carry a document that states—
i: the name and contact details of the person carrying out the test; and
ii: an explanation of the statutory power to carry out the test; and
iii: any other matter prescribed by the maritime rules; and
b: show the document to the worker on first approaching the worker and at any later time on request; and
c: take reasonable steps to establish the identity of a worker who is to be tested; and
d: ask for the worker’s consent before testing the worker; and
e: give the worker a written statement that contains the information and other matters set out in subsection (6).
6: The statement required under subsection (5)﻿(e) must contain the following:
a: the matters set out in the document referred to in subsection (5)﻿(a)
b: the purpose of the test:
c: a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
d: an explanation of the consequences of refusing to consent or of the worker’s test returning a result other than a negative result:
e: advice that the worker will be informed of the result of the test (and approximately when this will happen):
f: advice about the worker’s right to appeal to the District Court under section 424
g: advice about the worker’s right to request a second test under section 40ZA
7: As soon as practicable after the Director becomes aware of the result of a test, the Director must give the test result to the worker tested and the operator.
8: A safety-sensitive worker who has been tested or selected for testing under this section may appeal against the decision to test that worker to the District Court under section 424 Section 40Z inserted 16 December 2017 section 5 Maritime Transport Amendment Act 2017 Section 40Z(6)﻿(a) amended 30 November 2022 section 77 Statutes Amendment Act 2022
40ZA: Worker may request second Director test
1: A worker who has undergone Director testing may, immediately after the test is carried out, ask the Director to carry out a second test for the same substance by the same method.
2: The Director must carry out a second test requested under this section.
3: If a second test is carried out under subsection (2),—
a: that second test and its results replace the first test and its results for the purposes of this Part; but
b: subsections (1) and (2) do not apply so as to require a further test. Section 40ZA inserted 16 December 2017 section 5 Maritime Transport Amendment Act 2017
40ZB: What happens if worker refuses consent or test result is not negative
1: A safety-sensitive worker who has been selected for Director testing may refuse to consent to the testing.
2: If a worker refuses to consent to Director testing or is tested and returns a result other than a negative result, the Director must notify the operator for whom the worker carries out work of that fact as soon as practicable.
3: If the Director notifies the operator under subsection (2), the operator must prohibit the worker from performing safety-sensitive activities until the operator reasonably believes that the worker is able to safely perform those activities.
4: Subsection (3)—
a: applies regardless of any scheme for carrying out drug and alcohol testing of safety-sensitive workers in the operator’s safety system; but
b: does not in any other way limit the operation of that scheme. Section 40ZB inserted 16 December 2017 section 5 Maritime Transport Amendment Act 2017
40ZC: Use of test results in criminal proceedings
Test results obtained from Director testing are not admissible in any criminal proceedings other than the prosecution of an offence against any of the following:
a: this Act:
b: the Health and Safety at Work Act 2015
c: the Hazardous Substances and New Organisms Act 1996 Section 40ZC inserted 16 December 2017 section 5 Maritime Transport Amendment Act 2017
5: Powers and duties of Director of
Maritime New Zealand Part 5 heading amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Powers in relation to maritime documents
41: Issue of maritime documents and recognition of documents
1: After considering any application under section 35
a: all things in respect of which the document is sought or, in the case of an application for recognition of a document as a maritime document, all things to which the document relates, meet any relevant prescribed requirements; and
b: the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document—
i: either hold the relevant prescribed qualifications and experience or hold such qualifications as are acceptable to the Director under subsection (2); and
ii: are fit and proper persons to have such control or hold the document; and
iii: meet all other relevant prescribed requirements; and
c: it is not contrary to the interests of maritime safety for the document to be granted, renewed, or recognised.
2: For the purpose of granting or renewing a maritime document, or recognising a document as a maritime document, the Director may, subject to any provisions in the maritime rules, recognise such qualifications or certifications as he or she considers appropriate in each case.
3: In no case shall the Director recognise foreign qualifications or foreign certificates where—
a: the requirements to gain such qualifications or to obtain such certificates are less than the requirements to gain similar qualifications or to obtain similar certificates in New Zealand; and
b: the Director believes that to recognise such qualifications or certificates might pose a risk or danger to the safety of any person, to property, or to the marine environment.
4: Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either—
a: issue an equivalent maritime document under this section; or
b: notify in writing such recognition.
5: It shall be a condition of every current maritime document issued or recognised by the Director that the holder shall continue to satisfy the fit and proper person criteria specified in subsection (1)﻿(b)﻿(ii).
6: Where the Director declines to grant an application under section 35 the District Court section 424
7: Nothing in this section applies in respect of any ship, crew, or maritime product in respect of which section 42 1990 No 98 s 9 1992 No 75 s 6 Section 41(6) amended 1 March 2017 section 261 District Court Act 2016
42: Acceptance of convention documents
1: Subject to subsection (2), the Director shall accept every valid licence, permit, certificate, or other document issued or approved by a State, other than New Zealand, under a convention to which that State and New Zealand are both parties; and, for the purposes of this Act, such documents shall be deemed to be maritime documents.
2: The Director shall not accept, or shall suspend acceptance of, any documents referred to in subsection (1) where he or she has clear grounds for believing that—
a: the condition of the ship or maritime product does not correspond substantially with the particulars of any document relating to the ship or maritime product; or
b: the condition of the ship or maritime product has not been maintained in accordance with the provisions of any requirements leading to the issue of that document; or
c: the ship is not in all respects fit to proceed to sea without danger to the ship or the persons on board or without presenting an unreasonable threat of harm to the marine environment; or
d: the ship or maritime product has been materially altered without the sanction of the State that issued or approved the document; or
e: the document has been fraudulently obtained or the holder of the document is not the person to whom the document was originally issued.
3: Sections 35 41 43 to 51 68 69 73 to 78 406(b)
4: This section applies in respect of—
a: every ship, other than a New Zealand ship, registered in a country that is a party to any convention to which New Zealand is also a party:
b: the crew of every ship referred to in paragraph (a):
c: the maritime products of every ship referred to in paragraph (a).
43: Suspension of maritime documents or imposition of conditions
1: The Director may from time to time—
a: suspend any maritime document issued by the Director under this Act or under any maritime rules, or impose conditions in respect of any such maritime document; or
b: suspend the Director’s recognition as a maritime document of any document issued by another person or any organisation, or impose conditions in respect of such recognition,— if he or she considers such action necessary in the interests of maritime safety, and if he or she—
c: is satisfied that the holder has failed to comply with any conditions of the relevant maritime document or with the requirements of section 17
d: is satisfied the holder has contravened or failed to comply with section 406
e: is satisfied such action is necessary to ensure compliance with any provisions of Parts 1 to 15
f: considers that the privileges or duties for which the document has been granted, or the relevant document has been recognised as a maritime document, are being carried out by the holder in a careless or incompetent manner.
2: Without limiting the general provisions of subsection (1), the Director may suspend any maritime document, or the recognition of any document as a maritime document, relating to the use of any ship, or maritime product, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the seaworthiness of the ship or as to the quality or safety of the maritime product to which the document relates.
3: A suspension, or imposition of conditions, under subsection (1) or (2) remains in force until the earliest of the following:
a: the Director makes an adverse decision under section 51
b: in the case of the imposition of conditions, the conditions no longer apply:
c: in the case of the absence of conditions, the close of the 14th day after the date of the suspension.
4: On the grounds set out in subsection (1), the Director may,—
a: despite subsection (3)﻿(b) and before the period for a condition expires,—
i: impose, vary, or lift the condition; or
ii: extend the period during which the condition applies for a further specified period:
b: despite subsection (3)﻿(c) and before the 14-day period expires, extend the period of the suspension for a further specified period.
5: When a maritime document or recognition of a document as a maritime document is suspended or a maritime document is made subject to conditions under this section, the holder of the document or recognition must immediately produce the maritime document or the document of recognition to the Director, and—
a: the Director must endorse the document to indicate the action taken under this section; and
b: the Director may retain a document while it is suspended.
5A: If notice of a proposed revocation of a maritime document or recognition of a document as a maritime document is given in accordance with section 51 section 44
6: The whole or any part of a maritime document, or the recognition of the whole or any part of a document recognised as a maritime document, may be suspended under this section.
7: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 17 1992 No 75 s 11 Section 43(3) replaced 23 October 2013 section 13 Maritime Transport Amendment Act 2013 Section 43(4) replaced 23 October 2013 section 13 Maritime Transport Amendment Act 2013 Section 43(5) substituted 9 June 1999 section 5 Maritime Transport Amendment Act 1999 Section 43(5A) inserted 9 June 1999 section 5 Maritime Transport Amendment Act 1999 Section 43(7) amended 1 March 2017 section 261 District Court Act 2016
44: Revocation of maritime documents
1: If, at any time after an investigation carried out to decide whether any action should be taken under section 43
2: Where the Director proposes to revoke a maritime document or the recognition of a document as a maritime document, the Director shall give notice in accordance with section 51
3: Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.
4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 18 1992 No 75 s 12 Section 44(1) amended 9 June 1999 section 6 Maritime Transport Amendment Act 1999 Section 44(4) amended 1 March 2017 section 261 District Court Act 2016
45: Amendment or revocation in other cases
1: The Director may,—
a: if so requested in writing by the holder of any maritime document issued by the Director, amend or revoke the document as requested:
b: amend any maritime document issued by the Director to correct any clerical error or obvious mistake on the face of the document.
2: Subject to subsection (3), the Director may do any of the following:
a: amend any maritime document issued by the Director to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:
b: revoke any maritime document issued by the Director, or revoke the recognition of any document as a maritime document, if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder.
3: Before taking any action under subsection (2), the Director shall notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.
4: The power to amend a maritime document under this section includes—
a: power to revoke the document and issue a new document in its place; and
b: power to impose reasonable conditions.
5: When the holder of a maritime document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director. 1990 No 98 s 20
46: Suspension or revocation of maritime document where prescribed fees or charges unpaid
1: Where any fee or charge payable under this Act or any regulations made under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the maritime document, or suspend recognition of the document as a maritime document, to which the unpaid fee or charge relates.
2: Where any fee or charge payable under this Act or any regulations made under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the maritime document, or revoke recognition of the document as a maritime document, to which the fee or charge relates.
3: Before undertaking any action under subsection (1) or subsection (2), the Director shall notify the holder of that document of—
a: the Director’s intention to act under subsection (1) or subsection (2); and
b: the right of appeal available to the holder of that document in the event of the Director taking such action.
4: Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.
5: Where a fee or charge is payable to the Authority or the Director in respect of an application or the provision of a service, the Authority or the Director, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.
6: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 41 1992 No 75 s 22 Section 46(6) amended 1 March 2017 section 261 District Court Act 2016
47: Exemption
Section 47 repealed 1 April 2021 section 34 Regulatory Systems (Transport) Amendment Act 2021
48: Powers of Director in relation to examinations, etc
For the purposes of granting or renewing maritime documents in respect of personnel under this Act, the Director may set, conduct, and administer examinations and tests, and carry out such other functions in relation to such examinations and tests as may be necessary. 1990 No 98 s 72K 1992 No 75 s 31
49: Criteria for action under section 43 or section 44
1: The provisions of this section shall apply for the purpose of determining whether a maritime document, or recognition of a document as a maritime document, should be suspended or made subject to conditions under section 43 section 44
2: Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:
a: the person’s compliance history with transport safety regulatory requirements:
b: any conviction for any transport safety offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
c: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule made under this Act.
3: The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.
4: The Director may—
a: seek and receive such information as the Director thinks fit; or
b: consider information obtained from any source.
5: If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.
6: Nothing in subsection (5) shall require the Director to—
a: disclose any information the disclosure of which would be likely to endanger the safety of any person; or
b: disclose any information before—
i: suspending a maritime document or suspending the recognition of a document as a maritime document; or
ii: imposing conditions in respect of a maritime document under section 43
7: If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Director must inform the individual that he or she may, under the Privacy Act 2020
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)﻿(a)﻿(i)
b: in any other case,—
i: the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) 1990 No 98 s 19 Section 49(7) substituted 15 December 2005 section 5 Maritime Transport Amendment Act (No 2) 2005 Section 49(7)﻿(a)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 49(7)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
50: Criteria for fit and proper person
1: For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, or under the maritime rules, the Director shall, having regard to the degree and nature of the person’s proposed involvement in maritime activities, have regard to, and give such weight as the Director considers appropriate to, the following matters:
a: the person’s compliance history with transport safety regulatory requirements:
b: the person’s related experience (if any) within the transport industry:
c: the person’s knowledge of the applicable maritime regulatory requirements:
d: any history of physical or mental health problems or serious behavioural problems:
e: any conviction for any transport safety offence or for any offence relating to controlled drugs (as defined in the Misuse of Drugs Act 1975 Medicines Act 1981
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
f: any conviction for any offence involving violence, or causing danger to any person, or criminal damage, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
g: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule.
2: The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.
3: The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,—
a: seek and receive such information (including medical reports) as the Director thinks fit; and
b: consider information obtained from any source.
4: Subsection (1) applies to a body corporate with the following modifications:
a: paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:
b: paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.
5: If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), disclose that information to that person and, in accordance with section 51
6: Nothing in subsection (5) shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.
7: If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Director must inform the individual that he or she may, under the Privacy Act 2020
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)﻿(a)﻿(i)
b: in any other case,—
i: the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) 1990 No 98 s 10 Section 50(7) substituted 15 December 2005 section 6 Maritime Transport Amendment Act (No 2) 2005 Section 50(7)﻿(a)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 50(7)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
51: Notice to persons affected by proposed adverse decisions
1: In this section, unless the context otherwise requires,— adverse decision affected document holder person directly affected section 424 person on the basis of whose character the adverse decision arises section 50
2: Where the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, shall—
a: notify the person directly affected by the proposed decision of the proposed decision; and
b: subject to subsection (4), inform that person of the grounds for the proposed decision; and
c: specify a date by which submissions may be made to the Director in respect of the proposed decision, which date shall not be less than 21 days after the date on which the notice is given; and
d: where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and
e: notify the person of the person’s right of appeal under section 424
f: specify such other matters as in any particular case may be required by any provision of this or any other Act.
3: Where the Director gives a notice under subsection (2), the Director—
a: shall also supply a copy of the notice to—
i: any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and
ii: any affected document holder, where the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and
b: may supply a copy of the notice to any other affected document holder.
4: No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 50(1)
a: the notice or copy is supplied to the person to whom the information relates; or
b: that person consents to the supply of that information to any other person.
5: Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:
a: it shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)﻿(c), or within such further period as the Director may allow:
b: the Director may consider any information supplied by that person after the expiry of the period referred to in paragraph (a), other than information requested by the Director and supplied by that person within such reasonable time as the Director may specify:
c: the Director shall consider any submissions made in accordance with paragraph (a), other than information requested by the Director and supplied pursuant to a request referred to in paragraph (b).
6: After considering the matters referred to in subsection (5), the Director shall—
a: finally determine whether or not to make the proposed adverse decision; and
b: as soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)﻿(a), of—
i: the Director’s decision and the grounds for the decision; and
ii: the date on which the decision will take effect; and
iii: in the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 41(6) section 43(7) section 44(4) 1990 No 98 s 11 1992 No 75 s 8 Suspension of persons from work Heading replaced 23 October 2013 section 15 Maritime Transport Amendment Act 2013
52: Suspension from
work
1: The Director may suspend from work
a: the Director considers such action necessary in the interests of maritime safety; and
b: either—
i: the person is convicted for any offence relating to—
A: controlled drugs (as defined in the Misuse of Drugs Act 1975 Medicines Act 1981
B: violence, or causing danger to any person, or criminal damage,— whether or not the conviction was in a New Zealand court or the offence was committed before the commencement of this Act; or
ii: the person has been dismissed from employment, which dismissal is related to violence, alcohol, or the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975 Medicines Act 1981
2: If the Director suspends any person under subsection (1), the suspension remains in force until the earlier of—
a: the close of the 14th day after the date of the imposition of the suspension; and
b: the date the Director notifies the person in accordance with subsection (2A) or section 51(2)
2A: Before the expiry of the 14-day period referred to in subsection (2), the Director may—
a: lift the suspension, with or without conditions, or extend the period of the suspension by a specified further period:
b: allow the person to return to work, subject to any conditions imposed by the Director, during the suspension or specified further period of suspension.
2B: If the Director proposes to suspend a person, the Director must give the person notice under section 51
3: The Director may suspend a person under this section for any period the Director thinks fit and may impose such conditions on that person's return to work
4: The Director shall maintain a list of persons suspended under this section, and employers of seafarers or potential employers of seafarers may ask the Director to ascertain whether a particular person is a suspended person and the Director shall advise that employer or potential employer accordingly.
5: A person who is the subject of a decision under this section may appeal the decision to the District Court under section 424 Section 52 heading amended 23 October 2013 section 16(1) Maritime Transport Amendment Act 2013 Section 52(1) amended 23 October 2013 section 16(2) Maritime Transport Amendment Act 2013 Section 52(2) replaced 23 October 2013 section 16(3) Maritime Transport Amendment Act 2013 Section 52(2A) inserted 23 October 2013 section 16(3) Maritime Transport Amendment Act 2013 Section 52(2B) replaced 14 November 2018 section 154(1) Tribunals Powers and Procedures Legislation Act 2018 Section 52(3) amended 23 October 2013 section 16(4) Maritime Transport Amendment Act 2013 Section 52(5) replaced 14 November 2018 section 154(2) Tribunals Powers and Procedures Legislation Act 2018
53: Suspended persons not to
work or
1: No person shall employ or engage section 198 section 52
2: No person who has been suspended under section 52 work or section 198
3: Every person commits an offence who, without reasonable excuse, contravenes this section.
4: Every person who commits an offence against subsection (3) is liable on conviction
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $50,000. Section 53 heading amended 23 October 2013 section 17(1) Maritime Transport Amendment Act 2013 Section 53(1) amended 23 October 2013 section 17(2) Maritime Transport Amendment Act 2013 Section 53(2) amended 23 October 2013 section 17(3) Maritime Transport Amendment Act 2013 Section 53(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Inspection , investigation Heading amended 23 October 2013 section 18 Maritime Transport Amendment Act 2013
54: Inspections and audits
1: The Director may in writing require any person who—
a: holds a maritime document; or
b: operates, maintains, or services, or does any other act in respect of any ship or maritime product,— to undergo or carry out such inspections and such audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers or for the purposes of any provision of any of Parts 1 to 15
2: The Director may, in respect of any person described in subsection (1), carry out such inspections and audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers.
3: For the purposes of any inspection or audit carried out in respect of any person under subsection (2), the Director may, in writing,—
a: require from that person such information as the Director considers relevant to the inspection or audit:
b: require that person to demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the safe operation of the ship:
c: require that person to demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a maritime product is capable of being carried out in a competent manner. 1990 No 98 s 15 1992 No 75 s 10
54A: Power of Director to investigate holder of maritime document
1: The Director may, in writing, require any holder of a maritime document to undergo an investigation if the Director—
a: has reasonable grounds to believe that an investigation is necessary in the interests of maritime safety; and
b: either—
i: believes that the maritime document holder has failed to comply with any conditions of a maritime document; or
ii: considers that the privileges or duties for which the maritime document has been granted are being carried out by the maritime document holder in a careless or incompetent manner.
2: If the Director requires a maritime document holder to undergo an investigation under subsection (1), the Director must—
a: conclude the investigation as soon as practicable; and
b: inform the maritime document holder, in writing, of—
i: the date on which the investigation will begin; and
ii: the results of the investigation, including—
A: any recommendations arising out of the investigation; and
B: the grounds for those recommendations. 1990 No 98 s 15A Section 54A inserted 23 October 2013 section 19 Maritime Transport Amendment Act 2013
55: Detention, etc, of ships and maritime products
1: The Director may from time to time do all or any of the following:
a: detain any ship or any ship of a particular class:
b: seize any maritime product or any maritime product of a particular class:
c: prohibit or impose conditions on the use or operation of any ship or any ship of a particular class, or the use of any maritime product or any maritime product of a particular class:
d: impose conditions on the release from detention or seizure of the ship or maritime product.
2: The powers under subsection (1) may be exercised where the Director believes on clear grounds that—
a: the operation or use of any ship or maritime product or class of ship or maritime product, as the case may be, endangers or is likely to endanger any person or property, or is hazardous to the health or safety of any person; or
b: the appropriate prescribed maritime document is not for the time being in force in respect of the ship, or the master or any member of the crew of that ship, or the maritime product, as the case may be; or
c: any maritime document required by maritime rules in respect of the ship or maritime product, as the case may be, has expired; or
d: the conditions under which a maritime document in respect of a ship or maritime product was issued or recognised, or the requirements of that document, are not being met; or
e: the watchkeeping requirements specified for a ship by the State in which the ship is registered are not being met; or
f: the conditions imposed under paragraph (c) or paragraph (d) of that subsection are not being met.
3: The powers under subsection (1) may also be exercised where the Director is satisfied, on clear grounds, that the master is not, or crew are not, familiar with essential shipboard procedures for the safe operation of the ship.
4: Nothing in this section shall permit the Director to detain a ship where that detention would constitute a breach of any convention.
5: Any detention or seizure under subsection (1) shall be maintained for only such time as is necessary in the interests of maritime safety or the health or safety of any person; but, if ships, maritime products, or parts thereof are required for the purpose of evidence in any prosecution under this Act, those ships, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.
6: The Director shall, if requested by the owner or the person for the time being in charge of a ship detained or a maritime product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.
7: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424
8: For the purpose of subsection (1), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.
9: Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition notified under this section.
10: Every person who commits an offence against subsection (9) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000. 1990 No 98 s 21 Section 55(7) amended 1 March 2017 section 261 District Court Act 2016 Section 55(10) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56: Costs of detention, etc
1: Where the Director acts under section 55 section 462
2: Where the Director acts under section 55
3: The Authority is liable to pay to the owner of a ship or a maritime product compensation for any loss resulting from the Director unduly detaining the ship or maintaining the seizure of a maritime product.
4: The Authority is liable to pay to the owner of a ship or maritime product compensation for any loss resulting from the Director unduly delaying the ship or the use of the maritime product.
5: Where the Director has taken action under section 55 1952 No 49 s 306 1987 No 184 s 14 Investigation of accidents, incidents, and mishaps
57: Investigation of accidents, incidents, and mishaps by Director
1: Where an accident, incident, or mishap occurs that is required to be notified to the Authority under section 31
2: When an accident, incident, or mishap is under investigation by the Director, the Director shall be in charge of that investigation.
3: The Director shall permit the participation or representation of foreign States in any investigation in which they have an interest.
4: Except with the consent of the Director, which consent shall not be unreasonably withheld, no person (other than the New Zealand Police) shall—
a: participate in any investigation if the Director is in charge of the investigation; or
b: undertake any independent investigation at the site of any accident, incident, or mishap that the Director is in charge of investigating; or
c: examine or cause to be examined any material removed from the site of any accident, incident, or mishap that the Director is in charge of investigating.
5: Where the Director refuses consent under subsection (4), he or she shall give the applicant a statement in writing of the reasons for his or her refusal.
6: Where an accident, incident, or mishap is being investigated by—
a: the Director; and
b: any 1 or more of the following, namely,—
i: the Transport Accident Investigation Commission:
ii: the New Zealand Defence Force:
iii: a visiting force:
iv: the regulator, an inspector, or any other person under the Health and Safety at Work Act 2015 the Director and the other persons investigating the accident, incident, or mishap shall take all reasonable measures to ensure that the investigations are co-ordinated.
7: This section is subject to section 14 1990 No 99 s 14 Section 57(6)﻿(b)﻿(iv) replaced 4 April 2016 section 232 Health and Safety at Work Act 2015
58: Powers of investigation of Director
1: For the purposes of investigating under section 57
a: make inquiries from any person who he or she has reason to believe is in possession of information that may lead to discovery of the cause of the accident, incident, or mishap:
b: issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any documents or things in that person’s possession or under that person’s control that are relevant to the subject of the investigation:
c: take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances:
d: require a person to reproduce, or to allow the Director (or authorised person) to reproduce, in usable form any information recorded or stored on a document electronically or by other means.
2: A person who is required by the Director (or an authorised person) to do anything under subsection (1) has the same privileges and immunities as a person giving evidence before a commission of inquiry has under section 6
3: A summons under this section may be served in the same manner as a summons served under section 5
4: For the purposes of this section, document
a: any writing on or in any material; and
b: information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and
c: a record, book, graph, or drawing; and
d: a photograph, film, negative, tape, disk, or other device in which 1 or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced.
5: A person who fails without reasonable cause to comply with a requirement made under subsection (1) commits an offence and is liable on conviction Section 58 substituted 9 June 1999 section 7 Maritime Transport Amendment Act 1999 Section 58(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
59: Additional powers of investigation
Without limiting the powers conferred by section 58
a: where the Director believes on reasonable grounds that it is necessary to preserve or record evidence, or to prevent the tampering with or alteration, mutilation, or destruction of any ship, place, maritime product, or any other thing involved in any manner in an accident, incident, or mishap, to prohibit or restrict access of persons or classes of persons to the site of any accident, incident, or mishap:
b: to seize, detain, remove, preserve, protect, or test any ship, maritime product, or any thing that the Director believes on reasonable grounds will assist in establishing the cause of an accident, incident, or mishap.
60: Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission
1: As soon as practicable after any accident or incident is notified to the Authority under section 31
a: an accident or incident involving—
i: a New Zealand commercial ship; or
ii: a foreign commercial ship that was in New Zealand waters at the time of the accident or incident:
b: an accident involving a New Zealand ship where a person is seriously harmed:
c: an incident involving more than 1 ship, where at least 1 ship is a commercial ship and, in the opinion of the Authority, it is likely that the occurrence would have, or will, become an accident:
d: an accident at the interface of the civil and military maritime systems.
2: Where the Authority has been notified of a search and rescue operation under section 31(4) 1990 No 98 s 27 Powers and provisions relating to pilots Heading inserted 9 June 1999 section 8 Maritime Transport Amendment Act 1999
60A: Master to ensure rules relating to pilotage are complied with
1: The master of a ship must ensure that a pilot is taken on board the ship in accordance with and whenever required by maritime rules.
2: Despite anything in maritime rules, the Director may direct that a pilot be taken on board a ship in New Zealand waters if the Director is satisfied that, in the circumstances (such as the weather conditions, damage to the ship, or incapacity of the master), the interests of navigation safety or marine environmental protection require that a pilot be taken on board.
3: A direction under subsection (2) must, whenever practicable, be in writing and must be given to the owner or master of the ship to which it applies.
4: Once a direction is given under subsection (2), the ship may not proceed from or enter a port in New Zealand without a pilot on board if to do so is contrary to that direction or to a provision of the maritime rules. Section 60A inserted 9 June 1999 section 8 Maritime Transport Amendment Act 1999
60B: Limitation of liability where pilot engaged
1: A port company, or other body corporate or person, who provides a pilot is not liable for any neglect or want of skill of the pilot.
2: The owner or master of a ship navigating under circumstances in which pilotage is required is answerable for any loss or damage caused by the ship or by any fault of the navigation of the ship in the same manner and to the same extent as that person would be if pilotage were not required.
3: A pilot is not liable for neglect or want of skill when acting as a pilot,—
a: on board a ship being provided with pilotage; or
b: in accordance with the maritime rules, on land or on board another ship. Section 60B inserted 9 June 1999 section 8 Maritime Transport Amendment Act 1999 Section 60B(3) replaced 16 December 2017 section 34 Maritime Transport Amendment Act 2017
6: Offences in relation to maritime activity
Offences against health and safety on ships Heading repealed 5 May 2003 section 35(1)﻿(d) Health and Safety in Employment Amendment Act 2002
61: Offences likely to cause serious harm
Section 61 repealed 5 May 2003 section 35(1)﻿(d) Health and Safety in Employment Amendment Act 2002
62: Other offences
Section 62 repealed 5 May 2003 section 35(1)﻿(d) Health and Safety in Employment Amendment Act 2002
63: Actions taken to prevent harm
Section 63 repealed 5 May 2003 section 35(1)﻿(d) Health and Safety in Employment Amendment Act 2002 Safety offences
64: Unnecessary danger caused by holder of maritime document
1: Every holder of a maritime document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act, or causes or permits any act or omission, if the act or omission causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in any case, to an additional penalty under section 409 1990 No 98 s 43 Section 64(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
65: Dangerous activity involving ships or maritime products
1: Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— any ship or maritime product in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.
2: Every person commits an offence who—
a: causes or permits any ship or maritime product to be operated, maintained, or serviced; or
b: causes or permits any other act to be done in respect of any ship or maritime product,— in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.
3: Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in any case, to an additional penalty under section 409 1990 No 98 s 44 Section 65(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
65A: Proceeding without pilot contrary to maritime rules or direction given under section 60A
1: If a ship proceeds without a pilot in contravention of section 60A on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in any case, to an additional penalty under section 409
2: Despite section 451(5) section 60A(1) Section 65A inserted 9 June 1999 section 9 Maritime Transport Amendment Act 1999 Section 65A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
66: Effect of breach of maritime rule
1: Where any person is charged with any offence against section 64 section 65
2: Nothing in this section shall be construed so as to require the proof of a breach of a maritime rule as an element of any offence described in section 64 section 65
67: Communicating false information affecting safety
1: Every person commits an offence who by any means provides to another person information relating to the safety of a ship, maritime product, or any other facility or product used in or connected with maritime activities, or any person associated therewith, knowing the information to be false or in a manner reckless as to whether it is false.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
3: Where the commission of an offence against subsection (1) causes financial loss to any person and the court imposes a fine under subsection (2) in respect of that offence, the court may order that such part of the fine as it thinks fit, but in any event not more than one-half of the fine, be awarded to that person. 1990 No 98 s 56 Section 67(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
67A: Offence for submerged load lines
1: Every person commits an offence who allows a ship's load lines to be submerged—
a: when the ship proceeds to sea; or
b: during a voyage; or
c: on the ship's arrival into port.
2: A ship's load lines are submerged
a: the ship is in salt water and has no list and the appropriate load line on each side of the ship, as prescribed by the maritime rules, is submerged:
b: the appropriate load line on each side of the ship, as prescribed by maritime rules, would be submerged if the ship were in salt water and had no list.
3: Every person who commits an offence against subsection (1) is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409 Section 67A inserted 23 October 2013 section 20 Maritime Transport Amendment Act 2013
67B: Other offences
1: Subject to an exemption given under section 40AA
a: operates a ship without the prescribed number of seafarers or qualified personnel:
b: operates a ship outside its prescribed operating limits:
c: knowingly breaches any requirement specified in this Act or in regulations or rules made under this Act for the carriage of dangerous goods.
2: Every person who commits an offence against subsection (1)﻿(a), (b), or (c) is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409 Section 67B inserted 23 October 2013 section 20 Maritime Transport Amendment Act 2013 Section 67B(1) amended 1 April 2021 section 35 Regulatory Systems (Transport) Amendment Act 2021 Offences in relation to maritime document
68: Acting without necessary maritime document
1: Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— any ship or maritime product, without holding the appropriate current maritime document.
2: Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— any ship or maritime product knowing that a current maritime document is required to be held in respect of that ship or product before that act may lawfully be done and knowing that the appropriate document is not held.
3: Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in any case, to an additional penalty under section 409
4: For the purposes of this section,—
a: a maritime document is not a current maritime document if it is for the time being suspended under this Act:
b: a maritime document is not a current maritime document in relation to an act if the endorsement that is required to authorise that act is for the time being suspended under this Act. 1990 No 98 s 46 Section 68(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 68(4) added 9 June 1999 section 10 Maritime Transport Amendment Act 1999
69: Applying for maritime document while disqualified
1: Every person commits an offence who applies for or obtains a maritime document while disqualified by an order of a court from obtaining such a document and any such document so obtained shall be of no effect.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $20,000;— and the court may order the person to be disqualified from holding or obtaining a maritime document for such period not exceeding 12 months as the court thinks fit. 1990 No 98 s 48 Section 69(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
69A: Acting in breach of maritime documents
1: Every person who operates, maintains, or services a ship, or does any other act in respect of a ship commits an offence if the provisions and conditions of the appropriate maritime document are not complied with.
2: Every person who commits an offence against subsection (1) is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409 Section 69A inserted 23 October 2013 section 21 Maritime Transport Amendment Act 2013
69B: Knowingly employing seafarers without maritime documents
1: Every person commits an offence who knowingly employs a seafarer who does not hold the appropriate maritime document.
2: Every person who commits an offence against subsection (1) is liable,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in either case, to an additional penalty under section 409 Section 69B inserted 23 October 2013 section 21 Maritime Transport Amendment Act 2013 Other offences
70: Failure to comply with inspection or audit request
1: Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under subsection (1) or subsection (3) of section 54
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:
b: in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:
c: in any case, to an additional penalty under section 409 1990 No 98 s 44A 1992 No 75 s 23 Section 70(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
71: Failure to comply with Part 3
1: Every person commits an offence who, without reasonable excuse, contravenes or fails to comply with any provision of any of sections 20 21 22 23 25 30 31
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
3: Every person commits an offence and is liable on conviction section 26 Section 71(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 71(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Penalties Heading repealed 5 May 2003 section 35(1)﻿(e) Health and Safety in Employment Amendment Act 2002
72: Failure to comply with sections 7 to 10
Section 72 repealed 5 May 2003 section 35(1)﻿(e) Health and Safety in Employment Amendment Act 2002 Disqualification
73: Court may disqualify holder of maritime document or impose conditions on holding of document
1: In addition to any penalty a court may impose under section 64 section 65 section 70
a: disqualify the person convicted from holding or obtaining a maritime document, or a particular maritime document, issued by the Director:
b: impose on any maritime document held by or issued to the person convicted such restrictions or conditions or both as the court, having regard to the circumstances of the offence, thinks fit,— for such period not exceeding 12 months as the court thinks fit.
2: Nothing in subsection (1) shall affect or prevent the exercise by the Director of his or her powers under Part 5 1990 No 98 s 45
74: Effect of disqualification
1: Where the holder of a maritime document is disqualified by an order of a court from holding or obtaining a maritime document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect.
2: Where the holder of a maritime document is disqualified by an order of a court from holding or obtaining such a document, and the disqualification will expire before the expiration of the term of the document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director may from time to time specify. 1990 No 98 s 59
75: Commencement of period of disqualification
Where an order is made by a court disqualifying any person for a period from holding or obtaining a maritime document, the period of disqualification shall commence on the date of the making of the order unless the court making the order directs that the period of disqualification shall commence on a later date. 1990 No 98 s 60
76: Retention and custody of documents
1: Where, by an order of a court, the holder of a maritime document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to—
a: the court where the order was made; or
b: the Authority.
2: Where a maritime document is so surrendered, it shall forthwith be forwarded to the Director who shall endorse the terms of the disqualification on the document and retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.
3: If the person entitled to the document is a person to whom section 74(2) 1990 No 98 s 61
77: Removal of disqualification
1: Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining a maritime document, or is disqualified from being recognised as the holder of a maritime document, may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court by which that order was made to remove the disqualification.
2: On an application under this section, the court may, having regard to the character of the applicant and the applicant’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application.
3: In the case of a disqualification ordered by the District Court
4: Notice of every application under this section shall be served on the Director who shall have a right to appear and be heard in respect of the matter. 1990 No 98 s 62 Section 77(3) amended 1 March 2017 section 261 District Court Act 2016
78: Particulars of disqualification orders, etc, to be sent to Director
Where a court makes an order under section 73 section 77 1990 No 98 s 63
79: Appeals
1: For the purposes of Part 6 Criminal Procedure Act 2011 the District Court
2: Any person whose application under section 77 Part 6
3: Any person whose application under section 77 Part 6
4: Where application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal.
5: Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director who shall have a right to appear and be heard in respect of the matter.
6: In determining the expiration of the period for which a person is disqualified from holding or obtaining a maritime document, any time during which the operation of the relevant order is deferred under this section shall be disregarded. 1990 No 98 s 64 Section 79(1) amended 1 March 2017 section 261 District Court Act 2016 Section 79(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 79(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 79(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Further provisions relating to offences Heading repealed 5 May 2003 section 35(1)﻿(f) Health and Safety in Employment Amendment Act 2002
80: Amendment of indictment or information
Section 80 repealed 5 May 2003 section 35(1)﻿(f) Health and Safety in Employment Amendment Act 2002
81: Strict liability and defences
Section 81 repealed 5 May 2003 section 35(1)﻿(f) Health and Safety in Employment Amendment Act 2002 Maritime Appeal Authority Heading repealed 14 November 2018 section 155 Tribunals Powers and Procedures Legislation Act 2018
82: Continuation of Maritime Appeal Authority
Section 82 repealed 14 November 2018 section 155 Tribunals Powers and Procedures Legislation Act 2018
82A: Maritime Appeal Authority disestablished
1: The Maritime Appeal Authority is disestablished.
2: No compensation is payable to a person who ceases to hold office as a result of the Maritime Appeal Authority being disestablished. Section 82A inserted 14 November 2018 section 156 Tribunals Powers and Procedures Legislation Act 2018
7: Limitation of liability for maritime claims
Part 7 heading replaced 23 October 2013 section 22 Maritime Transport Amendment Act 2013
83: Application of this Part
This Part applies to every ship (whether registered or not and whether a New Zealand ship or not) in any circumstances in which the High Court has jurisdiction under section 4 1952 No 49 s 458 1987 No 184 s 22(1)
84: Interpretation
1: In this Part,— LLMC Convention Schedule 8 LLMC Protocol Schedule 9
2: In the LLMC Convention and LLMC Protocol, ship seagoing ship
a: means every description of vessel (including barges, lighters, and like vessels) used or intended to be used in navigation, however propelled; and
b: includes any structure (whether completed or not) launched and intended for use as a ship or part of a ship; and
c: includes any ship used by or set aside for the New Zealand Defence Force. Section 84 replaced 23 October 2013 section 23 Maritime Transport Amendment Act 2013
84A: LLMC Convention as amended by LLMC Protocol to have force of law
The provisions of the LLMC Convention as amended by the LLMC Protocol have the force of law in New Zealand. Section 84A inserted 23 October 2013 section 24 Maritime Transport Amendment Act 2013
85: Persons entitled to limitation of liability under this Part
Section 85 repealed 23 October 2013 section 25 Maritime Transport Amendment Act 2013
86: Claims subject to limitation of liability
1:
2:
3: The limitation of liability under the LLMC Convention (as amended by the LLMC Protocol)
a:
b:
c: applies in respect of each distinct occasion, without regard to any liability arising on any other distinct occasion; and
d: applies, subject to subsection (4), whether the liability arises at common law or under any other enactment, and notwithstanding anything in any other enactment.
