Reprint as at 5 December 2013

Maritime Transport Act 1994

Public Act1994 No 104
Date of assent17 November 1994
Commencementsee section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.


Contents

Title

1 Short Title and commencement

Part 1
Preliminary provisions

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

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[Repealed]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[Repealed]

6 Employers to ensure safety of seafarers [Repealed]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[Repealed]

7 Identification of hazards to seafarers [Repealed]

8 Significant hazards to seafarers to be eliminated where practicable [Repealed]

9 Significant hazards to seafarers to be isolated where elimination impracticable [Repealed]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hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable [Repealed]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[Repealed]

11 Employees to be given results of monitoring [Repealed]

12 Information for seafarers generally [Repealed]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[Repealed]

13 Training and supervision [Repealed]

14 Seafarers to be involved in development of health and safety procedures [Repealed]

Other duties

[Repealed]

15 Duties of employers in respect of persons who are not seafarers [Repealed]

16 Duties of seafarers [Repealed]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

General duties

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

Duties in relation to crewing

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

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 3A
Local regulation of maritime activity

33A Application of this Part

33B Interpretation

33C Functions of regional councils

Harbourmasters

33D Regional councils to appoint harbourmasters

33E Functions of harbourmasters

33F Harbourmasters' general powers

Enforcement

33G Enforcement officers, Police, and authorised regional council officials

33H Powers of entry

Councils may carry out harbour works

33I Councils may carry out harbour works

Wrecks

33J Removal of wrecks by regional council

33K Removal of wrecks by Director

33L Removal of abandoned ships

Navigation bylaws

33M Navigation bylaws

33N Offences relating to navigation bylaws

33O Infringement offences relating to navigation bylaws

33P Infringement notices

33Q Entitlement to infringement fees

Fees and charges

33R Fees and charges

Port operations

33S Responsibilities of port operators for maritime safety

33T Inspections and audits of port operations

33U Prohibition or conditions on use or operation of port facilities

33V Dangerous activity at commercial port

Miscellaneous

33W Crown harbours and facilities

33X Delegation or transfer of council's responsibilities

Part 4
Further regulation of maritime activity

Maritime rules

34 Maritime rules relating to maritime documents

35 Application for maritime document

36 Maritime rules relating to other matters

36A Power of Governor-General to make maritime rules

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 4A
Regulation of alcohol consumption by seafarers

40A Interpretation

40B Seafarers not to exceed specified alcohol limits

40C Contravention of specified breath or blood-alcohol limit

40D Failure or refusal to remain at specified place or to accompany enforcement officer

40E Failure or refusal to permit blood specimen to be taken

40F Defences

40G Blood test fee

40H Who must undergo breath screening test

40I Who must undergo evidential breath test

40J Seafarer may be required to undergo further evidential breath test if initial test fails to produce result

40K Right to elect blood test

40L Who must give blood specimen at places other than hospital or surgery

40M Who must give blood specimen in hospital or surgery

40N Procedure for dealing with blood specimens

40O Certificates in proceedings

40P Certificates of compliance for evidential breath-testing devices

40Q Presumptions relating to blood specimens

40R Presumptions relating to alcohol-testing

40S Circumstances in which certificate not admissible in proceedings

40T Power to stop and board ships

40U Arrest of seafarers for alcohol-related offences

40V Enforcement officer may prevent seafarers from returning to duty

40W Evidential status of certain muster lists, or other official records, from ships

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

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 work

53 Suspended persons not to work or be employed

Inspection, investigation, detention, and rectification

54 Inspections and audits

54A Power of Director to investigate holder of maritime document

55 Detention, etc, of ships and maritime products

56 Costs of detention, etc

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]

Safety offences

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

67A Offence for submerged load lines

67B Other offences

Offences in relation to maritime document

68 Acting without necessary maritime document

69 Applying for maritime document while disqualified

69A Acting in breach of maritime documents

69B Knowingly employing seafarers without maritime documents

Other offences

70 Failure to comply with inspection or audit request

71 Failure to comply with Part 3

Penalties

[Repealed]

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

Disqualification

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

Further provisions relating to offences

[Repealed]

