Maritime Transport Act 1994

  • Warning: Some amendments have not yet been incorporated
  • This version was replaced on 26 August 2016 to make corrections to sections 110, 213(1)(a), 249(2), 291(2) and (3), 300(1), 383, 441(6), 453(5) and Schedules 2 and 3 under section 25(1)(j)(i), (ii), (iv), and (v) of the Legislation Act 2012.

Reprint as at 4 April 2016

Coat of Arms of New Zealand

Maritime Transport Act 1994

Public Act
 
1994 No 104
Date of assent
 
17 November 1994
Commencement
 
see section 1
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official 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
1Short Title and commencement
2Interpretation
3Act to bind the Crown
4Application of this Act
4AApplication of Parts 3 and 5
5Objectives of Minister
5AFunctions of Minister
[Repealed]
[Repealed]
6Employers to ensure safety of seafarers [Repealed]
[Repealed]
7Identification of hazards to seafarers [Repealed]
8Significant hazards to seafarers to be eliminated where practicable [Repealed]
9Significant hazards to seafarers to be isolated where elimination impracticable [Repealed]
10Significant hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable [Repealed]
[Repealed]
11Employees to be given results of monitoring [Repealed]
12Information for seafarers generally [Repealed]
[Repealed]
13Training and supervision [Repealed]
14Seafarers to be involved in development of health and safety procedures [Repealed]
[Repealed]
15Duties of employers in respect of persons who are not seafarers [Repealed]
16Duties of seafarers [Repealed]
17General requirements for participants in maritime system
18General requirements for persons other than participants
19Duties of master
20Duty to report dismissals
21Pleasure craft departing for overseas
22Employer’s duties in relation to seafarers of New Zealand ships on overseas voyages
23Employer’s duties in relation to seafarers on New Zealand ships
24Inspection of provisions
25Body and effects of deceased seafarer
26Provisions relating to crewing of New Zealand ships and young persons
27Prohibition on receiving remuneration for placing seafarers in employment
28Members of crew not to contract out of rights
29Master to have same rights as members of crew
30Recording and notification of accidents, incidents, and mishaps
31Obligation to notify all accidents, incidents, etc
32Duty to assist persons in danger and to respond to distress calls
33Reporting of dangers to navigation
33AApplication of this Part
33BInterpretation
33CFunctions of regional councils
33DRegional councils to appoint harbourmasters
33EFunctions of harbourmasters
33FHarbourmasters’ general powers
33GEnforcement officers, Police, and authorised regional council officials
33HPowers of entry
33ICouncils may carry out harbour works
33JRemoval of wrecks by regional council
33KRemoval of wrecks by Director
33LRemoval of abandoned ships
33MNavigation bylaws
33NOffences relating to navigation bylaws
33OInfringement offences relating to navigation bylaws
33PInfringement notices
33QEntitlement to infringement fees
33RFees and charges
33SResponsibilities of port operators for maritime safety
33TInspections and audits of port operations
33UProhibition or conditions on use or operation of port facilities
33VDangerous activity at commercial port
33WCrown harbours and facilities
33XDelegation or transfer of council’s responsibilities
34Maritime rules relating to maritime documents
35Application for maritime document
36Maritime rules relating to other matters
36APower of Governor-General to make maritime rules
37Power of Director to make emergency maritime rules
38Contravention of emergency maritime rule
39Matters to be taken into account in making maritime rules
40Further provisions relating to rules
40AInterpretation
40BSeafarers not to exceed specified alcohol limits
40CContravention of specified breath or blood-alcohol limit
40DFailure or refusal to remain at specified place or to accompany enforcement officer
40EFailure or refusal to permit blood specimen to be taken
40FDefences
40GBlood test fee
40HWho must undergo breath screening test
40IWho must undergo evidential breath test
40JSeafarer may be required to undergo further evidential breath test if initial test fails to produce result
40KRight to elect blood test
40LWho must give blood specimen at places other than hospital or surgery
40MWho must give blood specimen in hospital or surgery
40NProcedure for dealing with blood specimens
40OCertificates in proceedings
40PCertificates of compliance for evidential breath-testing devices
