New Zealand Legislation: Acts

3B Application of Act to ships

• (1) This Act applies—

  • (a) to a person—

    • (i) employed or engaged under an employment agreement or contract for services governed by New Zealand law to work on board a New Zealand ship or on board a foreign ship carrying coastal cargo while the foreign ship is on demise charter to a New Zealand-based operator; or

    • (ii) performing work on a foreign ship while it is carrying out petroleum operations in New Zealand continental waters (as defined in section 222(1) of the Maritime Transport Act 1994); and

  • (b) to the person who employs or engages the person described in paragraph (a); and

  • (c) to the ship as a place of work.

  (2) Where this Act applies in respect of a New Zealand ship, it applies whether the ship is operating inside or outside New Zealand.

  (3) Section 16 does not apply to a ship while it is at sea.

  (4) To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or omission that constitutes an offence occurred in respect of a ship outside New Zealand.

  Sections 3A to 3F were inserted, as from 5 May 2003, by section 6 Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.