4: This Part and Articles 2, 3, and 9 of the LLMC Convention do not limit or affect—
a: section 33J 33K 110
b: anything in the Accident Compensation Act 2001 Parts 18 to 26A subpart 1 1952 No 49 s 461 1987 No 184 s 22(1) Section 86(1) repealed 23 October 2013 section 26(1) Maritime Transport Amendment Act 2013 Section 86(2) repealed 23 October 2013 section 26(1) Maritime Transport Amendment Act 2013 Section 86(3) amended 15 June 2018 section 7 Maritime Transport Amendment Act 2017 Section 86(3) amended 23 October 2013 section 26(2) Maritime Transport Amendment Act 2013 Section 86(3)﻿(a) repealed 23 October 2013 section 26(3) Maritime Transport Amendment Act 2013 Section 86(3)﻿(b) repealed 23 October 2013 section 26(3) Maritime Transport Amendment Act 2013 Section 86(4) replaced 23 October 2013 section 26(4) Maritime Transport Amendment Act 2013 Section 86(4)﻿(b) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
87: Calculation of limits of liability
1:
2:
3:
4:
5: For the purposes of Articles 6 and 7 of the LLMC Convention (as amended by the LLMC Protocol)
a:
b:
c: where the gross tonnage of a ship is unable to be ascertained,—
i: the Director, on receiving from or by the direction of the court hearing the case in which the tonnage of the ship is in question such evidence of the dimensions of the ship as is available, shall estimate what the gross tonnage of the ship would have been if the ship had been duly measured in accordance with the relevant tonnage measurement rules, and give a certificate of the tonnage as estimated by the Director; and
ii: the tonnage so estimated shall be taken to be the gross tonnage of the ship.
d: 1952 No 49 s 462 1987 No 184 s 22(1) Section 87(1) repealed 23 October 2013 section 27(1) Maritime Transport Amendment Act 2013 Section 87(2) repealed 23 October 2013 section 27(1) Maritime Transport Amendment Act 2013 Section 87(3) repealed 23 October 2013 section 27(1) Maritime Transport Amendment Act 2013 Section 87(4) repealed 23 October 2013 section 27(1) Maritime Transport Amendment Act 2013 Section 87(5) amended 15 June 2018 section 8 Maritime Transport Amendment Act 2017 Section 87(5) amended 23 October 2013 section 27(2) Maritime Transport Amendment Act 2013 Section 87(5)﻿(a) repealed 23 October 2013 section 27(1) Maritime Transport Amendment Act 2013 Section 87(5)﻿(b) repealed 23 October 2013 section 27(1) Maritime Transport Amendment Act 2013 Section 87(5)﻿(d) repealed 23 October 2013 section 27(1) Maritime Transport Amendment Act 2013
87A: Governor-General may notify amended limits
1: If the limits of liability specified in Article 6, 7, or 8 of the LLMC Convention (as amended by the LLMC Protocol) are amended in accordance with Article 8 of the LLMC Protocol, the Governor-General, may, by Order in Council, notify—
a: the new limits; and
b: the date from which those limits take effect in accordance with Article 8 of the LLMC Protocol.
2: The limits notified in accordance with subsection (1), may, in the absence of proof to the contrary, be taken in any proceedings to be the current limits.
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 87A inserted 23 October 2013 section 28 Maritime Transport Amendment Act 2013 Section 87A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
88: Units of account
1:
2: For the purposes of paragraph 1 of Article 8 of the LLMC Convention (as amended by the LLMC Protocol)
a: that a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or
b: that no sum has been fixed for that date, and that a particular sum has been so fixed for the date most recently preceding a particular date,— shall, in any proceedings, be received in evidence and, in the absence of proof to the contrary, be sufficient evidence of the value of the New Zealand currency for the purposes of paragraph 1 of Article 8 of the LLMC Convention (as amended by the LLMC Protocol) 1952 No 49 s 463 1987 No 184 s 22(1) Section 88(1) repealed 23 October 2013 section 29(1) Maritime Transport Amendment Act 2013 Section 88(2) amended 15 June 2018 section 9 Maritime Transport Amendment Act 2017 Section 88(2) amended 23 October 2013 section 29(2) Maritime Transport Amendment Act 2013
89: Court may consolidate claims
Section 89 repealed 23 October 2013 section 30 Maritime Transport Amendment Act 2013
90: Part owners to account in respect of damages
Section 90 repealed 23 October 2013 section 30 Maritime Transport Amendment Act 2013
91: Release of ship where security given
Section 91 repealed 23 October 2013 section 30 Maritime Transport Amendment Act 2013
8: Liability where 2 or more ships involved
92: Application of this Part
This Part applies to every ship (whether registered or not and whether a New Zealand ship or not) in any circumstances in which the High Court has jurisdiction under section 4 1952 No 49 s 467 1987 No 184 s 23
93: Interpretation
1: In this Part, unless the context otherwise requires,— owner salvage services section 84 ship
2: In this Part, reference to damage or loss caused by the fault of a ship shall be construed as including references to any salvage or other expenses consequent upon that fault recoverable at law by way of damages. 1952 No 49 s 468 1987 No 184 s 23
94: Division of loss
1: Subject to the succeeding provisions of this section, where, by the fault of 2 or more ships, damage or loss is caused to 1 or more of them, or to their cargoes or freight, or to any other property on board, the liability to make good the damage or loss shall be in proportion to the degree to which each ship was at fault.
2: If, in any case to which subsection (1) applies, it is not possible to establish different degrees of fault, having regard to all the circumstances of the case, the liability shall be apportioned equally.
3: Nothing in this section shall—
a: render any ship liable for any loss or damage to which the fault of that ship has not contributed; or
b: affect the liability of any person under a contract of carriage, or any other contract; or
c: impose any liability upon any person from which that person is exempted by any contract or by any provision of law; or
d: affect the right of any person to limit that person’s liability in the manner provided by law. 1952 No 49 s 469 1987 No 184 s 23
95: Damages for personal injury
1: Subject to subsection (2), where, by the fault of 2 or more ships, any person on board one of the ships is killed or injured, the liability of the owners of the ships shall be joint and several.
2: Nothing in subsection (1) shall—
a: deprive any person of any right of defence on which, had this section not been enacted, that person might have relied in an action brought against that person by the injured person or by any person entitled to sue in respect of the death of any person on board; or
b: affect the right of any person to limit that person’s liability in the manner provided by law. 1952 No 49 s 470 1987 No 184 s 23
96: Right of contribution
1: Subject to subsection (2), where, by the fault of 2 or more ships, any person on board one of the ships is killed or injured, and a proportion of the damages is recovered against the owners of one of the ships that exceeds the proportion in which that ship was at fault, those owners may recover the amount of the excess by way of contribution from the owners of the other ship or ships to the extent to which those ships were respectively at fault.
2: No amount shall be recovered under subsection (1) that could not, by reason of any statutory or contractual limitation of or exemption from liability, or for any other reasons, have been recovered in the first instance as damages by the persons entitled to sue for damages.
3: In addition to any other remedy provided by law, the persons entitled to any contribution under this section shall, for the purpose of recovering the contribution, have, subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance. 1952 No 49 s 471 1987 No 184 s 23
97: Limitation of actions
1: Subject to subsections (3) and (4), no action may be brought to enforce any claim or lien against a ship ( the defendant ship
a: any damage or loss to another ship, or to cargo or freight of another ship, or to any other property on board another ship, that was caused wholly or partly by the fault of the defendant ship; or
b: damages for loss of life or personal injuries suffered by any person on board another ship, that were caused wholly or partly by the fault of the defendant ship,— unless proceedings are commenced within 2 years after the date when the damage or loss or injury was caused.
2: Subject to subsections (3) and (4), no action shall be maintainable under section 96
3: If, in any case to which subsection (1) or subsection (2) applies, the High Court is satisfied that there has not been a reasonable opportunity to arrest the defendant ship—
a: at any port in New Zealand; or
b: within New Zealand waters; or
c: locally within the jurisdiction of the country to which the plaintiff’s ship belongs or in which the plaintiff resides or has his or her principal place of business,— within the period specified by subsection (1) or (as the case may require) subsection (2), the court shall, on the application of the plaintiff, extend that period to an extent sufficient to give such a reasonable opportunity.
4: Without limiting subsection (3), in any case to which subsection (1) or subsection (2) applies, the High Court may, in accordance with rules of court, extend the period referred to in the appropriate one of those subsections to such extent and on such conditions as it thinks fit.
5: This section shall not apply to proceedings in respect of any alleged fault of a ship used by or set aside for the New Zealand Defence Force.
6: Subsection (3) shall not apply to any ships of the Crown.
7: This section shall not limit or affect section 110 the Injury Prevention, Rehabilitation, and Compensation Act 2001 Parts 18 to 26A subpart 1 1952 No 49 s 471A 1987 No 184 s 23 Section 97(1) substituted 16 October 2003 section 11(1) Maritime Transport Amendment Act 1999 Section 97(7) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 97(7) amended 23 October 2013 section 31 Maritime Transport Amendment Act 2013 Section 97(7) amended 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 97(7) amended 9 June 1999 section 11(2) Maritime Transport Amendment Act 1999
9: Wreck
Part 9 heading: amended 16 October 2003 section 12 Maritime Transport Amendment Act 1999
98: Interpretation
In this Part, unless the context otherwise requires,— Crown entity section 7 tidal water
a: any part of the sea:
b: any part of a river within the ebb and flow of the tide at mean spring tides wreck
a: any ship or aircraft which is abandoned, stranded, or in distress at sea or in any river or lake or other inland water, or any equipment or cargo or other articles belonging to or separated from any such ship or aircraft or belonging to or separated from any ship or aircraft which is lost at sea or in any river or lake or other inland water; and
b: shipping containers and property lost overboard or similarly separated from a ship, other than cargo lost in the course of its unloading or discharge from the ship while the ship is in a port. 1950 No 34 s 2(1) 1952 No 49 s 2(1) 1987 No 184 s 2(1) Section 98 Crown entity substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 98 Receiver repealed 9 June 1999 section 13(1) Maritime Transport Amendment Act 1999 Section 98 salvage repealed 16 October 2003 section 13(2) Maritime Transport Amendment Act 1999 Section 98 salvage services repealed 16 October 2003 section 13(2) Maritime Transport Amendment Act 1999 Section 98 salvor repealed 16 October 2003 section 13(2) Maritime Transport Amendment Act 1999 Section 98 wreck substituted 9 June 1999 section 13(3) Maritime Transport Amendment Act 1999
99: Director may appoint Receivers
Section 99 repealed 9 June 1999 section 20(1)﻿(a) Maritime Transport Amendment Act 1999 Ships and aircraft in distress
100: Powers and duties of Director where ship or aircraft in distress
1: If any ship or aircraft is wrecked, stranded, or in distress at any place on or over or near the coasts of New Zealand or any tidal waters within the limits of New Zealand or any river or lake or other inland water, the Director may give such directions as he or she thinks fit for the preservation of all or any of the following:
a: the ship or aircraft:
b: the lives of the passengers and crew (who are in this Part referred to as the shipwrecked persons):
c: the equipment and cargo of the ship or aircraft.
2:
3: The Director
a: require such persons as the Director
b: require the master or other person having the charge of any ship near at hand to give such aid with his or her crew or ship as may be within the master’s power:
c: demand the use of any vehicle that may be near at hand.
4: Every person commits an offence who—
a: wilfully disobeys the lawful direction of the Director
b: refuses without reasonable cause to comply with any lawful requisition or demand made by the Director
5: No power conferred by this section shall be exercised so as to conflict with the exercise of a power, or any lawful directions given, by—
a: a harbourmaster (as defined in section 222(1)
b: an on-scene commander (as defined in section 281
c: a person under Part 5
d: the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002
e:
f: any constable section 10
g: a person under the Transport Accident Investigation Commission Act 1990
h: the Minister under section 255
i:
6: The Director may recover as a debt due from the owner of the ship or aircraft, or of the cargo or equipment, the costs of his or her intervention under this section in respect of that ship, aircraft, cargo, or equipment, other than costs in respect of the preservation of life. 1952 No 49 s 343 1963 No 129 s 23 Section 100 heading substituted 9 June 1999 section 14 Maritime Transport Amendment Act 1999 Section 100(1) substituted 9 June 1999 section 14(1) Maritime Transport Amendment Act 1999 Section 100(2) repealed 9 June 1999 section 14(1) Maritime Transport Amendment Act 1999 Section 100(3) amended 9 June 1999 section 14(2) Maritime Transport Amendment Act 1999 Section 100(3)﻿(a) amended 9 June 1999 section 14(2) Maritime Transport Amendment Act 1999 Section 100(4)﻿(a) amended 23 October 2013 section 32 Maritime Transport Amendment Act 2013 Section 100(4)﻿(b) amended 23 October 2013 section 32 Maritime Transport Amendment Act 2013 Section 100(5)﻿(c) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 100(5)﻿(d) replaced 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016 Section 100(5)﻿(e) repealed 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 100(5)﻿(f) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 100(5)﻿(h) substituted 9 June 1999 section 14(3) Maritime Transport Amendment Act 1999 Section 100(5)﻿(i) repealed 9 June 1999 section 14(3) Maritime Transport Amendment Act 1999 Section 100(6) added 9 June 1999 section 14(4) Maritime Transport Amendment Act 1999
100A: Responsibility of owner of ship or aircraft in distress
1: If any ship or aircraft is wrecked, stranded, or in distress at any place on or over or near the coasts of New Zealand or any tidal waters within the limits of New Zealand or any river or lake or other inland water, and the Director notifies the owner of the ship or aircraft that he or she considers that the ship or aircraft, or its equipment or cargo, is a hazard to navigation, the owner must make arrangements to secure and remove the hazard.
2: This section is subject to section 100
3: A person commits an offence if the person contravenes subsection (1). Section 100A inserted 9 June 1999 section 15 Maritime Transport Amendment Act 1999
101: Right of passage over adjoining lands
1: Where a ship or aircraft is wrecked, stranded, or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the ship or aircraft, or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the ship or aircraft, unless there is some public road equally convenient, pass and repass, either with or without vehicles or equipment, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the ship or aircraft.
2: Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the ship or aircraft or cargo or articles in respect of or by which the damage is occasioned
3: Every owner or occupier of land commits an offence who—
a: impedes or hinders any person in the exercise of the rights given by this section, by locking his or her gates, or refusing upon request to open the same, or otherwise; or
b: impedes or hinders the deposit on the land of any cargo or other article recovered from the ship or aircraft as aforesaid; or
c: prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit. 1952 No 49 s 344 Section 101(2) amended 9 June 1999 section 16 Maritime Transport Amendment Act 1999
102: Receiver to suppress plunder and disorder
Section 102 repealed 9 June 1999 section 20(1)﻿(b) Maritime Transport Amendment Act 1999
103: In Receiver’s absence, who to act
Section 103 repealed 9 June 1999 section 20(1)﻿(c) Maritime Transport Amendment Act 1999
104: Receiver to make inquiry
Section 104 repealed 9 June 1999 section 20(1)﻿(d) Maritime Transport Amendment Act 1999 Dealing with wreck
105: Rules to be observed by person finding wreck
1: If a person finds or takes possession of any wreck within the limits of New Zealand, or takes possession of and brings within the limits of New Zealand any wreck found outside those limits, the following provisions apply:
a: the person must , as soon as is reasonably practicable after finding or taking possession of the wreck,
b: if the person is not the owner of the wreck, the person must , as soon as is reasonably practicable after finding or taking possession of the wreck,
1A: The Director may transmit to such persons and agencies as the Director thinks appropriate any information received by him or her under subsection (1).
2:
3: Every person commits an offence who, without reasonable excuse, fails to comply with this section, and shall in addition, if he or she is not the owner, forfeit any claim to salvage, and shall be liable to pay to the owner of the wreck if it is claimed, or, if it is unclaimed, to the person entitled to the same, double the value thereof, to be recovered in the same way as a fine of a like amount under this Act. 1952 No 49 s 348 1963 No 129 s 23 Section 105(1) substituted 9 June 1999 section 17(1) Maritime Transport Amendment Act 1999 Section 105(1)﻿(a) amended 23 October 2013 section 33 Maritime Transport Amendment Act 2013 Section 105(1)﻿(b) amended 23 October 2013 section 33 Maritime Transport Amendment Act 2013 Section 105(1A) inserted 9 June 1999 section 17(1) Maritime Transport Amendment Act 1999 Section 105(2) repealed 9 June 1999 section 17(2) Maritime Transport Amendment Act 1999
106: Articles washed ashore to be delivered to Receiver
Section 106 repealed 9 June 1999 section 20(1)﻿(e) Maritime Transport Amendment Act 1999
107: Claims to wreck
Section 107 repealed 9 June 1999 section 20(1)﻿(f) Maritime Transport Amendment Act 1999
108: Wreck may be sold immediately in certain cases
Section 108 repealed 9 June 1999 section 20(1)﻿(g) Maritime Transport Amendment Act 1999
109: Provisions where wreck claimed by 2 or more persons and as to unclaimed wreck
Section 109 repealed 9 June 1999 section 20(1)﻿(h) Maritime Transport Amendment Act 1999 Removal of hazards to navigation
110: Removal of hazards to navigation
1: The Director may cause to be removed any ship or aircraft referred to in section 100A the hazard
a: the owner of the hazard has not made arrangements under that section to secure and remove the hazard; and
b: no regional council has jurisdiction over the waters or place where the hazard is located; and
c: the Director considers the hazard is a hazard to navigation; and
d: the action taken to remove the hazard is not inconsistent with the Resource Management Act 1991
2: The Director may, by notice in writing given to the owner or master or person in command of the hazard, or to any agent of the owner, require that person to remove the whole or any part of that hazard in a manner satisfactory to, and within a time to be specified by, the Director.
3: If a person fails to comply with the notice, or if a person to whom the notice can be given cannot be found, the Director or a person authorised by the Director may—
a: take possession of and remove or destroy the whole or any part of the hazard; and
b: sell, in such manner as he or she thinks fit, the hazard or any part of it that is so removed, and also any property recovered from it, in the exercise of his or her powers under this section; and, out of the proceeds of any such sale, without any reference to the articles from the sale of which those proceeds arise, recover the whole of the expenses of removal; and
c: if the proceeds of the sale are insufficient to pay the whole of the expenses of removal, recover the balance from the owner or master or person in command of the hazard, or from the owner of any ship or aircraft or from any other person if the sinking, stranding, or abandonment occurred through the fault or negligence of that ship, aircraft, or person.
4: The Director or a person authorised by the Director must hold the surplus (if any) of the proceeds of any sale under this section and dispose of the surplus to the owner of the hazard or any other persons entitled to receive the surplus.
5: This section applies to every article belonging to or forming part of a ship or aircraft, as it applies to a ship or aircraft; and the proceeds of the sale under this section of any ship or aircraft or any part of it or other property recovered from it must be regarded as a common fund.
6: In this section, owner 1952 No 49 s 353 Section 110 substituted 9 June 1999 section 18 Maritime Transport Amendment Act 1999 Offences in respect of wreck Heading repealed 9 June 1999 section 20(1)﻿(j) Maritime Transport Amendment Act 1999
111: Offences in respect of wreck
Section 111 repealed 9 June 1999 section 20(1)﻿(i) Maritime Transport Amendment Act 1999
112: Receiver may seize concealed wreck
Section 112 repealed 9 June 1999 section 20(1)﻿(j) Maritime Transport Amendment Act 1999 Salvage Heading repealed 16 October 2003 section 20(1)﻿(l) Maritime Transport Amendment Act 1999
113: Salvage for saving life
Section 113 repealed 16 October 2003 section 20(1)﻿(k) Maritime Transport Amendment Act 1999
114: Salvage of cargo or wreck
Section 114 repealed 16 October 2003 section 20(1)﻿(l) Maritime Transport Amendment Act 1999 Procedure in salvage Heading repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
115: Settlement of disputes as to salvage
Section 115 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
116: Settlement of disputes by District Court
Section 116 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
117: Apportionment of salvage among owners, etc, of ships and aircraft other than New Zealand ships or aircraft
Section 117 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
118: Valuation of wreck
Section 118 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
119: Enforcing payment of salvage
Section 119 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
120: Receiver may sell wreck in case of non-payment
Section 120 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
121: Payment of salvage in case of dispute as to apportionment
Section 121 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
122: High Court may apportion
Section 122 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
123: Salvage claims against the Crown
Section 123 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999
124: Salvage claims by the Crown
Section 124 repealed 16 October 2003 section 20(2) Maritime Transport Amendment Act 1999 Fees of Receivers Heading repealed 9 June 1999 section 20(1)﻿(m) Maritime Transport Amendment Act 1999
125: Fees to be paid to Receiver
Section 125 repealed 9 June 1999 section 20(1)﻿(m) Maritime Transport Amendment Act 1999 Duties on wreck
126: Foreign wreck subject to duties as an importation
1: All wreck, being goods brought or coming into New Zealand from a place outside New Zealand, shall be subject to the same duties as if the same was imported into New Zealand, and if any question arises as to the origin of the goods they shall be deemed to be the produce of such country as the chief executive of the New Zealand Customs Service
2: The chief executive of the New Zealand Customs Service chief executive of the New Zealand Customs Service
3: In this section, the term goods 1952 No 49 s 370 Section 126(1) amended 1 October 1996 section 294(3) Customs and Excise Act 1996 Section 126(2) amended 1 October 1996 section 294(3) Customs and Excise Act 1996
127: Penalties
1: Every person who commits an offence against section 100 or section 100A section 101 on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
2: Every person who commits an offence against section 105 on conviction 1952 No 49 s 480(2) Section 127(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 127(1) amended 9 June 1999 section 19(1) Maritime Transport Amendment Act 1999 Section 127(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 127(2) amended 9 June 1999 section 19(2) Maritime Transport Amendment Act 1999
10: Construction, survey, and equipment
Part 10 repealed 2 February 1998 section 187
128: Interpretation
Section 128 repealed 2 February 1998 section 187
129: Application of this Part
Section 129 repealed 2 February 1998 section 187
130: Surveyors
Section 130 repealed 2 February 1998 section 187
131: Notice to be given before work commenced
Section 131 repealed 2 February 1998 section 187
132: Notice to be given before use changed
Section 132 repealed 2 February 1998 section 187 Requirement of survey Heading repealed 2 February 1998 section 187
133: Certain ships to be surveyed
Section 133 repealed 2 February 1998 section 187
134: Director may exempt any particular ship or class of ship from survey
Section 134 repealed 2 February 1998 section 187 Conduct of surveys Heading repealed 2 February 1998 section 187
135: Initial, intermediate, and periodical surveys
Section 135 repealed 2 February 1998 section 187
136: Additional surveys
Section 136 repealed 2 February 1998 section 187
137: Duties of surveyor on completion of survey where ship satisfactory
Section 137 repealed 2 February 1998 section 187
138: Duties of surveyor on completion of survey where ship unsatisfactory
Section 138 repealed 2 February 1998 section 187
139: Duties of Director on receipt of notice
Section 139 repealed 2 February 1998 section 187
140: Declarations of survey
Section 140 repealed 2 February 1998 section 187 Certificates Heading repealed 2 February 1998 section 187
141: Interim certificates
Section 141 repealed 2 February 1998 section 187
142: Safety Convention certificates
Section 142 repealed 2 February 1998 section 187
143: Certificates of survey
Section 143 repealed 2 February 1998 section 187
144: Requirement to hold appropriate certificate
Section 144 repealed 2 February 1998 section 187
145: Dispensation from having appropriate certificate
Section 145 repealed 2 February 1998 section 187
146: Conditions in respect of certificates
Section 146 repealed 2 February 1998 section 187
147: More than 1 certificate in respect of same ship
Section 147 repealed 2 February 1998 section 187
148: Duration of Safety Convention certificates
Section 148 repealed 2 February 1998 section 187
149: Duration of certificate of survey
Section 149 repealed 2 February 1998 section 187
150: Display of certificates
Section 150 repealed 2 February 1998 section 187
151: Offence in respect of display of certificates
Section 151 repealed 2 February 1998 section 187 Special provisions relating to barges Heading repealed 2 February 1998 section 187
152: Application of sections 153 to 155
Section 152 repealed 2 February 1998 section 187
153: Certificates of completion required for certain barges
Section 153 repealed 2 February 1998 section 187
154: Certificates of completion
Section 154 repealed 2 February 1998 section 187
155: Offence to proceed on voyage in certain circumstances
Section 155 repealed 2 February 1998 section 187
156: Government ships
Section 156 repealed 2 February 1998 section 187
11: Load lines
Part 11 repealed 2 February 1998 section 187
157: Interpretation
Section 157 repealed 2 February 1998 section 187
158: Application of this Part
Section 158 repealed 2 February 1998 section 187
159: Load line ships and certificates
Section 159 repealed 2 February 1998 section 187
160: Issue of load line certificates
Section 160 repealed 2 February 1998 section 187
161: Duty to comply with Load Line Regulations
Section 161 repealed 2 February 1998 section 187
162: Overloading
Section 162 repealed 2 February 1998 section 187
163: Offences in relation to markings
Section 163 repealed 2 February 1998 section 187
164: Display of load line certificate and other requirements
Section 164 repealed 2 February 1998 section 187
165: Director may exempt certain ships from Load Line Regulations
Section 165 repealed 2 February 1998 section 187
166: Use of timber load lines
Section 166 repealed 2 February 1998 section 187
167: Submersion lines on ships not subject to Load Line Regulations
Section 167 repealed 2 February 1998 section 187
12: Safety at sea
Part 12 repealed 2 February 1998 section 187
168: Interpretation
Section 168 repealed 2 February 1998 section 187 Prevention of collisions Heading repealed 2 February 1998 section 187
169: Application of Collision Regulations
Section 169 repealed 2 February 1998 section 187
170: Observance of Collision Regulations
Section 170 repealed 2 February 1998 section 187 General provisions relating to safety Heading repealed 2 February 1998 section 187
171: Radio messages
Section 171 repealed 2 February 1998 section 187
172: Additional duties in respect of reporting of dangers to navigation
Section 172 repealed 2 February 1998 section 187
173: Dangerous goods
Section 173 repealed 2 February 1998 section 187
174: Deck cargo
Section 174 repealed 2 February 1998 section 187
175: Livestock
Section 175 repealed 2 February 1998 section 187
176: Grain
Section 176 repealed 2 February 1998 section 187
177: Minister may define restricted limits
Section 177 repealed 2 February 1998 section 187
178: Medical officers to be carried on certain ships
Section 178 repealed 2 February 1998 section 187
179: Medical certificates required in respect of seafarers under 18 years of age
Section 179 repealed 2 February 1998 section 187
180: Crew accommodation
Section 180 repealed 2 February 1998 section 187
181: Official logbook to be kept
Section 181 repealed 2 February 1998 section 187
182: Matters to be entered in logbook
Section 182 repealed 2 February 1998 section 187
183: Chief engineer to keep engine room logbook
Section 183 repealed 2 February 1998 section 187
184: Offence in respect of official logbook, etc
Section 184 repealed 2 February 1998 section 187
13: Transitional provisions relating to Parts 10 to 12
185: Penalties
1: Every person who commits an offence against any of sections 131 132 171 on conviction
2: Every person who commits an offence against any of sections 133 136 144 146 155 161 173 on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
3: Every person who commits an offence against any of sections 147 170(3) 174(5) 175(3) 176(3) 178 180 181 183 184 on conviction
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
4: Every person who commits an offence against section 151 section 164(3) on conviction
5: Every person who commits an offence against section 172(2) on conviction Section 185(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 185(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 185(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 185(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 185(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
186: Documents issued under Parts 10 to 12
Every licence, certificate, permit, authorisation, approval, or other document issued, recognised, or accepted by the Director under any of Parts 10 11 12
187: Expiry of Parts 10 to 12
Parts 10 11 12
14: General provisions relating to shipping
Duty of assistance
188: Duty of assistance
Every person on whom any duty is imposed by this Act—
a: shall at all reasonable times furnish; and
b: shall ensure that at all reasonable times the person’s agents and employees furnish— the means required by the Authority, its employees, the Director, or their respective agents for an entry, inspection, examination, audit, inquiry, or the exercise of any other power, under this Act in relation to the duty. 1992 No 96 s 47 Maritime Registry
189: Maritime Registry
1: The Authority shall establish a Maritime Registry.
2: Copies or appropriate evidence of the following shall be recorded and maintained at the Registry:
a: every maritime document and every marine protection document issued by the Director:
b: every regulation made under this Act, and every rule notified in the Gazette
c: every item incorporated by reference into rules under section 452
d: every accident, incident, and mishap notification given under section 31
e: every delegation, authorisation, notification of recognition of a document as a maritime document or marine protection document, and exemption granted in writing under this Act:
f: the address for service of—
i: every current applicant for a maritime document or marine protection document; and
ii: every current holder of a maritime document or marine protection document; and
iii: every person who holds a document recognised under this Act as a maritime document or marine protection document:
g: a list of the conventions and the parties to each of those conventions:
h:
i: the current service charter.
3: Documents kept at the Registry shall be made available by the Authority, in accordance with the provisions of the Official Information Act 1982
4: Subsection (3) is subject to the Privacy Act 2020 1990 No 98 s 74 Section 189(2)﻿(h) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 189(4) added 15 December 2005 section 7 Maritime Transport Amendment Act (No 2) 2005 Section 189(4) amended 1 December 2020 section 217 Privacy Act 2020 Information services
190: Information services
1: The Authority shall ensure that an information service is provided to collect and disseminate information as to maritime safety requirements, marine protection requirements, and the placement and operation of navigational aids in respect of New Zealand waters.
2: The Authority may require the payment of a reasonable charge fixed by the Authority for any costs incurred by the Authority under this section. 1990 No 98 s 75 Maritime levies Heading replaced 23 October 2013 section 34 Maritime Transport Amendment Act 2013
191: Maritime levies
1: The Governor-General may from time to time, by Order in Council, on the recommendation of the Minister, make regulations providing for the payment of maritime levies in respect of ships entering any port in New Zealand or operating in New Zealand waters and prescribing the amounts of those levies.
2: Maritime levies may provide funding for any or all of the following purposes:
a: to enable the provision of—
i: navigational aids other than those referred to in section 200(2)
ii: distress and safety radio services:
iii: marine safety information:
iv: other services related to the safety of shipping:
b: any services provided, or any regulatory services or activities undertaken, by the Authority, the Director,
c: the facilitation of, or support for, seafarer welfare services.
3: Any such regulations may—
a: specify the persons by whom the levies
b: prescribe different levies
c: provide for the refund or waiver of any levy
d: provide that the levies levies whether or not persons levied use, or the ship in respect of which the levy arises uses, any such services.
3A: The Minister must not make a recommendation under subsection (1) unless he or she has consulted such persons, representative groups within the maritime industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate.
4: Nothing in this section limits the provisions of section 201 section 204
5: Regulations under this section are secondary legislation ( see Part 3 1952 No 49 s 375 1990 No 121 s 2 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 191 heading replaced 23 October 2013 section 35(1) Maritime Transport Amendment Act 2013 Section 191(1) replaced 23 October 2013 section 35(2) Maritime Transport Amendment Act 2013 Section 191(2) replaced 23 October 2013 section 35(2) Maritime Transport Amendment Act 2013 Section 191(2)﻿(b) amended 14 November 2018 section 157 Tribunals Powers and Procedures Legislation Act 2018 Section 191(2)﻿(c) inserted 1 April 2021 section 36 Regulatory Systems (Transport) Amendment Act 2021 Section 191(3)﻿(a) amended 23 October 2013 section 35(3) Maritime Transport Amendment Act 2013 Section 191(3)﻿(b) amended 23 October 2013 section 35(3) Maritime Transport Amendment Act 2013 Section 191(3)﻿(c) amended 23 October 2013 section 35(4) Maritime Transport Amendment Act 2013 Section 191(3)﻿(d) amended 23 October 2013 section 35(3) Maritime Transport Amendment Act 2013 Section 191(3A) inserted 23 October 2013 section 35(5) Maritime Transport Amendment Act 2013 Section 191(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
192: Exemptions from
maritime levies
1:
2: Regulations made under this Act may—
a: exempt any ship or class or description of ship or any ship used for a purpose specified in the regulations from liability in respect of maritime levies
b: specify circumstances in which any ship or class or description of ship is exempt from liability in respect of maritime levies 1952 No 49 s 376 1990 No 121 s 2 Section 192 heading amended 23 October 2013 section 36(1) Maritime Transport Amendment Act 2013 Section 192(1) repealed 23 October 2013 section 36(2) Maritime Transport Amendment Act 2013 Section 192(2)﻿(a) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 192(2)﻿(a) amended 23 October 2013 section 36(4) Maritime Transport Amendment Act 2013 Section 192(2)﻿(b) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 192(2)﻿(b) amended 23 October 2013 section 36(4) Maritime Transport Amendment Act 2013
193: Power to appoint agents to collect
maritime levies
1: The Director may appoint the chief executive of the New Zealand Customs Service public service maritime levies maritime levies
2: Any appointment under subsection (1) may—
a: provide for the payment of a fee by the Director for the collection of maritime levies
b: permit the agent to retain a specified proportion of the maritime levies
c: both. 1952 No 49 s 377 1990 No 121 s 2 Section 193 heading amended 23 October 2013 section 36(1) Maritime Transport Amendment Act 2013 Section 193(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 193(1) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 193(1) amended 23 October 2013 section 36(4) Maritime Transport Amendment Act 2013 Section 193(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 193(2)﻿(a) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 193(2)﻿(a) amended 23 October 2013 section 36(4) Maritime Transport Amendment Act 2013 Section 193(2)﻿(b) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 193(2)﻿(b) amended 23 October 2013 section 36(4) Maritime Transport Amendment Act 2013
194: Power of agent of ship, etc, to retain
maritime levies Any agent who by any regulations made under this Act is liable for the payment of maritime levies levies levies levies 1952 No 49 s 378 1990 No 121 s 2 Section 194 heading amended 23 October 2013 section 36(1) Maritime Transport Amendment Act 2013 Section 194 amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 194 amended 23 October 2013 section 36(4) Maritime Transport Amendment Act 2013
195: Recovery in certain cases where
maritime levies
1: This section shall apply only where a maritime levy chief executive of the New Zealand Customs Service levy
2: If the person liable to pay any maritime levy levy chief executive of the New Zealand Customs Service levy
3: For the purposes of subsection (1), the term agent chief executive of the New Zealand Customs Service 1952 No 49 s 378A 1990 No 121 s 2 Section 195 heading amended 23 October 2013 section 36(1) Maritime Transport Amendment Act 2013 Section 195(1) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 195(1) amended 23 October 2013 section 36(5) Maritime Transport Amendment Act 2013 Section 195(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 195(2) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 195(2) amended 23 October 2013 section 36(5) Maritime Transport Amendment Act 2013 Section 195(2) amended 15 December 2005 section 8 Maritime Transport Amendment Act (No 2) 2005 Section 195(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
196: Issue of receipt for
maritime levy Every person who receives any maritime levy levy levy levy 1952 No 49 s 378B 1990 No 121 s 2 Section 196 heading amended 23 October 2013 section 36(6) Maritime Transport Amendment Act 2013 Section 196 amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 196 amended 23 October 2013 section 36(5) Maritime Transport Amendment Act 2013
197: Detention of ship where
maritime levies
1: Where, on demand being made by any person for the payment of any maritime levy
a: the levy
b: evidence for the earlier payment of the levy the Director or the chief executive of the New Zealand Customs Service levy
2: If payment of the levy levy
3: Where a ship is detained or sold under this section, the Crown, the Director, and the chief executive of the New Zealand Customs Service
4: The chief executive of the New Zealand Customs Service shall advise the Director of every ship detained pursuant to subsection (1) by the chief executive or by a person acting under the chief executive’s direction or authority. 1952 No 49 s 378C 1990 No 121 s 2 Section 197 heading amended 23 October 2013 section 36(1) Maritime Transport Amendment Act 2013 Section 197(1) amended 23 October 2013 section 36(3) Maritime Transport Amendment Act 2013 Section 197(1) amended 23 October 2013 section 36(5) Maritime Transport Amendment Act 2013 Section 197(1)﻿(a) amended 23 October 2013 section 36(5) Maritime Transport Amendment Act 2013 Section 197(1)﻿(b) amended 23 October 2013 section 36(5) Maritime Transport Amendment Act 2013 Section 197(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 197(2) amended 23 October 2013 section 36(5) Maritime Transport Amendment Act 2013 Section 197(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 197(4) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
197A: Regulations may impose ballast water management levy
1: The Governor-General may from time to time, by Order in Council, make regulations imposing a ballast water management levy on ships, as defined in section 246A(3)﻿(a)
2: The purpose of the levy is to wholly or partly fund administration, inspection, and enforcement services relating to the control and management of ballast water.
3: Sections 191(3) to 197
4: Regulations under this section are 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 197A inserted 8 September 2017 section 86(3) Biosecurity Law Reform Act 2012 Section 197A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Coastal shipping
198: Coastal shipping
1: No ship shall carry coastal cargo, unless the ship is—
a: a New Zealand ship; or
b: a foreign ship on demise charter to a New Zealand-based operator who employs or engages a crew to work on board the ship under an employment agreement or contract for services governed by New Zealand law; or
c: a foreign ship—
i: that is passing through New Zealand waters while on a continuous journey from a foreign port to another foreign port, and is stopping in New Zealand to load or unload international cargo; and
ii: whose carriage of coastal cargo is incidental in relation to the carriage of the international cargo.
d:
1A: A ship referred to in subsection (1)﻿(c) may only load and unload coastal cargo—
a: at a New Zealand port at which it loads or unloads international cargo; or
b: at a New Zealand port that it is scheduled to pass in the course of its continuous journey.
2: If, in any case, the Minister is satisfied that there are no ships of any of the kinds specified in subsection (1) (including any conditions relating to occupational safety and health)
3: Every person commits an offence who—
a: carries coastal cargo in contravention of this section; or
b: contravenes or fails to comply with any condition imposed under subsection (2).
4: Every person who commits an offence against subsection (3) is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
5: Nothing in this section shall limit any other provision of this Act or any other Act, or any regulations or maritime rules made under this Act.
6: In this section,— coastal cargo
a: passengers who initially board the ship at a New Zealand port for carriage to and final disembarking from that ship at another New Zealand port; or
b: goods initially loaded on the ship at a New Zealand port for carriage to and final unloading at another New Zealand port continuous foreign port goods section 246 international cargo
a: passengers who initially board the ship at—
i: a foreign port for carriage to and disembarking at a New Zealand port; or
ii: a New Zealand port for carriage to and disembarking at a foreign port; and
b: goods initially loaded on the ship at—
i: a foreign port for carriage to and unloading at a New Zealand port; or
ii: a New Zealand port for carriage to and unloading at a foreign port; and
c: excludes coastal cargo New Zealand port Section 198(1) substituted 15 December 2005 section 9(1) Maritime Transport Amendment Act (No 2) 2005 Section 198(1)﻿(c) replaced 23 October 2013 section 37(1) Maritime Transport Amendment Act 2013 Section 198(1)﻿(d) repealed 23 October 2013 section 37(1) Maritime Transport Amendment Act 2013 Section 198(1A) inserted 23 October 2013 section 37(2) Maritime Transport Amendment Act 2013 Section 198(2) amended 23 October 2013 section 37(3) Maritime Transport Amendment Act 2013 Section 198(2) amended 5 May 2003 section 35(2) Health and Safety in Employment Amendment Act 2002 Section 198(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 198(6) coastal cargo replaced 23 October 2013 section 37(4) Maritime Transport Amendment Act 2013 Section 198(6) continuous inserted 23 October 2013 section 37(5) Maritime Transport Amendment Act 2013 Section 198(6) goods amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 198(6) international cargo inserted 23 October 2013 section 37(5) Maritime Transport Amendment Act 2013 Section 198(6) New Zealand port inserted 23 October 2013 section 37(5) Maritime Transport Amendment Act 2013 Safety services
199: Search and rescue operations
Section 199 repealed 1 December 2004 section 12(3) Civil Aviation Amendment Act (No 2) 2004
200: Navigational aids
1: The Authority is responsible for the management of all navigational aids on or near the coasts of New Zealand and the adjacent seas and islands, except those to which subsection (2) applies.
2: A person (including a local authority) who operates a port, cargo terminal, marina, jetty, marine farm, or other maritime facility ( an operator
3: The Authority may—
a: erect or place any navigational aid:
b: add to, alter, remove, or maintain any navigational aid:
c: inspect any navigational aid or property related to any navigational aid.
3A: A regional council may erect, place, and maintain navigational aids in its region in accordance with section 33I
4: Any person who is authorised by the Director for that purpose either generally or specially may inspect and examine any navigational aid that is under the management of an operator, and may for that purpose enter, with such assistants as he or she may deem necessary, any such navigational aid and any premises and property that is appurtenant to the navigational aid.
5: An operator who operates a port must, as and when required by the Director, do such of the following in or for that port as the Director may require:
a: erect lights, lay down buoys and beacons, and replace, remove, or discontinue any harbour light, signal, buoy, beacon, or other sea mark:
b: make any variation in the character of any harbour light, signal, buoy, beacon, or other sea mark or in the mode of exhibiting it.
6: If an operator fails or neglects to comply with a requisition made under subsection (5) within a reasonable period to be stated in the requisition,—
a: the Director may take all such steps and do all such acts as may be necessary to give effect to the requisition; and
b: the cost and charges of so doing are a debt due from the operator to the Crown, and may be recovered accordingly.
7: No person may erect or place a navigational aid, alter the character of a navigational aid, or alter or remove the position of a navigational aid, without the approval of the Director.
8: Navigational aids must be provided and maintained in accordance with, and otherwise conform with, the maritime rules. 1950 No 34 s 206 1993 No 89 s 19 Section 200 substituted 9 June 1999 section 21 Maritime Transport Amendment Act 1999 Section 200(3A) inserted 23 October 2013 section 38 Maritime Transport Amendment Act 2013 Provisions relating to special maritime events Heading inserted 19 December 1998 section 2 Maritime Transport Amendment Act (No 2) 1998
200A: Minister may notify maritime event where special enforcement powers exercisable
1: On application made by—
a: a regional council that has navigational safety jurisdiction over the area or areas concerned under Part 3A
b: any other person or organisation, if no regional council has such jurisdiction in that case,— the Minister may, by notice in the Gazette section 200B
2: A notice under subsection (1)—
a: must describe the event or occasion to which it applies; and
b: must describe the waters ( the designated area
c: must specify the period during which the notice applies; and
d: may set out requirements for the purposes of navigation safety and to enable the event or occasion to be properly managed, including requirements specifying the classes of ships that are authorised to enter the designated area, and the conditions and requirements to be complied with by persons in the designated area; and
e: may authorise the regional council in whose region the maritime event or occasion is being held to determine, in accordance with the notice, which ships may enter the designated area and to specify and vary conditions for the day to day management and conduct of activities within the designated area (such as varying the hours of racing, closing and opening the course, and changing the course); and
f: may contain such other information as may be necessary to explain the effect of the notice.
3: A notice under subsection (1) may not be given unless the Minister—
a: is satisfied that—
i: the application is reasonable; and
ii: the applicant has provided the information referred to in paragraphs (a), (b), and (c) of subsection (2); and
iii: the applicant has provided any information required for the purposes of paragraphs (d), (e), and (f) of subsection (2); and
b: is satisfied that the application of section 200B
c: is satisfied that the applicant has considered the needs of commercial shipping; and
d: has published in the Gazette
e: has considered all representations received within the specified time.
4: The Minister may from time to time, by notice in the Gazette
a: extend the period during which a notice under subsection (1) applies:
b: amend any description or correct any obvious mistake in a notice under subsection (1).
5: Subsection (3) does not apply to a notice under subsection (4).
6: An applicant must pay the costs and expenses of the notices referred to in subsection (3) that are published for the purposes of that person’s application under this section; and a regional council may recover from the event organisers the costs and expenses the council incurs in relation to applications it makes under this section on their behalf.
7: This section applies only to specified maritime events and occasions that are to be held in or on New Zealand waters. Section 200A inserted 19 December 1998 section 2 Maritime Transport Amendment Act (No 2) 1998 Section 200A(1)﻿(a) amended 30 November 2022 section 78 Statutes Amendment Act 2022
200B: Special enforcement powers may be exercised when this section applies
1: This section applies to a major maritime event or occasion that is subject to a notice under section 200A
2: During the period specified for the purpose in the notice under section 200A
a: stop and detain any ship, craft, or seaplane in the designated area:
b: remove any ship, craft, or seaplane or person from the designated area:
c: prevent any ship, craft, or seaplane or person from entering the designated area:
d: prohibit the use of a ship, craft, or seaplane in the designated area, if the enforcement officer considers its use in the designated area would pose an unreasonable risk to the safety of those on board or of other persons:
e: board a ship, craft, or seaplane, give directions for the purposes of this section to the person appearing to be in charge, and require that person to give his or her name and address:
f: exercise any power that a harbourmaster may exercise for the purposes of ensuring maritime safety under Part 3A
3: The exercise of any power conferred by subsection (2) does not prevent an enforcement officer or any other person from taking any further action against a person under some other provision of this Act or under any other enactment.
4: An enforcement officer exercising any power under this section must produce evidence of identity and evidence that he or she is an enforcement officer, whenever reasonably requested to do so.
5: The person in charge of a ship, craft, or seaplane commits an infringement offence and is liable to the penalty prescribed by regulations made under section 201
a: the ship, craft, or seaplane enters or remains in a designated area in contravention of a notice given under section 200A
b: the person obstructs an enforcement officer while the officer is lawfully exercising a power under subsection (2); or
c: the person fails to comply with the lawful exercise by an enforcement officer of a power under subsection (2).
6: For the purposes of this section, the following persons are enforcement officers:
a: all constables police employees who are not constables
b: all members of the New Zealand Defence Force authorised for the purpose by the Chief of Defence Force:
c: harbourmasters employed or engaged by any harbour controlling authority:
d: such other persons as may for the time being be authorised for the purpose by the regional council within whose region the event or occasion is being held. Section 200B inserted 19 December 1998 section 2 Maritime Transport Amendment Act (No 2) 1998 Section 200B(2)﻿(f) amended 23 October 2013 section 39 Maritime Transport Amendment Act 2013 Section 200B(6)﻿(a) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 200B(6)﻿(a) amended 1 October 2008 section 116(d) Policing Act 2008 Dangerous goods Heading inserted 19 December 1998 section 2 Maritime Transport Amendment Act (No 2) 1998
200C: Opening and testing of packages containing dangerous goods
1: This section applies to—
a: New Zealand ships; and
b: other ships in a port in New Zealand or in New Zealand waters that load or unload cargo or fuel or embark or disembark passengers.
2: A person referred to in subsection (3) may require a package or container to be opened and subjected to such tests as may be necessary to identify the contents, if—
a: the package or container is, or is intended to be, loaded or carried on a ship to which this section applies; and
b: the person reasonably believes the package or container contains dangerous goods (as defined in rules made under this Act) that are not marked or packed in accordance with the rules.
3: The persons referred to in subsection (2) are—
a: the owner, master, or charterer of a ship to which this section applies:
b: the agent of the owner or charterer:
c: the consolidator of any freight container or other form of secondary containment intended for shipment on the ship:
d: a person authorised by the Director or by the chief executive of the Department of Labour or of the New Zealand Customs Service or of the Ministry of Fisheries or of the Ministry of Agriculture and Forestry.
4: The shipper of the package or container is liable for the costs of inspections and tests carried out under subsection (2), and of any delay caused by the inspections and tests. Section 200C inserted 19 December 1998 section 2 Maritime Transport Amendment Act (No 2) 1998 Miscellaneous provisions
201: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing those breaches of maritime rules , or breaches of navigation bylaws,
b: prescribing those breaches of maritime rules , or breaches of navigation bylaws,
c: prescribing the penalty for each offence prescribed under paragraph (a) which,—
i: in the case of an individual, shall be a fine not exceeding $10,000
ii: in the case of a body corporate, shall be a fine not exceeding $50,000
d: prescribing the infringement fee for each offence prescribed under paragraph (b) and for infringement offences against section 200B
i: in the case of an individual, must not exceed
ii: in the case of a body corporate, must not exceed
e: such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act (other than those referred to in section 394(1)﻿(i)
2: Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, ships, or maritime products, or with respect to the same class of person, ship, or maritime product in different circumstances.
3: Regulations under this section are secondary legislation ( see Part 3 1990 No 98 s 100 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 201(1)﻿(a) amended 23 October 2013 section 40 Maritime Transport Amendment Act 2013 Section 201(1)﻿(b) amended 23 October 2013 section 40 Maritime Transport Amendment Act 2013 Section 201(1)﻿(c)﻿(i) amended 1 April 2021 section 37(1) Regulatory Systems (Transport) Amendment Act 2021 Section 201(1)﻿(c)﻿(ii) amended 1 April 2021 section 37(2) Regulatory Systems (Transport) Amendment Act 2021 Section 201(1)﻿(d) amended 19 December 1998 section 3 Maritime Transport Amendment Act (No 2) 1998 Section 201(1)﻿(d)﻿(i) amended 16 December 2017 section 35(1) Maritime Transport Amendment Act 2017 Section 201(1)﻿(d)﻿(ii) amended 16 December 2017 section 35(2) Maritime Transport Amendment Act 2017 Section 201(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15: Transitional and consequential provisions relating to maritime transport
202: Repeals and revocations
1: The enactments specified in Part 1
2: The regulations, rules, orders, and notices specified in Part 2
3: Notwithstanding the repeal of the Maritime Transport Act 1993 sections 21, 22, 23, 24, 25, and 27 of that Act
4: Nothing in subsection (1) shall affect any amendment made—
a: to the Harbours Act 1950 Ombudsmen Act 1975 Public Finance Act 1989 Ship Registration Act 1992
b: to any regulations (other than the Coastal Pilots Regulations 1964 by section 20 of the Maritime Transport Act 1993
5: Amendment(s) incorporated in the Act(s)
203: Amendments to other enactments
The enactments specified in Schedule 4
204: Regulations, etc, deemed made under this Act
Section 204 expired 1 February 2001 section 205(a)
205: Expiry of section 204
Section 204
a: with the close of the period of 6 years
b: on such earlier date as may be appointed by the Governor-General by Order in Council. Section 205(a) amended 9 June 1999 section 22 Maritime Transport Amendment Act 1999
206: Dispensing powers of Director
Section 206 repealed 1 April 2021 section 38 Regulatory Systems (Transport) Amendment Act 2021
207: Abolition of Marine Council and Marine Advisory Committee, etc
1: The following bodies are hereby abolished:
a: the Marine Council:
b: the Marine Advisory Committee:
c: the Mercantile Marine Office:
d: every other body established by or under the Shipping and Seamen Act 1952, including the Maritime Appeal Authority (which is disestablished under section 82A
2: Every member of a body abolished by subsection (1) shall vacate office on the commencement of this Act, and shall not be entitled to any compensation in respect of such loss of office. Section 207(1)﻿(d) replaced 14 November 2018 section 158 Tribunals Powers and Procedures Legislation Act 2018
16: Carriage of goods by sea
208: Interpretation
1: In this Part, the Rules
2: For the purposes of Article 10 of the Rules, State
3: A reference in this Act to a non-negotiable document
209: Hague Rules to have force of law
1: The Rules, as set out in Schedule 5
2: Subsection (1) shall apply to carriage of goods by sea evidenced by a non-negotiable document (other than a bill of lading or similar document of title) that contains express provision to the effect that the Rules are to govern the carriage as if the document were a bill of lading. Carriage of Goods by Sea Act 1991 s 10 (Aust)
210: Jurisdiction of New Zealand courts
1: An agreement, whether made in New Zealand or elsewhere, has no effect to the extent that it purports to—
a: preclude or limit the jurisdiction of the courts of New Zealand in respect of—
i: a bill of lading or a similar document of title, relating to the carriage of goods from any place in New Zealand to any place outside New Zealand; or
ii: a non-negotiable document of a kind mentioned in section 209(2)
b: preclude or limit the jurisdiction of the courts of New Zealand in respect of—
i: a bill of lading, or a similar document of title, relating to the carriage of goods from any place outside New Zealand to any place in New Zealand; or
ii: a non-negotiable document of a kind mentioned in section 209(2)
2: Nothing in this section shall be construed as limiting or affecting any stipulation or agreement to submit any dispute to arbitration in New Zealand or any other country. 1940 No 31 s 11A 1968 No 17 s 3 1985 No 97 s 2
211: Contracting parties to the Rules
If the Secretary of Foreign Affairs and Trade certifies that, for the purposes of the Rules or any convention relating to liability of sea carriers for loss of, or damage to, cargo,—
a: a State specified in the certificate is a Contracting State, or is a Contracting State in respect of any place or territory so specified; or
b: any place or territory specified in the certificate forms part of a State so specified (whether a Contracting State or not),— then, in any proceedings, the certificate shall, in the absence of proof to the contrary, be sufficient evidence of the matters so certified.
212: Repeals
1: The Sea Carriage of Goods Act 1940
2: Amendment(s) incorporated in the Act(s)
3: The following enactments are hereby consequentially repealed:
a: the Sea Carriage of Goods Amendment Act 1968
b: the Sea Carriage of Goods Amendment Act 1985
213: Savings
1: Notwithstanding section 212(1) Sea Carriage of Goods Act 1940
a: the contract was made before that commencement; and
b: that Act would have applied but for the operation of section 212(1)
2: Notwithstanding section 212(2) section 5(5)
a: the contract was made before that commencement; and
b: that subsection would have applied but for the operation of section 212(2) 1940 No 31 s 15
17: Salvage
214: Commencement
1: Sections 215 to 220 Schedule 6
2: 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 214(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
215: Interpretation
In this Part, unless the context otherwise requires,— coastal or inland waters Convention Schedule 6 court the freight at risk Section 215 court amended 1 March 2017 section 261 District Court Act 2016
216: Application of Convention
The provisions of the Convention shall have the force of law in New Zealand.
217: Salvage claims against the Crown
Subject to the provisions of the Crown Proceedings Act 1950 1952 No 49 s 367(1)
218: Salvage claims by the Crown
Where salvage operations are rendered by any New Zealand warship, or any other New Zealand State-owned ship, the Crown shall be entitled to claim salvage in respect of those operations to the same extent as any other salvor, and shall have the same rights as any other salvor. 1952 No 49 s 368(1)
219: Apportionment between salvors
A payment in respect of a salvage operation that is due to more than 1 person shall, in the absence of agreement between those persons, be apportioned among those persons in such manner as the court thinks fit, having regard to the terms of the Convention. 1952 No 49 s 366
219A: Salvage for saving life
1: Where services are rendered—
a: wholly or in part within New Zealand waters in saving life from any ship or aircraft, whether or not a New Zealand ship or an aircraft registered in or belonging to New Zealand; or
b: elsewhere in saving life from any New Zealand ship or any aircraft which is registered in or belongs to New Zealand,— there is payable to the salvor by the owner of the ship or aircraft or cargo or equipment saved a reasonable amount of salvage, to be determined in case of dispute in the manner set out in subsections (2) and (3).
2: Salvage in respect of the preservation of life, when payable by the owners of the ship or aircraft, is payable in priority to all other claims for salvage.
3: Where the ship or aircraft and its cargo and equipment are destroyed, or the value of it is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in respect of the preservation of life, the Minister may in his or her discretion award to the salvor, out of any money appropriated by Parliament for the purpose, such sum as he or she thinks fit in whole or part satisfaction of any amount of salvage so left unpaid. 1952 No 49 s 356 Section 219A inserted 9 June 1999 section 23 Maritime Transport Amendment Act 1999
220: Actions for indemnity
Any person who—
a: is liable to pay a payment in respect of a salvage operation; and
b: is indemnified against that liability— shall take action to enforce that indemnity within 2 years of the liability arising and, in the event of failure to do so, that right of enforcement shall no longer be available to that person.
18: Preliminary provisions relating to marine pollution
221: Commencement of provisions relating to marine pollution
1: Sections 222 224 Parts 19 to 27 sections 469 470 471(2) 472 473 474 475(2) 476 to 481 484 485(2) Schedule 7
2: 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 221(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
222: Interpretation
1: In this Part and in Parts 19 to 28 agent agent of the ship
a: any agent in New Zealand of the owner of the ship; and
b: any agent for the ship Annex VI Annex VI requirements Annex VI substance Civil Liability Convention section 342 CLC owner section 342 CLC ship section 342 CLC State section 342 controlled offshore installation section 257 discharge
a: includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but
b: does not include—
i: dumping in accordance with a permit issued by the Director under section 262
ii: the release of harmful substances for the purposes of legitimate scientific research into pollution abatement and control dumping section 257 emergency dumping permit section 257 exclusive economic zone of New Zealand section 9 , Contiguous Zone, exclusive economic zone fuel oil Fund Convention section 370 harmful substance section 225 London Convention section 257 marine incineration facility section 257 marine oil spill contingency plan section 281 marine operations marine protection convention Parts 19 to 27 marine protection document
a: any permit issued by the Director under section 262 262A
b: any certificate of insurance issued, recognised, or accepted by the Director under section 363 363A 385H
c: any permit, certificate, licence, or other document issued or recognised by the Director under section 270 section 271 marine protection product
a: anything or any substance specified as a marine protection product for the purposes of this definition by the marine protection rules; and
b: anything that comprises, or is intended to comprise, any part of a ship, offshore installation, or pipeline, or that is or is intended to be installed on or fitted or supplied to a ship, offshore installation, or pipeline for the purpose of preventing, limiting, or controlling a discharge or the escape of a harmful substance, ballast water, or an Annex VI substance, including (but not limited to)—
i: any plant or equipment that treats or is intended to treat a harmful substance, ballast water, or an Annex VI substance; and
ii: any plant or equipment that monitors or is intended to monitor the discharge or escape of a harmful substance, ballast water, or an Annex VI substance; and
c: any substance used or intended to be used for the dispersal or emulsification of a harmful substance or ballast water in the sea marine protection rules Part 27 MARPOL section 225 mineral section 2(1) mining activity section 225 mining discharge section 225 National On-Scene Commander section 281 New Zealand aircraft section 2 New Zealand continental waters
a: New Zealand marine waters; and
b: the waters beyond the outer limits of the exclusive economic zone of New Zealand but over the continental shelf of New Zealand New Zealand marine waters
a: the territorial sea of New Zealand; and
b: the waters of the exclusive economic zone of New Zealand New Zealand Oil Pollution Fund section 281 New Zealand structure section 257 noxious liquid substance section 225 offshore installation installation offshore terminal oil Parts 25 26 26A oil transfer site section 281 on-scene commander section 281 owner pipeline pollution incident section 225 region Local Government Act 2002 regional council council Local Government Act 2002
a: any territorial authority that has, by reason of the transfer to it under section 17
b: the Chatham Islands Council regional marine oil spill contingency plan section 281 regulated oil tanker section 342 regulated ship section 342 seabed shipboard marine oil spill contingency plan section 281 site marine oil spill contingency plan section 281 structure section 257 toxic or hazardous waste section 257 transfer transfer facility section 225 waste or other matter section 257
1A: In this Part and in Parts 19 to 30 reception facility
a: harmful substances from ships (as defined in section 2(1)
b: sediment (as defined in section 444A(3)
c: Annex VI substances from ships (within the meaning of MARPOL) ship
2: In this Part, Parts 19 to 27 section 418 owner
a: in relation to any ship (except in the circumstances, and to the extent, provided in sections 343 370
i: any person who is the legal or equitable owner, or both, of the ship; and
ii: any person in possession of the ship; and in Parts 19 20 21 section 344
iii: any charterer, manager, or operator of the ship, or any other person (other than a pilot) responsible for the navigation or management of the ship:
b: in relation to an offshore installation, includes—
i: the person having any right, privilege, or licence to explore for or exploit minerals in connection with which the installation is being, has been, or is to be used; and
ii: the manager, lessee, licensee, or operator of the installation; and
iii: any agent or employee of the owner, manager, lessee, or licensee, or operator of the installation, or the person in charge of any operations connected with the installation:
c: in relation to a pipeline, includes any manager, lessee, licensee, or operator of the pipeline, or the person in charge of the pipeline:
d: in relation to an oil transfer site, includes any manager, lessee, licensee, or operator of the transfer site or the person in charge of the site.
3: Unless the context otherwise requires, any term defined in this section or any of sections 225 247 257 281 329 342 370 Parts 19 to 28
4: The Governor-General may from time to time, by Order in Council, declare—
a: that any specified international convention, protocol, or agreement relating to the protection of the marine environment from pollution, to which New Zealand is a party, shall be a marine protection convention for the purposes of this Part and Parts 19 to 27
b: that any specified amendment to, or revision of, any such instrument shall form part of that instrument for any such purposes.
5: An order under subsection (4) is secondary legislation ( see Part 3 1974 No 14 s 2 1980 No 53 s 2 1990 No 34 s 2 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 222(1) Annex VI inserted 16 November 2021 section 4(1) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(1) Annex VI inserted 16 November 2021 section 4(1) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(1) Annex VI substance inserted 16 November 2021 section 4(1) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(1) discharge replaced 16 November 2021 section 4(2) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(1) emergency dumping permit inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 222(1) exclusive economic zone of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 222(1) fuel oil inserted 16 November 2021 section 4(1) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(1) harbourmaster repealed 23 October 2013 section 41(1) Maritime Transport Amendment Act 2013 Section 222(1) marine protection document amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 222(1) marine protection document amended 1 October 2014 section 91 Maritime Transport Amendment Act 2013 Section 222(1) marine protection product replaced 16 November 2021 section 4(3) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(1) mining activity inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 222(1) mining discharge inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 222(1) New Zealand structure inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 222(1) oil amended 23 October 2013 section 41(3) Maritime Transport Amendment Act 2013 Section 222(1) reception facility repealed 16 November 2021 section 4(4) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(1) region substituted 1 July 2003 section 262 Local Government Act 2002 Section 222(1) regional council council substituted 1 July 2003 section 262 Local Government Act 2002 Section 222(1) structure inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 222(1A) inserted 16 November 2021 section 4(5) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 222(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
223: Application of Parts 19 to 27 to ships of New Zealand Defence Force
1: Without limiting section 4(2) Parts 19 to 27
2: Despite subsection (1), Annex VI requirements do not apply to ships referred to in that subsection. Section 223(2) inserted 16 November 2021 section 5 Maritime Transport (MARPOL Annex VI) Amendment Act 2021
224: Application of certain provisions of Parts 19 to 28
1: Notwithstanding anything in any other enactment, criminal proceedings shall not be commenced against a natural person in respect of a contravention of any provision of any of Parts 19 to 28
a: a New Zealand citizen; or
b: a person who is ordinarily resident in New Zealand; or
c: any other person with the consent of the Attorney-General on his or her certificate that it is expedient that they be commenced.
2: Notwithstanding subsection (1), a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further proceedings may be taken against a person who is neither a New Zealand citizen nor ordinarily resident in New Zealand, until the Attorney-General’s consent under subsection (1) has been obtained.
3: If any person alleges that he or she is not a New Zealand citizen, nor ordinarily resident in New Zealand, the onus of proof shall be on that person to prove that allegation.
19: Protection of marine environment from harmful substances
224A: Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of discharges
1: This section describes how the discharge of harmful substances is regulated under this Part and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
2: This Part regulates—
a: the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone:
b: the discharge of harmful substances (other than a mining discharge) into the sea above the continental shelf beyond the exclusive economic zone and the seabed below that sea from a New Zealand ship or from a foreign ship involved in a mining activity:
c: the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea.
3: In relation to the discharge of harmful substances, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
a: discharges into the exclusive economic zone and into or onto the seabed below it from—
i: structures:
ii: submarine pipelines:
iii: ships, if the discharge is a mining discharge:
b: discharges into or onto the continental shelf beyond the exclusive economic zone or into the sea above that part of the continental shelf from—
i: New Zealand structures:
ii: structures (other than New Zealand structures) involved in a mining activity:
iii: submarine pipelines:
iv: ships, if the discharge is a mining discharge. Section 224A inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
225: Interpretation
In this Part, unless the context otherwise requires,— harmful substance MARPOL mining activity
a: the identification of areas of the seabed likely to contain mineral deposits; or
b: the identification of mineral deposits; or
c: the taking or extraction of minerals from the sea or seabed, and associated processing of those minerals mining discharge noxious liquid substance pollution incident Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 transfer facility 1974 No 14 s 2(1), (3) Section 225 discharge repealed 16 November 2021 section 6 Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 225 marine protection product repealed 16 November 2021 section 6 Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 225 mining activity inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 225 mining discharge inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 225 pollution incident amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 225 reception facility repealed 16 November 2021 section 6 Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Obligations to protect marine environment from harmful substances
226: Harmful substances not to be discharged into sea or seabed of exclusive economic zone or continental shelf
1: This section applies to the discharge of harmful substances (other than a mining discharge).
2: Harmful substances must not be discharged from a ship—
a: into the sea within the exclusive economic zone; or
b: into or onto the seabed below that sea.
3: Harmful substances must not be discharged from a New Zealand ship or from a foreign ship that is involved in mining activity—
a: into the sea beyond the outer limits of the exclusive economic zone but over the continental shelf; or
b: into or onto the seabed below that sea.
4: However, a harmful substance may be discharged if the substance is discharged in accordance with the marine protection rules. Section 226 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
226A: Harmful substances not to be discharged into sea or seabed beyond New Zealand continental waters from New Zealand ships
1: Harmful substances must not be discharged from a New Zealand ship—
a: into the sea beyond New Zealand continental waters; or
b: onto or into the seabed below that sea.
2: However, a harmful substance may be discharged if the substance is discharged in accordance with the marine protection rules. Section 226A inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
227: Duty to report discharge or escape of harmful substances
1: This section applies to the discharge or escape of a harmful substance into the sea, or onto or into the seabed, in breach of—
a: section 226 226A
b: section 15B
c: section 20B 20C
2: Notice of the discharge or escape must be given,—
a: if the discharge or escape occurred beyond New Zealand continental waters, to the Director; or
b: if the discharge or escape occurred within the internal waters or the territorial sea, to the Director and the regional council within whose region the discharge or escape occurred; or
c: if the discharge or escape occurred in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority.
3: Each of the following persons is under a duty to give notice of the discharge or escape of a harmful substance:
a: if the discharge or escape was from a ship, the owner and the master of the ship:
b: if the discharge or escape was from an offshore installation, the owner of the installation:
c: if the discharge or escape was from a pipeline, the owner of the pipeline:
d: if the discharge or escape was a result of a marine operation, the person in charge of and the person carrying on the operation.
4: If one person gives notice of the discharge or escape of a harmful substance in accordance with subsection (3), no other person is required to give notice of the discharge or escape.
5: If the discharge or escape of a harmful substance breaches section 226A
6: This section applies whether or not a defence may be available under this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 227 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
228: Notice of pollution incidents
1: This section applies to a pollution incident involving—
a: a ship in the internal waters of New Zealand or New Zealand marine waters; or
b: a ship involved with marine operations or an offshore installation or pipeline within New Zealand continental waters; or
c: any marine operations within New Zealand continental waters.
1A: Notice of the pollution incident must be given—
a: to the Director; or
b: if the incident occurs in the internal waters or the territorial sea, to the Director and the regional council in whose region the incident occurs; or
c: if the incident occurs in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority.
2: Each of the following persons shall be under a duty to give notice of the occurrence of a pollution incident in accordance with subsection (1):
a: if a ship is involved, the master of the ship:
b: if an offshore installation is involved, the owner of the offshore installation:
c: if a pipeline is involved, the owner of the pipeline:
d: if marine operations are involved, the person in charge of and the person carrying out those operations.
3: The giving of notice of a pollution incident in accordance with subsection (1) by one person shall be sufficient to discharge every other person from a duty to give such notice in respect of that pollution incident.
4: Where any pollution incident involving a New Zealand ship occurs beyond the outer limits of the exclusive economic zone of New Zealand, the master of the ship shall, as soon as is practicable, report the incident to the appropriate authority of the nearest State. 1974 No 14 s 16A 1990 No 34 s 3 Section 228(1) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 228(1A) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
229: Notice of prospective arrival of ship carrying oil or noxious liquid substance
Notice of the arrival at a port in New Zealand of a ship carrying oil, or any noxious liquid substance, in bulk as cargo shall be given prior to its arrival by the master or owner of the ship to the Director or the regional council within whose region the port of prospective arrival is located, in accordance with the requirements of the marine protection rules. 1974 No 14 s 15
230: Notice of transfer of oil or noxious liquid substances to or from ships
No oil or noxious liquid substance—
a: carried in bulk by a ship shall be transferred from that ship in the internal waters, territorial sea, or exclusive economic zone
b: shall be transferred to a ship in the internal waters, territorial sea, or exclusive economic zone unless notice has been given by the master or owner of the ship to the Director or the regional council within whose region the transfer is intended to be made, in accordance with the requirements of the marine protection rules. 1974 No 14 s 14 Section 230(a) amended 23 October 2013 section 42(1) Maritime Transport Amendment Act 2013 Section 230(b) amended 23 October 2013 section 42(2) Maritime Transport Amendment Act 2013
231: Obligations of Director, Environmental Protection Authority, and regional councils to share information concerning notices
1: This section applies if a notice is given under any of sections 227 228 229 230 299
2: The regional council must, without delay, inform the Director of the matters about which it has been notified.
3: The Environmental Protection Authority must, without delay, inform the Director of the matters about which it has been notified.
4: The Director must, without delay, inform—
a: a regional council of the matters about which the Director has been notified if the matters have occurred or may occur in the region of the council; or
b: the Environmental Protection Authority of the matters about which the Director has been notified if the matters have occurred or may occur in New Zealand continental waters. Section 231 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Powers of Director in relation to protection of marine environment from harmful substances
232: Director may require provision of financial security
1: This section applies if the Director has reasonable cause to believe that a harmful substance has been discharged or has escaped from a ship in breach of this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
1A: The Director may require the owner of the ship to provide a contract of insurance or other financial security of a kind and for an amount that is sufficient security for the payment of any amounts that may be payable by the owner, or the master of the ship, under this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
2: The Director shall not exercise his or her powers under subsection (1A) section 363 Section 232(1) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 232(1A) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 232(2) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
233: Rectification of hazardous conditions
1: This section applies if the Director believes on reasonable grounds that the conditions on a ship, offshore installation, or pipeline—
a: have been or are likely to be responsible for a discharge or escape of a harmful substance into the sea or onto or into the seabed in breach of this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: pose an unreasonable threat of harm to the marine environment.
1A: The Director may require the owner of the ship, offshore installation, or pipeline to take all necessary steps to rectify the conditions.
2: Any owner of any ship, offshore installation, or pipeline whom the Director requires to do anything under this section may appeal against that requirement to the District Court section 424 Section 233(1) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 233(1A) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 233(2) amended 1 March 2017 section 261 District Court Act 2016
233A: Power to prohibit transfer of oil or noxious liquid substance
1: The Director may prohibit the transfer of any oil or noxious liquid substance from or to any ship in the internal waters, the territorial sea, or the exclusive economic zone of New Zealand if the Director believes on reasonable grounds that the transfer will pose an unreasonable threat of harm to the marine environment.
2: The owner may appeal against a prohibition under subsection (1) to the District Court section 424 Section 233A inserted 23 October 2013 section 43 Maritime Transport Amendment Act 2013 Section 233A(2) amended 1 March 2017 section 261 District Court Act 2016
234: Precautionary measures in the event of transfer of oil or noxious liquid substance
1: The Director may from time to time, in respect of a ship from which or to which any oil or noxious liquid substance is being or will be transferred in the internal waters or the territorial sea of New Zealand, take, or require the owner or master of that ship to take, any measures that the Director believes on reasonable grounds will remove, contain, or render harmless, any oil or noxious liquid substance that may be spilt as a result of that transfer.
2: An owner of a ship whom the Director requires to do anything under this section may appeal against that requirement to the District Court section 424 Section 234(2) amended 1 March 2017 section 261 District Court Act 2016
235: Powers of investigation of Director
1: The Director may investigate any discharge or escape of a harmful substance in breach of this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
2: For the purposes of carrying out an investigation under this section, the Director (or a person authorised for the purpose by the Director) may—
a: make inquiries from any person who he or she has reason to believe is in possession of information that may lead to discovery of the cause of the discharge or escape or pollution incident:
b: issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any documents or things in that person’s possession or under that person’s control that are relevant to the subject of the investigation:
c: take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances:
d: require a person to reproduce, or to allow the Director (or authorised person) to reproduce, in usable form any information recorded or stored on a document electronically or by other means.
3: A person who is required by the Director (or an authorised person) to do anything under subsection (2) has the same privileges and immunities as a person giving evidence before a commission of inquiry has under section 6
4: A summons under this section may be served in the same manner as a summons served under section 5
5: For the purposes of this section, document
a: any writing on or in any material; and
b: information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and
c: a record, book, graph, or drawing; and
d: a photograph, film, negative, tape, disk, or other device in which 1 or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced.
6: A person who fails without reasonable cause to comply with a requirement made under subsection (2) commits an offence and is liable on conviction Section 235 substituted 9 June 1999 section 25 Maritime Transport Amendment Act 1999 Section 235(1) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 235(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
235A: Additional powers of Director
For the purposes of an investigation under section 235
a: prohibit or restrict access of persons or classes of persons to the site of the discharge, escape, or pollution incident to which the investigation relates, if the Director believes on reasonable grounds that it is necessary to preserve or record evidence, or to prevent the tampering with or alteration, mutilation, or destruction of any thing involved in the discharge, escape, or pollution incident:
b: collect oil samples:
c: seize, detain, remove, preserve, protect, or test any thing that the Director believes on reasonable grounds will assist in establishing the cause of the discharge, escape, or pollution incident. Section 235A inserted 9 June 1999 section 25 Maritime Transport Amendment Act 1999
236: Power to require reception facilities
Section 236 repealed 16 November 2021 section 7 Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Offences in respect of discharge or escape of harmful substances into sea or seabed
237: Discharge or escape of harmful substances from ship into sea or seabed
1: If a harmful substance is discharged or escapes from a ship into the sea or onto or into the seabed in breach of section 226 226A
2: If the discharge or escape results from intentional damage caused by a person other than the master or the owner of the ship, the person who caused the damage commits an offence. Section 237 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
238: Failure to report discharge of harmful substance into sea or seabed
If, without reasonable excuse, notice of discharge or escape of a harmful substance is not given in accordance with section 227
a: if the discharge or escape was from a ship, the master and owner of the ship:
b: if the discharge or escape was from an offshore installation, the owner of the offshore installation:
c: if the discharge or escape was from a pipeline, the owner of the pipeline:
d: if the discharge or escape was a result of any marine operations, the person in charge of and the person carrying on the marine operations.
239: Failure to notify pollution incidents
If, without reasonable excuse, notice of the occurrence of a pollution incident is not given in accordance with section 228
a: if the pollution incident involved a ship, the master and owner of the ship:
b: if the pollution incident involved an offshore installation, the owner of the offshore installation:
c: if the pollution incident involved a pipeline, the owner of the pipeline:
d: if the pollution incident involved any marine operations, the person in charge of and the person carrying on the marine operations.
240: Failure to notify arrival of ship carrying oil or noxious liquid substance
The master and the owner of a ship commit an offence if, without reasonable excuse, the ship arrives at a port in New Zealand carrying oil, or any noxious liquid substance, in bulk as cargo without notice of its arrival having been given in accordance with the provisions of section 229
241: Failure to notify transfer of oil or noxious liquid substance from or to ships
If, without reasonable excuse, any oil or noxious liquid substance is transferred to or from a ship in the internal waters, territorial sea, or exclusive economic zone section 230
a: the master of the ship to or from which the oil or noxious liquid substance has been transferred:
b: the owner of the ship to or from which the oil or noxious liquid substance has been transferred:
c: the owner of any transfer facility to or from which the oil or noxious liquid substance has been transferred. Section 241 amended 23 October 2013 section 44 Maritime Transport Amendment Act 2013
242: Failure to comply with requirement of Director
Every person commits an offence who fails to comply with a requirement of the Director under any of sections 232 233 234 444A Section 242 amended 16 November 2021 section 8 Maritime Transport (MARPOL Annex VI) Amendment Act 2021
242A: Failure to comply with prohibitions
If, without reasonable excuse, any oil or noxious liquid substance is transferred to or from a ship in the internal waters, territorial sea, or exclusive economic zone of New Zealand contrary to any prohibition under section 233A
a: the master of the ship to or from which the oil or noxious liquid substance has been transferred:
b: the owner of the ship to or from which the oil or noxious liquid substance has been transferred:
c: the owner of any transfer facility to or from which the oil or noxious liquid substance has been transferred. Section 242A inserted 23 October 2013 section 45 Maritime Transport Amendment Act 2013 Defences
243: Defences to offence against section 237
It is a defence to proceedings for an offence against section 237
a: the harmful substance was discharged for the purpose of securing the safety of a ship or for the purpose of saving life, and the discharge was a reasonable step to take to effect that purpose; or
b: the harmful substance escaped as a consequence of damage to the ship or its equipment and—
i: the damage occurred without the negligence or deliberate act of the defendant; and
ii: as soon as practicable after the damage occurred, all reasonable steps were taken to prevent the escape of the harmful substance or, if an escape could not be prevented, to minimise the escape. Section 243 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Penalties
244: Penalties in respect of sections 237, 238, 239, and 242
1: Subject to subsection (2), every person who commits an offence against section 237 on conviction
a: to imprisonment for a term not exceeding 2 years or a fine not exceeding $200,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued; and
b: to pay such amount as the court may assess in respect of the costs incurred in respect of or associated with removing, containing, rendering harmless, or dispersing any harmful substance discharged as a result of the offence; and
c: to an additional penalty under section 409
2: The court shall not sentence to imprisonment any person who commits an offence against section 237
a: where the person is the master or owner of a foreign ship,—
i: that the offence was committed within the territorial sea; and
ii: that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment within the territorial sea; and
iii: that the commission of the offence has caused or is likely to cause serious damage to the marine environment within the territorial sea:
b: in any other case,—
i: that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment; and
ii: that the commission of the offence has caused or is likely to cause serious damage to the marine environment.
3: Every person who commits an offence against section 238 section 239 section 242 on conviction
a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:
b: in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:
c: in the case of an individual who, or a body corporate that, commits an offence against section 238 section 409 United Nations Convention on the Law of the Sea art 230 Section 244(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 244(2) substituted 1 August 1996 Maritime Transport Amendment Act 1996 Section 244(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 244 compare note added 1 August 1996 Maritime Transport Amendment Act 1996
245: Penalties in respect of sections
240, 241, and 242A Every person who commits an offence against section 240 241 242A on conviction
a: in the case of an individual, to a fine not exceeding $5,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence is continued:
b: in the case of a body corporate, to a fine not exceeding $50,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued. Section 245 heading amended 23 October 2013 section 46(1) Maritime Transport Amendment Act 2013 Section 245 amended 23 October 2013 section 46(2) Maritime Transport Amendment Act 2013 Section 245 amended 1 July 2013 section 413 Criminal Procedure Act 2011
246: Amount of fine or other monetary penalty recoverable from agent
1: Notwithstanding any enactment or rule of law to the contrary, if any master or owner of a ship—
a: is convicted of an offence against section 237
b: makes default in the payment of any fine or other monetary penalty imposed by the court under section 244 the Crown may recover as a debt from the agent of the ship such amount of that fine or monetary penalty as remains unpaid.
2: Every agent of a ship who, under subsection (1), pays any fine or other monetary penalty imposed on the master or owner of the ship shall be entitled to recover the amount so paid from that master or owner as a debt or deduct that amount out of or from any money which is or becomes payable by that agent to that master or owner; and any amount so paid by the agent shall, for the purposes of section 4(1)﻿(p)
3: Notwithstanding anything in the District Court Act 2016 Section 246(3) amended 1 March 2017 section 261 District Court Act 2016
19A: Protection of marine environment from ballast water
Part 19A inserted 8 September 2017 section 86(5) Biosecurity Law Reform Act 2012
246A: Meaning of ballast water, convention, and ship
1: Ballast water
2: Convention
a: this section; and
b: sections 271(2)﻿(ca) 272(1)﻿(aa) 388(n)
3: Ship
a: means a ship within the meaning of the convention, in sections 197A 246B to 246D 271(2)﻿(ca) 388(n) 396(3)﻿(aa) 397(2)﻿(ca), and 397(3)
b: includes a ship within the meaning of the convention, in sections 396(1)﻿(c) and (3)﻿(c) 397(1) and (2)﻿(d) to (g) Section 246A inserted 8 September 2017 section 86(5) Biosecurity Law Reform Act 2012
246B: Discharge from ships
1: Ballast water may be discharged from a ship only in accordance with the applicable marine protection rules.
2: Subsection (1) applies to—
a: a ship in—
i: the territorial sea of New Zealand; or
ii: the internal waters of New Zealand; or
iii: the exclusive economic zone of New Zealand; and
b: a ship that is a New Zealand ship in the sea beyond the outer limits of the exclusive economic zone of New Zealand. Section 246B inserted 8 September 2017 section 86(5) Biosecurity Law Reform Act 2012
246C: Offence
1: This section applies if ballast water is discharged from a ship in breach of section 246B
2: The master or owner of the ship commits an offence.
3: A person who is not the master or owner of the ship and who causes intentional damage resulting in the discharge of the ballast water commits an offence.
4: A person who commits an offence under this section is liable to—
a: imprisonment for a term not exceeding 2 years; or
b: a fine or fines as follows:
i: a fine not exceeding $200,000; and
ii: if the offence is a continuing one, a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.
5: Section 246 section 237 Section 246C inserted 8 September 2017 section 86(5) Biosecurity Law Reform Act 2012
246D: Defences
1: This section sets out defences to proceedings for an offence against section 246C
2: The defendant has a defence if the defendant proves that the discharge—
a: was for the purpose of saving life; and
b: was a reasonable step to take to achieve the purpose.
3: The defendant has a defence if the defendant proves that the discharge—
a: was for the purpose of securing the safety of a ship; and
b: was a reasonable step to take to achieve the purpose.
4: The defendant has a defence if the defendant proves that—
a: the ballast water escaped as a consequence of damage to—
i: a ship or its equipment; or
ii: apparatus other than a ship used in connection with marine operations; or
iii: a pipeline; and
b: the damage did not result from the defendant's negligence or deliberate act; and
c: as soon as practicable after the damage occurred, all reasonable steps were taken—
i: to prevent the escape; or
ii: if the escape could not be prevented, to minimise the escape. Section 246D inserted 8 September 2017 section 86(5) Biosecurity Law Reform Act 2012
246E: Director's powers
1: The Director may investigate a discharge or escape of ballast water.
2: For the purposes of carrying out the investigation, the Director may—
a: make inquiries of a person who the Director has reason to believe is in possession of information that may assist in establishing the cause of the discharge or escape:
b: issue a summons requiring a person to—
i: attend at the time and place specified in the summons:
ii: give evidence:
iii: produce documents or things in his or her possession or control that are relevant to the subject of the investigation:
c: remove a document from the place where it is kept and take possession of it for a period of time that is reasonable in the circumstances:
d: require a person to reproduce in a usable form information recorded or stored on a document, electronically or otherwise, or allow the Director to reproduce it:
e: prohibit or restrict access by persons or classes of persons to the site of the discharge or escape to which the investigation relates, if the Director believes on reasonable grounds that prohibiting or restricting access is necessary to—
i: preserve or record evidence; or
ii: prevent any thing involved in the discharge or escape being tampered with, altered, mutilated, or destroyed:
f: seize, detain, remove, preserve, protect, or test any thing that the Director believes on reasonable grounds may assist in establishing the cause of the discharge or escape.
3: The Director may authorise a person to carry out an action described in subsection (2).
4: Section 5 Definition for this section
5: In this section, document Section 246E inserted 8 September 2017 section 86(5) Biosecurity Law Reform Act 2012
246F: Person subject of exercise of Director's powers
1: A person required to do anything under section 246E(2) section 6
2: A person required to do anything under section 246E(2) Section 246F inserted 8 September 2017 section 86(5) Biosecurity Law Reform Act 2012
20: Protection of marine environment from hazardous ships, structures, and offshore operations
247: Interpretation
In this Part, unless the context otherwise requires,— harmful substance
a: any substance specified as a harmful substance for the purposes of section 225
b: any hazardous substance other than oil hazardous marine operations hazardous offshore installation hazardous pipeline hazardous ship or in New Zealand continental waters, or on the high seas and hazardous structure hazardous substance other than oil
a: means a substance—
i: contained in the list of substances that is annexed to the Intervention Protocol and amended from time to time by the International Maritime Organization; or
ii: that is likely to create hazards to human health, harm living resources and marine life, damage amenities, or interfere with other legitimate uses of the sea; and
b: includes a substance within the meaning of Article 2(a) or (b) of the Intervention Protocol that is specified in the marine protection rules as a hazardous substance other than oil Intervention Protocol marine interests offshore installation section 222(1) shipping casualty
a: a collision of ships:
b: the loss, stranding, or abandonment of a ship:
c: any other event occurring on board, outside, or to a ship, resulting in material damage or the risk of material damage to a ship, or cargo, or both structure Section 247 hazardous ship amended 23 October 2013 section 47(1) Maritime Transport Amendment Act 2013 Section 247 harmful substance inserted 23 October 2013 section 47(2) Maritime Transport Amendment Act 2013 Section 247 hazardous substance other than oil inserted 23 October 2013 section 47(2) Maritime Transport Amendment Act 2013 Section 247 Intervention Protocol inserted 23 October 2013 section 47(2) Maritime Transport Amendment Act 2013
248: Powers of Director in relation to hazardous ships
1: In the case of a ship that, in the opinion of the Director, is a hazardous ship, the Director may from time to time—
a: issue any instructions to the master, owner, or agent of the ship, or to any person in charge of any salvage operation in respect of the ship and an employee or agent of that person, with respect to the ship, or its cargo, or both:
b: take any measures with respect to the ship, or its cargo, or both, including taking over control of the ship.
2: Without limiting subsection (1), that subsection authorises the Director to take, or to require any person referred to in paragraph (a) of that subsection to take, all or any of the following measures:
a: the removal of the ship to another place:
b: the removal of cargo from the ship:
c: the salvage of the ship, or its cargo, or both:
d: the sinking or destruction of the ship, or its cargo, or both.
3: The Director shall use reasonable endeavours to notify the master, owner, or agent of the ship of any measures the Director proposes to take under subsection (1) or subsection (2) with respect to the ship, or its cargo, but the Director shall not be obliged to give such notification where, in his or her opinion, the urgency of the situation is such that the measures must be taken immediately.
4: In order to carry out, or assist in carrying out, any measures taken under this section, after making reasonable endeavours to consult the owner, or the agent, of the ship to whose master the instructions are to be given, the Director may from time to time—
a: instruct the master of any New Zealand ship, or of any other ship within the internal waters of New Zealand or New Zealand continental waters, to render assistance to a ship that, in the opinion of the Director, is a hazardous ship; and
b: instruct the master of any New Zealand ship to do all or any of the following:
i: take on board any item or equipment:
ii: sail to any place:
iii: render assistance to a ship assisting a ship that, in the opinion of the Director, is a hazardous ship:
iv: assist in operations for the cleaning up and control of a harmful substance.
5: For the purposes of this section, ship Section 248(5) inserted 23 October 2013 section 48 Maritime Transport Amendment Act 2013
249: Powers of Director in relation to hazardous structures and operations
1: In the case of a structure that, in the opinion of the Director, is a hazardous structure, the Director may from time to time—
a: issue any instructions to the owner of the structure with respect to the structure:
b: take any measure with respect to the structure.
2: Subsection (1) includes power to take or require to be taken either or both of the following measures:
a: the removal to another place of the structure:
b: the sinking or destruction of the structure.
3: In the case of marine operations that, in the opinion of the Director, are hazardous marine operations, the Director may from time to time—
a: issue any instructions to the owner, or the person in charge, of the marine operations:
b: take, or require that owner or person in charge to take, any measures with respect to the marine operations.
4: The Director shall use reasonable endeavours to notify the owner of a structure, or the owner or person in charge of marine operations, of any measures the Director proposes to take under this section with respect to the structure or marine operations, but the Director shall not be obliged to give such notification where in his or her opinion the urgency of the situation is such that the measures must be taken immediately.
250: Exercise of power by Director
1: The Director must not issue any instructions, or take any measures, under section 248 249
a: a hazardous substance other than oil; or
b: oil or any other harmful substance that is causing, will cause, or will be likely to cause serious harmful consequences to the marine environment or marine interests.
2: The Director must notify the Environmental Protection Authority as soon as practicable after the Director decides to issue instructions or take measures if the instructions or measures (which the Director intends to issue or take) affect the exclusive economic zone or New Zealand continental waters. Section 250 replaced 23 October 2013 section 49 Maritime Transport Amendment Act 2013 Section 250(2) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
251: Right to compensation
1: Any person who has incurred expense, or suffered loss or damage, as a result of any action duly taken under instructions issued by the Director under section 248 section 249
a: was not reasonably necessary—
i: to protect the marine environment or marine interests from a harmful substance; or
ii: to prevent or reduce the risk of a harmful substance being discharged into the sea; or
b: was such that the good done by the action or measure, or the good likely to be done, was disproportionately less than the expense incurred, or the loss or damage suffered, as a result of that action or that measure.
2: Where a claim is brought against the Crown for compensation under this section, the court, in determining whether subsection (1)﻿(b) applies, shall take into account—
a: the probability of a harmful substance being discharged into the sea if the action or measure had not been taken; and
b: the likelihood of the action or measure taken being effective; and
c: the extent of the loss or the damage which has been caused by the action or measure taken. 1974 No 14 s 27
252: Compliance with instructions
Every person shall comply with the instructions given by the Director under section 248 section 249
253: Offences
1: Every person commits an offence who—
a: fails to comply with any instructions issued by the Director under section 248 section 249
b: wilfully obstructs a person acting in compliance with any instructions issued by the Director under either of those sections; or
c: wilfully obstructs the Director in carrying out any of the powers conferred on the Director by either of those sections.
2: It shall be a defence to proceedings for an offence against this section to prove that the action, or failure to act, which is alleged to constitute the offence resulted from the need to save life at sea.
3: It shall be an additional defence to an offence against subsection (1)﻿(a) to prove that the person charged complied as promptly as possible with the instructions.
4: Every person who commits an offence against this section is liable on conviction
5: The court shall not sentence to imprisonment any person who commits an offence against this section unless the court is satisfied that—
a: either—
i: the person intended to commit the offence; or
ii: the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that the act or omission would be likely to cause serious damage to the marine environment; and
b: the commission of the offence has caused or is likely to cause serious damage to the marine environment. Section 253(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
254: Instructions under this Part that conflict with other instructions
1: If a harbourmaster or any other person gives, under Part 3A harbourmaster’s instructions section 248 section 249 Director’s instructions
2: If the Director becomes aware of any conflict between any Director’s instructions and any harbourmaster’s harbourmaster’s
3: The Director must not issue Director’s instructions that conflict with the exercise of a power by—
a: a person under Part 5
b: the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002
c: any constable section 10 Section 254(1) substituted 9 June 1999 section 26(1) Maritime Transport Amendment Act 1999 Section 254(1) amended 23 October 2013 section 50 Maritime Transport Amendment Act 2013 Section 254(2) amended 9 June 1999 section 26(2) Maritime Transport Amendment Act 1999 Section 254(3) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 254(3)﻿(b) replaced 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016 Section 254(3)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
255: Minister’s power of direction
1: The Minister may, if he or she considers that having regard to the circumstances it is expedient to do so, give directions to the Director in respect of the performance of any function or duty or the exercise of any power under this Part, and the Director shall comply with such directions.
2: The Minister shall not give directions under subsection (1) that conflict with the exercise of the powers referred to in section 254(3)
3: Sections 250 251 section 248
4: Where any direction has been made by the Minister under subsection (1), the Minister shall, as soon as practicable, lay before the House of Representatives a copy of the direction in written form.
5: For the avoidance of doubt, a direction under this section is not a direction to the Authority for the purposes of sections 114 115 Section 255(5) added 25 January 2005 section 200 Crown Entities Act 2004
256: Protection of Director and other persons
1: Where—
a: the Director has taken any measures under the provisions of section 248 249
b: any person has complied with any instructions issued under either of those sections,— then, subject to section 251
2: Section 121
3: Nothing in subsection (1) affects the liability of any person under section 344 345 346 Section 256(2) added 25 January 2005 section 200 Crown Entities Act 2004 Section 256(3) inserted 23 October 2013 section 51 Maritime Transport Amendment Act 2013
21: Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes
Part 21 heading replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
257: Interpretation
In this Part, unless the context otherwise requires,— controlled offshore installation
a: in the waters of the exclusive economic zone of New Zealand; or
b: in the waters beyond the outer limits of the exclusive economic zone of New Zealand, but over the continental shelf of New Zealand Convention State dumping
a: means—
i: any deliberate disposal into the sea of wastes or other matter from vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and
ii: any deliberate disposal into the sea of vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and
iii: any storage of wastes or other matter in the seabed and the subsoil of the seabed from vessels, aircraft, platforms, or other structures (other than natural structures) at sea; and
iv: any abandonment or toppling at site of platforms or other structures (other than natural structures) at sea, for the sole purpose of deliberate disposal; but
b: does not include—
i: the disposal into the sea of wastes or other matter incidental to, or derived from, the normal operations of vessels, aircraft, platforms, or other structures (other than natural structures) at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms, or other structures (other than natural structures) at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms, or other structures; or
ii: placement of matter for a purpose other than the mere disposal of them, provided that such placement is not contrary to the aims of the 1996 Protocol to the London Convention; or
iii: abandonment in the sea of matter (for example cables, pipelines, and marine research devices) placed for a purpose other than the mere disposal of them; and
c: does not include the disposal or storage of wastes or other matter directly arising from, or related to, the exploration, exploitation, and associated offshore processing of seabed mineral resources emergency dumping permit section 262A incinerated at sea
a: means the deliberate disposal of waste or other matter by thermal destruction on board a ship, platform, or other artificial structure at sea; but
b: does not include the incineration on board a ship, platform, or other artificial structure at sea of waste or other matter generated during the normal operation of that ship, platform, or other structure at sea London Convention marine incineration facility New Zealand marine incineration facility
a: a New Zealand citizen; or
b: a person who is ordinarily resident in New Zealand; or
c: a company registered under Companies Act 1993 New Zealand structure
a: a New Zealand citizen; or
b: a person who is ordinarily resident in New Zealand; or
c: a company registered under the Companies Act 1993 radioactive waste or other radioactive matter section 5(1) structure toxic or hazardous waste waste or other matter Section 257 dumping substituted 9 June 1999 section 27 Maritime Transport Amendment Act 1999 Section 257 emergency dumping permit inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 257 incinerated at sea inserted 9 June 1999 section 27 Maritime Transport Amendment Act 1999 Section 257 incineration repealed 9 June 1999 section 27 Maritime Transport Amendment Act 1999 Section 257 New Zealand marine incineration facility amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 257 New Zealand structure inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 257 radioactive waste or other radioactive matter amended 7 March 2017 section 99 Radiation Safety Act 2016 Section 257 structure inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
257A: Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of dumping
1: This section describes how the dumping of waste or other matter is regulated under this Part and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
2: This Part regulates the dumping of waste or other matter into the waters beyond the continental shelf.
3: In relation to the exclusive economic zone and the continental shelf, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
a: prohibits—
i: the dumping of radioactive waste or other radioactive matter:
ii: the dumping of toxic or hazardous waste:
iii: the incineration of waste or other matter at sea; and
b: regulates—
i: the disposal of human remains other than ashes:
ii: the dumping of waste or other matter (other than waste or other matter described in paragraph (a)). Section 257A inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Obligations in respect of dumping, storing, and incineration of wastes
258: Dumping of radioactive waste or other radioactive matter
1: Radioactive waste or other radioactive matter shall not be—
a: taken on board any ship or aircraft in New Zealand or in the internal waters of New Zealand or in New Zealand marine waters for the purpose of dumping that radioactive waste or other radioactive matter; or
b: taken on board any ship or aircraft at any controlled offshore installation for the purpose of dumping that radioactive waste or other radioactive matter; or
c: dumped from any ship or aircraft into the sea above the continental shelf beyond the outer limits of the exclusive economic zone; or
d:
e: dumped from any New Zealand ship or any New Zealand aircraft into the sea or onto or into the seabed beyond New Zealand continental waters.
2: No person may incinerate radioactive waste or other radioactive matter at sea—
a: in the internal waters of New Zealand; or
b: beyond New Zealand continental waters on a New Zealand ship, a New Zealand structure, or a New Zealand aircraft.
3: No person may export radioactive waste or other radioactive matter to another country for dumping at sea or incineration at sea. 1974 No 14 s 21A 1980 No 53 s 4 Section 258(1)﻿(c) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 258(1)﻿(d) repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 258(2) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 258(3) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
259: Storing of radioactive waste or other radioactive matter
Section 259 repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
260: Storing of toxic or hazardous waste
Section 260 repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
261: Dumping and incineration of waste or other matter
1: No person may dump waste or other matter from a New Zealand ship or a New Zealand aircraft or a New Zealand structure into the sea, or into or onto the seabed, beyond New Zealand continental waters, unless the dumping is authorised by—
a: a permit issued under section 262
b: a permit issued by a Convention State; or
c: an emergency dumping permit issued under section 262A
2: No person may dump a New Zealand ship or a New Zealand aircraft or a New Zealand structure into the sea or onto or into the seabed beyond New Zealand continental waters, unless the dumping is authorised by—
a: a permit issued under section 262
b: a permit issued by a Convention State; or
c: an emergency dumping permit issued under section 262A
3: No person may incinerate waste or other matter at sea—
a: in the internal waters of New Zealand; or
b: beyond New Zealand continental waters on a New Zealand ship, a New Zealand structure, or a New Zealand aircraft.
4: No person may export waste or other matter to another country for dumping at sea or incineration at sea.
5: No person may take waste or other matter on board a ship or an aircraft in New Zealand, or within the internal waters of New Zealand or New Zealand continental waters, for the purpose of dumping that waste or other matter within any of those waters unless the dumping is authorised by—
a: a resource consent granted under the Resource Management Act 1991
b: a marine consent granted under Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
c: a permit granted under section 262
6: This section does not—
a: require the Director to obtain a permit under section 262 262A section 248 249
b: apply to the exercise of any of those powers by the Director. Section 261 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 261(5)﻿(b) amended 1 June 2017 section 286(2) Resource Legislation Amendment Act 2017
262: Permits for dumping waste or other matter
The Director may, in accordance with section 270 Section 262 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
262A: Emergency dumping permit
1: This section and section 262B an emergency
2: Any person may apply to the Director, in an emergency, for an emergency dumping permit to dump waste or other matter into the sea beyond New Zealand continental waters (which would otherwise contravene section 261
3: The Director may issue the permit in accordance with section 270
a: an emergency exists; and
b: the dumping of the waste or other matter is necessary to remove or reduce the risk; and
c: there is no practical alternative to the dumping of the waste or other matter.
4: Before the Director issues a permit under subsection (3), the Director must—
a: consult with the appropriate competent authority of any country that is likely to be affected by the dumping of the waste or other matter; and
b: notify the International Maritime Organization that he or she has received an application for an emergency dumping permit. Section 262A inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
262B: Conditions of emergency dumping permit
1: An emergency dumping permit may be granted subject to conditions.
2: The Director must include as a condition on an emergency dumping permit a requirement that the person granted the permit complies with any procedures for dumping recommended by the International Maritime Organization and specified on the permit.
3: Subsection (2) applies only to the extent that the Director considers the conditions practicable after taking into account the urgency of the situation.
4: The Director may include any conditions that he or she considers appropriate to deal with the effects of the dumping of waste or other matter on the environment or on human health or safety, including conditions that require the person issued with the permit to—
a: monitor, and report to the Director on, the exercise of the permit and the effects of the dumping on the environment and human health and safety:
b: keep and maintain records of the waste or other matter dumped and the location of the dumping:
c: provide the Director with any specified information that relates to the permit or its exercise. Section 262B inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Offences
263: Offences in respect of radioactive waste and other radioactive matter
1: The master and the owner of a ship each commits an offence if radioactive waste or other radioactive matter is—
a: taken on board the ship in breach of paragraph (a) or paragraph (b) of section 258(1)
b: dumped from the ship in breach of section 258(1)﻿(c)
c: dumped from the ship (being a New Zealand ship) in breach of section 258(1)﻿(e)
2: The person in possession of, and the owner of, an aircraft each commits an offence if radioactive waste or other radioactive matter is—
a: taken on board the aircraft in breach of paragraph (a) or paragraph (b) of section 258(1)
b: dumped from the aircraft in breach of section 258(1)﻿(c)
c: dumped from the aircraft (being a New Zealand aircraft) in breach of section 258(1)﻿(e)
3: The owner of a controlled offshore installation commits an offence if radioactive waste or other radioactive matter is taken on board any ship or aircraft at the offshore installation in breach of section 258(1)﻿(b)
4:
5: Section 263 heading replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 263(3) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 263(4) repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 263(5) repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
264: Offences in respect of dumping and incineration of waste and other matter
1: The master and the owner of a ship each commits an offence if waste or other matter is—
a: taken on board the ship in breach of section 261(5)
b:
c: dumped from the ship (being a New Zealand ship) in breach of section 261(1)
2: The master and owner of a ship each commits an offence if the ship (being a New Zealand ship) is dumped in breach of section 261(2)
3: A person in possession, and the owner, of an aircraft each commits an offence if waste or other matter is—
a: taken on board the aircraft in breach of section 261(5)
b:
c: dumped from the aircraft (being a New Zealand aircraft) in breach of section 261(1)
4: A person in possession, and the owner, of an aircraft each commits an offence if the aircraft (being a New Zealand aircraft) is dumped in breach of section 261(2)
5:
6: The owner and master of a ship, and the owner of a platform or other artificial structure, each commits an offence if waste or other matter is incinerated on it in breach of section 261(3)
7: A person commits an offence if the person exports waste or other matter in breach of section 261(4)
8: The master and the owner of a ship who are authorised to dump waste or other matter from the ship by an emergency dumping permit each commits an offence if a condition of the permit is breached.
9: The person in possession of an aircraft and the owner of the aircraft who are authorised to dump waste or other matter from the aircraft by an emergency dumping permit each commits an offence if a condition of the permit is breached. Section 264 substituted 9 June 1999 section 30 Maritime Transport Amendment Act 1999 Section 264(1)﻿(a) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(1)﻿(b) repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(1)﻿(c) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(2) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(3)﻿(a) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(3)﻿(b) repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(3)﻿(c) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(4) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(5) repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(6) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(7) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(8) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 264(9) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
265: Special defences
In any prosecution for an offence against section 264
a: was necessary—
i: to save or prevent danger to human life; or
ii: to avert a serious threat to the ship, aircraft, offshore installation, or marine incineration facility; or
iii: in the case of force majeure
b: was a reasonable step to take in all the circumstances; and
c: was likely to result in less damage than would otherwise have occurred; and
d: was taken or omitted in such a way that the likelihood of damage to human or marine life was minimised. 1974 No 14 s 23 Penalties
266: Penalties
Subject to section 267 section 263 section 264 on conviction
a: to a fine not exceeding $200,000; and
b: if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued; and
c: for such amount as the court may assess in respect of the costs of all or any of the following, namely, removing or dispersing, or disposing of, any waste or other matter to which the offence relates; and
d: to an additional penalty under section 409 Section 266 amended 1 July 2013 section 413 Criminal Procedure Act 2011
267: Sentence of imprisonment
1: Subject to subsection (2), the court may sentence a person who commits an offence against section 263 section 266
2: The court shall not sentence to imprisonment any person who commits an offence against section 263
a: where the person is the master or owner of a foreign ship,—
i: that the offence was committed within the territorial sea; and
ii: that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment within the territorial sea; and
iii: that the commission of the offence has caused or is likely to cause serious damage to the marine environment within the territorial sea:
b: in any other case, that the commission of the offence has caused or is likely to cause serious damage to the marine environment. United Nations Convention on the Law of the Sea art 230 Section 267(2) substituted 1 August 1996 Maritime Transport Amendment Act 1996 Section 267 compare note added 1 August 1996 Maritime Transport Amendment Act 1996
22: Obligations and powers in relation to marine protection documents
General rule
268: Marine protection documents to be held and complied with if required by marine protection rules
1: Every person who does anything, or uses or operates anything, for which a marine protection document is required under the marine protection rules made under this Act, shall ensure that—
a: the appropriate document is held in accordance with the marine protection rules; and
b: the provisions of that document and all relevant marine protection rules are complied with.
2: Every holder of a marine protection document shall—
a: if so required by the marine protection rules, establish and follow a management system that will ensure compliance with the relevant prescribed standards for protection of the marine environment and the conditions attached to the marine protection document; and
b: provide training and supervision to all employees of the holder who are engaged in doing anything to which the marine protection document relates, so as to maintain compliance with the relevant prescribed standards for protection of the marine environment and the conditions attached to the marine protection document; and
c: provide sufficient resources to ensure compliance with the relevant prescribed standards and the conditions attached to the marine protection document. 1990 No 98 s 12 1991 No 116 s 3 Powers of Director in relation to marine protection documents
269: Application for marine protection document
1: Every application for the grant or renewal of a marine protection document, or for the recognition of a document as a marine protection document, shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.
2: Every applicant under subsection (1) shall include in his or her application his or her address for service in New Zealand including, where applicable, telephone and facsimile numbers.
3: It shall be the duty of every holder of a marine protection document to maintain the currency of the information provided under subsection (2) by promptly notifying the Director of any change to the address, telephone number, or facsimile number.
4: The Director shall ensure that a record of all information provided under this section is maintained at the Maritime Registry.
5: Service of any notice, notification, or other document under this Act on a holder of a marine protection document, or on an applicant under subsection (1), shall be effective service if served at the address last provided by that holder or applicant. 1990 No 98 s 8 1992 No 75 s 5
270: Issue of marine protection documents and recognition of documents
1: After considering any application under section 269
a: all things in respect of which the document is sought or, in the case of an application for recognition of a document as a marine protection document, the document, meet, meets, or will meet (as the case may be) any relevant prescribed requirements; and
b: the applicant, and any person who is to have or is likely to have control over the exercise of the privileges under the document, meet any prescribed requirements.
2: For the purpose of granting or renewing a marine protection document, or recognising a document as a marine protection document, the Director may, subject to any provisions in the marine protection rules, recognise such qualifications or certifications as he or she considers appropriate in each case.
3: In no case shall the Director recognise foreign qualifications or foreign certificates where—
a: the requirements to gain such qualifications or to obtain such certificates are less than the requirements to gain similar qualifications or to obtain similar certificates in New Zealand; and
b: the Director believes that to recognise such qualifications or certificates might pose a risk or danger to the marine environment.
4: Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either—
a: issue an equivalent marine protection document under this section; or
b: notify in writing such recognition.
5: Where the Director declines to grant an application under section 269 the District Court section 424
6: Nothing in this section applies in respect of any ship, crew, or marine protection product in respect of which section 271 1990 No 98 s 9 1992 No 75 s 6 Section 270(5) amended 1 March 2017 section 261 District Court Act 2016
271: Acceptance of documents
1: Subject to subsection (2), the Director shall accept every valid licence, permit, certificate, or other document issued by or approved by a State, other than New Zealand, under a marine protection convention to which that State and New Zealand are both parties, and for the purposes of this Act, such documents shall be deemed to be marine protection documents.
2: The Director shall not accept, or may suspend acceptance of, any document referred to in subsection (1) where he or she has clear grounds for believing that—
a: the condition of the ship or marine protection product does not correspond substantially with the particulars of any document relating to the ship or marine protection product; or
b: the ship or marine protection product has been materially altered without the sanction of the State that issued or approved the document; or
c: the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the environment, including the marine environment
ca: for a document issued under the convention, the ship cannot discharge ballast water without presenting a threat of harm to the environment, human health, property, or resources ( convention ship section 246A(2) and (3)﻿(a)
d: any provision or condition of the document is not being met.
3: Sections 269 270 272 273 274 275 276 277 395 406(b)
4: This section applies in respect of—
a: every ship, other than a New Zealand ship, registered in a country that is a party to any marine protection convention to which New Zealand is also a party:
b: the crew of every ship referred to in paragraph (a):
c: the marine protection products of every ship referred to in paragraph (a). Section 271(2)﻿(c) amended 16 November 2021 section 9 Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 271(2)﻿(ca) inserted 8 September 2017 section 86(6) Biosecurity Law Reform Act 2012
272: Suspension of marine protection documents or imposition of conditions
1: The Director may from time to time—
a: suspend any marine protection document issued by the Director under this Act, or under any marine protection rules, or impose conditions in respect of any such marine protection document; or
aa: suspend the recognition by the Director as a marine protection document of any document issued under the convention, or impose conditions on recognition, if he or she considers the action necessary in the interests of protecting the environment, human health, property, or resources ( convention section 246A(2)
b: suspend the recognition by the Director as a marine protection document of any document issued by another person or organisation, or impose conditions in respect of such recognition,— if he or she considers such action necessary in the interests of protecting the marine environment and if he or she—
c: is satisfied that the holder fails or has failed to comply with any conditions of the relevant marine protection document; or
d: is satisfied that the holder has contravened or failed to comply with section 406
e: is satisfied that such action is necessary to ensure compliance with—
i: any provision of Parts 19 to 27
ii: any regulations or marine protection rules made under this Act; or
iii: section 15A section 15B section 15C
iv: any regulations made under any of paragraphs (ha) to (he) of section 360(1)
v: section 20B 20C
vi: any regulations made under section 29A 29B
ea: is satisfied that the holder has failed to take corrective action to ensure the condition of the ship’s equipment (including the ship’s systems, fittings, arrangements, and materials) corresponds substantially to the particulars of the relevant marine protection document; or
f: considers that the privileges or duties for which the marine protection document has been granted, or the relevant document has been recognised as a marine protection document, are being or have been carried out by the holder in a careless or incompetent manner.
2: The suspension of any marine protection document, or the suspension of recognition of any document as a marine protection document, or the imposition of conditions in respect of any such document, by the Director, shall remain in force until the Director has determined, after due investigation, the action to be taken in respect of the causes requiring the suspension or imposition of conditions, but the duration of any such suspension or conditions shall not exceed 14 days unless the Director directs that a further specified period is necessary for the purposes of the investigation.
3: If, after investigation, the Director considers such action to be warranted, he or she may suspend for a further period the marine protection document, or the recognition of a document as a marine protection document, or impose further conditions, and he or she shall cause the appropriate endorsement to be made on the marine protection document (if the document is issued under this Act or the marine protection rules) or on the notification of recognition, as the case may require.
4: Where a marine protection document or recognition of a document as a marine protection document has been suspended or a marine protection document has been made subject to conditions under this section, the holder shall forthwith produce that document or notification of recognition of that document to the Director for appropriate endorsement.
5: The whole or any part of a marine protection document, or the recognition of the whole or any part of a document recognised as a marine protection document, may be suspended under this section.
6: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 17 1992 No 75 s 11 Section 272(1)﻿(aa) inserted 8 September 2017 section 86(7) Biosecurity Law Reform Act 2012 Section 272(1)﻿(e)﻿(v) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 272(1)﻿(e)﻿(vi) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 272(1)﻿(ea) inserted 16 November 2021 section 10 Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 272(6) amended 1 March 2017 section 261 District Court Act 2016
273: Revocation of marine protection documents
1: If, after an investigation under section 272
2: Where the Director proposes to revoke any marine protection document, or the recognition of a document as a marine protection document, the Director shall give notice to the persons specified by, and in accordance with the provisions of, the marine protection rules.
3: Where a marine protection document or recognition of a marine protection document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.
4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 18 1992 No 75 s 12 Section 273(4) amended 1 March 2017 section 261 District Court Act 2016
274: Suspension or revocation of marine protection document where prescribed fees or charges unpaid
1: Where any fee or charge that is payable under this Act, or any regulations made under this Act, is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the marine protection document, or suspend the recognition of the document as a marine protection document, to which the unpaid fee or charge relates.
2: Where any fee or charge payable under this Act, or any regulations made under this Act, is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the marine protection document, or revoke the recognition of the document as a marine protection document, to which the fee or charge relates.
3: Before undertaking any action under subsection (1) or subsection (2), the Director shall notify the holder of that document of—
a: the Director’s intention to act under subsection (1) or subsection (2); and
b: the right of appeal available to the holder of that document in the event of the Director taking such action.
4: Where a marine protection document or recognition of a document as a marine protection document has been revoked under this section, the holder shall forthwith surrender that document or notification of that document to the Director.
5: Where a fee or charge is payable to the Authority or the Director in respect of an application or the provision of a service, the Authority or the Director, as the case may be, may, unless the marine environment would as a result be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.
6: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 41 1992 No 75 s 22 Section 274(6) amended 1 March 2017 section 261 District Court Act 2016
275: Amendment or revocation in other cases
1: The Director may,—
a: if so requested in writing by the holder of any marine protection document issued by the Director, amend or revoke the document as requested:
b: amend any marine protection document issued by the Director to correct any clerical error or obvious mistake on the face of the document.
2: Subject to subsection (3), the Director may—
a: amend any marine protection document issued by the Director to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:
b: revoke any marine protection document issued by the Director, or revoke the recognition of any document as a marine protection document, if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder.
3: Before taking any action under subsection (2), the Director shall notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.
4: The power to amend a marine protection document under this section includes—
a: power to revoke the document and issue a new document in its place; and
b: power to impose reasonable conditions.
5: When the holder of a marine protection document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director. 1990 No 98 s 20
276: Criteria for action under section 272 or section 273
1: The provisions of this section shall apply for the purpose of determining whether a marine protection document, or recognition of a document as a marine protection document, should be suspended or made subject to conditions under section 272 section 273
2: Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:
a: the person’s compliance history with any regulatory requirements relating to protection of the sea from harmful substances or ballast water Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: any conviction for any offence related to the discharge of harmful substances or ballast water
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
c: any conviction for any offence under the Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
3: The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.
4: The Director may—
a: seek and receive such information as the Director thinks fit; or
b: consider information obtained from any source.
5: If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.
6: Nothing in subsection (5) shall require the Director to—
a: disclose any information the disclosure of which would be likely to endanger the safety of any person; or
b: disclose any information before—
i: suspending a marine protection document or suspending the recognition of a document as a marine protection document; or
ii: imposing conditions in respect of a marine protection document under section 272
7: If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Director must inform the individual that he or she may, under the Privacy Act 2020
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)﻿(a)﻿(i)
b: in any other case,—
i: the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) 1990 No 98 s 19 Section 276(2)﻿(a) amended 8 September 2017 section 86(8) Biosecurity Law Reform Act 2012 Section 276(2)﻿(a) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 276(2)﻿(b) amended 8 September 2017 section 86(9) Biosecurity Law Reform Act 2012 Section 276(2)﻿(c) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 276(7) substituted 15 December 2005 section 10 Maritime Transport Amendment Act (No 2) 2005 Section 276(7)﻿(a)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 276(7)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020 General offences
277: Acting without necessary marine protection document
1: Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— any ship or marine protection product, without holding the appropriate current marine protection document.
2: Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— any ship or marine protection product knowing that a current marine protection document is required to be held in respect of that ship or product before that act may lawfully be done and knowing that the appropriate document is not held.
3: For the purposes of this section,—
a: a marine protection document is not a current marine protection document if it is for the time being suspended under this Act:
b: a marine protection document is not a current marine protection document in relation to an act if the endorsement that is required to authorise that act is for the time being suspended under this Act. Section 277(3) added 9 June 1999 section 31 Maritime Transport Amendment Act 1999
278: Acting in breach of marine protection document
Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— a ship or marine protection product if the provisions and conditions of the appropriate marine protection document Section 278 heading amended 9 June 1999 section 32 Maritime Transport Amendment Act 1999 Section 278 amended 9 June 1999 section 32 Maritime Transport Amendment Act 1999 Penalties
279: Penalties for individuals
Every individual who commits an offence against section 277 section 278 on conviction
a: to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000; and
b: to an additional penalty under section 409 Section 279 amended 1 July 2013 section 413 Criminal Procedure Act 2011
280: Penalties for bodies corporate
Every body corporate that commits an offence against section 277 section 278 on conviction
a: to a fine not exceeding $100,000; and
b: to an additional penalty under section 409 Section 280 amended 1 July 2013 section 413 Criminal Procedure Act 2011
23: Plans and responses to protect marine environment from marine oil spills
281: Interpretation
In this Part, unless the context otherwise requires,— marine oil spill marine oil spill contingency plan plan marine oil spill response response national marine oil spill contingency plan national plan section 297 National On-Scene Commander section 319 New Zealand marine oil spill response strategy response strategy section 283 New Zealand Oil Pollution Fund section 330 Oil Pollution Advisory Committee Committee section 282 oil spill oil transfer site site on-scene commander regional marine oil spill contingency plan section 292 section 295 regional on-scene commander section 318 requisitioned property section 305(1)﻿(g) shipboard marine oil spill contingency plan site marine oil spill contingency plan Oil Pollution Advisory Committee
282: Oil Pollution Advisory Committee
1: There shall continue to be a committee, to be called the Oil Pollution Advisory Committee, to give advice to the Authority on the following matters:
a: the New Zealand Marine Oil Spill Response Strategy:
b: the fixing and levying of oil pollution levies imposed under Part 24
c: the use of the New Zealand Oil Pollution Fund:
d: any other matters related to marine oil spills that the Minister, or the Director, from time to time specifies by notice to the Committee.
2: The Minister shall appoint to the Committee—
a: the Director; and
b: such other persons as the Minister from time to time determines; and
c: a chairperson of the Committee.
3: The Minister shall, in appointing members of the Committee, consider whether the Committee should have members who represent, or have experience relating to, the following:
a: the shipping industry:
b: the oil and gas exploration industry:
c: the oil and gas production and distribution industry:
d: the Petroleum Industry Emergency Action Committee:
e: operators of port facilities:
f: regional councils:
g: Maritime New Zealand:
h: the Ministry of Transport:
i: the Ministry for the Environment:
j: the Department of Conservation:
k: Te Puni Kokiri.
4: The Committee may, subject to any written directions of the Minister, regulate its procedure as it thinks fit.
5: Members of the Committee shall be appointed on such terms and conditions (including travelling allowances and expenses) as the Minister from time to time determines.
6: Any travelling allowances and expenses determined by the Minister under subsection (5) shall be paid out of the New Zealand Oil Pollution Fund. 1974 No 14 s 29G 1977 No 130 s 3 Section 282(3)﻿(g) substituted 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 New Zealand marine oil spill response strategy
283: Preparation and review of response strategy
The Director shall prepare, by a date specified by the Minister by notice in the Gazette every 5 years Section 283 amended 15 December 2005 section 11 Maritime Transport Amendment Act (No 2) 2005
284: Purpose and contents of response strategy
1: The purpose of the New Zealand marine oil spill response strategy is to—
a: describe the action to be taken, and by whom the action is to be undertaken, in response to a marine oil spill in New Zealand marine waters; and
b: promote a standard response to marine oil spills in New Zealand; and
c: promote the co-ordination of marine oil spill contingency plans and the action taken in response to marine oil spills under such plans.
2: The New Zealand marine oil spill response strategy shall include such matters as the Director considers appropriate to achieve its purpose as specified in subsection (1) and any other matters that the marine protection rules require to be included in the response strategy.
285: Consultation in respect of response strategy
In preparing and reviewing the New Zealand Marine Oil Spill Response Strategy, the Director shall consult with the Oil Pollution Advisory Committee and such other persons as the Director considers appropriate. Marine oil spill contingency plans
286: Purpose of marine oil spill contingency plans
The purpose of marine oil spill contingency plans is to—
a: promote in New Zealand planned responses to marine oil spills at shipboard, site, regional, and national levels; and
b: specify the functions and responsibilities of persons at shipboard, site, regional, and national levels, with respect to responses to marine oil spills. Shipboard and site marine oil spill contingency plans
287: Preparation, review, and keeping of shipboard and site marine oil spill contingency plans
Shipboard and site marine oil spill contingency plans shall be prepared, reviewed, and kept in accordance with the provisions of the marine protection rules. Regional marine oil spill contingency plans
288: Purpose of regional marine oil spill contingency plan
The purpose of a regional marine oil spill contingency plan is to promote a planned and regionally co-ordinated response to any marine oil spill within a region that is beyond the resources of the persons who have caused the marine oil spill or that has not been appropriately responded to by such persons.
289: Initial regional marine oil spill contingency plans
1: Every regional council whose region includes any coastline shall, by a date specified by the Director for the purpose, submit to the Director for his or her approval a draft regional marine oil spill contingency plan for its region.
2: Any date or dates specified by the Director for the purposes of subsection (1) shall not be earlier than 12 months after all of the following have been prepared or issued, as the case may be, under this Act:
a: the first New Zealand marine oil spill response strategy:
b: the first national marine oil spill contingency plan:
c: marine protection rules prescribing requirements for regional marine oil spill contingency plans.
290: Regular review of regional marine oil spill contingency plans
Every regional council shall review its regional marine oil spill contingency plan and submit a draft regional marine oil spill contingency plan after such review to the Director for his or her approval, not less frequently than every 3 years after its preparation, or its most recent review under this section, as the case may be.
291: Preparation and consultation in respect of, and matters to be included in, regional marine oil spill contingency plans
1: In preparing its draft regional marine oil spill contingency plan, a regional council shall ensure that,—
a: the draft plan is consistent with the New Zealand marine oil spill response strategy and the national marine oil spill contingency plan; and
b: the draft plan complies with any relevant requirements of the marine protection rules.
2: In preparing, under section 289 section 290
a: the regional marine oil spill contingency plans of regional councils with adjacent regions:
b: such other marine oil spill contingency plans as it considers appropriate:
c: any regional coastal plan applying to that region and prepared under the Resource Management Act 1991
d: any conservation management strategies and conservation management plans approved under section 17F section 17G
e: the harmful effects that marine oil spills may have on the marine environment and measures that can be taken to limit these effects:
f: the substances that are suitable to contain and clean up marine oil spills:
g: such other matters as it considers appropriate.
3: In preparing, under section 289 section 290
a: the Department of Conservation; and
b: representatives of the tangata whenua within its region; and
c: such persons who use the coastal resources within its region as the regional council considers appropriate; and
d: any other persons whom the regional council considers appropriate.
292: Approval of draft regional marine oil spill contingency plan
1: A regional council shall, forthwith upon being required by the Director to do so, include in, or omit from, its draft regional marine oil spill contingency plan submitted to the Director under section 289 section 290
2: The Director may, in his or her sole discretion, determine what provisions (if any) he or she requires under subsection (1) to be included in or omitted from a draft regional marine oil spill contingency plan, except that the Director shall not require any inclusion or omission of a provision that will result in the plan being inconsistent with any relevant requirements of the marine protection rules.
3: The Director shall, once his or her requirements (if any) under subsection (1) have been complied with, approve the relevant regional marine oil spill contingency plan.
293: Amendment of regional marine oil spill contingency plans
1: The Director may from time to time, by written notice to a regional council, require the inclusion or omission of any provision in a regional marine oil spill contingency plan if, in the opinion of the Director, it is necessary or desirable to ensure an appropriate response by the regional council to a marine oil spill within its region.
2: A regional council may from time to time amend its regional marine oil spill contingency plan if such amendment is approved in writing by the Director.
294: Regional marine oil spill contingency plan overridden in certain cases
Where any regional marine oil spill contingency plan is inconsistent with the New Zealand marine oil spill response strategy, the national marine oil spill contingency plan, or the marine protection rules, that response strategy, national plan, or those marine protection rules shall override that regional marine oil spill contingency plan to the extent of the inconsistency.
295: Power of Director to prepare regional marine oil spill contingency plan
1: The Director may prepare the regional marine oil spill contingency plan for a region where a regional council has not submitted a draft regional marine oil spill contingency plan in accordance with section 289 section 290
2: Where a regional marine oil spill contingency plan is prepared by the Director under subsection (1), the regional council responsible for the plan shall meet out of its own resources the costs of the Director in preparing the regional marine oil spill contingency plan, and shall not be entitled under any provision of this Act to reimbursement from the New Zealand Oil Pollution Fund for those costs. National marine oil spill contingency plan
296: Purpose of national marine oil spill contingency plan
The purpose of the national marine oil spill contingency plan is to promote a planned and nationally co-ordinated response to any marine oil spill that—
a: is beyond the resources of the regional council within whose region it is located; or
b: is outside the region of any regional council, but within the exclusive economic zone of New Zealand, and is an oil spill for which the Director considers that a national response is required.
297: Preparation and review of national marine oil spill contingency plan
By a date specified by the Minister for the purpose by notice in the Gazette
298: Consultation in respect of and matters to be included in national plan
1: In preparing or reviewing the national marine oil spill contingency plan, the Director shall consult with such persons as the Director considers appropriate.
2: The national plan shall contain such matters as the Director considers appropriate but shall be consistent with the New Zealand marine oil spill response strategy.
3: In preparing or reviewing the national plan under section 297
a: New Zealand’s obligations under international conventions and agreements in relation to responses to marine oil spills in the internal waters of New Zealand or New Zealand marine waters:
b: the New Zealand marine oil spill response strategy:
c: any other matters the Director considers appropriate. Marine oil spill responses
299: Duty to notify if unable to contain and clean up marine oil spills
1: If, in the event of an oil spill into the internal waters of New Zealand or New Zealand marine waters from a ship, the master of that ship considers that the oil spill cannot be contained and cleaned up using the resources available to that person for that purpose, he or she shall forthwith notify the Director or, where the spill has occurred within the territorial sea, the Director or the regional council within whose region the spill is located, of his or her inability to contain and clean up the oil spill.
2: If, in the event of an oil spill into the internal waters of New Zealand or New Zealand marine waters from an offshore installation or an oil transfer site in respect of which there is required to be a site marine oil spill contingency plan under the marine protection rules, the person responsible for implementing the marine oil spill contingency plan in respect of that installation or site considers that the oil spill cannot be contained and cleaned up by the resources available to that person for that purpose, he or she shall forthwith notify—
a: the regional council within whose region the oil spill is located; or
b: the Director, if the spill is not located within the region of a regional council.
3: Nothing in this section shall derogate from any other duty under this Act, or any other enactment, or any marine protection rules, to give notice to the Director or any other person of an oil spill into New Zealand marine waters.
300: Function of regional on-scene commanders after notification
1: Subject to section 313
2: Subject to section 313
3: Notification by the regional on-scene commander of the Director under subsection (2) shall not relieve a regional council from its obligations under section 313
301: Function of National On-Scene Commander after notification
1: If a National On-Scene Commander is notified by the Director or otherwise becomes aware of a marine oil spill, he or she shall decide whether or not it is appropriate for any action to be taken in response to that marine oil spill, including the taking of any measures under the national marine oil spill contingency plan or the exercise of any powers under this Act.
2: If, in the opinion of the Director, containing and cleaning up any marine oil spill is beyond the capacity of the Authority, the Director may seek assistance from other States or persons in accordance with the national marine oil spill contingency plan.
302: National On-Scene Commander to take precedence
Notwithstanding any other provisions of this Act or any other enactment, a National On-Scene Commander may give directions to any regional council or its regional on-scene commander in relation to any marine oil spill within the region of that council and the regional council, and the regional on-scene commander shall comply with any such directions.
303: Objective of on-scene commanders
If a regional on-scene commander or the National On-Scene Commander decides that it is appropriate for a regional council or the Authority, as the case may be, to take action in respect of a marine oil spill, the principal objective of that on-scene commander shall be to—
a: prevent further pollution from the marine oil spill; and
b: contain and clean up the oil spill in accordance with the relevant regional marine oil spill contingency plan or the National Oil Spill Contingency Plan, as the case may be,— in such a way that does not cause any unreasonable danger to human life or cause an unreasonable risk of injury to any person.
304: Termination of marine oil spill response
1: The National On-Scene Commander may, with the consent of the Director, terminate any marine oil spill response by the Authority.
2: A regional on-scene commander may terminate any marine oil spill response by the regional council by whom he or she has been appointed.
305: Powers of on-scene commander
1: If a regional on-scene commander or the National On-Scene Commander decides that it is appropriate for a regional council or the Authority, as the case may be, to take action in respect of a marine oil spill, he or she may do all or any of the following:
a: direct the master or owner of any New Zealand ship, or the owner of any offshore installation, or the owner of any oil transfer site that is the subject of a marine oil spill response to do anything, or refrain from doing anything, that the on-scene commander considers necessary or desirable to control or clean up the marine oil spill, or both:
b: remove any person obstructing a marine oil spill response from an area, or any part of an area, where a marine oil spill response is being carried out:
c: require the evacuation or the exclusion of persons, vehicles, or New Zealand ships from any area, or any part of an area, where a marine oil spill response is being carried out:
d: totally or partially prohibit, or restrict, public access on any road or to any public area or any part of the sea, that is within an area where a marine oil spill response is being carried out:
e: remove from any road, public place, or from the sea, in an area where a marine oil spill response is being carried out, any New Zealand ship, any vehicle, or other thing impeding that response, and where reasonably necessary for the purpose, may enter forcibly any such ship, vehicle, or other thing:
f: carry out such inspections as he or she thinks appropriate in respect of any New Zealand ship, any vehicle, or other thing in an area where a marine oil spill response is being carried out:
g: subject to the provisions of section 306
2: The powers under subsection (1) may be exercised by any on-scene commander, any person authorised by him or her, and any constable
3: Nothing in subsection (1)﻿(g) applies to any land, building, ship, vehicle, or other real or personal property under the control of the New Zealand Defence Force. 1983 No 46 ss 58–64(1) Section 305(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
306: Matters to be complied with in requisitioning
1: Any person exercising any power conferred by section 305(1)﻿(g)
2: Where the owner or person for the time being in control of any property that may be requisitioned under section 305(1)﻿(g) constable
3: Where any person assumes the control and direction of requisitioned property under subsection (2), that person shall ensure that, as soon as is reasonably practicable in all the circumstances, a written statement specifying the property that has been requisitioned and the person under whose control it has been placed is given to the owner or person formerly in charge of the requisitioned property. 1983 No 46 s 64(2)–(4) Section 306(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
307: Compensation payable where property requisitioned
1: Where any requisitioned property has come under the control of any person acting under section 305
a: the use of that requisitioned property while under that control; and
b: any loss of or damage or injury to that requisitioned property suffered or incurred while under that control.
2: Where the New Zealand Oil Pollution Fund does not have sufficient resources to pay the whole or any part of any compensation payable under subsection (1), the Crown may, but is not obliged to, pay the compensation that the Fund is unable to pay.
3: The Crown, and the Authority on behalf of the New Zealand Oil Pollution Fund, may recover as pollution damages under section 345 section 385C 1983 No 46 s 65 Section 307(3) amended 23 October 2013 section 52 Maritime Transport Amendment Act 2013
308: Compensation for loss or damage to personal property
1: Every person who carries out a marine oil spill response and who suffers loss of or damage to his or her personal property in the course of carrying out that marine oil spill response shall be entitled to receive from the New Zealand Oil Pollution Fund compensation equal to—
a: the value of any personal property that has been so lost; or
b: the reduction in value of any property that has been so damaged.
2: Where the New Zealand Oil Pollution Fund does not have sufficient resources to pay the whole or any part of any compensation payable under subsection (1), the Crown may, but is not obliged to, pay the amount of compensation that the Fund is unable to pay.
3: The Crown, and the Authority on behalf of the New Zealand Oil Pollution Fund, may recover as damages for pollution damage under section 345 section 385C
4: Subsection (1) shall not apply in respect of any loss or damage to property to the extent to which a person is indemnified for that loss or damage by a contract of insurance.
5: To the extent to which, in respect of any loss or damage to personal property, any person has recovered or, having regard to the circumstances of the case, may reasonably be expected to recover any damages, compensation, or ex gratia 1983 No 46 s 75(1), (4), (5) Section 308(3) amended 23 October 2013 section 53 Maritime Transport Amendment Act 2013
309: Absence from duty not to affect employment rights
1: No person who is absent from his or her usual employment as a result of carrying out any instructions or directions under section 305
2: Nothing in this section shall impose on the employer of any person any obligation to pay any remuneration in respect of any period of absence in carrying out any instructions or directions under section 305 1983 No 46 s 74
310: Minister’s power of direction
1: The Minister may, if he or she considers that having regard to all the circumstances it is expedient to do so, give any directions to the Authority, a regional council, or an on-scene commander in respect of the performance of any functions or duties or the exercise of any powers under this Part, and that person shall comply with those directions.
2: Where any direction has been made by the Minister under subsection (1), the Minister shall, as soon as practicable, lay before the House of Representatives a copy of the direction in written form.
3: The Minister is not required to comply with section 115 1990 No 98 s 72C 1992 No 75 s 31 Section 310(3) added 25 January 2005 section 200 Crown Entities Act 2004
311: Additional powers of on-scene commander
If a regional on-scene commander or the National On-Scene Commander decides that it is appropriate for a regional council or the Authority, as the case may be, to take action in respect of a marine oil spill, he or she may, without limiting anything else that person may do,—
a: disseminate information and advice to the public relating to the marine oil spill:
b: carry out such works as will control and clean up the marine oil spill:
c: provide any item, equipment, or facility to assist with the control and clean up of the marine oil spill.
312: Limits on powers of on-scene commander
1: No power conferred by section 305 section 311
a: a person under Part 5
b: the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002
c: any constable section 10
2: No power conferred by section 305 section 311 Part 20 Section 312(1) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 312(1)﻿(b) replaced 29 November 2016 section 42 Civil Defence Emergency Management Amendment Act 2016 Section 312(1)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Obligations and offences in respect of marine oil spill contingency plans
313: Compliance with marine oil spill contingency plans
1: In the event of a marine oil spill from a ship, an offshore installation, or an oil transfer site in respect of which there has been prepared under the marine protection rules a shipboard or site marine oil spill contingency plan, as the case may be, the provisions of the relevant shipboard or site marine oil spill contingency plan shall be complied with except to the extent that a person is directed otherwise by an on-scene commander.
2: In the event of a marine oil spill within the region of a regional council, the regional marine oil spill contingency plan shall be complied with except to the extent that a person is directed otherwise by the National On-Scene Commander.
314: Offences in respect of marine oil spill contingency plans
The master and the owner of a ship, the owner of an offshore installation, and the owner of an oil transfer site, each commits an offence if there has been without reasonable excuse, in respect of that ship, offshore installation, or oil transfer site, as the case may be, a breach of the duty under section 313
315: Offences in respect of notification of inability to contain and clean up marine oil spills
Every person (being a master of a ship or a person who is responsible for implementing a marine oil spill contingency plan in respect of an offshore installation or an oil transfer site) commits an offence who breaches his or her duty under subsection (1) or subsection (2) of section 299
316: Failure to comply with prohibition, restriction, or direction
Every person commits an offence who, without reasonable excuse, fails to comply with any prohibition, restriction, or direction under section 305
317: Penalties
Every person who commits an offence against section 314 section 315 section 316 on conviction
a: in the case of an individual, to a fine not exceeding $10,000:
b: in any other case, to a fine not exceeding $100,000. Section 317 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous provisions relating to responses to marine oil spills
318: Appointment of regional on-scene commanders
1: Every regional council shall from time to time appoint—
a: a regional on-scene commander for its region; and
b: a person or persons, who shall perform the functions and duties and may exercise the powers of a regional on-scene commander, if the office of regional on-scene commander is vacant or the regional on-scene commander is absent, for so long as that vacancy or absence continues.
2: Any person appointed under subsection (1)﻿(b) shall, subject to the terms of appointment, be deemed to be a regional on-scene commander during any vacancy or absence.
3: The regional on-scene commander of a regional council shall manage and co-ordinate the response of, and direct the use of the resources available to, that regional council, in relation to any marine oil spill in respect of which the council is taking action.
4: A regional council shall, in appointing any person or persons under paragraph (a) or paragraph (b) of subsection (1), appoint only such person or persons as are qualified under the marine protection rules to act as regional on-scene commanders.
5: If the marine protection rules do not prescribe qualifications for a regional on-scene commander, a regional council shall appoint, under paragraph (a) or paragraph (b) of subsection (1), only those persons who are approved by the Director. 1983 No 46 s 30 1989 No 33 s 5
319: Appointment of National On-Scene Commander
1: The Director shall from time to time appoint—
a: a National On-Scene Commander; and
b: a person or persons, who shall perform the functions and duties and may exercise the powers of the National On-Scene Commander if the office of National On-Scene Commander is vacant or the National On-Scene Commander is absent, for so long as that vacancy or absence continues.
2: Any person appointed under subsection (1)﻿(b) shall, during any vacancy or absence, be deemed to be a National On-Scene Commander.
3: The National On-Scene Commander shall manage and co-ordinate the response of, and direct the use of resources available to, the 1983 No 46 s 30 1989 No 33 s 5 Section 319(3) amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004
320: Appointments under section 318 or section 319
Any appointment under section 318 section 319
321: Purchases by Authority to prepare for and implement responses to marine oil spills
1: The Authority may purchase anything it considers necessary or desirable to make preparations for, or to implement, or assist in implementing, any response by the Authority or by any regional council, and as contemplated by the New Zealand marine oil spill response strategy, to a marine oil spill in New Zealand waters.
2: The Authority shall be entitled to be reimbursed for any expenditure under subsection (1) out of the New Zealand Oil Pollution Fund if such expenditure is provided for in the annual plan of expenditure approved by the Minister under section 332
322: Distribution and responsibility for maintenance of purchases under section 321
1: Where it considers appropriate, the Authority may distribute anything purchased under section 321
2: Where anything is distributed to a regional council or another person under subsection (1), it shall remain the property of the Authority and the regional council or that person, as the case may be, shall maintain it in good order in accordance with any instructions issued by the Authority.
3: The Authority shall meet the reasonable costs incurred by a regional authority or another person in maintaining anything in accordance with the Authority’s instructions under subsection (2).
323: Authority may inspect
The Authority may, at any time, inspect anything distributed to a regional council or another person under section 322
324: Director responsible for training
The Director shall be responsible for the development and co-ordination of training necessary to successfully implement a marine oil spill response under the New Zealand marine oil spill response strategy.
325: Director may review responses
The Director may, at any time within 2 years of a marine oil spill response being carried out, review that response with a view to improving such responses in the future rather than assigning blame to any person for any errors or omissions with respect to that response.
326: Proof of identity
Any person exercising any power conferred by section 305
a: carry, and produce if requested to do so, evidence of his or her identity; and
b: if requested to do so, produce evidence of, or give a general explanation of, the authority under which he or she is acting and the powers he or she is exercising.
327: Protection from liability
1: Except as provided in sections 307 308
2: Section 121 1983 No 46 s 66 Section 327(2) added 25 January 2005 section 200 Crown Entities Act 2004
328: Contracts
1: Notwithstanding anything in the Public Bodies Contracts Act 1959 Local Government Act 2002
2: Any person who exercises the power conferred by this section shall report the full circumstances of its exercise to the regional council at its next ordinary meeting, or where that is not practicable, at its next succeeding ordinary meeting. 1983 No 46 s 68(1), (3) Section 328(1) amended 1 July 2003 section 262 Local Government Act 2002
24: Financing plans and responses to protect the marine environment from marine oil spills
329: Interpretation
In this Part, unless the context otherwise requires,— contributing oil contributing oil site contributing ship New Zealand Oil Pollution Fund Fund section 330 offshore oil installation oil pipeline Oil Pollution Advisory Committee section 282 oil pollution levy levy oil transfer site section 281 New Zealand Oil Pollution Fund
330: New Zealand Oil Pollution Fund
1: The Authority shall establish and administer a fund to be known as the New Zealand Oil Pollution Fund.
2: The oil pollution levies payable under section 333
3: All money payable to the Fund shall be paid to the credit of a bank account established under section 158(1)
4: The Authority shall invest the Fund in accordance with its investment powers , but subject to the restrictions in section 161
5: All income of the Fund shall be added to and form part of the Fund.
6: There may from time to time be paid out of the Fund any money that may lawfully be paid out of the Fund under this Act or any other enactment.
7: The financial statements of the Fund shall form part of the financial reports of the Authority. Section 330(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 330(4) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
331: Application of money in New Zealand Oil Pollution Fund
1: Subject to the provisions of this Act, the Authority shall apply the New Zealand Oil Pollution Fund only for the following purposes:
a: to meet the costs of the Oil Pollution Advisory Committee:
b: to purchase plant, equipment, or any other thing to make preparations for, or to implement, or assist in implementing, any responses to marine oil spills:
c: to meet the reasonable costs of the Authority (including the costs incurred by the Director and the National On-Scene Commander) in controlling, dispersing, and cleaning up any marine oil spill:
ca: to meet the costs of services associated with planning and responses for marine oil spills that are services provided under a contract or arrangement with the Authority or the Director:
d: to meet the costs of the Authority in—
i: the performance of the other functions and duties and the exercise of other powers of the Authority, the Director, and the National On-Scene Commander under Part 23
ii: taking measures to avoid marine oil spills:
e: to meet the reasonable costs of a regional council (including the costs of its regional on-scene commander) in investigating a suspected marine oil spill and in controlling, dispersing, and cleaning up any marine oil spill:
f: to meet the reasonable costs of any regional council in—
i: the performance of the other functions and duties and the exercise of the powers of the regional council and its regional on-scene commander under Part 23
ii: taking steps to avoid marine oil spills:
g: to meet the reasonable costs incurred by any person, in assisting any animal or plant life affected by any marine oil spill, with the consent or in accordance with the requirements of an on-scene commander:
h: to meet any other expenditure for which this Act contemplates that reimbursement may be made from the Fund:
i: such other expenditure, or classes of expenditure, related to marine oil spills, as may from time to time be approved by the Governor-General by Order in Council.
2: The following provisions apply to payments made under either or both of paragraphs (c) and (e) of subsection (1), and to payments made under paragraph (g) of that subsection for the purpose of assisting any wildlife:
a: the payments may be made if, and to the extent that, the costs for which the payments may be made have not been recovered from the person who caused the oil spill:
b: the recipient must make all reasonable efforts to recover those costs from that person:
c: payments may be made on an interim or periodic basis; and each time it recovers money from the person who caused the oil spill, the recipient must pay the Fund a proportionate amount.
3: An order under subsection (1)﻿(i) 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 331(1)﻿(c) substituted 9 June 1999 section 33(1) Maritime Transport Amendment Act 1999 Section 331(1)﻿(ca) inserted 9 June 1999 section 33(1) Maritime Transport Amendment Act 1999 Section 331(1)﻿(e) substituted 9 June 1999 section 33(2) Maritime Transport Amendment Act 1999 Section 331(2) added 9 June 1999 section 33(3) Maritime Transport Amendment Act 1999 Section 331(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
332: Expenditure budgets required before certain money paid from Fund
1: Payment shall not be made under paragraph (a) or paragraph (b) or paragraph (d) of section 331
2: Payment shall not be made under section 331(f)
3: The Authority shall, before submitting a budget under subsection (1) to the Minister for approval, consult the Oil Pollution Advisory Committee about that budget and shall consider the budgets received by the Authority from regional councils under subsection (2).
4: The obligations of the Authority under this Act in respect of its expenditure budget shall be in addition to its obligations under the Crown Entities Act 2004
5: Expenditure budgets are not required under this section in respect of the application of the Fund for the purposes provided in paragraph (c) or paragraph (e) or paragraph (g) of section 331 section 394(a)
6: The Minister shall from time to time, after consultation with the Minister of Finance, determine what financial reserves it is desirable for the Fund to hold. Section 332(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Oil pollution levies
333: Oil pollution levies
1: Subject to subsections (3) and (4), the Governor-General may from time to time, by Order in Council, impose on all or any of the persons referred to in subsection (2) oil pollution levies for the purposes of providing money for the New Zealand Oil Pollution Fund.
2: Levies may be imposed under subsection (1) on all or any of the following:
a: the owners and masters of contributing ships:
b: the owners of contributing oil sites:
c: the owners of contributing oil.
3: Any Order in Council made under this section shall be made only on the recommendation of the Minister.
4: The Minister shall not make any recommendation under subsection (3) unless—
a: the recommendation has been made at the request and with the concurrence of the Authority; and
b: he or she is satisfied that the planned expenditure from the Fund is reasonable and the levies recommended will enable that expenditure to be met without reducing the level of reserves referred to in section 332(6)
c: he or she is satisfied that the Authority has consulted the Oil Pollution Advisory Committee as required by section 334
5: An Order in Council made under this section may—
a: require returns to be made by the persons by whom any levy is payable; and
b: prescribe requirements and conditions relating to the making of such returns.
6: An order under this section is secondary legislation ( see Part 3 1974 No 14 s 29B 1977 No 130 s 3 1990 No 98 ss 42A 42D(2) 1992 No 75 s 22 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, unless it relates exclusively to an individual (in which case a transitional exemption applies under Schedule 1 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 333(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
334: Consultation on oil pollution levies
The Authority shall consult the Oil Pollution Advisory Committee before advising the Minister on the imposition of and the rate or rates of any oil pollution levies.
335: Rates and basis of oil pollution levies
1: Oil pollution levies are not required to be at a uniform rate and, in particular, different rates may be imposed—
a: on different classes of person; and
b: in respect of different classes of contributing ships, contributing oil sites, and contributing oil; and
c: in respect of contributing ships, contributing oil sites, and contributing oil of the same class if different circumstances (which may include different levels of marine oil pollution risk) apply.
2: An Order in Council under section 333
3: Any such Order in Council may provide that the rate of any levy shall be calculated—
a: at a specified flat annual rate per gross ton of the contributing ship:
b: at a specified rate in respect of each entry of a contributing ship into a port in New Zealand:
c: at a specified flat annual rate per tonne of oil:
d: on any other specified basis whatever.
4: Any such Order in Council may—
a: require levies to be paid in advance or otherwise:
b: prescribe dates for payment of levies:
c: prescribe the periods in respect of which the levies shall be payable:
d: provide for the refund of the whole or any part of a levy paid in advance or otherwise, in circumstances specified in the Order in Council:
e: make the owners and masters of contributing ships, and the owners of contributing oil sites, and contributing oil, as the case may be, jointly and severally liable for levies.
5: No such Order in Council shall apply to a contributing ship in respect of its entry into a port in New Zealand—
a: solely for the purpose of saving or preventing danger to human life, or of obtaining medical treatment for any person; or
b: solely because of weather conditions or any other circumstances that neither the owner nor the master of the ship could have prevented or forestalled. 1974 No 14 s 29B(2), (5) 1977 No 130 s 3 1990 No 98 s 42B 1992 No 75 s 22
336: Incurring of levies
1: Where any oil pollution levy is imposed in respect of a contributing ship, the liability to pay that levy shall arise,—
a: where that levy is assessed on an annual basis, on the first entry of that ship into a port in New Zealand during the period for which the levy is assessed; and
b: in any other case, on the entry of that ship into a port in New Zealand.
2: Where any levy is imposed in respect of a contributing oil site or contributing oil, the liability to pay that levy shall arise at the date or time specified in the levy order relating to that contributing oil site or contributing oil, as the case may be. 1974 No 14 s 29C 1977 No 130 s 3
337: Payment of levies
1: Oil pollution levies shall be paid—
a: where the levy is assessed on an annual basis, to the Authority:
b: in any other case, to the Authority or to such other person approved by the Authority for the purpose.
2: All levies so received shall be paid by the persons who receive them into the New Zealand Oil Pollution Fund. 1974 No 14 s 29D(2), (3) 1977 No 130 s 3
338: Ships not entitled to certificate of clearance until levies paid
1: A receipt shall, if requested, be given to any person paying any oil pollution levy.
2: Where any levy is payable in respect of a contributing ship, the ship is not entitled to a certificate of clearance under section 37
3: If the chief executive of the New Zealand Customs Service refuses to issue a certificate of clearance where evidence of payment of any levy payable in respect of the ship concerned is not produced, he or she must, upon request, provide reasons in writing for the decision.
4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1974 No 14 s 29E 1977 No 130 s 3 Section 338(2) substituted 15 November 2000 section 3 Maritime Transport Amendment Act 2000 Section 338(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 338(3) substituted 15 November 2000 section 3 Maritime Transport Amendment Act 2000 Section 338(4) amended 1 March 2017 section 261 District Court Act 2016
339: Evidence of nature and change of use
1: Every person, being the owner or master of a contributing ship, or the owner of a contributing oil site, in respect of which an oil pollution levy is payable, shall, forthwith on the occurrence of any change in the use of the ship or site that would render the person liable to the payment of a levy at a different rate, notify the Authority in writing of that change.
2: Where the Director has reasonable cause to suspect that a change specified in subsection (1) has occurred in respect of a contributing ship, or contributing oil site, for which a levy is payable under this Part, the Director may, by notice in writing to the owner or master of the ship or the owner of the contributing oil site, require that person to deliver to the Director within 14 days after service of the notice a statutory declaration by that person verifying the nature of the use of the ship or site, as the case may be. 1974 No 14 s 29H 1977 No 130 s 3
340: Offences against this Part
1: Every person commits an offence who contravenes or fails to comply with any obligation or requirement imposed on him or her by this Part or by any order made under section 333
2: Every person who commits an offence under this section is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000:
b: in any other case, to a fine not exceeding $50,000. 1974 No 14 s 29I 1977 No 130 s 3 Section 340(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
341: Recovery of levies
1: If any person who is liable under this Part to pay an oil pollution levy to the Oil Pollution Fund fails to do so, the amount of the levy may be recovered from that person as a debt due to the Authority.
2: Where a person fails to pay on demand any oil pollution levy under subsection (1), the provisions of section 197 1974 No 14 s 29J 1977 No 130 s 3
25: Civil liability for pollution of marine environment
342: Interpretation
1: In this Part, unless the context otherwise requires,— bunker oil
a: any hydrocarbon mineral oil used, or intended to be used, for the operation or propulsion of a ship; and
b: any residues of that oil Bunker Oil Convention
a: means the International Convention on Civil Liability for Bunker Oil Pollution Damage done at London on 23 March 2001; and
b: includes any subsequent protocol or amendment to, or revision of, that convention accepted or ratified by New Zealand Bunker Oil Convention ship Bunker Oil Convention State Civil Liability Convention or CLC CLC owner
a: in the case of a registered CLC ship, the person registered as the owner of that ship; or
b: in the case of an unregistered CLC ship, the person who owns the ship; or
c: in the case of a CLC ship owned by a State and operated by a person registered as the ship’s operator, the person registered as its operator CLC ship CLC State harmful substance
a: any substance specified as a harmful substance for the purposes of section 225
b: oil:
c: bunker oil insurance marine agency marine structure oil oil tanker pollution damage caused by or resulting from the escape or discharge of a harmful substance from a ship
a: includes the cost of any reasonable preventive measures taken to prevent or reduce pollution damage and any damage or loss occurring as a result of those measures; and
b: includes the costs of reasonable measures of reinstatement of the environment that are undertaken or to be undertaken; and
c: includes losses of profit from impairment of the environment; but
d: does not include any costs in relation to the impairment of the environment other than the costs referred to in paragraphs (b) and (c) regulated foreign oil tanker regulated New Zealand oil tanker regulated New Zealand ship regulated oil tanker ( see regulated ship tonnage
a: has the meaning defined in any regulations or maritime rules made under this Act that apply to the ship, unless the term is defined differently for different purposes, or is not defined, by such regulations or rules:
b: where the tonnage cannot be ascertained under paragraph (a), means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.
2: In the Civil Liability Convention, ship
3: An order made for the purpose of the definition of regulated oil tanker in subsection (1) 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 342(1) bunker oil inserted 1 October 2014 section 92(1) Maritime Transport Amendment Act 2013 Section 342(1) Bunker Oil Convention inserted 1 October 2014 section 92(1) Maritime Transport Amendment Act 2013 Section 342(1) Bunker Oil Convention ship inserted 1 October 2014 section 92(1) Maritime Transport Amendment Act 2013 Section 342(1) Bunker Oil Convention State inserted 1 October 2014 section 92(1) Maritime Transport Amendment Act 2013 Section 342(1) Civil Liability Convention amended 23 October 2013 section 54(1) Maritime Transport Amendment Act 2013 Section 342(1) CLC ship replaced 15 June 2018 section 10(1) Maritime Transport Amendment Act 2017 Section 342(1) harmful substance replaced 1 October 2014 section 92(2) Maritime Transport Amendment Act 2013 Section 342(1) oil substituted 25 June 1999 section 3(3) Maritime Transport Amendment Act 1998 Section 342(1) pollution damage substituted 25 June 1999 section 3(4) Maritime Transport Amendment Act 1998 Section 342(1) pollution damage amended 23 October 2013 section 54(2) Maritime Transport Amendment Act 2013 Section 342(1) regulated offshore installation repealed 23 October 2013 section 54(3) Maritime Transport Amendment Act 2013 Section 342(1) regulated oil tanker amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 342(1) regulated ship replaced 23 October 2013 section 54(4) Maritime Transport Amendment Act 2013 Section 342(1) tonnage substituted 25 June 1999 section 3(5) Maritime Transport Amendment Act 1998 Section 342(2) inserted 15 June 2018 section 10(2) Maritime Transport Amendment Act 2017 Section 342(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
343: Ownership of CLC Ship
Notwithstanding any other provision of this Act, for the purposes of this Part, in respect of any discharge or escape of oil from a CLC ship, the owner of that ship shall be deemed to be the CLC owner of that ship at the time of an event giving rise to liability under this Part or (where such event consists of a series of occurrences) at the time of the first such occurrence, as the case may be. Liability for pollution from ships
344: Liability to the Crown and marine agencies for costs of cleaning up pollution
1: Subject to subsection (2), section 348 Part 7
a: a harmful substance that is discharged or escapes, or any waste or other matter that is dumped, from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters; or
b: a harmful substance, if that harmful substance poses a grave and imminent threat of being discharged or escaping from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters.
2: Nothing in this section shall apply to the discharge or escape of oil from a CLC ship.
3: The amounts payable under subsection (1) shall—
a: be payable as a debt due to the Crown or the marine agency, as the case may be; and
b: be payable only to the extent that those amounts have not been otherwise paid by the owner of the ship.
4: For the purposes of subsection (1), dealing with
a: the removing, containing, and rendering harmless the harmful substance, or the waste or other matter, or doing any of those things; and
b: any reasonable measures taken to prevent or minimise the discharge or escape of a harmful substance. 1974 No 14 s 30 Section 344(1) substituted 17 May 2005 section 4(1) Maritime Transport Amendment Act 2005 Section 344(4) substituted 17 May 2005 section 4(2) Maritime Transport Amendment Act 2005
345: Liability of shipowners for pollution damage
1: Subject to sections 347 348 Part 7
a: all pollution damage in New Zealand or the internal waters of New Zealand or in New Zealand marine waters or on to the beds below those internal or marine waters caused by—
i: a harmful substance that is discharged or escapes from a ship; or
ii: any waste or other matter that is dumped from a ship; and
b: the costs reasonably incurred for any reasonable preventive measures taken by the Crown (or marine agency) to eliminate or reduce a grave and imminent threat that a harmful substance may be discharged or escape from that ship into the internal waters of New Zealand or into New Zealand marine waters or on to the beds below those internal or marine waters.
2: The recovery of costs by the Crown (or marine agency) under section 344(1) Section 345 substituted 17 May 2005 section 5 Maritime Transport Amendment Act 2005
346: Liability for unattributable pollution damage from ships
1: Where the owner of a ship is liable in damages for pollution damage under section 345
2: Any liability under subsection (1) shall be subject to the provisions of sections 347 348 1974 No 14 ss 31(7), 32(7)
347: Limits of liability of CLC shipowners for oil pollution damage
1: If—
a: oil is discharged or escapes, or there is a grave and imminent threat of discharge or escape of oil, from a CLC ship; and
b: the discharge or escape of the CLC ship the maximum amount for which the owner is liable under section 345 section 346
2: The maximum amount for which an owner of a ship is liable in the circumstances specified in subsection (1) may be fixed from time to time by the Governor-General by Order in Council and, until the time that the maximum amount is so fixed, is—
a: 3 million units of account for a ship not exceeding 5 000 units of tonnage; and
b: for a ship with a tonnage exceeding 5 000 units, 3 million units of account plus 420 units of account for each additional unit of tonnage, up to a maximum aggregate amount of 59.7 million units of account.
3: The owner of a ship shall be liable for the costs of any proceedings that may be awarded against that owner in addition to any other liabilities which are subject to a maximum amount determined under this section.
4: The maximum amount of liability of an owner of a ship determined under this section shall relate to all pollution damage that arises on any one occasion and whether or not the pollution damage arising from that occasion is sustained by more than 1 person.
