Shipping Act 1987

1: Short Title and commencement
1: This Act may be cited as the Shipping Act 1987.
2: This Act shall come into force on the 28th day after the date on which it receives the Governor-General's assent.
2: Interpretation
In this Act, unless the context otherwise requires,— agreement
a: an agreement made outside New Zealand; and
b: an agreement made before the commencement of this Act; and
c: an agreement that is not enforceable by legal proceedings, whether or not it was intended by any party to the agreement to be so enforceable carrier foreign government Minister outwards shipping registered New Zealand ship Ship Registration Act 1992 shipper Section 2 direction repealed 14 August 2019 section 33(2) Commerce (Cartels and Other Matters) Amendment Act 2017 Section 2 registered New Zealand ship amended 29 October 1992 section 88(2) Ship Registration Act 1992 Section 2 unfair practice repealed 14 August 2019 section 33(2) Commerce (Cartels and Other Matters) Amendment Act 2017
2A: Act is maritime Act
1: This Act is a maritime Act under section 2(1)
2: This has the effect that transport instruments may be made for the purposes of this Act under section 452B
3: This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being a maritime Act under that Act. Section 2A inserted 1 April 2021 section 61(2) Regulatory Systems (Transport) Amendment Act 2021
1: Shipping policy and practices
Part 1 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
3: Shipping policy objectives
Section 3 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
4: Unfair practices justifying use of Minister's powers to initiate investigations and issue directions
Section 4 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
5: Minister may investigate suspected unfair practices
Section 5 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
6: Report on investigation
Section 6 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
7: Minister may issue directions to carriers engaging in unfair practices
Section 7 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
8: Restrictions on directions
Section 8 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
9: Period for which direction in force
Section 9 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
10: Minister's powers not to be delegated
Section 10 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
11: Offences
Section 11 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
2: Inter-Governmental shipping relations
12: Regulations may be made for defence of New Zealand shipping or trading interests
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: regulating the carriage of goods in ships and the rates to be charged for such carriage:
b: regulating the entry of ships into New Zealand and the departure of ships from New Zealand, and the cargo carried in such ships:
c: regulating the terms and conditions of agreements relating to shipping services, including charter parties:
d: fixing and levying charges on ships that enter New Zealand ports:
e: prescribing penalties not exceeding $10,000 for offences against regulations made under paragraphs (a) to (d):
f: providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.
2: The Minister shall not recommend that regulations be made under any of paragraphs (a) to (e) of subsection (1) unless the Minister is satisfied that a foreign government or any agency of a foreign government has adopted or proposes to adopt any measure that damages or threatens to damage New Zealand shipping or trading interests by adversely affecting the access of New Zealand national flag carriers to seaborne cargo or of New Zealand shippers to the services of carriers of their choice.
3: Where the Minister recommends the making of regulations under this section in response to any measure adopted or proposed to be adopted by a foreign government or any agency of a foreign government, any regulations made on that recommendation shall relate only to outwards shipping by ships controlled by—
a: that foreign government or agency; or
b: a national of the country of that government; or
c: a body corporate having its principal place of business in that country.
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 12(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
13: Designation of national flag carriers
1: For the purposes of shipping agreements concluded or to be concluded between the Government of New Zealand and any foreign government, the national flag carriers shall be—
a: all carriers who own a registered New Zealand ship; and
b: all carriers who are entitled to own a registered New Zealand ship; and
c: all carriers designated as national flag carriers pursuant to subsection (2).
2: The Minister may, following consultation with the principal New Zealand shippers likely to be affected by any such designation, by notice in the Gazette
3: Miscellaneous provisions
Part 3 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
14: Application of other Acts
Section 14 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017
15: Repeal and consequential amendments
Section 15 repealed 14 August 2019 section 33(3) Commerce (Cartels and Other Matters) Amendment Act 2017