Ship Registration Act 1992

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Reprint as at 3 December 2007

Ship Registration Act 1992

Public Act1992 No 89
Date of assent1 October 1992
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Transport.

Contents

Title

1 Short Title and commencement

2 Interpretation

3 New Zealand-owned ships

4 Ships on demise charter to New Zealand-based operators

5 Application of Act to Crown, etc

Part 1
Ships required or entitled to be registered

6 Requirement to register certain New Zealand-owned ships and pleasure vessels

7 Representative persons

8 Entitlement to register certain New Zealand-owned ships and other ships

9 Foreign-registered ships not registrable under this Act

10 Liabilities of ships not registered

11 Certain unregistered ships not to leave New Zealand

Part 2
Registration of ships

12 Applications for registration

13 Declaration of ownership and nationality

14 Evidence required before registration

15 Tonnage measurement of ship required before registration

16 Power to disallow proposed name and to allow change of name

17 Appeals from decisions under section 16

18 Application for reservation of name

19 Ship to be marked before registration

20 Entry of particulars in Part A of Register

21 Entry of particulars in Part B of Register

22 Registration of property in ships

Certificates of registry and registration, provisional certificates of registry, and temporary passes

23 Grant of certificates of registry and registration

24 Particulars of master to be endorsed on certificate of registry of ship leaving New Zealand

25 Custody of certificates

26 Replacement certificates

27 Grant of provisional certificate of registry or registration

28 Duration of provisional certificates of registry or registration

29 Temporary passes

Alterations to ships, changes in ownership, etc, to be notified to registrar

30 Alterations to ships

31 Change of name or address or nationality of owner or mortgagee

Closure of registration

32 Closure of registration

33 Rights of mortgagees where ship ceases to be registrable

Part 3
Transfers, transmissions, and mortgages of ships

Transfers and transmissions

34 Application of Part

35 Transfer of ships and shares in ships

36 Transmission of ship or share in ship by operation of law

37 Declarations of transfer and transmission

38 Certificate of registry to be endorsed where change in ownership

Mortgages

39 Mortgage of ship or share in ship

40 Priority of mortgages

41 Alteration of terms of mortgage by endorsement

42 Variation of priority of mortgages

43 Transfer of mortgage

44 Transmission of mortgage by operation of law

45 Discharge, waiver, or extinction of mortgage

General matters relating to ownership, mortgages, and other interests

46 Powers of disposal by owner

47 Mortgage not to change ownership

48 Mortgagee to have power of disposal

49 Trusts not recognised

50 Equities not excluded

51 Caveat forbidding registration of certain instruments

52 Notice of caveat

53 Procedure for removal of caveat

54 When caveat to lapse

55 No dealing to be registered while caveat in force

56 Compensation for lodging caveat without reasonable cause

Part 4
Nationality and national colours

57 Certain ships to have New Zealand nationality

58 National colours and other flags

58A Flags authorised under prerogative

59 Declaration of ship's nationality before customs clearance

60 Improperly assuming or concealing New Zealand nationality

Part 5
Administration

61 Registrar of Ships

62 Deputy Registrars of Ships

63 Seal of Registrar

64 Protection of Registrar and Deputies

New Zealand register of ships

65 New Zealand Register of Ships

66 Power to appoint suitable organisation to maintain any Part of Register

Corrections and rectification of register

67 Correction of clerical errors

68 Power to give directions in respect of obsolete or incorrect entries

69 High Court may direct rectification of Register

Part 6
Miscellaneous provisions

70 Priority of securities or charges in respect of foreign ships

71 Detention of ships

72 Proceedings on forfeiture

73 Protection of officers in respect of seizure or detention

74 False statements

75 Making false documents, etc

76 Liability of directors and officers of bodies corporate

77 Offences to be punishable on summary conviction

78 Proceedings for offences

79 Service of documents

80 Admissibility of documents in evidence

81 Evidence relating to transmissions

82 Power of Registrar to dispense with declarations and other evidence, etc

83 Mode of making declarations

84 Power to prescribe or approve forms

85 Power to appoint or recognise persons as proper officers

85A Delegation of Minister's functions and powers to Director

86 Delegation of Director's powers

87 Regulations

88 Repeals and amendments

89 Revocations

Transitional provisions

90 Ships registered in New Zealand under previous law deemed registered under this Act

91 Verification of particulars in registers kept under previous law

92 Applications under previous law

93 Transfer of foreign registered ships

94 References in other laws

95 Savings

Schedule
Repeals and amendments

Reprint notes

An Act to provide for the registration of ships in New Zealand and related matters

BE IT ENACTED by the Parliament of New Zealand as follows: