1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

4 Application of this Act

4A Application of Parts 3 and 5

5 Objectives of Minister

5A Functions of Minister

6 Employers to ensure safety of seafarers [Repealed]

7 Identification of hazards to seafarers [Repealed]

8 Significant hazards to seafarers to be eliminated where practicable [Repealed]

9 Significant hazards to seafarers to be isolated where elimination impracticable [Repealed]

10 Significant hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable [Repealed]

11 Employees to be given results of monitoring [Repealed]

12 Information for seafarers generally [Repealed]

13 Training and supervision [Repealed]

14 Seafarers to be involved in development of health and safety procedures [Repealed]

15 Duties of employers in respect of persons who are not seafarers [Repealed]

16 Duties of seafarers [Repealed]

17 General requirements for participants in maritime system

18 General requirements for persons other than participants

19 Duties of master

20 Duty to report dismissals

21 Pleasure craft departing for overseas

22 Employer's duties in relation to seafarers of New Zealand ships on overseas voyages

23 Employer's duties in relation to seafarers on New Zealand ships

24 Inspection of provisions

25 Body and effects of deceased seafarer

26 Provisions relating to crewing of New Zealand ships and young persons

27 Prohibition on receiving remuneration for placing seafarers in employment

28 Members of crew not to contract out of rights

29 Master to have same rights as members of crew

30 Recording and notification of accidents, incidents, and mishaps

31 Obligation to notify all accidents, incidents, etc

32 Duty to assist persons in danger and to respond to distress calls

33 Reporting of dangers to navigation

34 Maritime rules relating to maritime documents

35 Application for maritime document

36 Maritime rules relating to other matters

37 Power of Director to make emergency maritime rules

38 Contravention of emergency maritime rule

39 Matters to be taken into account in making maritime rules

40 Further provisions relating to rules

41 Issue of maritime documents and recognition of documents

42 Acceptance of convention documents

43 Suspension of maritime documents or imposition of conditions

44 Revocation of maritime documents

45 Amendment or revocation in other cases

46 Suspension or revocation of maritime document where prescribed fees or charges unpaid

47 Exemption

48 Powers of Director in relation to examinations, etc

49 Criteria for action under section 43 or section 44

50 Criteria for fit and proper person

51 Notice to persons affected by proposed adverse decisions

52 Suspension from employment

53 Suspended persons not to be employed

54 Inspections and audits

55 Detention, etc, of ships and maritime products

56 Costs of detention, etc

57 Investigation of accidents, incidents, and mishaps by Director

58 Powers of investigation of Director

59 Additional powers of investigation

60 Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission

60A Master to ensure rules relating to pilotage are complied with

60B Limitation of liability where pilot engaged

61 Offences likely to cause serious harm [Repealed]

62 Other offences [Repealed]

63 Actions taken to prevent harm [Repealed]

64 Unnecessary danger caused by holder of maritime document

65 Dangerous activity involving ships or maritime products

65A Proceeding without pilot contrary to maritime rules or direction given under section 60A