5: If the maximum amount for which the owner of a ship may be liable under this section is paid into court, no subsequent variation of the method of calculating the liability in New Zealand currency under any marine protection rules will affect
6: The liability limits for pollution damage, other than oil pollution damage from CLC ships, are specified in Part 7
7: An order under subsection (2) is secondary legislation ( see Part 3 1974 No 14 ss 31(3), (4), 32(3), (4) 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 347 heading replaced 23 October 2013 section 55(1) Maritime Transport Amendment Act 2013 Section 347(1) substituted 25 June 1999 section 4(1) Maritime Transport Amendment Act 1998 Section 347(1)﻿(a) replaced 23 October 2013 section 55(2) Maritime Transport Amendment Act 2013 Section 347(1)﻿(b) amended 23 October 2013 section 55(3) Maritime Transport Amendment Act 2013 Section 347(1)﻿(b) amended 17 May 2005 section 6(2) Maritime Transport Amendment Act 2005 Section 347(2) substituted 25 June 1999 section 4(1) Maritime Transport Amendment Act 1998 Section 347(5) substituted 25 June 1999 section 4(2) Maritime Transport Amendment Act 1998 Section 347(5) amended 23 October 2013 section 55(4) Maritime Transport Amendment Act 2013 Section 347(6) replaced 23 October 2013 section 55(5) Maritime Transport Amendment Act 2013 Section 347(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
348: Defences to shipowner’s liability for pollution damage
1: The owner of a ship shall not be liable section 344 section 345 section 346 , or the grave and imminent threat of the discharge or escape,
a: resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable, and irresistible character; or
b: was wholly caused by the act or omission of a third person, other than the employee or agent of the owner, with intent to cause damage; or
c: was wholly caused by the negligence or other wrongful act of any government or other authority, or of any person, responsible for the maintenance of lights or other navigational aids in the exercise of its functions in relation to those lights or aids.
2: The owner of a ship shall not be liable in damages to a claimant under section 344 section 345 section 346 discharge or escape, or the grave and imminent threat of the discharge or escape, 1974 No 14 s 33(1), (3) Section 348(1) amended 17 May 2005 section 7(1)﻿(a) Maritime Transport Amendment Act 2005 Section 348(1) amended 17 May 2005 section 7(1)﻿(b) Maritime Transport Amendment Act 2005 Section 348(1) amended 17 May 2005 section 7(1)﻿(c) Maritime Transport Amendment Act 2005 Section 348(2) amended 17 May 2005 section 7(2)﻿(a) Maritime Transport Amendment Act 2005 Section 348(2) amended 17 May 2005 section 7(2)﻿(b) Maritime Transport Amendment Act 2005
349: Reduction of shipowner’s liability for pollution damage where contributory negligence
1: A court may reduce, to such extent as it thinks just and equitable, the damages for which the owner of a ship is liable to a claimant under section 345 section 346
2: For the purposes of subsection (1), the term claimant 1974 No 14 s 33(4)
350: Proceedings against third parties in respect of pollution from ships
1: Subject to subsection (3), where the owner of a ship avoids liability under section 344 section 345 section 346 paragraph (b) or paragraph (c) of section 348(1)
2: If proceedings have been brought under this section against a person specified in section 348(1)﻿(c) section 351
3: Proceedings shall not be brought under this section against any government other than the Government of New Zealand. 1974 No 14 s 40(1), (3) Section 350(1) amended 17 May 2005 section 8(a) Maritime Transport Amendment Act 2005 Section 350(1) amended 17 May 2005 section 8(b) Maritime Transport Amendment Act 2005
351: Distribution of amounts paid in satisfaction of liability
1: Where a court finds that the owner of a ship is liable in damages under section 345 section 346 section 347
a: determine the maximum amount of liability; and
b: direct payment into court of that amount; and
c: determine the amount to which the persons making claims in the proceedings would otherwise be entitled; and
d: direct the distribution of the amount paid into court to each of those persons in proportion to the amount determined under paragraph (c) as the amount to which that person would otherwise be entitled.
2: Where, prior to a court making a direction for distribution of moneys under this section, any sum has been paid to a person in or towards satisfaction of any claim in damages for pollution damage under section 345 section 346
a: by the owner of the ship or any insurer; or
b: by a person who has or is alleged to have incurred liability otherwise than under section 345 section 346
i: the employee or agent of the owner of the ship; or
ii: the charterer of the ship or the agent in New Zealand of the charterer; or
iii: any person interested in, or in possession of, the ship,— the person who paid the sum shall, to the extent of the amount paid, be in the same position with respect to any distribution made in accordance with this section as the person to whom it was paid would have been.
3: Where an owner of a ship who is liable under section 345 section 346
4: No claim for the distribution of any money under this section shall be admitted by a court unless it is made within such time as the court may direct or such further time as the court may allow.
5: The court may, if it thinks fit, postpone the distribution of any money under this section having regard to any claims that may be made in the future. 1974 No 14 s 35
352: Liability of shipowners for damages for pollution damage only under this Act
Where any pollution damage is caused in New Zealand, the internal waters of New Zealand, or New Zealand marine waters, or the seabed below such waters, by the discharge or escape of a harmful substance, or the dumping of waste or other matter, from a ship into the sea or the seabed,—
a: the only claim in damages that may be made against the owner of that ship in respect of pollution damage caused by that discharge or dumping is as provided in sections 344 345 346
b: no claim in damages may be made under section 344
c: no claim in damages may be made under section 345 section 346
i: the employees or agents of the owner or the members of the crew of the ship; or
ii: the pilot or any other person who, without being a member of the crew, performs services for the ship; or
iii: despite paragraph (a)﻿(iii) of the definition of the term owner in section 222(2)
iv: any person performing salvage operations with the consent of the owner or the Director; or
v: any person taking measures to prevent pollution damage; or
vi: any servant or agent of a person described in subparagraphs (iii) to (v),— in respect of pollution damage caused by that discharge or dumping unless the pollution damage resulted from that person’s personal act or omission, committed with intent to cause pollution damage or recklessly as to whether pollution damage would probably occur. Section 352 substituted 25 June 1999 section 5 Maritime Transport Amendment Act 1998
353: Restrictions on enforcement of claims against shipowners
1: Where the amount directed to be paid under section 351(1)
a: the court shall order the release of any ship or other property detained, or any security given, in connection with the claim in respect of which the amount has been paid; and
b: no judgment for any such claim shall be enforced (except in relation to costs).
2: In proceedings under this Part against the owner of a ship, the reasonable costs and expenses of the claimant, including costs incurred between solicitor and client, shall, unless the court otherwise orders, be taxed by the court and paid by that owner. 1974 No 14 s 36
354: Ships owned by Convention States
1: In any action under section 345 346
a: a CLC State and the pollution damage is in respect of the discharge or escape of oil:
b: a Bunker Oil Convention State and the pollution damage is in respect of the discharge or escape of bunker oil.
2: This section does not permit enforcement against the property of any convention State. Section 354 replaced 1 October 2014 section 93 Maritime Transport Amendment Act 2013 Liability for pollution from marine structures and operations Heading repealed 23 October 2013 section 56 Maritime Transport Amendment Act 2013
355: Liability to the Crown and marine agencies for costs of cleaning up pollution
Section 355 repealed 23 October 2013 section 56 Maritime Transport Amendment Act 2013
356: Liability for pollution damage from marine operations and structures
Section 356 repealed 23 October 2013 section 56 Maritime Transport Amendment Act 2013
357: Liability for unattributable pollution damage from marine structures and operations
Section 357 repealed 23 October 2013 section 56 Maritime Transport Amendment Act 2013
358: Defences in respect of liability for pollution damage from marine structures and operations
Section 358 repealed 23 October 2013 section 56 Maritime Transport Amendment Act 2013
359: Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence
Section 359 repealed 23 October 2013 section 56 Maritime Transport Amendment Act 2013
360: Proceedings against third parties in respect of pollution from marine structures or operations
Section 360 repealed 23 October 2013 section 56 Maritime Transport Amendment Act 2013 General provisions in respect of liability for pollution damage
361: Time for bringing proceedings
No action under section 345 section 346 section 350 , or in respect of the discharge or escape of bunker oil from a Bunker Oil Convention ship, 1974 No 14 s 41 Section 361 amended 1 October 2014 section 94 Maritime Transport Amendment Act 2013
362: Part 7 not to affect liability under this Part
Section 362 repealed 23 October 2013 section 57 Maritime Transport Amendment Act 2013 Mandatory insurance for certain ships and offshore installations
363: Certain ships to have certificates of insurance
1: No regulated oil tanker or regulated ship shall enter or leave any port in New Zealand or New Zealand marine waters unless a section 270 section 271 , and carried on board,
2: No regulated New Zealand oil tanker or regulated New Zealand ship shall enter or leave any port outside New Zealand unless a section 270 , and carried on board,
3: The Director may, in accordance with the provisions of the marine protection rules and of section 270 section 271 1974 No 14 s 37(2) Section 363(1) amended 9 June 1999 section 34(a) Maritime Transport Amendment Act 1999 Section 363(1) amended 9 June 1999 section 34(b) Maritime Transport Amendment Act 1999 Section 363(2) amended 9 June 1999 section 34(a) Maritime Transport Amendment Act 1999 Section 363(2) amended 9 June 1999 section 34(b) Maritime Transport Amendment Act 1999
363A: Certain ships to have bunker oil certificates of insurance
1: This section applies to—
a: every ship of 1 000 gross tonnage or more that is entering or leaving a port in New Zealand or New Zealand marine waters:
b: every New Zealand ship of 1 000 gross tonnage or more, wherever it may be.
2: The owner must ensure that there is for the time being in force in respect of the ship, and carried on board the ship, a certificate of insurance—
a: issued, recognised, or accepted by the Director under section 270 271
b: confirming that the owner has provided evidence that there is insurance or other financial security covering the owner's liability under the Bunker Oil Convention. Section 363A inserted 1 October 2014 section 95 Maritime Transport Amendment Act 2013
364: Regulated offshore installations to have certificates of insurance
Section 364 repealed 23 October 2013 section 58 Maritime Transport Amendment Act 2013
365: Production of certificate of insurance
The master of a ship must section 363 section 364 1974 No 14 s 37(6) Section 365 amended 23 October 2013 section 59 Maritime Transport Amendment Act 2013
366: Rights of third parties against insurers of
regulated oil tankers and regulated ships
1: If the owner of any ship is alleged to have incurred liability under any or all of sections 344 345 346
2: In proceedings brought against the insurer under this section, it shall be a defence, in addition to any defence under this Act affecting the owner’s liability, for the insurer to prove that the discharge or escape of a harmful substance, or the dumping of waste or other matter, giving rise to liability resulted from the wilful misconduct of the owner of the ship
3: The liability of the insurer in proceedings under this section against the owner of a regulated ship (irrespective of the actual fault or privity of that owner) is limited in like manner and to the same extent as the liability of that owner is limited under section 347
4: Nothing in this section shall prejudice any claim, or the enforcement of any claim, by any person against the owner of the ship
5: In this section, insurer section 363 363A 1974 No 14 s 39 Section 366 heading amended 23 October 2013 section 60(1) Maritime Transport Amendment Act 2013 Section 366(1) replaced 23 October 2013 section 60(2) Maritime Transport Amendment Act 2013 Section 366(2) amended 23 October 2013 section 60(3) Maritime Transport Amendment Act 2013 Section 366(4) amended 23 October 2013 section 60(3) Maritime Transport Amendment Act 2013 Section 366(5) inserted 23 October 2013 section 60(4) Maritime Transport Amendment Act 2013 Section 366(5) amended 1 October 2014 section 96 Maritime Transport Amendment Act 2013
367: Offences
1: The owner and the master of a ship each commits an offence and is liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $200,000 if, without reasonable excuse, the ship enters or leaves, or attempts to enter or leave, a port in New Zealand or New Zealand marine waters in breach of section 363 363A
2: The master of a ship in New Zealand marine waters commits an offence and is liable to a fine not exceeding $10,000 if, without reasonable excuse, the ship fails to carry, or the master fails to produce, the certificate of insurance required to be carried under section 363 363A
3: The owner and the master of a New Zealand ship is liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $200,000 if, without reasonable excuse, the ship enters or leaves a port outside New Zealand in breach of section 363 363A Section 367 replaced 23 October 2013 section 61 Maritime Transport Amendment Act 2013 Section 367(1) amended 1 October 2014 section 97 Maritime Transport Amendment Act 2013 Section 367(2) amended 1 October 2014 section 97 Maritime Transport Amendment Act 2013 Section 367(3) amended 1 October 2014 section 97 Maritime Transport Amendment Act 2013 Miscellaneous
368: Application of admiralty jurisdiction
1: The admiralty jurisdiction of the High Court of New Zealand shall extend to any claim under this Part in respect of liability for pollution damage involving a ship, and section 4(1)﻿(d)
2: No action shall be brought in a court to enforce any claim attributable to the discharge of oil causing damage in or to the territory, territorial sea, or exclusive economic zone 1974 No 14 s 43 1977 No 12 s 5 Section 368(2) amended 25 June 1999 section 7 Maritime Transport Amendment Act 1998
369: Reciprocal enforcement of judgments
1: Part 1 section 6(3) and (4) section 345
2: A judgment given by a court in Australia to enforce a claim in respect of liability incurred under Part II of the Protection of the Sea (Civil Liability) Act 1981 (Aust) (or any later Australian enactments corresponding to section 345 subpart 5 Trans-Tasman Proceedings Act 2010 1974 No 14 s 44 Section 369 replaced 11 October 2013 section 10(1) Trans-Tasman Proceedings Act 2010
26: Compensation from International Oil Pollution Compensation Fund
and Supplementary Fund Heading amended 15 June 2018 section 11 Maritime Transport Amendment Act 2017
370: Interpretation
In this Part, unless the context otherwise requires,— Civil Liability Convention section 342 CLC ship section 342 CLC State section 342 fund Fund Convention International Oil Pollution Fund International Oil Pollution Supplementary Fund Supplementary Fund oil owner section 342 pollution damage section 342 Supplementary Fund Protocol tonnage section 342 1974 No 14 s 47 Section 370 Convention ship repealed 15 June 2018 section 12(1)﻿(a) Maritime Transport Amendment Act 2017 Section 370 fund inserted 15 June 2018 section 12(3) Maritime Transport Amendment Act 2017 Section 370 International Oil Pollution Fund amended 15 June 2018 section 12(1)﻿(b) Maritime Transport Amendment Act 2017 Section 370 International Oil Pollution Supplementary Fund Supplementary Fund inserted 15 June 2018 section 12(3) Maritime Transport Amendment Act 2017 Section 370 oil substituted 25 June 1999 section 8(1) Maritime Transport Amendment Act 1998 Section 370 owner inserted 15 June 2018 section 12(2) Maritime Transport Amendment Act 2017 Section 370 owner repealed 15 June 2018 section 12(2) Maritime Transport Amendment Act 2017 Section 370 owner repealed 15 June 2018 section 12(2) Maritime Transport Amendment Act 2017 Section 370 pollution damage inserted 25 June 1999 section 8(3) Maritime Transport Amendment Act 1998 Section 370 Supplementary Fund Protocol inserted 15 June 2018 section 12(3) Maritime Transport Amendment Act 2017 Compensation and indemnity from International Oil Pollution Fund and Supplementary Fund Heading amended 15 June 2018 section 13 Maritime Transport Amendment Act 2017
371: International Oil Pollution Fund and Supplementary Fund declared to be legal entities
The International Oil Pollution Fund and the Supplementary Fund are legal entities and each fund has all the rights, powers, duties, and liabilities of a legal person. Section 371 replaced 15 June 2018 section 14 Maritime Transport Amendment Act 2017
372: Compensation from International Oil Pollution Fund
and Supplementary Fund
1: Subject to the provisions of this Part, the International Oil Pollution Fund must pay section 373(1) in New Zealand, the internal waters of New Zealand, or New Zealand marine waters, or the seabed below such waters CLC ship
a: if the owner of the ship is not liable for the pollution damage under Part 25
b: if, and to the extent that, the pollution damage exceeds the maximum amount of liability of the owner of the ship determined under section 347
c: if, and to the extent that, the pollution damage exceeds the maximum amount of liability of the owner of the ship determined under any convention (other than the Civil Liability Convention) which is in force between New Zealand and a State that is not a CLC State; or
d: if, and to the extent that, a person (after pursuing that person’s legal remedies against the owner of the ship), and any insurer of the owner, does not recover payment in full of any damages and costs awarded by a court under section 345 section 366
2: Subject to the provisions of this Part, the Supplementary Fund must pay compensation, up to a maximum amount determined under section 373(1A) 1974 No 14 s 49(3) Section 372 heading amended 15 June 2018 section 15(1) Maritime Transport Amendment Act 2017 Section 372(1) amended 15 June 2018 section 15(2)﻿(a) Maritime Transport Amendment Act 2017 Section 372(1) amended 15 June 2018 section 15(2)﻿(b) Maritime Transport Amendment Act 2017 Section 372(1) amended 15 June 2018 section 15(2)﻿(c) Maritime Transport Amendment Act 2017 Section 372(1) amended 25 June 1999 section 9 Maritime Transport Amendment Act 1998 Section 372(2) inserted 15 June 2018 section 15(3) Maritime Transport Amendment Act 2017
373: Maximum amount of liability of International Oil Pollution Fund
and Supplementary Fund
1: The maximum amount for which the International Oil Pollution Fund is liable for pollution damage under section 372(1)
a: where the pollution damage resulted from a natural phenomenon of an exceptional, inevitable, and irresistible character, the amount of 135
b: where no liability arises because of the provisions of section 348 135
c: where liability has been incurred under section 345 section 351
1A: The maximum amount for which the Supplementary Fund is liable for pollution damage under section 372(2)
2: A maximum applies applies
3: An order under this section is secondary legislation ( see Part 3 1974 No 14 s 49(6)–(8) 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 373 heading amended 15 June 2018 section 16(1) Maritime Transport Amendment Act 2017 Section 373(1) amended 15 June 2018 section 16(2) Maritime Transport Amendment Act 2017 Section 373(1)﻿(a) amended 25 June 1999 section 10(1) Maritime Transport Amendment Act 1998 Section 373(1)﻿(b) amended 25 June 1999 section 10(1) Maritime Transport Amendment Act 1998 Section 373(1)﻿(c) substituted 25 June 1999 section 10(2) Maritime Transport Amendment Act 1998 Section 373(1A) inserted 15 June 2018 section 16(3) Maritime Transport Amendment Act 2017 Section 373(2) amended 15 June 2018 section 16(4)﻿(a) Maritime Transport Amendment Act 2017 Section 373(2) amended 15 June 2018 section 16(4)﻿(b) Maritime Transport Amendment Act 2017 Section 373(2) amended 15 June 2018 section 16(4)﻿(c) Maritime Transport Amendment Act 2017 Section 373(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
374: International Oil Pollution Fund’s liability for compensation avoided or limited in certain cases
1: The provisions of this section apply only in respect of a CLC ship carrying persistent hydrocarbon mineral oil in bulk as cargo.
2: The International Oil Pollution Fund is not liable under section 372(1)
a: if it is proved that the pollution damage resulted from an act of war, hostilities, civil war, or insurrection, or was caused by oil which had been discharged from a warship, or from any other ship owned or operated by a State, and which at the time of the discharge was being used by the Government of that State for purposes other than commercial purposes:
b: if the person making the claim in respect of the pollution damage is unable to prove that the pollution damage was the result of the discharge of oil from 1 or more ships.
3: Where the International Oil Pollution Fund proves that the damages suffered by any person are a result in part of—
a: that person’s own negligence; or
b: any act or omission by that person done or omitted with intent to cause pollution damage,— the compensation recoverable from the International Oil Pollution Fund under section 372 is reduced
4: Nothing in subsection (3) applies
a: expenses reasonably incurred or sacrifices reasonably made by the owner of a ship voluntarily to prevent or reduce pollution damage; or
b: expenses relating to measures carried out by the owner of a ship pursuant to an instruction of the Director under Part 20 1974 No 14 s 49(4), (5) Section 374(2) amended 15 June 2018 section 17(1) Maritime Transport Amendment Act 2017 Section 374(3) amended 15 June 2018 section 17(2) Maritime Transport Amendment Act 2017 Section 374(4) amended 15 June 2018 section 17(3) Maritime Transport Amendment Act 2017
375: Several claims for compensation from International Oil Pollution Fund
1: Subject to subsection (2), where liability to pay compensation is incurred under section 372(1) must determine
2: Where the amount of claims for compensation established under section 372(1) section 373(1) must order section 345 section 366 section 372(1) 1974 No 14 s 50 Section 375(1) amended 15 June 2018 section 18(1)﻿(a) Maritime Transport Amendment Act 2017 Section 375(1) amended 15 June 2018 section 18(1)﻿(b) Maritime Transport Amendment Act 2017 Section 375(2) amended 15 June 2018 section 18(2)﻿(a) Maritime Transport Amendment Act 2017 Section 375(2) amended 15 June 2018 section 18(2)﻿(b) Maritime Transport Amendment Act 2017 Section 375(2) amended 15 June 2018 section 18(2)﻿(c) Maritime Transport Amendment Act 2017
376: International Oil Pollution Fund to indemnify certain shipowners
Section 376 repealed 25 June 1999 section 11 Maritime Transport Amendment Act 1998
377: International Oil Pollution Fund’s liability to indemnify limited or avoided in certain cases
Section 377 repealed 25 June 1999 section 11 Maritime Transport Amendment Act 1998 Provisions in respect of proceedings against International Oil Pollution Fund or Supplementary Fund Heading amended 15 June 2018 section 19 Maritime Transport Amendment Act 2017
378: Time for bringing proceedings against International Oil Pollution Fund
or Supplementary Fund
1: No action to enforce a claim against the International Oil Pollution Fund or the Supplementary Fund section 372 may be brought served on the fund section 380 may be brought
2: 1974 No 14 s 53 Section 378 heading amended 15 June 2018 section 20(1) Maritime Transport Amendment Act 2017 Section 378(1) amended 15 June 2018 section 20(2)﻿(a) Maritime Transport Amendment Act 2017 Section 378(1) amended 15 June 2018 section 20(2)﻿(b) Maritime Transport Amendment Act 2017 Section 378(1) amended 15 June 2018 section 20(2)﻿(c) Maritime Transport Amendment Act 2017 Section 378(1) amended 25 June 1999 section 12(1) Maritime Transport Amendment Act 1998 Section 378(2) repealed 25 June 1999 section 12(2) Maritime Transport Amendment Act 1998
379: Jurisdiction of court in respect of claims against International Oil Pollution Fund
or Supplementary Fund
1: Subject to this section, no action may be brought in a court to enforce a claim against the International Oil Pollution Fund or the Supplementary Fund section 372
2: If an action to enforce a claim for compensation for pollution damage under the Civil Liability Convention has been brought before a court in a State that is a party to that convention but is not a party to the Fund Convention or the Supplementary Fund Protocol, an action by the claimant against the International Oil Pollution Fund for compensation under Article 4 of the Fund Convention (or against both that fund under Article 4 of the Fund Convention and the Supplementary Fund under Article 4 of the Supplementary Fund Protocol) may be brought before a court in New Zealand, and the provisions of this Part apply accordingly. 1974 No 14 s 54(1), (2) Section 379 heading amended 15 June 2018 section 21(1) Maritime Transport Amendment Act 2017 Section 379(1) substituted 25 June 1999 section 13(1) Maritime Transport Amendment Act 1998 Section 379(1) amended 15 June 2018 section 21(2) Maritime Transport Amendment Act 2017 Section 379(2) replaced 15 June 2018 section 21(3) Maritime Transport Amendment Act 2017
380: Notice of proceedings against International Oil Pollution Fund or Supplementary Fund
If proceedings are brought against the International Oil Pollution Fund or the Supplementary Fund under section 372 Section 380 replaced 15 June 2018 section 22 Maritime Transport Amendment Act 2017
381: Notice to and joining of International Oil Pollution Fund and Supplementary Fund in certain proceedings
1: In proceedings brought in a court against the owner of a CLC ship, or the owner’s insurer, to enforce a claim in respect of any liability incurred under section 372
a: either party to the proceedings may serve a notice on the International Oil Pollution Fund or on the Supplementary Fund; and
b: either party may join the fund served in the action; and
c: the fund served may apply to the court to be joined in the action.
2: A notice served under subsection (1)﻿(a) must—
a: give sufficient details of the cause of action to allow the fund served to decide whether to apply to be joined in the action; and
b: specify a period of 30 days, or a lesser period ordered by the court, for the fund served to apply to be joined in the action.
3: If the fund served applies to be joined in the action, the court must join the fund in the proceedings.
4: If a fund has been served under subsection (1)﻿(a) but has not been joined in the proceedings, the judgment of the court is final and binding on the fund to the extent that the fund may not challenge the findings of the court in any proceedings relating to the same cause of action. Section 381 replaced 15 June 2018 section 23 Maritime Transport Amendment Act 2017
382: Reciprocal enforcement of judgments against International Oil Pollution Fund
or Supplementary Fund
1: Part 1 applies the International Oil Pollution Fund or the Supplementary Fund in a country in respect of which the Fund Convention or the Supplementary Fund Protocol (as the case may be) is in force
2: Subsections (3) and (4) of section 6 have no effect
3: Where a court in a country in respect of which the Fund Convention or the Supplementary Fund Protocol that convention or paragraph 3 of Article 4 of that protocol (as the case may be) is the judgment 1974 No 14 s 55 Section 382 heading amended 15 June 2018 section 24(1) Maritime Transport Amendment Act 2017 Section 382(1) amended 15 June 2018 section 24(2)﻿(a) Maritime Transport Amendment Act 2017 Section 382(1) amended 15 June 2018 section 24(2)﻿(b) Maritime Transport Amendment Act 2017 Section 382(2) amended 15 June 2018 section 24(3) Maritime Transport Amendment Act 2017 Section 382(3) amended 15 June 2018 section 24(4)﻿(a) Maritime Transport Amendment Act 2017 Section 382(3) amended 15 June 2018 section 24(4)﻿(b) Maritime Transport Amendment Act 2017 Section 382(3) amended 15 June 2018 section 24(4)﻿(c) Maritime Transport Amendment Act 2017
383: Rights of subrogation of International Oil Pollution Fund
or Supplementary Fund Where any person has received compensation from the International Oil Pollution Fund or the Supplementary Fund section 372 the fund is (up to the amount of compensation paid) subrogated
a: section 345 section 366
b: any other person in respect of the pollution damage for which compensation has been paid and the rights of the fund must be as favourable 1974 No 14 s 56 Section 383 heading amended 15 June 2018 section 25(1) Maritime Transport Amendment Act 2017 Section 383 amended 15 June 2018 section 25(2)﻿(a) Maritime Transport Amendment Act 2017 Section 383 amended 15 June 2018 section 25(2)﻿(b) Maritime Transport Amendment Act 2017 Section 383(a) amended 25 June 1999 section 16 Maritime Transport Amendment Act 1998 Section 383(b) amended 15 June 2018 section 25(3)﻿(a) Maritime Transport Amendment Act 2017 Section 383(b) amended 15 June 2018 section 25(3)﻿(b) Maritime Transport Amendment Act 2017 Miscellaneous provisions relating to International Oil Pollution Fund Heading repealed 25 June 1999 section 17 Maritime Transport Amendment Act 1998
384: International Oil Pollution Fund as insurer
Section 384 repealed 25 June 1999 section 17 Maritime Transport Amendment Act 1998 Levies on oil imports
385: Levies on oil imports
1: For the purpose of complying with the requirements of Articles 10,
1A: For the purpose of complying with the requirements of Articles 10 to 15 of the Supplementary Fund Protocol, the Governor-General may, by Order in Council, impose a levy on oil carried by sea and landed from a ship in any port or oil transfer site in New Zealand (whether or not landed from a country outside New Zealand).
2: Without limiting anything in subsections (1) and (1A), an Order in Council under this section
a: the rate of the levy, and the basis on which it is to be assessed in any one calendar year, whether for that year or the preceding calendar year or for any other calendar year:
b: any additional rate of levy, and the basis on which it is to be assessed:
c: the persons liable to pay the levy, the due date for payment, and the persons to whom the levy is to be paid:
d: penalties and interest for non-payment and for late payment of levies:
e: the taking of legal proceedings to recover any levy or any penalty or amount of interest.
3: In this section, the term oil
a: crude oil, namely, any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation; and includes crude oils from which certain distillate fractions have been removed (topped crudes) or to which certain distillate fractions have been added (spiked or reconstituted crudes):
b: fuel oil, namely, heavy distillates or residues from crude oil, or blends of such materials, intended for use as a fuel for the production of heat or power of a quality equivalent to or heavier than the American Society for Testing and Materials’ Specification for Number Four Fuel Oil (Designation D396-69).
4: 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 385(1) amended 15 June 2018 section 26(1)﻿(a) Maritime Transport Amendment Act 2017 Section 385(1) amended 15 June 2018 section 26(1)﻿(b) Maritime Transport Amendment Act 2017 Section 385(1A) inserted 15 June 2018 section 26(2) Maritime Transport Amendment Act 2017 Section 385(2) amended 15 June 2018 section 26(3) Maritime Transport Amendment Act 2017 Section 385(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26A: Civil liability for pollution of marine environment from marine structures
Part 26A inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385A: Interpretation
In this Part, unless the context otherwise requires,— harmful substance
a: any substance specified as a harmful substance for the purposes of section 225
b: oil marine agency marine structure oil pollution damage
a: includes the costs of any reasonable preventive measures taken to prevent or reduce pollution damage and any damage or loss occurring as a result of those measures; and
b: includes the costs of reasonable measures of reinstatement of the environment that are undertaken or to be undertaken; and
c: includes losses of profit from impairment of the environment; but
d: does not include any costs in relation to the impairment of the environment other than the costs referred to in paragraphs (b) and (c) port facility
a: a port; and
b: the buildings, installations, other structures, or equipment on or adjacent to a port and used in connection with the port's operation or administration regulated offshore installation
a: means an offshore installation within New Zealand continental waters; and
b: includes any pipeline connected to that installation. 1994 No 104 s 342 Section 385A inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013 Section 385A insurance repealed 1 January 2020 section 4 Maritime Transport (Offshore Installations) Amendment Act 2019
385B: Liability to the Crown and marine agencies for costs of cleaning up pollution
1: Subject to section 385E Part 7
a: a harmful substance that is discharged or escapes, or any waste or other matter that is dumped, from that marine operation or marine structure into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters; or
b: a harmful substance, if that harmful substance poses a grave and imminent threat of being discharged or escaping from that marine operation or marine structure into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters.
2: The amounts payable under subsection (1) are payable—
a: as a debt due to the Crown or the marine agency, as the case may be; and
b: only to the extent that those amounts have not otherwise been paid by the owner of the marine structure or the person in charge of that marine operation.
3: For the purposes of subsection (1), dealing with
a: removing, containing, and rendering harmless the harmful substance, or the waste or other matter, or doing any of those things; and
b: any reasonable measures taken to prevent or minimise the discharge or escape of a harmful substance. 1974 No 14 s 30 s 355 Section 385B inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013 Liability for pollution from marine structures and operations Heading inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385C: Liability for pollution damage from marine structures and operations
1: Subject to sections 385D 385E Part 7
a: all pollution damage in New Zealand or the internal waters of New Zealand or New Zealand continental waters or the beds below those internal or continental waters caused by—
i: a harmful substance that is discharged or escapes from that structure or operation; or
ii: any waste or other matter that is dumped from that structure or operation; and
b: the costs reasonably incurred for any reasonable preventive measures taken by the Crown (or marine agency) to eliminate or reduce a grave and imminent threat that a harmful substance may be discharged or escape from that structure or operation into the internal waters of New Zealand or into New Zealand continental waters or on to the beds below those internal or continental waters.
2: The recovery of costs by the Crown (or marine agency) under section 385B(1) 1994 No 104 s 356 Section 385C inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385D: Liability for unattributable pollution damage from marine structures and operations
1: Where the owner of a marine structure or the person in charge of any marine operations is liable in damages for pollution damage under section 385C
2: Any liability under subsection (1) is subject to the provisions of section 385E 1994 No 104 s 357 Section 385D inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385E: Defences in respect of liability for pollution damage from marine structures and operations
1: The owner of a marine structure, or the person in charge of any marine operations, is not liable under section 385B 385C 385D
a: resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable, and irresistible character; or
b: was wholly caused by the act or omission of a third person, other than the employee or agent of the owner or the person in charge, as the case may be, with intent to cause damage; or
c: was wholly caused by the negligence or other wrongful act of any government or other authority, or of any person, responsible for the maintenance of lights or other navigational aids in the performance of its functions in relation to those lights or aids.
2: The owner of a marine structure and the person in charge of marine operations is not liable to a claimant under section 385B 385C 385D 1974 No 14 s 33(2), (3) s 358 Section 385E inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385F: Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence
1: A court may reduce to such extent as it thinks just and equitable, the damages for which the owner of a marine structure, or the person in charge of any marine operations, is liable to a claimant under section 385C 385D
2: For the purposes of subsection (1), claimant 1974 No 14 s 33(4); 1994 No 104 s 359 Section 385F inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385G: Proceedings against third parties in respect of pollution damage from marine structures or operations
Where the owner of a marine structure or the person in charge of any marine operations avoids liability in damages for pollution damage under section 385C 385D section 385E(1)﻿(b) or (c) 1974 No 14 s 40(2); 1994 No 104 s 360 Section 385G inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385H: Regulated offshore installations to have certificates of insurance
1: A current certificate of insurance issued, recognised, or accepted by the Director under section 270 271
2: The Director may, in accordance with section 270 271 1994 No 104 ss 363 364 Section 385H inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385I: Production of certificate of insurance
The person in charge of a regulated offshore installation must produce any certificate of insurance required by section 385H 1974 No 14 s 37(6); 1994 No 104 s 365 Section 385I inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
385J: Rights of third-party claimants against insurers of regulated offshore installations
1: This section applies if the owner of a regulated offshore installation is alleged to have incurred liability to a person (a claimant
a: section 385B
b: section 385C
c: section 385D
2: The claimant may recover the insured amount of the liability from any person (in this section, the insurer section 385H
3: The insured amount of the liability is the amount of indemnity (if any) payable under the terms of the contract of insurance or other financial security in respect of the owner’s liability to the claimant.
4: Proceedings may only be brought by a claimant against an insurer under this section with the leave of the court.
5: In proceedings brought by a claimant against an insurer under this section,—
a: the insurer stands in the place of the owner as if the proceedings were proceedings to recover damages, compensation, or costs from the owner; and
b: the parties have the same rights and liabilities, and the court has the same powers, as if the proceedings were proceedings brought against the insured person; and
c: the insurer is entitled to rely on any defence or any other matter in answer to the claim or in reduction of its liability to the claimant—
i: that the insurer would have been entitled to rely on in a claim made by the owner under the terms of the contract of insurance or other financial security; or
ii: that the owner would have been entitled to rely on in proceedings brought by the claimant against the owner in respect of the liability.
6: However, despite subsections (3) and (5)﻿(c)﻿(i), the insurer is not entitled to rely on any defence arising from an act or omission by the owner that occurred after the event that gave rise to the liability (for example, a defence based on a failure by the owner to comply with a condition that the owner provide information or assistance to the insurer).
7: Nothing in this section—
a: entitles a claimant to recover any amount from a re-insurer under a contract or arrangement for re-insurance:
b: prejudices any claim, or the enforcement of any claim, by any person against the owner of a regulated offshore installation in respect of pollution damage.
8: Any payment made by the insurer to the claimant under this section in respect of the liability discharges, to the extent of the payment, the liability of the insurer to make a payment to the owner under the terms of the contract of insurance or other financial security in respect of the liability.
9: An insurer’s liability to a claimant under this section is not reduced, discharged, or otherwise affected by—
a: any compromise or settlement between the insurer and the owner in respect of the liability; or
b: any payment by the insurer to the owner in respect of the liability unless and to the extent that the amount of the payment is or has been paid by the owner to the claimant in respect of the liability. Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) ss 4, 7, 9–11 Section 385J replaced 1 January 2020 section 5 Maritime Transport (Offshore Installations) Amendment Act 2019
385K: Offence
The owner and person in charge of a regulated offshore installation each commits an offence and is liable to imprisonment for a term not exceeding 2 years or to a fine of $200,000 if, without reasonable excuse, a current certificate of insurance issued under the marine protection rules is not for the time being in force in respect of the regulated offshore installation. 1994 No 104 s 367(3) Section 385K inserted 23 October 2013 section 62 Maritime Transport Amendment Act 2013
27: Making of marine protection rules and regulations and taking of other measures to protect marine environment
Marine protection rules
386: Marine protection rules to implement international standards
1: The Minister may from time to time make marine protection rules for all or any of the following purposes:
a: to implement New Zealand’s obligations under any marine protection convention:
b: to make such rules as may be necessary to enable New Zealand to become a party to any international convention, protocol, or agreement relating to the protection of the marine environment:
c: to implement such international practices or standards relating to the protection of the marine environment as may from time to time be recommended by the International Maritime Organisation.
2: Nothing in subsection (1) limits any other provision of this Act that empowers the making of marine protection rules.
3: Marine protection rules under this section are secondary legislation ( see Part 3 1990 No 98 s 28 1992 No 75 s 18 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 386(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
387: Marine protection rules relating to marine protection documents
1: The Minister may from time to time make marine protection rules requiring that a marine protection document be held by or in respect of all or any of the following:
a: New Zealand ships:
b: foreign ships:
c: offshore installations:
d:
e: marine incineration facilities:
f: oil transfer sites:
g: cargo loading and unloading terminals:
h: marine protection products:
i: reception facilities:
j: persons or organisations that provide—
i: maritime training; or
ii: the testing, inspection, audit, or certification of ships or marine protection products; or
iii: the design, manufacture, or maintenance of ships or marine protection products:
k: any other vessel, equipment, person, or organisation engaged or used in maritime activities or activities that, in the opinion of the Minister, relate to maritime activities.
2: Marine protection rules may provide for the recognition in writing by the Director of licences, permits, certificates, or other documents.
3: The requirements, standards, and application procedure for each marine protection document and the maximum period for which each document may be issued or recognised, as the case may be, shall be prescribed by the marine protection rules.
4: The marine protection rules may specify the requirements and criteria that must be satisfied in respect of the relevant insurance or other financial security section 363 363A 385H
4A: Without limiting subsection (4), the marine protection rules may—
a: provide for the types of liability and the amount for which insurance or other financial security must be held for the purpose of section 385H
b: set requirements and criteria for regulated offshore installations that must be satisfied in respect of insurance or other financial security for the costs of complying with a marine oil spill contingency plan in accordance with section 313
5: Subject to any marine protection rules, a marine protection document may be issued or a document may be recognised as a marine protection document, as the case may be, by the Director for such specified period and subject to such conditions as the Director considers appropriate in each particular case.
6: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424
7: Marine protection rules under this section are secondary legislation ( see Part 3 1990 No 98 s 7 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 387(1)﻿(d) repealed 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 387(4) amended 1 January 2020 section 6(1) Maritime Transport (Offshore Installations) Amendment Act 2019 Section 387(4) amended 1 October 2014 section 98 Maritime Transport Amendment Act 2013 Section 387(4A) inserted 1 January 2020 section 6(2) Maritime Transport (Offshore Installations) Amendment Act 2019 Section 387(6) amended 1 March 2017 section 261 District Court Act 2016 Section 387(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
388: Marine protection rules in relation to harmful and other substances
1: The Minister may from time to time make marine protection rules for all or any of the following purposes:
a: section 225
b: section 225
c: section 225
ca: section 247
d: section 225
e:
f:
g:
h:
i: regulating or prohibiting, in relation to ships
i: the discharge of harmful substances or any specified harmful substance, whether generally or in any specified area:
ii: the removal or retention on board of harmful substances:
iii: the stowage, packaging, containment, marking, labelling, documentation, and notification of harmful substances carried in packaged form:
iv: plans for emergencies involving harmful substances or any specified harmful substance:
j:
i: giving notice under section 227
ii: giving notice under section 228
iii: giving notice under section 229 section 230
iv: surveys and inspections:
v: records to be kept in respect of activities involving harmful substances or any specified harmful substance:
k:
l: the high seas
m:
n: prescribing requirements and procedures relating to the control and management of ballast water for the purposes of the convention, including, but not limited to, provision for the Director to issue guidelines that allow for exemptions from the requirements and procedures for ships complying with the guidelines:
o: prescribing requirements, procedures, and standards relating to the prevention of air pollution from ships for the purposes of implementing Annex VI.