80 Amendment of indictment or information [Repealed]

81 Strict liability and defences [Repealed]

Maritime Appeal Authority

82 Continuation of Maritime Appeal Authority

Part 7
Limitation of liability for maritime claims

83 Application of this Part

84 Interpretation

84A LLMC Convention as amended by LLMC Protocol to have force of law

85 Persons entitled to limitation of liability under this Part [Repealed]

86 Claims subject to limitation of liability

87 Calculation of limits of liability

87A Governor-General may notify amended limits

88 Units of account

89 Court may consolidate claims [Repealed]

90 Part owners to account in respect of damages [Repealed]

91 Release of ship where security given [Repealed]

Part 8
Liability where 2 or more ships involved

92 Application of this Part

93 Interpretation

94 Division of loss

95 Damages for personal injury

96 Right of contribution

97 Limitation of actions

Part 9
Wreck of ships and aircraft

98 Interpretation

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]

Dealing with wreck

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

Offences in respect of wreck

[Repealed]

111 Offences in respect of wreck [Repealed]

112 Receiver may seize concealed wreck [Repealed]

Salvage

[Repealed]

113 Salvage for saving life [Repealed]

114 Salvage of cargo or wreck [Repealed]

Procedure in salvage

[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]

Fees of Receivers

[Repealed]

125 Fees to be paid to Receiver [Repealed]

Duties on wreck

126 Foreign wreck subject to duties as an importation

127 Penalties

Part 10
Construction, survey, and equipment

[Repealed]

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]

Requirement of survey

[Repealed]

133 Certain ships to be surveyed [Repealed]

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

Conduct of surveys

[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]

Certificates

[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]

Part 11
Load lines

[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]

Part 12
Safety at sea

[Repealed]

168 Interpretation [Repealed]

Prevention of collisions

[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]

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]

Part 13
Transitional provisions relating to Parts 10 to 12

185 Penalties

186 Documents issued under Parts 10 to 12

187 Expiry of Parts 10 to 12

Part 14
General provisions relating to shipping

Duty of assistance

188 Duty of assistance

Maritime Registry

189 Maritime Registry

Information services

190 Information services

Maritime levies

191 Maritime levies

192 Exemptions from maritime levies

193 Power to appoint agents to collect maritime levies

194 Power of agent of ship, etc, to retain maritime levies out of other money

195 Recovery in certain cases where maritime levies not paid

196 Issue of receipt for maritime levy

197 Detention of ship where maritime levies not paid or receipt not produced

Coastal shipping

198 Coastal shipping

Safety services

199 Search and rescue operations [Repealed]

200 Navigational aids

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

Dangerous goods

200C Opening and testing of packages containing dangerous goods

Miscellaneous provisions

201 Regulations

Part 15
Transitional and consequential provisions relating to maritime transport

202 Repeals and revocations

203 Amendments to other enactments

204 Regulations, etc, deemed made under this Act [Expired]

205 Expiry of section 204

206 Dispensing powers of Director

207 Abolition of Marine Council and Marine Advisory Committee, etc

Part 16
Carriage of goods by sea

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

Part 17
Salvage

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

Part 18
Preliminary provisions relating to marine pollution

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

Part 19
Protection of marine environment from harmful substances

225 Interpretation

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

233A Power to prohibit transfer of oil or noxious liquid substance

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

242A Failure to comply with prohibitions

Defences

243 Defences to offence against section 237

Penalties

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

245 Penalties in respect of sections 240, 241, and 242A

246 Amount of fine or other monetary penalty recoverable from agent

Part 20
Protection of marine environment from hazardous ships, structures, and offshore operations

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

Part 21
Protection of marine environment from dumping, incineration, and storing of wastes

257 Interpretation

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

Offences

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

Penalties

266 Penalties

267 Sentence of imprisonment

Part 22
Obligations and powers in relation to marine protection documents

General rule

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

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

General offences

277 Acting without necessary marine protection document

278 Acting in breach of marine protection document

Penalties

279 Penalties for individuals

280 Penalties for bodies corporate

Part 23
Plans and responses to protect marine environment from marine oil spills

281 Interpretation

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

Marine oil spill responses

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

317 Penalties

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

323 Authority may inspect

324 Director responsible for training

325 Director may review responses

326 Proof of identity

327 Protection from liability

328 Contracts

Part 24
Financing plans and responses to protect the marine environment from marine oil spills

329 Interpretation

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

Oil pollution levies

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

Part 25
Civil liability for pollution of marine environment

342 Interpretation

343 Ownership of CLC Ship

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 Limits of liability of CLC shipowners for oil 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

Liability for pollution from marine structures and operations

[Repealed]

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

356 Liability for pollution damage from marine operations and structures [Repealed]

357 Liability for unattributable pollution damage from marine structures and operations [Repealed]

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

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

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

General provisions in respect of liability for pollution damage

361 Time for bringing proceedings

362 Part 7 not to affect liability under this Part [Repealed]

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 [Repealed]

365 Production of certificate of insurance

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

367 Offences

Miscellaneous

368 Application of admiralty jurisdiction

369 Reciprocal enforcement of judgments

Part 26
Compensation from International Oil Pollution Compensation Fund for pollution damage

370 Interpretation

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]

Levies on oil imports

385 Levies on oil imports

Part 26A
Civil liability for pollution of marine environment from marine structures

385A Interpretation

385B Liability to the Crown and marine agencies for costs of cleaning up pollution

Liability for pollution from marine structures and operations

385C Liability for pollution damage from marine structures and operations

385D Liability for unattributable pollution damage from marine structures and operations

385E Defences in respect of liability for pollution damage from marine structures and operations

385F Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence

385G Proceedings against third parties in respect of pollution damage from marine structures or operations

385H Regulated offshore installations to have certificates of insurance

385I Production of certificate of insurance

385J Rights of third parties against insurers of regulated offshore installations

385K Offence

Part 27
Making of marine protection rules and regulations and taking of other measures to protect marine environment

Marine protection rules

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

390A Power of Governor-General to make marine protection rules

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

Regulations

394 Regulations

General powers of Director in relation to protection of marine environment

395 Exemptions

396 Inspections and audits

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

398 Costs of detention under section 397

Offences

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

400 Contravention of prohibition or conditions

401 Contravention of emergency marine protection rule

Penalties

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

General offences

404 Obstruction of persons duly authorised by Director

405 Failure to maintain accurate records

406 Communicating fraudulent, misleading, or false information

407 Penalties

General provisions in respect of offences

408 Offences to be punishable on summary conviction [Repealed]

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 1 enactment

421 Application of fines

Infringement offences

422 Infringement offences

423 Infringement notices

Rights of appeal

424 Rights of appeal

425 Procedure

426 Decision of Director or harbourmaster to continue in force pending appeal

427 Appeal to High Court on question of law

428 Further appeal to Court of Appeal

Part 29
Maritime New Zealand

Provisions relating to Authority

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 Authority and Maritime New Zealand

439 Director of Maritime New Zealand

440 Acting Director of Maritime New Zealand

General provisions

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

Regulations

445 Regulations for fees and charges

445A Text of certain marine protection conventions

Provisions in respect of rules under this Act

446 Procedure for making of rules by Minister

446A Procedure for making of rules by Governor-General

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 by reference

Powers of entry

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 [Repealed]

457 Additional powers

Service of documents

458 Service of documents

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

478 No marine pollution dues

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

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

Schedule 1
Provisions relating to Maritime New Zealand

Schedule 2
Provisions applying in respect of Maritime Appeal Authority

Schedule 3
Enactments repealed

Schedule 4
Enactments amended

Schedule 5
The Amended Hague Rules

Schedule 6
International Convention on Salvage, 1989

Schedule 7
Enactments repealed

Schedule 8
Convention on the Limitation of Liability for Maritime Claims (1976)

Schedule 9
Protocol of 1996 to Amend the Convention on the Limitation of Liability for Maritime Claims (1976)

Maritime Transport Amendment Act 1998

Maritime Transport Amendment Act 2004

Maritime Transport Amendment Act 2013

Reprint notes


An Act—

  • (a) to continue Maritime 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; and

  • (h) to regulate maritime activities in New Zealand and New Zealand waters; and

  • (i) to regulate maritime activities and the marine environment in the exclusive economic zone and on the continental shelf as permitted under international law

  • Title paragraph (a): amended, on 23 October 2013, by section 4(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

  • 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).

  • Title paragraph (g): amended, on 23 October 2013, by section 4(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

  • Title paragraph (h): inserted, on 23 October 2013, by section 4(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

  • Title paragraph (i): inserted, on 23 October 2013, by section 4(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).