66 Effect of breach of maritime rule

67 Communicating false information affecting safety

68 Acting without necessary maritime document

69 Applying for maritime document while disqualified

70 Failure to comply with inspection or audit request

71 Failure to comply with Part 3

72 Failure to comply with sections 7 to 10 [Repealed]

73 Court may disqualify holder of maritime document or impose conditions on holding of document

74 Effect of disqualification

75 Commencement of period of disqualification

76 Retention and custody of documents

77 Removal of disqualification

78 Particulars of disqualification orders, etc, to be sent to Director

79 Appeals

80 Amendment of indictment or information [Repealed]

81 Strict liability and defences [Repealed]

82 Continuation of Maritime Appeal Authority

83 Application of this Part

84 Interpretation

85 Persons entitled to limitation of liability under this Part

86 Claims subject to limitation of liability

87 Calculation of limits of liability

88 Units of account

89 Court may consolidate claims

90 Part owners to account in respect of damages

91 Release of ship where security given

92 Application of this Part

93 Interpretation

94 Division of loss

95 Damages for personal injury

96 Right of contribution

97 Limitation of actions

98 Interpretation

99 Director may appoint Receivers [Repealed]

100 Powers and duties of Director where ship or aircraft in distress—

100A Responsibility of owner of ship or aircraft in distress

101 Right of passage over adjoining lands

102 Receiver to suppress plunder and disorder [Repealed]

103 In Receiver's absence, who to act [Repealed]

104 Receiver to make inquiry [Repealed]

105 Rules to be observed by person finding wreck

106 Articles washed ashore to be delivered to Receiver [Repealed]

107 Claims to wreck [Repealed]

108 Wreck may be sold immediately in certain cases [Repealed]

109 Provisions where wreck claimed by 2 or more persons and as to unclaimed wreck [Repealed]

110 Removal of hazards to navigation

111 Offences in respect of wreck [Repealed]

112 Receiver may seize concealed wreck [Repealed]

113 Salvage for saving life [Repealed]

114 Salvage of cargo or wreck [Repealed]

115 Settlement of disputes as to salvage [Repealed]

116 Settlement of disputes by District Court [Repealed]

117 Apportionment of salvage among owners, etc, of ships and aircraft other than New Zealand ships or aircraft [Repealed]

118 Valuation of wreck [Repealed]

119 Enforcing payment of salvage [Repealed]

120 Receiver may sell wreck in case of non-payment [Repealed]

121 Payment of salvage in case of dispute as to apportionment [Repealed]

122 High Court may apportion [Repealed]

123 Salvage claims against the Crown [Repealed]

124 Salvage claims by the Crown [Repealed]

125 Fees to be paid to Receiver [Repealed]

126 Foreign wreck subject to duties as an importation

127 Penalties

128 Interpretation [Repealed]

129 Application of this Part [Repealed]

130 Surveyors [Repealed]

131 Notice to be given before work commenced [Repealed]

132 Notice to be given before use changed [Repealed]

133 Certain ships to be surveyed [Repealed]

134 Director may exempt any particular ship or class of ship from survey [Repealed]

135 Initial, intermediate, and periodical surveys [Repealed]

136 Additional surveys [Repealed]

137 Duties of surveyor on completion of survey where ship satisfactory [Repealed]

138 Duties of surveyor on completion of survey where ship unsatisfactory [Repealed]

139 Duties of Director on receipt of notice [Repealed]

140 Declarations of survey [Repealed]

141 Interim certificates [Repealed]

142 Safety Convention certificates [Repealed]

143 Certificates of survey [Repealed]

144 Requirement to hold appropriate certificate [Repealed]

145 Dispensation from having appropriate certificate [Repealed]

146 Conditions in respect of certificates [Repealed]

147 More than one certificate in respect of same ship [Repealed]

148 Duration of Safety Convention certificates [Repealed]

149 Duration of certificate of survey [Repealed]

150 Display of certificates [Repealed]

151 Offence in respect of display of certificates [Repealed]

152 Application of sections 153 to 155 [Repealed]

153 Certificates of completion required for certain barges [Repealed]

154 Certificates of completion [Repealed]

155 Offence to proceed on voyage in certain circumstances [Repealed]

156 Government ships [Repealed]

157 Interpretation [Repealed]

158 Application of this Part [Repealed]

159 Load line ships and certificates [Repealed]

160 Issue of load line certificates [Repealed]

161 Duty to comply with Load Line Regulations [Repealed]

162 Overloading [Repealed]

163 Offences in relation to markings [Repealed]

164 Display of load line certificate and other requirements [Repealed]

165 Director may exempt certain ships from Load Line Regulations [Repealed]

166 Use of timber load lines [Repealed]

167 Submersion lines on ships not subject to Load Line Regulations [Repealed]

168 Interpretation [Repealed]

169 Application of Collision Regulations [Repealed]

170 Observance of Collision Regulations [Repealed]

171 Radio messages [Repealed]

172 Additional duties in respect of reporting of dangers to navigation [Repealed]

173 Dangerous goods [Repealed]

174 Deck cargo [Repealed]

175 Livestock [Repealed]

176 Grain [Repealed]

177 Minister may define restricted limits [Repealed]

178 Medical officers to be carried on certain ships [Repealed]

179 Medical certificates required in respect of seafarers under 18 years of age [Repealed]

180 Crew accommodation [Repealed]

181 Official logbook to be kept [Repealed]

182 Matters to be entered in logbook [Repealed]

183 Chief engineer to keep engine room logbook [Repealed]

184 Offence in respect of official logbook, etc [Repealed]

185 Penalties

186 Documents issued under Parts 10 to 12

187 Expiry of Parts 10 to 12

188 Duty of assistance

189 Maritime Registry

190 Information services

191 Marine safety charges

192 Exemptions from marine safety charges

193 Power to appoint agents to collect marine safety charges

194 Power of agent of ship, etc, to retain marine safety charges out of other money

195 Recovery in certain cases where marine safety charges not paid

196 Issue of receipt for marine safety charge

197 Detention of ship where marine safety charges not paid or receipt not produced

198 Coastal shipping

199 Search and rescue operations [Repealed]

200 Navigational aids

200A Minister may notify maritime event where special enforcement powers exercisable