2: Marine protection rules under this section are 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 388(1)﻿(a) amended 16 December 2017 section 37(1) Maritime Transport Amendment Act 2017 Section 388(1)﻿(b) amended 16 December 2017 section 37(1) Maritime Transport Amendment Act 2017 Section 388(1)﻿(c) amended 16 December 2017 section 37(1) Maritime Transport Amendment Act 2017 Section 388(1)﻿(ca) inserted 23 October 2013 section 64 Maritime Transport Amendment Act 2013 Section 388(1)﻿(ca) amended 16 December 2017 section 37(1) Maritime Transport Amendment Act 2017 Section 388(1)﻿(d) amended 16 December 2017 section 37(1) Maritime Transport Amendment Act 2017 Section 388(1)﻿(e) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(f) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(g) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(h) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(i) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 388(1)﻿(j) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(k) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(l) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(l) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 388(1)﻿(m) amended 16 December 2017 section 37(2) Maritime Transport Amendment Act 2017 Section 388(1)﻿(n) inserted 8 September 2017 section 86(10) Biosecurity Law Reform Act 2012 Section 388(1)﻿(o) inserted 16 November 2021 section 11 Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 388(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
389: Marine protection rules in relation to waste or other matter
1: The Minister may from time to time make marine protection rules for all or any of the following purposes:
a: to specify the types of waste or other matter that are toxic or hazardous wastes for the purposes of section 257
b: to specify the types of waste or other matter for which permits, or any class of permit, may not be granted under section 262 262A
c: to specify the types of waste or other matter for which permits, or any class of permit, may be granted under section 262 262A
d: to specify the application procedure for permits, or any class of permit, under section 262 262A
e: to specify the procedure for the persons (if any) who are to receive notice of an application for a permit under section 262 262A
f: to specify the requirements to be satisfied for a permit, or any class of permit, under section 262
g: to specify the terms and conditions of permits or any class of permit granted under section 262
ga: to specify the maximum duration of permits or any class of permit granted under section 262 262A
gb: to authorise the Director to specify the duration of a permit granted under section 262 262A
i: a period of time that must be no longer than the maximum duration specified for the permit under paragraph (ga) (if one is specified); or
ii: the duration of the dumping operation authorised by the permit:
h: to specify the persons (if any) with whom the Director must consult before granting a permit or any class of permit under section 262
i: to provide for the issue or renewal of permits or any class of permit granted under section 262
j: to provide for the operational requirements in respect of, and for the survey, testing, and monitoring of, marine incineration facilities.
2: The Minister shall, before making any marine protection rules under subsection (1), consult with such other Ministers as he or she considers appropriate having regard to the particular subject matter of the proposed rules.
3: Marine protection rules under this section are 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 389(1)﻿(b) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 389(1)﻿(c) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 389(1)﻿(d) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 389(1)﻿(e) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 389(1)﻿(g) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 389(1)﻿(ga) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 389(1)﻿(gb) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 389(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
390: Marine protection rules in relation to marine oil spills and other matters
1: The Minister may from time to time make marine protection rules for all or any of the following purposes:
a: specifying the matters that must be contained in—
i: shipboard or site marine oil spill contingency plans:
ii: regional marine oil spill contingency plans:
b: specifying the qualifications to be held by on-scene commanders, or any class of on-scene commander:
c: specifying the form and contents of the certificate to be issued by the Director under section 363 363A 385H
d: specifying the manner in which any notice, notification, or instruction under this Act, or any regulation or marine protection rules made under this Act, may be given by the Director:
e: requiring the Director to notify any person or persons in respect of any action taken by the Director under this Act or any regulations or marine protection rules made under this Act and, in particular, requiring the Director to comply with any obligations to notify any persons under any international conventions binding on New Zealand:
f: prescribing or providing for such matters as may be necessary to enable New Zealand to become a party to any international convention, protocol, or agreement relating to protection of the marine environment.
2: The Minister may from time to time make marine protection rules to provide for such other matters as are contemplated by or necessary for giving full effect to the provisions of Parts 18 to 26A
3: Marine protection rules under this section are 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 390(1)﻿(c) amended 1 October 2014 section 99 Maritime Transport Amendment Act 2013 Section 390(2) amended 23 October 2013 section 65(2) Maritime Transport Amendment Act 2013 Section 390(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
390A: Power of Governor-General to make marine protection rules
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make marine protection rules for any purpose for which the Minister may make marine protection rules under this Part.
2: An order under this section—
a: is secondary legislation ( see Part 3
b: is not to be drafted by the PCO under section 67(d)﻿(i) of that Act.
2A:
3: To avoid doubt,—
a: the Governor-General may amend or revoke any marine protection rule made by the Minister (as if the Governor-General had made the rule):
b: the Minister may amend or revoke any marine protection rule made by the Governor-General (as if the Minister had made the rule). 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 390A inserted 23 October 2013 section 66 Maritime Transport Amendment Act 2013 Section 390A(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 390A(2A) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
391: Power of Director to make emergency marine protection rules
1: The Director may from time to time make rules (to be called emergency marine protection rules) for any of the purposes for which the Minister may make rules under this Part, if the Director considers that—
a: such rules are necessary to alleviate or minimise any damage to the marine environment or threat of imminent damage to the marine environment; and
b: it is not practicable in the circumstances of the particular case for the Minister to make rules to effectively eliminate or alleviate the damage or threat of damage to the marine environment.
2: The Minister may revoke any emergency marine protection rule
3: The following are secondary legislation ( see Part 3
a: emergency marine protection rules under subsection (1):
b: a revocation under subsection (2).
4: If the Director is of the opinion that, because of reasons of safety or because of the imminence of the threat to the marine environment, it is impracticable to publish immediately an emergency maritime protection rule or revocation under that Act, the Director must give a copy of it to the persons (if any) whom the Director considers appropriate.
5: An emergency marine protection rule or revocation to which subsection (4) applies—
a: has effect only in relation to a person to whom it has been given under subsection (4); and
b: comes into force in relation to that person immediately after it is given to the person (even if it is not yet published).
6: For the purposes of subsection (4), a rule or revocation may be given in any way the Director considers appropriate. 1990 No 98 s 31 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 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 391(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 391(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 391(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 391(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 391(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
392: Matters to be taken into account in making marine protection rules
In making any marine protection rules, the Minister or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:
a: the need to—
i: protect the marine environment:
ii: maintain and improve maritime safety:
ab: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: promotes and protects public health:
iv: ensures environmental sustainability:
b: the recommended international practices of the International Maritime Organisation relating to protection of the marine environment:
c: the costs of implementing measures for which the rule is being proposed:
d: the risk to the marine environment if the proposed rule is not made:
e: such other matters as the Minister or the Director, as the case may be, considers appropriate in the circumstances. 1990 No 98 s 33 Section 392(a) substituted 1 December 2004 section 7(1) Maritime Transport Amendment Act 2004 Section 392(ab) inserted 1 December 2004 section 7(1) Maritime Transport Amendment Act 2004 Section 392(c) substituted 1 December 2004 section 7(2) Maritime Transport Amendment Act 2004
393: Further provisions relating to marine protection rules
The provisions of sections 446 to 452 Regulations
394: Regulations
1: Without limiting any other provision of this Act, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing purposes for which expenditure budgets are not required under section 332
b: requiring insurance and other financial guarantees, and certification relating to the same, in respect of offshore installations and classes of offshore installations:
c: requiring insurance and other financial guarantees, and certification relating to the same in respect of ships, or classes of ships, other than regulated oil tankers (as defined in section 342
d: prescribing those breaches of marine protection rules that constitute offences against this Act:
e: prescribing those breaches of marine protection rules that constitute infringement offences against this Act:
f: prescribing the penalty for each offence prescribed under paragraph (d) which,—
i: in the case of an individual, shall be a fine not exceeding $10,000
ii: in the case of any other person, shall be a fine not exceeding $50,000
g: prescribing the infringement fee for each offence prescribed under paragraph (e) which,—
i: in the case of an individual, shall be a fine not exceeding $2,000; or
ii: in the case of any other person, shall be a fine not exceeding $12,000:
h: prescribing offences for breaches of any regulations made under this section and, except where some other penalty is prescribed by this Act, prescribing the penalty for each such offence which,—
i: in the case of an individual, shall be a fine not exceeding $10,000
ii: in the case of any other person, shall be a fine not exceeding $50,000
i: such other matters as are contemplated by or necessary for giving full effect to the provisions of Parts 18 to 27
2: Regulations made under subsection (1) may, in addition to any other penalty imposed under this section, where the offence is a continuing one, impose further fines not exceeding $1,000 for each day or part of a day on which the offence is continued.
3: Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, ships, offshore installations, pipelines, marine protection products, or other property or with respect to the same class of person, ship, offshore installation, pipeline, marine protection product, or other property in different circumstances.
4: Regulations under this section are 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 394(1)﻿(f)﻿(i) amended 1 April 2021 section 39(1) Regulatory Systems (Transport) Amendment Act 2021 Section 394(1)﻿(f)﻿(ii) amended 1 April 2021 section 39(2) Regulatory Systems (Transport) Amendment Act 2021 Section 394(1)﻿(h)﻿(i) amended 1 April 2021 section 39(3) Regulatory Systems (Transport) Amendment Act 2021 Section 394(1)﻿(h)﻿(ii) amended 1 April 2021 section 39(4) Regulatory Systems (Transport) Amendment Act 2021 Section 394(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 General powers of Director in relation to protection of marine environment
395: Director may grant exemptions from marine protection rules
1: The Director may, if the Director thinks it appropriate,—
a: exempt 1 or more named or specified persons, ships, marine protection products, offshore installations, pipelines, reception facilities, items of real or personal property, or other things from 1 or more specified requirements in a marine protection rule; or
b: exempt any class of person, ship, marine protection product, offshore installation, pipeline, reception facility, real or personal property, or other thing from 1 or more specified requirements in a marine protection rule.
2: The Director must not grant an exemption unless satisfied that—
a: granting the exemption will not breach New Zealand’s obligations under any convention; and
b: one of the following applies:
i: the requirement has been substantially complied with and further compliance is unnecessary:
ii: the manner in which the requirement has been, or is sought to be, fulfilled is as effective as or more effective than actual compliance with the requirement:
iii: the requirement is clearly unreasonable or inappropriate in this particular case:
iiia: compliance with the requirement could impede research into the development of emission reduction and control technologies and engine design programmes in relation to ships:
iv: events have occurred that make the requirement unnecessary or inappropriate in this particular case; and
c: the risk to safety will not be significantly increased by granting the exemption; and
d: the granting of the exemption will not significantly increase the risk of harm,—
i: for a marine protection rule on ballast water or for the purposes of implementing Annex VI
ii: for any other marine protection rule, to the marine environment.
3: The power under subsection (1) must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted.
4: This section does not limit or affect any other power of exemption conferred on any person under this Act or any other maritime Act.
5: Sections 40AA(5), (7), and (8) 40AB
6: An exemption granted under subsection (1)﻿(b) 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 The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on the Agency’s Internet site •	comply with section 40AA(7) 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 395 replaced 1 April 2021 section 40 Regulatory Systems (Transport) Amendment Act 2021 Section 395(2)﻿(b)﻿(iiia) inserted 16 November 2021 section 12(1) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 395(2)﻿(d)﻿(i) amended 16 November 2021 section 12(2) Maritime Transport (MARPOL Annex VI) Amendment Act 2021
395A: Appeal against decision on exemption under section 395(1)﻿(a)
A person in respect of whom any decision is taken to grant (or not to grant), to amend, or to revoke an exemption under section 395(1)﻿(a) section 424 Section 395A inserted 1 April 2021 section 40 Regulatory Systems (Transport) Amendment Act 2021
396: Inspections and audits (other than in relation to Annex VI)
1: The Director may from time to time, in writing, require any person who—
a: holds any marine protection document; or
b: is required to hold any marine protection document by this Act or any regulations or marine protection rules made under this Act; or
c: operates, maintains, or services, or does any other act in respect of any ship, marine protection product, offshore installation, pipeline, transfer or reception facility— to undergo, or carry out, such inspections or audits, or both, as the Director considers necessary in the interests of protecting the marine environment from harm or protecting the environment, human health, property, or resources from harm from ballast water
2: The Director may in respect of any person described in subsection (1) carry out such inspections or audits, or both, as the Director considers necessary in the interests of protecting the marine environment from harm or protecting the environment, human health, property, or resources from harm from ballast water
3: For the purposes of any inspection or audit carried out in respect of any person under subsection (2), the Director may, in writing,—
a: require that person to provide to the Director such information as the Director considers relevant to the inspection or audit:
aa: for a ship, as defined in section 246A(3)﻿(a)
i: allow the Director to take a sample of the ship's ballast water:
ii: demonstrate to the Director the familiarity of the master or crew with essential procedures for the prevention of harm to the environment, human health, property, or resources from ballast water:
b: require that person to demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the prevention of marine pollution:
c: require that person to demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or marine protection product is capable of being carried out in a competent manner.
4: This section does not apply to inspections and audits for the purposes of implementing Annex VI. 1990 No 98 s 15 1992 No 75 s 10 Section 396 heading replaced 16 November 2021 section 13(1) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 396(1) amended 8 September 2017 section 86(12) Biosecurity Law Reform Act 2012 Section 396(2) amended 8 September 2017 section 86(13) Biosecurity Law Reform Act 2012 Section 396(3)﻿(aa) inserted 8 September 2017 section 86(14) Biosecurity Law Reform Act 2012 Section 396(4) inserted 16 November 2021 section 13(2) Maritime Transport (MARPOL Annex VI) Amendment Act 2021
396A: Inspections and audits in relation to Annex VI
1: The Director may, in writing, require any person described in subsection (2) to undergo, or carry out, such inspections or audits, or both, as the Director considers necessary in the interests of—
a: protecting the environment, including the marine environment, from harm from discharges from ships that are subject to the provisions of Annex VI; or
b: verifying whether a ship has discharged any substance that is subject to the provisions of Annex VI in contravention of the regulations and rules made under this Act; or
c: facilitating and reviewing trials of ship emission reduction and control technologies; or
d: monitoring compliance with conditions of exemptions.
2: This section applies to a person who—
a: holds any marine protection document; or
b: is required to hold any marine protection document by this Act or any regulations or marine protection rules made under this Act; or
c: operates, maintains, or services, or does any other act in respect of, any ship, marine protection product, or reception facility.
3: The Director may, in respect of any person described in subsection (2), carry out such inspections or audits, or both, as the Director considers necessary in the interests of 1 or more of the matters specified in subsection (1)﻿(a) to (d).
4: For the purposes of any inspection or audit carried out in respect of any person under subsection (3), the Director may, in writing,—
a: require that person to provide to the Director such information as the Director considers relevant to the inspection or audit:
b: in respect of a ship, require the person to—
i: allow the Director to take a sample of the ship’s fuel oil for the purposes of testing the sample in accordance with any requirements specified in the marine protection rules:
ii: demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the prevention of marine pollution:
iii: demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a marine protection product is capable of being carried out in a competent manner. Section 396A inserted 16 November 2021 section 14 Maritime Transport (MARPOL Annex VI) Amendment Act 2021
397: Detention, etc, of ships and seizure of marine protection products
1: The Director may from time to time do all or any of the following:
a: detain any ship:
b: prohibit, or impose conditions on, the use or operation of any ship or any ship of a particular class or the use of a marine protection product:
c: seize any marine protection product or any marine protection product of a particular class:
d: impose conditions on the release from detention of the ship or the release from seizure of a marine protection product:
e: prohibit a ship from entering a port or calling at an offshore terminal.
2: The powers under subsection (1) may be exercised where the Director believes on clear grounds that—
a: there is an existing discharge from the ship of a harmful substance in breach of this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: there is likely to be a discharge from the ship of a harmful substance in breach of this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
c: ships of a particular class are likely to give rise to a discharge of a harmful substance in breach of this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
ca: in relation to ballast water, and ships as defined in section 246A(3)﻿(a)
i: there is an existing discharge from the ship of ballast water in breach of this Act; or
ii: there is likely to be a discharge from the ship of ballast water in breach of this Act; or
iii: ships of a particular class are likely to give rise to a discharge of ballast water in breach of this Act; or
d: there has not been issued in respect of the ship or the marine protection product, as the case may be, a marine protection document as required by this Act or any regulations or marine protection rules made under this Act; or
e: a marine protection document in respect of the ship or marine protection product, as the case may be, has expired; or
f: any provision or condition of a marine protection document in respect of the ship, or marine protection product, as the case may be, is not being met; or
g: the ship or the marine protection product presents an unreasonable threat of harm to the environment, including the marine environment
ga: there is likely to be a contravention of Annex VI requirements under this Act or regulations or rules made under this Act; or
h: any conditions imposed under paragraph (b) or paragraph (d) of subsection (1) have not been complied with.
3: The powers under subsection (1) may also be exercised where the Director believes on clear grounds that the master or crew are not familiar with essential shipboard procedures for the prevention of marine pollution or essential procedures on a ship, as defined in section 246A(3)﻿(a)
3A: The powers under subsection (1) may also be exercised if the Director believes on clear grounds that the master or crew are not familiar with essential shipboard procedures relating to the prevention of air pollution from ships for the purposes of implementing Annex VI.
4: Without limiting the generality of subsection (2), the Director may detain any ship to which section 232
5: Nothing in this section shall permit the Director to detain a foreign ship where that detention would constitute a breach of any marine protection convention.
6: Subject to subsections (7) and (8), any detention or seizure under subsection (1) shall be maintained for only such time as the grounds under subsection (2) which gave rise to the detention or seizure continue.
7: If ships, marine protection products, or parts thereof are required for the purpose of evidence in any prosecution under a provision in this Act, the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
8: Any detention under subsection (4) shall be maintained until the Director is satisfied that either—
a: the owner of the ship has complied with the obligation under section 232
b: such obligation to provide a contract of insurance or financial security is no longer appropriate as it has been determined that there is no liability to pay the amounts in respect of which the security was sought or all such amounts have been paid.
9: The Director shall, if requested by the owner of a ship detained or a marine protection product seized under subsection (1), provide in writing to the owner the reasons for the detention or seizure.
10: For the purpose of subsection (1), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.
11: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 424 1990 No 98 s 21 1992 No 75 s 14 Section 397(2)﻿(a) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 397(2)﻿(b) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 397(2)﻿(c) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 397(2)﻿(ca) inserted 8 September 2017 section 86(15) Biosecurity Law Reform Act 2012 Section 397(2)﻿(g) amended 16 November 2021 section 15(1) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 397(2)﻿(ga) inserted 16 November 2021 section 15(2) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 397(3) amended 8 September 2017 section 86(16) Biosecurity Law Reform Act 2012 Section 397(3A) inserted 16 November 2021 section 15(3) Maritime Transport (MARPOL Annex VI) Amendment Act 2021 Section 397(7) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 397(11) amended 1 March 2017 section 261 District Court Act 2016
398: Costs of detention under section 397
1: Where the Director acts under section 397 section 462
2: Where the Director acts under section 397
3: The Authority is liable to pay to the owner of a ship or a marine protection product compensation for any loss resulting from the Director unduly detaining the ship or maintaining the seizure of the marine protection product.
4: The Authority is liable to pay to the owner of a ship or marine protection product compensation for any loss resulting from the Director unduly delaying the ship or the use of the marine protection product.
5: Where the Director has taken action under section 397 Offences
399: Failure to comply with Director’s inspection or audit requirements
Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under section 396(1) or (3) 396A(1) or (4) 1990 No 98 s 44A 1992 No 75 s 23 Section 399 amended 16 November 2021 section 16 Maritime Transport (MARPOL Annex VI) Amendment Act 2021
400: Contravention of prohibition or conditions
Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition under section 397 1990 No 98 s 53
401: Contravention of emergency marine protection rule
Every person commits an offence who, without reasonable excuse, acts in contravention of any emergency marine protection rule made by the Director under section 391 1990 No 98 s 53 Penalties
402: Penalties in respect of section 399
Every person who commits an offence against section 399 on conviction
a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:
b: in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued. Section 402 amended 1 July 2013 section 413 Criminal Procedure Act 2011
403: Penalties in respect of sections 400 and 401
1: Every person who commits an offence against section 400 on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000:
c: in any case, to an additional penalty under section 409
2: Every person who commits an offence against section 401 is liable on conviction
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $30,000. Section 403(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 403(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
28: General offences and provisions in relation to offences and appeals under this Act
General offences
404: Obstruction of persons duly authorised by Director
1: Every person commits an offence who obstructs, impedes, delays, hinders, or deceives or causes to be obstructed, impeded, delayed, hindered, or deceived, the Authority, its employees, the Director, or any other person who is duly authorised by the Authority or the Director, while the Authority, employee, Director, or other person is acting in the performance or exercise of any functions, duties, or powers conferred on it or him or her by or under this Act or any rules made under this Act.
2: Subsection (1) shall apply only where the person obstructed or impeded produces evidence of his or her authority. 1990 No 98 s 50
405: Failure to maintain accurate records
Every person commits an offence who contravenes any provision of this Act or of any regulation or rule made under this Act that requires that person—
a: to make accurate entries in a record; or
b: to maintain an accurate record; or
c: to produce to the Authority or the Director an accurate record. 1990 No 98 s 52 1992 No 75 s 40
406: Communicating
fraudulent, misleading, or false Every person commits an offence who,—
a: by any means, provides to the Authority or to the Director information relevant to the Authority’s or the Director’s exercise of powers under this Act, or under regulations or rules made under this Act, knowing the information to be fraudulent, misleading, or false
b: being an applicant for a maritime document, or a marine protection document, or an applicant for recognition of a document as a maritime document or a marine protection document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the Authority’s or the Director’s exercise of powers under this Act, or under regulations or rules made under this Act; or
c: being the holder of a maritime document, or the holder of a document recognised as a maritime document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the condition specified in section 41(5) 1990 No 98 s 49 1992 No 75 s 26 Section 406 heading amended 23 October 2013 section 68(1) Maritime Transport Amendment Act 2013 Section 406(a) amended 23 October 2013 section 68(2) Maritime Transport Amendment Act 2013
407: Penalties
1: Every person who commits an offence against section 404 on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
2: Every person who commits an offence against section 405 on conviction
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
3: Every person who commits an offence against section 406 on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000
b: in the case of a body corporate, to a fine not exceeding $50,000 Section 407(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 407(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 407(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 407(3)﻿(a) amended 23 October 2013 section 69(1) Maritime Transport Amendment Act 2013 Section 407(3)﻿(b) amended 23 October 2013 section 69(2) Maritime Transport Amendment Act 2013 General provisions in respect of offences
408: Offences to be punishable on summary conviction
Section 408 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
409: Additional penalty for offence involving commercial gain
1: In addition to any other penalty the court may impose under this Act, the court may, on convicting any person of an offence against section 33F 33T 33V 64 65 67A 67B 68 69A 69B 70 237 238 263 264 277 278 400
2: For the purpose of subsection (1), the value of any gain shall be assessed by the court, and any amount ordered to be paid shall be recoverable in the same manner as a fine. 1990 No 98 s 47 Section 409(1) amended 23 October 2013 section 70 Maritime Transport Amendment Act 2013
410: Liability of principal for acts of agents
1: Where an offence is committed against this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence.
2: Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection, it shall be a good defence if the defendant proves,—
a: in the case of a natural person (including a partner in a firm), that—
i: he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or
ii: he or she took all reasonable steps to prevent the commission of the offence:
b: in the case of a body corporate, that—
i: neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or
ii: the body corporate took all reasonable steps to prevent the commission of the offence:
c: in all cases, that the defendant took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
3: Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved—
a: that the act that constituted the offence took place with his or her authority, permission, or consent; and
b: that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. 1991 No 69 s 340
411: Limitation of proceedings
1: Despite anything to the contrary in section 25 12 months
2: The period of 12 months
3: Subsection (1) is subject to subsection (2) and to any special provisions of this Act. Section 411 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 411(1) amended 23 October 2013 section 71 Maritime Transport Amendment Act 2013 Section 411(2) amended 23 October 2013 section 71 Maritime Transport Amendment Act 2013
412: Proof of exemption, etc
Any exception, exemption, proviso, excuse, or qualification in relation to any offence against this Act or any rules or regulations under this Act, whether it does or does not accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or negatived in any charge prosecutor 1952 No 49 s 482 Section 412 amended 1 July 2013 section 413 Criminal Procedure Act 2011
413: Place where offences deemed to be committed
For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed either in the place in which the same actually was committed or in any place in which the offender may be. 1952 No 49 s 483
414: Presumption as to master of ship
1: Where, in any proceedings for an offence against this Act or any regulations made under this Act, the prosecutor charge
2: The presumption in subsection (1) shall apply whether or not separate or further evidence is adduced by or on behalf of the prosecutor 1983 No 14 ss 106B 106C 1990 No 29 s 51 Section 414(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 414(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
415: Offences committed in foreign ports or on high seas by seafarers of New Zealand ships
1: Whenever any complaint is made to any proper officer in a foreign country—
a: that any person who is employed as a seafarer on any New Zealand ship has committed an offence against property or persons at any place outside New Zealand, whether on shore or afloat; or
b: that any seafarer belonging to a New Zealand ship has committed an offence on the high seas,— that proper officer may inquire into the case upon oath or affirmation, and may, if the case so requires, take any measures in his or her power for the purpose of placing the person alleged to have committed the offence under the necessary restraint and of sending that person as soon as practicable in safe custody to New Zealand or, if any court in a country other than New Zealand is capable of taking cognisance of that offence, to that country.
2: Any master of a New Zealand ship or pilot in command of a New Zealand aircraft in whose charge any person alleged to have committed an offence has been so placed shall, on the arrival of the ship or aircraft in New Zealand or, as the case may be, in the other country to which the ship or aircraft is bound, give the alleged offender into the custody of some member of the Police.
3: The expense of placing any person referred to in subsection (1) under restraint, and of conveying him or her and any witnesses to New Zealand or any other country in any manner other than on board the ships to which they respectively belong, shall, where not paid as part of the costs of the prosecution, be paid by the Authority out of money appropriated by Parliament. 1952 No 49 s 485
416: Compliance with rules
Compliance with any rule or regulation made under this Act shall not excuse the commission of an offence against this Act.
417: Evidence and proof
1: In any proceedings for an offence against this Act, the following provisions shall apply:
a: a copy of any maritime document or marine protection document or permit which is certified correct by the Director or any other employee of the Authority authorised in that behalf by the Director shall be sufficient, in the absence of proof to the contrary, to prove that document:
b: the production of a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director to the effect that on a specified date a person or organisation was or was not the holder of any maritime document or marine protection document or any permit or any specified type of maritime document or marine protection document shall be sufficient evidence of the matter certified until the contrary is proved:
c: until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or any other employee of the Authority authorised in that behalf by the Director to certify documents or give certificates under this section.
2: Without limiting any other method of proof, the production in any proceedings of a copy of—
a: any rule purporting to have been made by the Minister under this Act; or
b: any rule purporting to have been made by the Director under section 37 section 391 shall, in the absence of proof to the contrary, be sufficient evidence of the rule and the fact that it has been made in accordance with the relevant provisions of this Act. 1990 No 98 s 71 1992 No 75 s 30 1993 No 90 s 6
418: Mode of service of summons on master or owner
1: Where the master or owner of a ship is a defendant in any prosecution for an offence against any provision of this Act, then, notwithstanding any enactment, service on the defendant of any summons or other document shall be deemed to be effected for the purposes of the Criminal Procedure Act 2011
a: by being delivered personally to the agent of the ship on behalf of the defendant or being brought to the notice of that agent if that agent refuses to accept it on behalf of the defendant; or
b: by being sent to the agent of the ship, by registered letter addressed to that agent on behalf of the defendant at that agent’s last known or usual place of residence or that agent’s place of business.
2: A District Court Judge or Justice or Community Magistrate rules made under the Criminal Procedure Act 2011
3: Unless the contrary is shown, the time at which service shall be deemed to have been effected on the defendant shall be,—
a: where service is effected in accordance with subsection (1)﻿(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent’s attention, as the case may be; or
b: where service is effected in accordance with subsection (1)﻿(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post; and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.
4:
5: Nothing in this section limits anything in section 458 Section 418(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 418(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 418(2) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 418(4) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
419: Proceedings for offences
1: Proceedings for an offence against this Act or any regulations made under this Act may be brought by the Director.
2:
3: Where any fine imposed by the court in proceedings under this Act or regulations made under this Act is not paid on time, the court may direct the amount unpaid to be levied by distress and sale of any real or personal property involved in the committing of the offence. 1974 No 14 s 60(1), (2), (6) Section 419(2) repealed 19 December 1998 section 4 Maritime Transport Amendment Act (No 2) 1998
420: Offence under more than 1 enactment
1: Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act or under that other Act.
2: Where an act or omission constitutes an offence under 2 or more provisions of this Act, the offender may be prosecuted and punished under any of those provisions. 1961 No 43 s 10
421: Application of fines
Notwithstanding any other enactment, where a person is convicted of an offence against section 237 section 263 section 264
a: the removal, containment, rendering harmless, or dispersal of the harmful substance or waste or other matter; or
b: the damage resulting from the discharge of the harmful substance or dumping of waste or matter; or
c: both. 1974 No 14 s 63 1989 No 44 s 86 Infringement offences
422: Infringement offences
1: In this Act, infringement offence this Act or
2: Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 423 1990 No 98 s 57 Section 422(1) amended 19 December 1998 section 5 Maritime Transport Amendment Act (No 2) 1998 Section 422(2)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
423: Infringement notices
1: The Director, any person duly authorised by the Director, any harbourmaster, or any enforcement officer appointed under section 33G
a: observes the person committing an infringement offence; or
b: has reasonable cause to believe the person is committing or has committed an infringement offence.
1A: An infringement notice for an infringement offence against section 200B constable a harbourmaster,
2: An infringement notice may be served—
a: by delivering it personally to the person who appears to have committed the infringement offence; or
b: by sending it by post addressed to him or her at his or her last known place of residence or business; or
c: where the person is a holder of a maritime document or marine protection document, by serving it by post on that person at his or her last address for service provided under section 35 section 269
3: An
4: Every infringement notice shall be in the prescribed form and shall contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee for that offence:
c: the address at which the infringement fee may be paid:
d: the time within which the infringement fee shall be paid:
e: a summary of the provisions of section 21(10)
f: a statement of the right of the person served with the notice to request a hearing:
g: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:
h: such other particulars as are prescribed in regulations made under this Act.
5: Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences.
6: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 1990 No 98 s 58 Section 423(1) replaced 23 October 2013 section 72(1) Maritime Transport Amendment Act 2013 Section 423(1A) inserted 19 December 1998 section 6 Maritime Transport Amendment Act (No 2) 1998 Section 423(1A) amended 23 October 2013 section 72(2) Maritime Transport Amendment Act 2013 Section 423(1A) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 423(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Rights of appeal
424: Rights of appeal
1: Where any other section of this Act provides that any person has a right of appeal under this section against a decision in respect of that person, that person may appeal to the District Court
2: It is hereby declared that the exercise of any power conferred on the Director by any section that confers a right of appeal of the kind referred to in subsection (1) is, except where that section specifies that the right of appeal applies to a particular decision or decisions, a decision in respect of a person within the meaning of that section and may be appealed against under this section.
3: The owner of a ship, offshore installation, pipeline, maritime product, marine protection product, or other real or personal property shall, for the purposes of exercising a right of appeal under this section, be the person who is the owner of the ship, offshore installation, pipeline, maritime product, marine protection product, or other real or personal property for the purposes of that Part which contains the section giving rise to the right of appeal. 1990 No 98 s 66 1991 No 116 s 5(1) 1992 No 75 s 29 Section 424(1) amended 1 March 2017 section 261 District Court Act 2016
425: Procedure
1: Every appeal under section 424
2: In determining an appeal under section 424
a: hear all evidence tendered and representations made by or on behalf of any party to the appeal, whether or not that evidence would be otherwise admissible in that court; and
b: either—
i: confirm, reverse, or modify the decision appealed against, and make such orders and give such directions to the Authority, the Director, or the harbourmaster
ii: refer the matter back to the Authority, the Director, or the harbourmaster
2A: When deciding an appeal under section 52
3: Any appeal under this section shall be by way of rehearing.
4: Subject to this section, every such appeal shall be made and determined in accordance with the District Court Act 2016
5: Subject to section 427 1990 No 98 s 67 Section 425(2)﻿(b)﻿(i) amended 23 October 2013 section 73 Maritime Transport Amendment Act 2013 Section 425(2)﻿(b)﻿(ii) amended 23 October 2013 section 73 Maritime Transport Amendment Act 2013 Section 425(2A) inserted 14 November 2018 section 159 Tribunals Powers and Procedures Legislation Act 2018 Section 425(4) amended 1 March 2017 section 261 District Court Act 2016
426: Decision of
Director or harbourmaster
1: Every decision of the Director or the harbourmaster section 424
2: Notwithstanding that any appeal under section 424 1990 No 98 s 68 Section 426 heading amended 23 October 2013 section 74(1) Maritime Transport Amendment Act 2013 Section 426(1) amended 14 November 2018 section 160 Tribunals Powers and Procedures Legislation Act 2018 Section 426(1) amended 23 October 2013 section 74(2) Maritime Transport Amendment Act 2013 Section 426(2) amended 14 November 2018 section 160 Tribunals Powers and Procedures Legislation Act 2018
427: Appeal to High Court on question of law
1: Every party to an appeal under section 424
2: Every appeal under this section shall be heard and determined in accordance with the rules of court. 1990 No 98 s 69
428: Further appeal to Court of Appeal
1: Every party to an appeal under section 427
2: On any appeal under subsection (1), the Court of Appeal may make such order or determination as it thinks fit.
3: The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal to the court, shall be final.
4: Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules of court. 1990 No 98 s 70
29: Maritime
Part 29 heading amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Provisions relating to Authority
429: Maritime
1: There shall continue to be an authority known as
2: The Authority is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The Authority is owned by the Crown.
5:
6:
7:
8:
9:
10:
11: The provisions of Schedule 1 1993 No 89 s 3 Section 429 heading: amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Section 429(1) amended 23 October 2013 section 75 Maritime Transport Amendment Act 2013 Section 429(1) amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Section 429(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 429(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 429(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 429(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 429(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 429(7) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 429(8) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 429(9) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 429(10) repealed 25 January 2005 section 200 Crown Entities Act 2004
429A: Membership of Authority
1: The Authority must have at least 5, but no more than 7, members section 28(1)﻿(a)
2: Members of the Authority are the board for the purposes of the Crown Entities Act 2004
3: The Minister may only appoint as members persons who—
a: are New Zealand citizens or permanent residents of New Zealand; and
b: the Minister considers will represent the public interest in maritime matters.
4: Before appointing 2 of the members, the Minister must request, from such organisation or organisations as the Minister considers represent those who have a substantial interest in the maritime industry in New Zealand, the names of persons such organisation considers or organisations consider proper candidates for appointment to the Authority.
5: A person may not hold office as a member concurrently with any office or appointment under the Transport Accident Investigation Commission Act 1990
6: Neither the Director nor any other employee of the Authority may be a member of the Authority.
7: This section does not limit sections 29 30 Section 429A inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 429A(1) amended 1 April 2021 section 41 Regulatory Systems (Transport) Amendment Act 2021
430: Objective of Authority
The objective of the Authority is to undertake its safety, security, marine protection, and other functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system. Section 430 substituted 1 December 2004 section 8 Maritime Transport Amendment Act 2004
431: Functions of Authority
1: The Authority has the following functions:
a: to promote maritime safety and security, and protection of the marine environment in New Zealand:
b: to promote maritime safety and security, and protection of the marine environment beyond New Zealand in accordance with New Zealand’s international obligations:
c:
d:
e: to ensure the provision of appropriate distress and safety radio communication systems and navigational aids for shipping:
f: to ensure New Zealand’s preparedness for, and ability to respond to, marine oil pollution spills:
g: to license ships, their operation, and their crews:
h:
i: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the Authority’s functions and duties will not be compromised:
ia: to provide information and advice with respect to maritime transport and marine protection, and to foster appropriate information education programmes with respect to maritime transport and marine protection, that promote its objective:
j: to investigate and review maritime transport accidents and incidents and maritime security breaches and incidents
k: to maintain the New Zealand Register of Ships:
l: to maintain and preserve records and documents relating to the Authority’s functions:
m: to advise the Minister on technical maritime safety policy:
n: to perform such other functions as are conferred on it by this Act or any other Act.
2: The Authority shall carry out such other maritime functions, and such maritime duties, as the Minister may from time to time direct in accordance with section 112
3: The Authority must, if directed by the Minister under section 14C
a: maintain and operate the search and rescue co-ordination centre established under section 14B(1)﻿(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)﻿(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)﻿(a)
d: exercise any or all of the powers of the Minister under section 14B(1)﻿(b) and (c) 1993 No 89 s 5 Section 431(1) amended 1 December 2004 section 9(1) Maritime Transport Amendment Act 2004 Section 431(1)﻿(a) substituted 1 December 2004 section 9(2) Maritime Transport Amendment Act 2004 Section 431(1)﻿(b) substituted 1 December 2004 section 9(2) Maritime Transport Amendment Act 2004 Section 431(1)﻿(c) repealed 1 December 2004 section 9(2) Maritime Transport Amendment Act 2004 Section 431(1)﻿(d) repealed 1 December 2004 section 9(2) Maritime Transport Amendment Act 2004 Section 431(1)﻿(h) repealed 5 May 2003 section 35(3) Health and Safety in Employment Amendment Act 2002 Section 431(1)﻿(i) substituted 1 December 2004 section 9(3) Maritime Transport Amendment Act 2004 Section 431(1)﻿(ia) inserted 1 December 2004 section 9(3) Maritime Transport Amendment Act 2004 Section 431(1)﻿(j) amended 6 April 2004 section 81(8) Maritime Security Act 2004 Section 431(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 431(3) added 1 December 2004 section 9(4) Maritime Transport Amendment Act 2004
432: Authority to comply with policy directions
Section 432 repealed 25 January 2005 section 200 Crown Entities Act 2004
433: Authority to have powers of natural person
Section 433 repealed 25 January 2005 section 200 Crown Entities Act 2004
434: Powers of entry in respect of existing works
1: Subject to subsection (3), the Authority may—
a: enter upon any land for the purpose of gaining access to cables, wires, navigational aids, or other equipment owned by the Authority, being equipment installed before the date of commencement of this section; and
b: perform any act or operation necessary for the purpose of inspecting, maintaining, operating, repairing, or replacing such equipment.
2: A certificate given under the hand of the Director containing a statement that any equipment of the type referred to in subsection (1) was installed before the date of commencement of this section shall be admissible in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.
