New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 October 2008
| Public Act | 1994 No 104 |
| Date of assent | 17 November 1994 |
| Commencement | see section 1 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Transport.
1 Short Title and commencement
4A Application of Parts 3 and 5
Part 2
Duties relating to health and safety on ships
[Repealed]
Duties of employers relating to health and safety of seafarers
[Repealed]
6 Employers to ensure safety of seafarers [Repealed]
Duties of employers in relation to hazards
[Repealed]
7 Identification of hazards to seafarers [Repealed]
8 Significant hazards to seafarers to be eliminated where practicable [Repealed]
9 Significant hazards to seafarers to be isolated where elimination impracticable [Repealed]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hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable [Repealed]
Duties of employers in relation to information
[Repealed]
11 Employees to be given results of monitoring [Repealed]
12 Information for seafarers generally [Repealed]
Duties of employers in relation to training and supervision
[Repealed]
13 Training and supervision [Repealed]
14 Seafarers to be involved in development of health and safety procedures [Repealed]
[Repealed]
15 Duties of employers in respect of persons who are not seafarers [Repealed]
16 Duties of seafarers [Repealed]
Part 3
Duties in relation to maritime activity
17 General requirements for participants in maritime system
18 General requirements for persons other than participants
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
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
Liens on ships by crew and masters
28 Members of crew not to contract out of rights
29 Master to have same rights as members of crew
Duties in relation to accidents, incidents, etc
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
Part 4
Further regulation of maritime activity
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
Requirements in relation to maritime rules
39 Matters to be taken into account in making maritime rules
40 Further provisions relating to rules
Part 5
Powers and duties of Director of Maritime New Zealand in relation to maritime activity
Powers in relation to maritime documents
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
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
Suspension of seafarers from employment
53 Suspended persons not to be employed
Inspection, detention, and rectification
55 Detention, etc, of ships and maritime products
Investigation of accidents, incidents, and mishaps
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
Powers and provisions relating to pilots
60A Master to ensure rules relating to pilotage are complied with
60B Limitation of liability where pilot engaged
Part 6
Offences in relation to maritime activity
Offences against health and safety on ships
[Repealed]
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
Offences in relation to maritime document
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
[Repealed]
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
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
Further provisions relating to offences
[Repealed]
80 Amendment of indictment or information [Repealed]
81 Strict liability and defences [Repealed]
82 Continuation of Maritime Appeal Authority
Part 7
Liability of ship owners and others
85 Persons entitled to limitation of liability under this Part
86 Claims subject to limitation of liability
87 Calculation of limits of liability
89 Court may consolidate claims
90 Part owners to account in respect of damages
91 Release of ship where security given
Part 8
Liability where 2 or more ships involved
95 Damages for personal injury
Part 9
Wreck of ships and aircraft
99 Director may appoint Receivers [Repealed]
Ships and aircraft in distress
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]
Removal of wrecked ships and aircraft
110 Removal of hazards to navigation
[Repealed]
111 Offences in respect of wreck [Repealed]
112 Receiver may seize concealed wreck [Repealed]
[Repealed]
113 Salvage for saving life [Repealed]
114 Salvage of cargo or wreck [Repealed]
[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]
[Repealed]
125 Fees to be paid to Receiver [Repealed]
126 Foreign wreck subject to duties as an importation
Part 10
Construction, survey, and equipment
[Repealed]
128 Interpretation [Repealed]
129 Application of this Part [Repealed]
131 Notice to be given before work commenced [Repealed]
132 Notice to be given before use changed [Repealed]
[Repealed]
133 Certain ships to be surveyed [Repealed]
134 Director may exempt any particular ship or class of ship from survey [Repealed]
[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]
[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 1 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]
Special provisions relating to barges
[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]
[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]
[Repealed]
168 Interpretation [Repealed]
[Repealed]
169 Application of Collision Regulations [Repealed]
170 Observance of Collision Regulations [Repealed]
General provisions relating to safety
[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]
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]
Part 13
Transitional provisions relating to Parts 10 to 12
186 Documents issued under Parts 10 to 12
Part 14
General provisions relating to shipping
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
199 Search and rescue operations [Repealed]
Provisions relating to special maritime events
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
Part 15
Transitional and consequential provisions relating to maritime transport
203 Amendments to other enactments
204 Regulations, etc, deemed made under this Act [Expired]
206 Dispensing powers of Director
207 Abolition of Marine Council and Marine Advisory Committee, etc
Part 16
Carriage of goods by sea
209 Hague Rules to have force of law
210 Jurisdiction of New Zealand courts
211 Contracting parties to the Rules
217 Salvage claims against the Crown
218 Salvage claims by the Crown
219 Apportionment between salvors
Part 18
Preliminary provisions relating to marine pollution
221 Commencement of provisions relating to marine pollution
223 Application of Parts 19 to 27 to ships of New Zealand Defence Force
224 Application of certain provisions of Parts 19 to 28
Part 19
Protection of marine environment from harmful substances
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
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
Powers of Director in relation to protection of marine environment from harmful substances
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
Offences in respect of discharge or escape of harmful substances into sea or seabed
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
Part 20
Protection of marine environment from hazardous ships, structures, and offshore operations
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
252 Compliance with instructions
254 Instructions under this Part that conflict with other instructions
255 Minister’s power of direction
256 Protection of Director and other persons
Part 21
Protection of marine environment from dumping, incineration, and storing of wastes
Obligations in respect of dumping, storing, and incineration of wastes
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
Part 22
Obligations and powers in relation to marine protection documents
268 Marine protection documents to be held and complied with if required by marine protection rules
Powers of Director in relation to marine protection documents
269 Application for marine protection document
270 Issue of marine protection documents and recognition 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
280 Penalties for bodies corporate
Part 23
Plans and responses to protect marine environment from marine oil spills
Oil Pollution Advisory Committee
282 Oil Pollution Advisory Committee
New Zealand marine oil spill response strategy
283 Preparation and review of response strategy
284 Purpose and contents of response strategy
285 Consultation in respect of response strategy
Marine oil spill contingency plans
286 Purpose of marine oil spill contingency plans
Shipboard and site marine oil spill contingency plans
287 Preparation, review, and keeping of shipboard and site marine oil spill contingency plans
Regional 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
National 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
Obligations and offences in respect of marine oil spill contingency plans
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
Miscellaneous provisions relating to responses to marine oil spills
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
324 Director responsible for training
325 Director may review responses
Part 24
Financing plans and responses to protect the marine environment from marine oil spills
New Zealand Oil Pollution Fund
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
334 Consultation on oil pollution levies
335 Rates and basis of oil pollution 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
Part 25
Civil liability for pollution of marine environment
Liability for pollution from ships
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
Liability for pollution from marine structures and operations
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
General provisions in respect of liability for pollution damage
361 Time for bringing proceedings
362 Part 7 not to affect liability under this Part
Mandatory insurance for certain ships and offshore installations
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
368 Application of admiralty jurisdiction
369 Reciprocal enforcement of judgments
Part 26
Compensation from International Oil Pollution Compensation Fund for pollution damage
Compensation and indemnity from International Oil Pollution Fund
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]
Provisions in respect of proceedings against International Oil Pollution Fund
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
Miscellaneous provisions relating to International Oil Pollution Fund
[Repealed]
384 International Oil Pollution Fund as insurer [Repealed]
Part 27
Making of marine protection rules and regulations and taking of other measures to protect marine environment
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
General powers of Director in relation to protection of marine environment
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
Part 28
General offences and provisions in relation to offences and appeals under this Act
404 Obstruction of persons duly authorised by Director
405 Failure to maintain accurate records
406 Communicating false or insufficient information
General provisions in respect of offences
408 Offences to be punishable on summary conviction
409 Additional penalty for offence involving commercial gain
410 Liability of principal for acts of agents
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
418 Mode of service of summons on master or owner
420 Offence under more than 1 enactment
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
Provisions relating to Authority
429 Maritime New Zealand continued
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
438 Use of words “Maritime Safety Authority”
and “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
Part 30
Miscellaneous provisions applying to this Act generally
445 Regulations for fees and charges
Provisions in respect of rules under this Act
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
454 Warrant to inspect dwellinghouse, marae, etc
455 Entry in respect of offences
456 Duties on exercising power of entry
Detention of ship and distress on ship
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
Part 31
Consequential amendments, transitional provisions, and repeals
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
Amendments to Harbours Act 1950
477 Effect of bylaws on port company operations
Amendment to Local Government Act 1974
[Repealed]
479 Functions of regional councils [Repealed]
Amendment to Environment Act 1986
480 Acts under which consents may be granted
Repeals, savings, and transitional provisions
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
Schedule 1
Provisions relating to Maritime New Zealand
Schedule 2
Provisions applying in respect of Maritime Appeal Authority
Schedule 5
The Amended Hague Rules
Schedule 6
International Convention on Salvage, 1989
Maritime Transport Amendment Act 1998
An Act—
(a) to continue the Maritime Safety Authority of New Zealand; and
(b) to enable the implementation of New Zealand’s obligations under international maritime agreements; and
(c) to ensure that participants in the maritime transport system are responsible for their actions; and
(d) to consolidate and amend maritime transport law; and
(e) [Repealed]
(f) to protect the marine environment; and
(g) to continue, or enable, the implementation of obligations on New Zealand under various international conventions relating to pollution of the marine environment
Title paragraph (e): repealed, on 5 May 2003, by section 35(1)(a) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