200B Special enforcement powers may be exercised when this section applies

200C Opening and testing of packages containing dangerous goods

201 Regulations

202 Repeals and revocations

203 Amendments to other enactments

204 Regulations, etc, deemed made under this Act

205 Expiry of section 204

206 Dispensing powers of Director

207 Abolition of Marine Council and Marine Advisory Committee, etc

208 Interpretation

209 Hague Rules to have force of law

210 Jurisdiction of New Zealand Courts

211 Contracting parties to the Rules

212 Repeals

213 Savings

214 Commencement

215 Interpretation

216 Application of Convention

217 Salvage claims against the Crown

218 Salvage claims by the Crown

219 Apportionment between salvors

219A Salvage for saving life

220 Actions for indemnity

221 Commencement of provisions relating to marine pollution

222 Interpretation

223 Application of Parts 19 to 27 to ships of New Zealand Defence Force

224 Application of certain provisions of Parts 19 to 28 of this Act

225 Interpretation

226 Harmful substances not to be discharged into sea or seabed of exclusive economic zone or continental shelf

227 Duty to report discharge or escape of harmful substances

228 Notice of pollution incidents

229 Notice of prospective arrival of ship carrying oil or noxious liquid substance

230 Notice of transfer of oil or noxious liquid substances to or from ships

231 Obligations of Director and regional councils to share information concerning notices

232 Director may require provision of financial security

233 Rectification of hazardous conditions

234 Precautionary measures in the event of transfer of oil or noxious liquid substance

235 Powers of investigation of Director

235A Additional powers of Director

236 Power to require reception facilities

237 Discharge or escape of harmful substances into sea or seabed

238 Failure to report discharge of harmful substance into sea or seabed

239 Failure to notify pollution incidents

240 Failure to notify arrival of ship carrying oil or noxious liquid substance

241 Failure to notify transfer of oil or noxious liquid substance from or to ships

242 Failure to comply with requirement of Director

243 Defences to offence against section 237

244 Penalties in respect of sections 237, 238, 239, and 242

245 Penalties in respect of sections 240 and 241

246 Amount of fine or other monetary penalty recoverable from agent

247 Interpretation

248 Powers of Director in relation to hazardous ships

249 Powers of Director in relation to hazardous structures and operations

250 Exercise of power by Director

251 Right to compensation

252 Compliance with instructions

253 Offences

254 Instructions under this Part that conflict with other instructions

255 Minister's power of direction

256 Protection of Director and other persons

257 Interpretation

258 Dumping of radioactive waste or other radioactive matter

259 Storing of radioactive waste or other radioactive matter

260 Storing of toxic or hazardous waste

261 Dumping and incineration of waste or other matter

262 Power of Director to issue permits for dumping of waste or other matter

263 Offences in respect of radioactive waste, other radioactive matter, toxic waste, and hazardous waste

264 Offences in respect of dumping and incineration of waste and other matter

265 Special defences

266 Penalties

267 Sentence of imprisonment

268 Marine protection documents to be held and complied with if required by marine protection rules

269 Application for marine protection document

270 Issue of marine protection documents and recognition of documents

271 Acceptance of documents

272 Suspension of marine protection documents or imposition of conditions

273 Revocation of marine protection documents

274 Suspension or revocation of marine protection document where prescribed fees or charges unpaid

275 Amendment or revocation in other cases

276 Criteria for action under section 272 or section 273

277 Acting without necessary marine protection document

278 Acting in breach of marine protection document

279 Penalties for individuals

280 Penalties for bodies corporate

281 Interpretation

282 Oil Pollution Advisory Committee

283 Preparation and review of response strategy

284 Purpose and contents of response strategy

285 Consultation in respect of response strategy

286 Purpose of marine oil spill contingency plans

287 Preparation, review, and keeping of shipboard and site marine oil spill contingency plans

288 Purpose of regional marine oil spill contingency plan

289 Initial regional marine oil spill contingency plans

290 Regular review of regional marine oil spill contingency plans

291 Preparation and consultation in respect of, and matters to be included in, regional marine oil spill contingency plans

292 Approval of draft regional marine oil spill contingency plan

293 Amendment of regional marine oil spill contingency plans

294 Regional marine oil spill contingency plan overridden in certain cases

295 Power of Director to prepare regional marine oil spill contingency plan

296 Purpose of national marine oil spill contingency plan

297 Preparation and review of national marine oil spill contingency plan

298 Consultation in respect of and matters to be included in national plan

299 Duty to notify if unable to contain and clean up marine oil spills

300 Function of regional on-scene commanders after notification

301 Function of National On-Scene Commander after notification

302 National On-Scene Commander to take precedence

303 Objective of on-scene commanders

304 Termination of marine oil spill response

305 Powers of on-scene commander

306 Matters to be complied with in requisitioning

307 Compensation payable where property requisitioned

308 Compensation for loss or damage to personal property

309 Absence from duty not to affect employment rights

310 Minister's power of direction

311 Additional powers of on-scene commander

312 Limits on powers of on-scene commander

313 Compliance with marine oil spill contingency plans

314 Offences in respect of marine oil spill contingency plans

315 Offences in respect of notification of inability to contain and clean up marine oil spills

316 Failure to comply with prohibition, restriction, or direction

317 Penalties

318 Appointment of regional on-scene commanders

319 Appointment of National On-Scene Commander

320 Appointments under section 318 or section 319

321 Purchases by Authority to prepare for and implement responses to marine oil spills

322 Distribution and responsibility for maintenance of purchases under section 321

323 Authority may inspect

324 Director responsible for training

325 Director may review responses

326 Proof of identity

327 Protection from liability

328 Contracts

329 Interpretation

330 New Zealand Oil Pollution Fund

331 Application of money in New Zealand Oil Pollution Fund

332 Expenditure budgets required before certain money paid from Fund

333 Oil pollution levies

334 Consultation on oil pollution levies

335 Rates and basis of oil pollution levies

336 Incurring of levies

337 Payment of levies

338 Ships not entitled to certificate of clearance until levies paid

339 Evidence of nature and change of use

340 Offences against this Part

341 Recovery of levies

342 Interpretation

343 Ownership of CLC Ship

344 Liability to the Crown and marine agencies for costs of cleaning up pollution

345 Liability of shipowners for pollution damage

346 Liability for unattributable pollution damage from ships

347 Maximum amount of liability of shipowners for pollution damage

348 Defences to shipowner's liability for pollution damage

349 Reduction of shipowner's liability for pollution damage where contributory negligence

350 Proceedings against third parties in respect of pollution from ships

351 Distribution of amounts paid in satisfaction of liability

352 Liability of shipowners for damages for pollution damage only under this Act

353 Restrictions on enforcement of claims against shipowners

354 Ships owned by CLC State

355 Liability to the Crown and marine agencies for costs of cleaning up pollution

356 Liability for pollution damage from marine operations and structures

357 Liability for unattributable pollution damage from marine structures and operations

358 Defences in respect of liability for pollution damage from marine structures and operations

359 Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence

360 Proceedings against third parties in respect of pollution from marine structures or operations

361 Time for bringing proceedings

362 Part 7 not to affect liability under this Part

363 Certain ships to have certificates of insurance

364 Regulated offshore installations to have certificates of insurance

365 Production of certificate of insurance

366 Rights of third parties against insurers of regulated oil tankers, regulated ships, and regulated offshore installations

367 Offences

368 Application of admiralty jurisdiction

369 Reciprocal enforcement of judgments

370 Interpretation

371 International Oil Pollution Fund to have legal personality

372 Compensation from International Oil Pollution Fund for certain pollution damage

373 Maximum amount of liability of International Oil Pollution Fund

374 International Oil Pollution Fund's liability for compensation avoided or limited in certain cases

375 Several claims for compensation from International Oil Pollution Fund

376 International Oil Pollution Fund to indemnify certain shipowners [Repealed]

377 International Oil Pollution Fund's liability to indemnify limited or avoided in certain cases [Repealed]

378 Time for bringing proceedings against International Oil Pollution Fund

379 Jurisdiction of Court in respect of claims against International Oil Pollution Fund

380 Notice of proceedings against International Oil Pollution Fund

381 Notice to and joining of International Oil Pollution Fund in certain proceedings

382 Reciprocal enforcement of judgments against International Oil Pollution Fund

383 Rights of subrogation of International Oil Pollution Fund

384 International Oil Pollution Fund as insurer [Repealed]

385 Levies on oil imports

386 Marine protection rules to implement international standards

387 Marine protection rules relating to marine protection documents

388 Marine protection rules in relation to harmful and other substances

389 Marine protection rules in relation to waste or other matter

390 Marine protection rules in relation to marine oil spills and other matters

391 Power of Director to make emergency marine protection rules

392 Matters to be taken into account in making marine protection rules

393 Further provisions relating to marine protection rules

394 Regulations

395 Exemptions

396 Inspections and audits

397 Detention, etc, of ships and seizure of marine protection products

398 Costs of detention under section 397

399 Failure to comply with Director's inspection or audit requirements

400 Contravention of prohibition or conditions

401 Contravention of emergency marine protection rule

402 Penalties in respect of section 399

403 Penalties in respect of sections 400 and 401

404 Obstruction of persons duly authorised by Director

405 Failure to maintain accurate records

406 Communicating false or insufficient information

407 Penalties

408 Offences to be punishable on summary conviction

409 Additional penalty for offence involving commercial gain

410 Liability of principal for acts of agents

411 Limitation of proceedings

412 Proof of exemption, etc

413 Place where offences deemed to be committed

414 Presumption as to master of ship

415 Offences committed in foreign ports or on high seas by seafarers of New Zealand ships

416 Compliance with rules

417 Evidence and proof

418 Mode of service of summons on master or owner

419 Proceedings for offences

420 Offence under more than one enactment

421 Application of fines

422 Infringement offences

423 Infringement notices

424 Rights of appeal

425 Procedure

426 Decision of Director to continue in force pending appeal

427 Appeal to High Court on question of law

428 Further appeal to Court of Appeal

429 Maritime New Zealand continued

429A Membership of Authority

430 Objective of Authority

431 Functions of Authority

432 Authority to comply with policy directions [Repealed]

433 Authority to have powers of natural person [Repealed]

434 Powers of entry in respect of existing works

435 Authority to consider delegating or contracting out of functions and powers

436 Extra information to be included in statement of intent

437 Service charter

438 Use of words Maritime Safety Authorityand Maritime New Zealand

439 Director of Maritime New Zealand

440 Acting Director of Maritime New Zealand

441 Delegation of Minister's functions or powers to Authority

442 Restriction on delegation of functions and powers by Authority

443 Delegation of Director's functions or powers to employees of Authority

444 Delegation of Director's functions or powers to persons outside Authority

445 Regulations for fees and charges

446 Procedure for making of rules by Minister

447 Procedure for making of emergency rules by Director

448 Provisions in respect of rules generally

449 Notification of emergency rules in certain circumstances

450 Other provisions in respect of emergency rules

451 Further general provisions in respect of rules

452 Incorporation in rules of material by reference

453 General power of entry

454 Warrant to inspect dwellinghouse, marae, etc

455 Entry in respect of offences

456 Duties on exercising power of entry

457 Additional powers

458 Service of documents

459 Recovery of fines, etc, by distress

460 Enforcing detention of ships

461 Consular officer to be notified of detention of foreign ship

462 Cost of detention and inspection to be paid by owner

463 Detention in lieu of security for civil claims

464 Agents' contracts of indemnity

465 Designation of parties to conventions

466 Other enactments not affected

467 Provisions of Resource Management Act 1991 not to apply

468 Savings relating to Shipping and Seamen Act 1952

469 Permits and other documents issued under Marine Pollution Act 1974

470 Proceedings under Marine Pollution Act 1974

471 No liability for continuing offences after repeal

472 Compensation for loss in acting in respect of marine casualties

473 Instructions in relation to marine casualties unaffected

474 Levies under Marine Pollution Act 1974

475 Ships detained under Shipping and Seamen Act 1952 or Marine Pollution Act 1974

476 Applications for permits under Marine Pollution Act 1974

477 Effect of bylaws on port company operations

478 No marine pollution dues

479 Functions of regional councils [Repealed]

480 Acts under which consents may be granted

481 Repeals and saving

482 Oil Pollution Levies Order 1978

483 Transitional provisions relating to Maritime Safety Authority of New Zealand

484 Transitional provisions relating to Oil Pollution Advisory Committee

485 Savings relating to Ministry, etc