3: The power to enter land conferred by subsection (1) shall be subject to the following conditions:
a: entry to the land shall be made only by an officer, employee, or agent of the Authority authorised by it in writing, or by persons under the immediate control of such an officer, employee, or agent:
b: reasonable notice of the intention to enter the land shall be given, and the provisions of Part 10
c: entry shall be made at reasonable times:
d: the officer, employee, or agent shall have with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her identity and authority.
4: Subsection (3) shall not apply where the entry is necessary in circumstances of probable danger to life or property.
5: Any equipment owned by the Authority that is fixed to or installed over or under land not owned by the Authority shall be deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the Authority otherwise decides, and no person other than the Authority shall have any interest in any such equipment by reason only of having an interest in the land. 1993 No 89 s 8
435: Authority to consider delegating or contracting out of functions and powers
Subject to this Act, the Authority shall, in the course of performing its functions and powers, consider whether it could most efficiently and effectively perform those functions and powers by means of its own operations or by delegating or contracting out those operations to appropriate persons selected after an appropriate competitive process. 1993 No 89 s 9
436: Restriction applying to statement of intent
1:
2:
3: No provision specifying any liabilities the Authority intends to incur may be included in a statement of intent without the concurrence of the Minister of Finance. Section 436 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 436 heading replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 436(1) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 436(2) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
437: Service charter
1: The Authority shall prepare and make available to the public a service charter including (but not limited to)—
a: a statement by the Authority of the standards of service which the public can expect to apply to the carrying out of functions of the Authority and the Director under this Act and any regulations or rules made under this Act; and
b: details of the procedures to be followed under the service charter by a person who alleges that the standards were not met; and
c: details of the remedies that are available under the service charter to the person affected, where it is established by that person, to the satisfaction of the Authority, that the standards were not met; and
d: provision for the appointment by the Authority of an appropriate independent person to assist in the resolution of disputes arising in respect of alleged failures to meet the standards of service specified in the service charter.
2: The service charter may make provision for a person to be appointed as a deputy to the person appointed under the provision referred to in subsection (1)﻿(d), and for the functions, duties, and powers of the deputy.
3: The Authority, the Director, any employee or agent of the Authority, and any agent of the Director shall have a public duty to observe the provisions of the service charter.
4: If the Authority fails to comply with subsection (1), the Minister shall prepare the service charter and shall make it available to the public.
5: The Authority (in any case except where the Minister has prepared it) and the Minister (where the Minister has prepared it) may from time to time, in writing, amend the service charter, and shall make such amendments available to the public.
6: The Authority shall not amend the service charter under subsection (5) if the service charter is prepared by the Minister under subsection (4).
7: Nothing in the service charter shall limit or restrict any right to make any complaint or to bring any proceedings under any Act or rule of law. 1993 No 89 s 11
438: Use of words
Maritime Safety Authority and Maritime New Zealand
1: No company or other body shall be incorporated or registered under a name that contains the words Maritime Safety Authority or Maritime New Zealand section 2
2: Nothing in subsection (1) shall apply to the Authority or to any person who is appropriately authorised by the Authority. 1993 No 89 s 12 Section 438 heading: amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Section 438(1) amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004
439: Director of
Maritime New Zealand
1: The Authority shall from time to time appoint a chief executive of the Authority, who shall be known as the Director of Maritime New Zealand
2: The Director shall have and may exercise such functions and powers as may be conferred or imposed on the Director by this Act or any other Act, or regulations or rules made under this Act or any other Act, and such functions and powers as may be delegated to the Director by the Authority under section 73
3: Without limiting subsection (2), the Director shall—
a: exercise control over entry into the maritime transport system through the granting of maritime documents and marine protection documents under this Act or any other Act; and
b: take such action as may be appropriate in the public interest to enforce the provisions of this Act or any other Act, and of regulations and rules made under this Act or any other Act, including the carrying out or requiring of inspections and audits ; and
c: monitor adherence, within the maritime transport system, to any regulatory requirements relating to—
i: safety and security, including (but not limited to) personal security:
ii: access and mobility:
iii: public health:
iv: environmental sustainability:
v: any other matter; and
d: ensure regular reviews of the maritime transport system to promote the improvement and development of its safety and security; and
e: promote compliance with safety and maritime pollution standards in the maritime transport system.
4: In performing or exercising any functions or powers in relation to—
a: the granting of maritime or marine protection documents; or
b: the suspension of maritime or marine protection documents; or
c: the revocation of maritime or marine protection documents; or
d: the granting of exemptions; or
e: the enforcement of the provisions of this Act or any other Act, or of rules or regulations made under any such Act,— in respect of any particular case, the Director shall act independently and shall not be responsible to the Minister or the Authority for the performance or exercise of such functions or powers. 1993 No 89 s 13 Section 439 heading: amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Section 439(1) amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 Section 439(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 439(3)﻿(b) amended 1 December 2004 section 10 Maritime Transport Amendment Act 2004 Section 439(3)﻿(c) added 1 December 2004 section 10 Maritime Transport Amendment Act 2004 Section 439(3)﻿(d) added 1 December 2004 section 10 Maritime Transport Amendment Act 2004 Section 439(3)﻿(e) added 1 December 2004 section 10 Maritime Transport Amendment Act 2004
440: Acting Director of Maritime
New Zealand
1: In the case of absence from duty of the Director (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the Director or pertaining to the position may be exercised and performed by—
a: any other employee for the time being directed by the Authority to exercise and perform them; or
b: any other person for the time being appointed by the Authority to exercise and perform them,— whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues.
2: No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates. 1993 No 89 s 14 Section 440 heading: amended 1 July 2005 section 11(2) Maritime Transport Amendment Act 2004 General provisions
441: Delegation of Minister’s functions or powers to Authority
1: The Minister may from time to time, either generally or particularly, delegate to the Authority all or any of the Minister’s functions and powers under this Act or any other Act, or under any regulations or rules made under this Act or any other Act.
2: Every delegation under this section shall be in writing.
3: No delegation under this section shall include the power to delegate under this section.
4: The power of the Minister to delegate under this section—
a: is subject to section 451(8)
b: does not limit any power of delegation conferred on the Minister by any other Act.
5: Subject to any general or special directions given or conditions imposed by the Minister, the Authority may exercise any functions or powers so delegated to the Authority in the same manner and with the same effect as if they had been conferred on the Authority directly by this section and not by delegation.
6: Where the Authority purports to act pursuant to any delegation under this section, the Authority shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
7: No such delegation shall affect or prevent the performance of any function or the exercise of any power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation. 1993 No 89 s 15
442: Restriction on delegation of functions and powers by Authority
1: The Authority must not delegate any powers or functions delegated to the Authority by the Minister without the written consent of the Minister.
2: Sections 73 to 76 Section 442 substituted 25 January 2005 section 200 Crown Entities Act 2004
443: Delegation of Director’s functions or powers to employees of Authority
1: The Director may from time to time, either generally or particularly, delegate to any employee of the Authority any of the Director’s functions and powers under this Act or any other Act, or under any regulations or rules made under this Act or any other Act, including functions or powers delegated to the Director under this Act or any other Act.
2:
3: No delegation under this section shall include the power to delegate under this section.
4: Notwithstanding subsection (1), the Director shall not delegate—
a:
b: the power under section 44 section 273
c: the power under section 452B
5: The provisions of sections 73(4) 74 to 76
6: Any delegation under this section may be made to a specified employee of the Authority or to employees of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices of the Authority.
7: Every delegation under this section, until it is revoked, continues in force according to its tenor, despite the fact that the employee of the Authority by whom it was made may cease to hold office, and continues in effect as if made by the employee for the time being holding that office. 1993 No 89 s 17 Section 443(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 443(4)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 443(4)﻿(c) inserted 1 April 2021 section 42 Regulatory Systems (Transport) Amendment Act 2021 Section 443(5) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 443(6) added 25 January 2005 section 200 Crown Entities Act 2004 Section 443(7) added 25 January 2005 section 200 Crown Entities Act 2004
444: Delegation of
1:
2: Subject to this section, the Director may from time to time, either generally or particularly, delegate to any person who is not an employee of the Authority any of the Director’s functions and powers under this Act or any other Act, or under any regulations or rules made under this Act or any other Act, other than—
a: the power under section 44 section 273
b: the power under section 46 section 274
c: the power under section 52
d: the power under section 55 section 197 section 397
e: the power under section 423
f: the power under section 452B
3: Every delegation under this section shall be in writing.
4: No delegation shall be made under this section without the written consent of the Minister.
5: In any case where
6: The provisions of sections 73(4) 74 to 76
7: Any delegation under this section may be made to a specified person or persons of a specified class or to the holder or holders for the time being of a specified office or specified class of office.
8: Every delegation under this section shall be given for a specified period but in any event shall be revocable at will.
9:
10:
11: Every person purporting to act under any delegation under this section shall, when reasonably requested to do so, produce evidence of his or her authority to so act.
12: Any person who exercises any function or power under a delegation made under this section or under section 73 1993 No 89 s 18 Section 444 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 444(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 444(2)﻿(f) inserted 1 April 2021 section 43 Regulatory Systems (Transport) Amendment Act 2021 Section 444(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 444(6) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 444(9) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 444(10) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 444(12) amended 25 January 2005 section 200 Crown Entities Act 2004
444A: Power to require reception facilities
1: The Director may, by notice in writing, require any person who operates a port in New Zealand or in New Zealand continental waters to provide at that port a reception facility to receive from ships all or any of the following:
a: harmful substances:
b: sediment:
c: Annex VI substances.
2: A person required by the Director to provide a reception facility under subsection (1) must comply with the requirements of the marine protection rules.
3: In this section,— Annex VI substance section 222(1) harmful substance section 225 marine protection rules section 222(1) New Zealand continental waters section 222(1) reception facility section 222(1A) sediment section 246A(1) Section 444A inserted 16 November 2021 section 17 Maritime Transport (MARPOL Annex VI) Amendment Act 2021
30: Miscellaneous provisions applying to this Act generally
Regulations
445: Regulations for fees and charges
1: Without limiting the power to make regulations conferred by any other section of this Act, but subject to the provisions of this Act, the Governor-General may from time to time make regulations prescribing, or providing for the fixing of, fees or charges, or both, for the following purposes:
a: to provide funds for the establishment, maintenance, and operation of facilities, works, goods, and services under this Act:
b: to meet, or assist in meeting, the costs and expenses incurred by the Authority, the Director,
c: to meet, or assist in meeting, the costs and expenses incurred by the Authority, the Director, or the Crown in providing goods, services, facilities, or works for maritime purposes or for the purposes of protecting the marine environment.
2: Different rates of fees or charges, or both, may be so prescribed or fixed in respect of different classes of persons, ships, offshore installations, pipelines, maritime products, marine protection products, or any other property or item, or on the basis of different times of use, or on any other differential basis.
3: Any regulation made under subsection (1) may—
a: specify the persons by whom, and to whom, any fees or charges, or both, are payable:
b: prescribe, or provide for the fixing of, additional fees or charges, or both, for services or work carried out outside normal working hours, at weekends, or on statutory holidays:
c: prescribe, or provide for the fixing of, charges for reimbursement of travelling time, accommodation and other expenses:
d: provide enable
e: fix, or allow
f: provide for, or allow
g: prescribe
4: Regulations under this section are secondary legislation ( see Part 3 1990 No 98 s 38 1992 No 75 s 20 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 445(1)﻿(b) amended 14 November 2018 section 161 Tribunals Powers and Procedures Legislation Act 2018 Section 445(3)﻿(d) amended 23 October 2013 section 76(1)﻿(a) Maritime Transport Amendment Act 2013 Section 445(3)﻿(d) amended 23 October 2013 section 76(1)﻿(b) Maritime Transport Amendment Act 2013 Section 445(3)﻿(e) amended 23 October 2013 section 76(2) Maritime Transport Amendment Act 2013 Section 445(3)﻿(f) amended 23 October 2013 section 76(3) Maritime Transport Amendment Act 2013 Section 445(3)﻿(g) amended 23 October 2013 section 76(4) Maritime Transport Amendment Act 2013 Section 445(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
445A: Text of certain marine protection conventions
1: The Governor-General may by Order in Council—
a: set out the English texts of the following agreements as adopted by New Zealand:
i: International Convention on Civil Liability for Bunker Oil Pollution Damage done at London on 23 March 2001 ( Bunker Oil Convention
ii: International Convention on Civil Liability for Oil Pollution Damage done at Brussels on 29 November 1969 ( CLC Convention
iii: International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties done at Brussels on 29 November 1969 ( Intervention Convention
iv: Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil done at London on 2 November 1973 ( Intervention Protocol
b: keep the texts of those agreements up to date.
2: 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 445A inserted 23 October 2013 section 77 Maritime Transport Amendment Act 2013 Section 445A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Provisions in respect of rules under this Act
446: Procedure for making of rules by Minister
Before making any rule under this Act, the Minister shall—
a: publish a notice of his or her intention to make the rule in the Gazette
b: give interested persons a reasonable time, which shall be specified in the notice published under paragraph (a), to make submissions on the proposal; and
c: consult with such persons, representative groups within the maritime industry or elsewhere, government departments, Crown entities, and in the case of rules made under Part 4 Part 27 1990 No 98 s 34(1) Section 446(a) replaced 23 October 2013 section 78 Maritime Transport Amendment Act 2013 Section 446(c) amended 9 June 1999 section 35 Maritime Transport Amendment Act 1999
446A: Procedure for making of rules by Governor-General
Before recommending the making of any rule under this Act by the Governor-General, the Minister must have regard to the matters set out in section 39(2) Section 446A inserted 23 October 2013 section 79 Maritime Transport Amendment Act 2013
447: Procedure for making of emergency rules by Director
Before making any emergency rule under section 37 section 391 Part 27 1990 No 98 s 35(1)
448: Provisions in respect of rules generally
1: Every rule made under this Act shall—
a: be signed by the Minister, Governor-General, or Director (as appropriate); and
b: contain a statement specifying the objective of the rule and the extent of any consultation under this Act; and
c: set out fully the requirements of the rule, except where by reason of size or length certain information is incorporated in the rule by reference under section 452
2:
3:
4:
5: 1990 No 98 s 32 Section 448(1)﻿(a) replaced 23 October 2013 section 80(1) Maritime Transport Amendment Act 2013 Section 448(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 448(3) repealed 23 October 2013 section 80(2) Maritime Transport Amendment Act 2013 Section 448(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 448(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
449: Notification of emergency rules in certain circumstances
Section 449 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
450: Other provisions in respect of emergency rules
1: A rule made under section 37 section 391
2: If any rule made under section 37 section 391 1990 No 98 s 35(5), (6)
451: Further general provisions in respect of rules
1: Any rules made under this Act may be made so that different rules shall apply with respect to different classes of persons, organisations, ships, offshore installations, pipelines, maritime products, maritime-related maritime-related
2: Any rule made under this Act may apply—
a: generally throughout New Zealand, New Zealand waters, or New Zealand continental waters (as defined in section 222(1)
b: within any specified part or parts of New Zealand, New Zealand waters, or New Zealand continental waters:
c: in respect of New Zealand ships, wherever they may be.
2A: Except as otherwise expressly provided, where a rule applies to ships, it applies to New Zealand ships wherever they may be.
3: The commencement of any rule may be wholly suspended until it is applied by the Minister by notice ( see
4: A rule made under this Act may—
a: require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; and
b: empower the Authority
5: No breach of any rule made under this Act shall constitute an offence against this Act unless that offence is prescribed in regulations made under this Act or is expressly specified by this Act to be an offence against this Act
5A:
6:
7: So far as the bylaws of any local authority are inconsistent with or repugnant to any rule in force in the same locality, the bylaws shall be construed subject to the rule.
8: Notwithstanding clause 5
9: A notice under subsection (3) is secondary legislation ( see Part 3 1990 No 98 s 28(2)–(9) 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 451(1) amended 23 October 2013 section 81(1) Maritime Transport Amendment Act 2013 Section 451(2) replaced 23 October 2013 section 81(2) Maritime Transport Amendment Act 2013 Section 451(2A) inserted 23 October 2013 section 81(2) Maritime Transport Amendment Act 2013 Section 451(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 451(4) replaced 23 October 2013 section 81(3) Maritime Transport Amendment Act 2013 Section 451(4)﻿(b) amended 1 April 2021 section 44 Regulatory Systems (Transport) Amendment Act 2021 Section 451(5) amended 9 June 1999 section 36(2) Maritime Transport Amendment Act 1999 Section 451(5A) repealed 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 451(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 451(8) amended 7 August 2020 section 135 Public Service Act 2020 Section 451(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
452: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director:
a: standards, requirements, or recommended practices of an international or national organisation:
b: standards, requirements, or rules in force in any other jurisdiction:
c: standards, requirements, or rules—
i: of any classification society or similar organisation; or
ii: of any maritime sporting or maritime recreational organisation; or
iii: of the NZ Standards Organisation NZ Standards Organisation
iv: of a specialist body or organisation:
d: any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the rule.
3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister or the Director (as the case may be); and
b: retained by the Authority.
4: Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule.
5: All material incorporated by reference under subsection (1) or (2) must be made available at the head office
6: The Authority must give notice in the Gazette
a: that the material is incorporated in the rule and the date on which the rule was made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: the place where, or the person from whom, the material can be purchased; and
f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
7: Part 3
8: Nothing in section 114
9: Subsections (1) to (8) do not affect the application of sections 29 to 32 1990 No 98 s 36 Section 452 replaced 23 October 2013 section 82 Maritime Transport Amendment Act 2013 Section 452(1)﻿(c)﻿(iii) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 452(5) amended 16 December 2017 section 38 Maritime Transport Amendment Act 2017 Section 452(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 452(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 452(9) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Transport instruments Heading inserted 1 April 2021 section 45 Regulatory Systems (Transport) Amendment Act 2021
452A: Regulations or rules may provide for transport instruments
1: A regulation or rule made under a maritime Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument.
2: A regulation or rule providing under subsection (1) for a matter to be dealt with in a transport instrument may be made only if,—
a: in the case of a regulation or rule to be made by the Governor-General, the Minister recommends it after being satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
b: in the case of a rule to be made by the Minister, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
c: in the case of a rule to be made by the Director, the Director is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.
3: A regulation or rule that provides for a transport instrument must specify which of the persons listed in section 452B(3)
4: A regulation or rule that provides for a transport instrument may—
a: provide for a particular transport instrument as amended or replaced from time to time:
b: provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
c: provide for any requirements in relation to the instrument or its creation.
5: A transport instrument provided for in a regulation or rule is part of that regulation or rule.
6: To avoid doubt,—
a: a transport instrument has effect only to the extent that a regulation or rule made under a maritime Act refers to it; and
b: a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.
7: If a regulation or rule provides for a transport instrument,—
a: a transport instrument made under the regulation or rule is secondary legislation ( see Part 3
b: the regulation or rule must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 452A inserted 1 April 2021 section 45 Regulatory Systems (Transport) Amendment Act 2021
452B: Specified person may make transport instruments
1: For the purposes of a maritime Act, a specified person may make a transport instrument.
2: A specified person must not delegate the power to make, amend, or revoke a transport instrument.
3: In this section and section 452C specified person
a: the Authority:
b: the Director:
c: the Secretary:
d: the Crown entity appointed as the Designated Authority under section 7 Section 452B inserted 1 April 2021 section 45 Regulatory Systems (Transport) Amendment Act 2021
452C: Procedures relating to transport instruments
1: The specified person must not make, amend, or revoke a transport instrument unless satisfied that all persons and organisations that the specified person thinks appropriate have been consulted, having regard to the subject matter of the proposed instrument, amendment, or revocation.
2: The specified person may approve an amendment to a transport instrument without complying with subsection (1) if satisfied that the amendment is to correct an error, for example, a grammatical or spelling error, or an error in numbering or cross-referencing. Section 452C inserted 1 April 2021 section 45 Regulatory Systems (Transport) Amendment Act 2021
452D: Incorporation of material in transport instruments
1: Section 452
a: transport instruments were rules; and
b: references in that section to the person making the rule were references to the person making the transport instrument.
2: To avoid doubt, any material incorporated by reference in a transport instrument is to be treated for all purposes as part of the regulation or rule that provides for the instrument. Section 452D inserted 1 April 2021 section 45 Regulatory Systems (Transport) Amendment Act 2021 Powers of entry
453: General power of entry
1: Subject to subsections (3) and (4), every person duly authorised by the Director may, at any reasonable time or times, go on board any ship or enter any building or place for the purpose of carrying out his or her functions, duties, or powers under this Act or any regulations or rules made under this Act.
2: Subject to subsections (3) and (4), but without limiting the power conferred by subsection (1), every person duly authorised by the Director who has reasonable grounds to believe that—
a: any breach of this Act or of any regulations or rules made under this Act is being or about to be committed; or
b: a condition imposed under any maritime document or marine protection document is not being complied with; or
c: a situation exists within the maritime system or is about to exist that constitutes a danger to persons or property or a threat to the marine environment— may at any reasonable time go on board any ship, or enter any building or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists.
3: No such duly authorised person shall enter a dwellinghouse, a marae, or a building associated with a marae under subsection (1), except with—
a: the consent of an occupier; or
b: a warrant issued under section 454
4: Where a warrant under section 454
a: shall not enter the dwellinghouse, marae, or building associated with a marae, specified in the warrant otherwise than in accordance with the conditions; and
b: shall in all other respects comply with the conditions.
5: Subject to subsection (4), a duly authorised person exercising the powers of inspection conferred by subsection (1) 1957 No 87 s 198(3) 1990 No 98 s 24 Section 453(5) amended 1 October 2012 section 279(1) Search and Surveillance Act 2012
454: Warrant to inspect dwellinghouse, marae, etc
1: An issuing officer (within the meaning of section 3 subpart 3 section 453(3)
2: The provisions of Part 4 subpart 2
3: Despite subsection (2), sections 118 119
4: In this section and section 455 authorised person Section 454 replaced 1 October 2012 section 280 Search and Surveillance Act 2012
455: Entry in respect of offences
1: Subject to subsection (2), an issuing officer (within the meaning of section 3 subpart 3
a: in respect of which an offence against this Act has been or may have been committed; or
b: that is or may be evidence of the commission of an offence against this Act; or
c: that is intended to be used for the commission of an offence against this Act.
2: The provisions of Part 4
3: Despite subsection (2), sections 118 119 Section 455 replaced 1 October 2012 section 280 Search and Surveillance Act 2012
456: Duties on exercising power of entry
Section 456 repealed 1 October 2012 section 279(2) Search and Surveillance Act 2012
457: Additional powers
1: A person lawfully exercising the powers conferred by section 453
2: Section 457(1) amended 1 October 2012 section 279(3) Search and Surveillance Act 2012 Section 457(2) repealed 1 October 2012 section 279(4) Search and Surveillance Act 2012 Service of documents
458: Service of documents
Where for the purposes of this Act any document is to be served on, or any notice, notification, or instructions is or are to be given to, any person, that document may be served and any notice, notification, or instructions may be given,—
a: in any case, by delivering a copy personally to the person concerned or by leaving a copy at his or her last known place of abode; or
b: if the person concerned is a master of a ship, where there is a master, or a person belonging to a ship, by leaving a copy for him or her on board the ship with the person appearing to be in command or charge of the ship and explaining to that person the nature of the document, notice, notification, or instructions; or
c: if the person concerned is a master of a ship, where there is no master and the ship is within the limits or territorial sea of New Zealand, on the owner of the ship resident in New Zealand, on the agent of the ship in New Zealand, or, where no such agent is known or can be found, by fixing a copy to the mast of the ship or (if there is no mast) to some other conspicuous part of the ship; or
d: in any other manner provided for service of that document, notice, notification, or instruction by this Act or by rules or regulations made under this Act. 1952 No 49 s 498 Detention of ship and distress on ship
459: Recovery of fines, etc, by distress
1: Where any court—
a: adjudges any person convicted of an offence against this Act to pay any fine or other money; or
b: adjudges any person to pay wages owing to any seafarer or master; or
c: makes any order for payment of costs or expenses of or incidental to any such proceeding,— and the person adjudged or ordered to pay the same is the owner or master of a ship, and the same are not paid within the time and in the manner limited by the conviction or specified in the order of the court, or, if in the case of a proceeding or the recovery of wages no time for payment is specified, within 7 days after judgment is given or the order made, the court may exercise the powers specified in subsection (2).
2: In any such case the court may,—
a: in addition to any other power it may have to compel payment, direct the amount remaining unpaid to be levied by distress or by the sale of the ship and the ship’s equipment; and
b: if, at any time thereafter while that fine or those wages or other money remain unpaid, that ship is found within the internal waters or the territorial sea of New Zealand, issue an order for the detention of the ship.
3: An order for the detention of a ship under this section shall be directed to the Director, the chief executive of the New Zealand Customs Service 1952 No 49 s 489 Section 459(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
460: Enforcing detention of ships
1: Where under this Act a ship is to be or may be detained, the Director, the chief executive of the New Zealand Customs Service on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
2: If a ship proceeds to sea while there is on board any person who is detaining the ship under this Act, the owner and the master of the ship each commits an offence against this Act and shall, in addition to the liability he or she incurs under subsection (1), be liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
3: Where under this Act a ship is to be detained, a Customs officer Customs officer 1952 No 49 s 490 Section 460(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 460(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 460(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 460(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
461: Consular officer to be notified of detention of foreign ship
1: Where pursuant to any provision of this Act any foreign ship is detained at a port in New Zealand, or any proceeding is taken against the owner of a foreign ship or any other person for the time being responsible for the navigation and management of the ship or against the master of the ship, the following provisions shall apply:
a: in any case where the person ordering or giving notice of that detention, or, as the case may be, instituting that proceeding, is not the Director, that person shall forthwith inform the Director thereof and of the reason therefor:
b: in every case the Director shall forthwith cause notice thereof to be served on a consular officer of the country in which the ship is registered or to which the ship belongs; and the notice shall specify the grounds on which the ship has been detained or, as the case may be, the grounds on which the proceeding has been taken.
2: Nothing in this section shall affect the provisions of section 55 section 397 1952 No 49 s 491
462: Cost of detention and inspection to be paid by owner
1: Where any ship is detained at a port in New Zealand under or pursuant to this Act, the owner of the ship, or other person for the time being responsible for the navigation and management of the ship, shall be liable to pay to—
a: the Authority where the ship is detained by the Director; or
b: the Crown in any other case— the costs of and incidental to the detention and to any inspection and audit under this Act; and those costs shall, without prejudice to any other remedy, be recoverable as a debt due to the Authority or the Crown, as the case may be, in any court of competent jurisdiction.
2: Nothing in this section shall affect the provisions of section 56 section 398 1952 No 49 s 492
463: Detention in lieu of security for civil claims
1: For the purposes of this section, where the owner of a ship is a corporation, it shall be deemed to reside in New Zealand if it has an office in New Zealand at which service can be effected.
2: A District Court Judge may order a Customs officer or another officer named by the Judge to detain a ship if—
a: a person has been convicted of an offence described in subsection (2B) in relation to the ship; and
b: property has been, or is likely to be, damaged by the discharge; and
c: none of the owners of the ship reside in New Zealand.
2A: The ship may be detained until security has been provided for costs, damages, or other money that may be payable as a result of civil proceedings.
2B: The offences relate to—
a: the discharge of a harmful substance from a ship in breach of this Act:
b: contravening or permitting a contravention of section 15B
c: a breach of section 20C
3: Despite subsection (2), a certificate section 363
4: On any order being made under subsection (2), the officer to whom the order is directed shall detain the ship.
5: Procedure on an application for an order under subsection (2) shall be as the District Court Judge considers appropriate.
6: Any person affected by an order made under subsection (2) may appeal against that order to the High Court. 1974 No 14 s 62 Section 463(2) replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 463(2A) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 463(2B) inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 Section 463(3) amended 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
464: Agents' contracts of indemnity
1: This section applies to a person (the agent
2: The agent may enter into a contract of indemnity under which the owner, charterer, manager, or operator agrees to indemnify the agent for any sum for which the agent may become liable as a result of proceedings (whether civil or criminal) against the agent, in that capacity, in any court under any provision of any 1 or more of this Act, the Resource Management Act 1991, and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
3: A New Zealand court may enforce the contract of indemnity only if the proceedings do not result from the wilful act or neglect or default of the agent. Section 464 replaced 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
465: Designation of parties to conventions
1: The Minister shall keep a list of and may give a certificate stating—
a: the Contracting Parties to any convention declared by Order in Council under section 2(2)
b: the Contracting Parties to any marine protection convention declared by Order in Council under section 222(4)
2: Any list or certificate under subsection (1) shall specify the date on which any such Government or State became or ceased to be a Contracting Government, a State Party, a Contracting Party, or a Contracting State, as the case may be.
3: In the absence of proof to the contrary, a certificate issued under subsection (1) shall be conclusive evidence of the matters stated in the certificate. 1974 No 14 s 67(1), (2), (4)
466: Other enactments not affected
Subject to section 467 Parts 19 to 28
467: Provisions of Resource Management Act 1991 not to apply
The provisions of sections 9 12 13 14 15 15A 15B 15C
a: anything done by or on behalf of the Director under section 248 section 249
b: anything done by or on behalf of an on-scene commander—
i: under section 305 section 311
ii: in accordance with a direction given under section 310
c: anything done by or on behalf of the master or owner of any ship, or the owner or operator of any oil storage or transfer site or offshore installation or any other person in accordance with a direction given under section 305 section 311
d: anything done—
i: by or on behalf of the Director; or
ii: by any person in accordance with any instructions issued by the Director— under section 305 section 311
467A: Provisions of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 not to apply
Section 20 subpart 2
a: anything done by or on behalf of the Director under section 248 249
b: anything done by or on behalf of an on-scene commander—
i: under section 305 311
ii: in accordance with a direction given under section 310
c: anything done by or on behalf of the master or owner of any ship, or the owner or operator of any oil storage or transfer site or offshore installation or any other person in accordance with a direction given under section 305 311
d: anything done by or on behalf of the Director, or by any person in accordance with any instruction issued by the Director, under section 305 311 Section 467A inserted 31 October 2015 section 47(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013
31: Consequential amendments, transitional provisions, and repeals
468: Savings relating to Shipping and Seamen Act 1952
1: Any proceeding, action, or investigation commenced under—
a: the Shipping and Seamen Act 1952
b: any regulations, rules, or order revoked by section 202 that is pending or in progress immediately before the commencement of this section, may be continued, completed, or enforced, as the case may require, as if that Act had not been repealed, or those regulations or rules or that order had not been revoked, by the said section 202.
2: Any proceeding, action, or investigation commenced under any regulations, rules, or order deemed by section 204 section 205
3: Any proceeding, action, or investigation commenced under any regulations, rules, or orders deemed by section 204
4: Any proceeding, action, or investigation commenced under Part 10 Part 11 Part 12 section 187
5: Every licence, certificate, permit, authorisation, approval, or other document issued, recognised, or accepted by or under the Shipping and Seamen Act 1952
a: if issued, recognised, or accepted by the Minister, the Authority, the Director, or any employee of the Authority, or by any person or organisation acting pursuant to and in accordance with authority delegated under any enactment; and
b: if in force immediately before the repeal of that Act by section 202(1) be deemed to be issued, recognised, or accepted, as the case may be, as a maritime document under Part 5
6: Every certificate declared by Order in Council made under section 18 of the Shipping and Seamen Act 1952 section 202(1) Part 5
7: Every licence, certificate, permit, authorisation, approval, or other document—
a: issued, recognised, or accepted under any regulations, rules, or order deemed by section 204
b: either—
i: in force immediately before the commencement of that section; or
ii: issued, recognised, or accepted on or after the commencement of that section— shall be deemed to be issued, recognised, or accepted, as the case may be, as a maritime document under Part 5 section 205
8: Every licence, certificate, permit, authorisation, approval, or other document issued, recognised, or accepted by or under Part 10 Part 11 Part 12 section 187 Part 5
9: In the case of any person who was, immediately before the commencement of this Act, a suspended person as defined in section 40A of the Shipping and Seamen Act 1952
a: if the person is required by or under this Act to hold any maritime documents, the maritime documents (if any) held by that person shall be deemed to be suspended under section 43
b: in any other case, the person is deemed to be suspended under section 52
i: the person may apply to the Director for a direction lifting the suspension on the ground that the suspension under section 40A of the Shipping and Seamen Act 1952
ii: the Director may direct that the suspension be lifted, in which case section 52 no longer applies to that person:
iii: if the Director does not lift the suspension under subparagraph (ii), section 52 continues to apply to that person and nothing in this paragraph affects the right of appeal conferred by that section.
9A: A person who is deemed to be suspended under subsection (9) may apply to the Director for a direction lifting the suspension on the ground that—
a: the suspension under section 40A of the Shipping and Seamen Act 1952 is no longer relevant; or
b: it would be unduly harsh that the person remain suspended under section 43 52
9B: If an application is made under subsection (9A), the Director may—
a: direct that the suspension be lifted, in which case section 43 52
b: decline to lift the suspension, in which case section 43 52
10: Notwithstanding the repeal of the Shipping and Seamen Act 1952 section 202(1) Part 2 of that Act Section 468(9)﻿(b) substituted 9 June 1999 section 37 Maritime Transport Amendment Act 1999 Section 468(9A) inserted 23 October 2013 section 83 Maritime Transport Amendment Act 2013 Section 468(9B) inserted 23 October 2013 section 83 Maritime Transport Amendment Act 2013
469: Permits and other documents issued under Marine Pollution Act 1974
1: Except as provided in subsection (2), every permit issued in accordance with section 22B of the Marine Pollution Act 1974 section 22A of that Act section 481
2: Every permit issued in accordance with section 22B of the Marine Pollution Act 1974 and any regulations made under section 22A of that Act that, being a permit—
a: issued to authorise, in relation to the coastal marine area (as defined in section 2(1)
i: the dumping or incineration of waste or other matter; or
ii: the dumping of any ship, aircraft, or offshore installation; and
b: in force immediately before the repeal of that Act by section 481 shall be deemed to be a coastal permit granted under the Resource Management Act 1991
3: Notwithstanding section 12(6) section 15(3)
4: Every document issued under the Marine Pollution Act 1974 section 481 Marine Pollution Act 1974
470: Proceedings under Marine Pollution Act 1974
1: Nothing in this Part shall prevent proceedings being commenced under the Marine Pollution Act 1974
2: In any proceeding to which subsection (1) applies, the provisions of the Marine Pollution Act 1974
3: For the purposes of subsection (1) and section 60(7) of the Marine Pollution Act 1974 section 12(7) of the Marine Pollution Act 1974
471: No liability for continuing offences after repeal
1: No person shall be held liable for any continuing offence under the Shipping and Seamen Act 1952
2: No person shall be held liable for any continuing offence under the Marine Pollution Act 1974
472: Compensation for loss in acting in respect of marine casualties
Every claim for compensation under Part 3 of the Marine Pollution Act 1974
a: a claim made before the repeal of that Act by section 481
b: a claim that may be made immediately before that repeal,— may be continued, made, or enforced, as the case may require, after that repeal as if that Act had not been repealed.
473: Instructions in relation to marine casualties unaffected
1: Subject to subsection (2), any instructions issued under Part 3 of the Marine Pollution Act 1974 section 481
2: Instructions to which subsection (1) applies may be overridden or modified by the Director under Part 20
474: Levies under Marine Pollution Act 1974
1: Subject to subsection (2), the provisions of—
a: Part 3A of the Marine Pollution Act 1974
b: every regulation and Order in Council made under that Act relating to levies that is in force immediately before the repeal of that Act— shall continue in force after that repeal and apply in respect of any period before that repeal as if that Act and those provisions had not been repealed or revoked.
2: Levies to which subsection (1) applies shall be paid and receipts in respect of those levies shall be issued as if section 337
475: Ships detained under Shipping and Seamen Act 1952 or Marine Pollution Act 1974
1: Every ship that was, immediately before the repeal of the Shipping and Seamen Act 1952 section 202
2: Every ship that is, immediately before the repeal of the Marine Pollution Act 1974 section 481
476: Applications for permits under Marine Pollution Act 1974
1: Where, before the date of the commencement of this Act, an application has been made for a permit under section 22B of the Marine Pollution Act 1974
2: Where an application to which subsection (1) applies relates to the coastal marine area (as defined in the Resource Management Act 1991
a: the appropriate regional council or regional councils or territorial authority or territorial authorities shall be notified of that application:
b: a regional council or territorial authority notified of the application may report to the Minister, in writing, on any aspect of the application:
c: the Minister may request and receive information from any regional council or territorial authority to assist in determining the application.
3: In determining an application that relates to the coastal marine area, the Minister may—
a: have regard to the provisions of the Resource Management Act 1991
b: in addition to any other conditions, impose conditions of the kind described in section 108
4: Where any permit is issued under this section, in relation to the coastal marine area, that permit shall be deemed for all purposes (including appeals) to be a coastal permit issued by the appropriate regional council under the Resource Management Act 1991
5: Notwithstanding section 12(6) section 15(3) Amendments to Harbours Act 1950
477: Effect of bylaws on port company operations
Amendment(s) incorporated in the Act(s).
478: No marine pollution dues
Amendment(s) incorporated in the Act(s). Amendment to Local Government Act 1974 Heading: repealed 1 July 2003 section 266 Local Government Act 2002
479: Functions of regional councils
Section 479 repealed 1 July 2003 section 266 Local Government Act 2002 Amendment to Environment Act 1986
480: Acts under which consents may be granted
Amendment(s) incorporated in the Act(s) Repeals, savings, and transitional provisions
481: Repeals and saving
1: The enactments specified in Schedule 7
2: Notwithstanding the repeal of the Marine Pollution Act 1974
482: Oil Pollution Levies Order 1978
Notwithstanding anything in the Marine Pollution Act 1974 section 481 Oil Pollution Levies Order 1978 sections 333 335
483: Transitional provisions relating to Maritime Safety Authority of New Zealand
1: Every person who held office as a member of the Maritime Safety Authority of New Zealand immediately before the commencement of this section shall be deemed to have been appointed as a member of the Authority under section 429
2: The term of office of every person deemed by subsection (1) to have been appointed to the Authority shall expire on the date on which, but for the passing of this Act, his or her appointment would have expired under the provisions of the Maritime Transport Act 1993
3: The person holding office as the Director of Maritime Safety immediately before the commencement of this section shall be deemed to have been appointed as the Director of Maritime Safety under section 439
484: Transitional provisions relating to Oil Pollution Advisory Committee
Notwithstanding anything in section 282
a: every person who held office as a member of the Oil Pollution Advisory Committee established by section 29G of the Marine Pollution Act 1974
b: the Director shall continue to be the chairperson of the committee until the Minister appoints a new chairperson under the said section 282.
485: Savings relating to Ministry, etc
1: Where, before the repeal of the Shipping and Seamen Act 1952 section 202
2: Where, before the repeal of the Marine Pollution Act 1974 by section 481
3: Where, before the repeal of the Shipping and Seamen Act 1952 section 202
4: Where, before the repeal of the Marine Pollution Act 1974 by section 481
5: Where, before the repeal of the Shipping and Seamen Act 1952 by section 202
6: References to the Maritime Safety Authority of New Zealand or the Director of Maritime Safety in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatever in force at the commencement of this Act shall, unless the context otherwise requires, be read as references to the Authority continued by section 429 section 439