40QPresumptions relating to blood specimens
40RPresumptions relating to alcohol-testing
40SCircumstances in which certificate not admissible in proceedings
40TPower to stop and board ships
40UArrest of seafarers for alcohol-related offences
40VEnforcement officer may prevent seafarers from returning to duty
40WEvidential status of certain muster lists, or other official records, from ships
41Issue of maritime documents and recognition of documents
42Acceptance of convention documents
43Suspension of maritime documents or imposition of conditions
44Revocation of maritime documents
45Amendment or revocation in other cases
46Suspension or revocation of maritime document where prescribed fees or charges unpaid
47Exemption
48Powers of Director in relation to examinations, etc
49Criteria for action under section 43 or section 44
50Criteria for fit and proper person
51Notice to persons affected by proposed adverse decisions
52Suspension from work
53Suspended persons not to work or be employed
54Inspections and audits
54APower of Director to investigate holder of maritime document
55Detention, etc, of ships and maritime products
56Costs of detention, etc
57Investigation of accidents, incidents, and mishaps by Director
58Powers of investigation of Director
59Additional powers of investigation
60Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission
60AMaster to ensure rules relating to pilotage are complied with
60BLimitation of liability where pilot engaged
[Repealed]
61Offences likely to cause serious harm [Repealed]
62Other offences [Repealed]
63Actions taken to prevent harm [Repealed]
64Unnecessary danger caused by holder of maritime document
65Dangerous activity involving ships or maritime products
65AProceeding without pilot contrary to maritime rules or direction given under section 60A
66Effect of breach of maritime rule
67Communicating false information affecting safety
67AOffence for submerged load lines
67BOther offences
68Acting without necessary maritime document
69Applying for maritime document while disqualified
69AActing in breach of maritime documents
69BKnowingly employing seafarers without maritime documents
70Failure to comply with inspection or audit request
71Failure to comply with Part 3
[Repealed]
72Failure to comply with sections 7 to 10 [Repealed]
73Court may disqualify holder of maritime document or impose conditions on holding of document
74Effect of disqualification
75Commencement of period of disqualification
76Retention and custody of documents
77Removal of disqualification
78Particulars of disqualification orders, etc, to be sent to Director
79Appeals
[Repealed]
80Amendment of indictment or information [Repealed]
81Strict liability and defences [Repealed]
82Continuation of Maritime Appeal Authority
83Application of this Part
84Interpretation
84ALLMC Convention as amended by LLMC Protocol to have force of law
85Persons entitled to limitation of liability under this Part [Repealed]
86Claims subject to limitation of liability
87Calculation of limits of liability
87AGovernor-General may notify amended limits
88Units of account
89Court may consolidate claims [Repealed]
90Part owners to account in respect of damages [Repealed]
91Release of ship where security given [Repealed]
92Application of this Part
93Interpretation
94Division of loss
95Damages for personal injury
96Right of contribution
97Limitation of actions
98Interpretation
99Director may appoint Receivers [Repealed]
100Powers and duties of Director where ship or aircraft in distress
100AResponsibility of owner of ship or aircraft in distress
101Right of passage over adjoining lands
102Receiver to suppress plunder and disorder [Repealed]
103In Receiver’s absence, who to act [Repealed]
104Receiver to make inquiry [Repealed]
105Rules to be observed by person finding wreck
106Articles washed ashore to be delivered to Receiver [Repealed]
107Claims to wreck [Repealed]
108Wreck may be sold immediately in certain cases [Repealed]
109Provisions where wreck claimed by 2 or more persons and as to unclaimed wreck [Repealed]
110Removal of hazards to navigation
[Repealed]
111Offences in respect of wreck [Repealed]
112Receiver may seize concealed wreck [Repealed]
[Repealed]
113Salvage for saving life [Repealed]
114Salvage of cargo or wreck [Repealed]
[Repealed]
115Settlement of disputes as to salvage [Repealed]
116Settlement of disputes by District Court [Repealed]
117Apportionment of salvage among owners, etc, of ships and aircraft other than New Zealand ships or aircraft [Repealed]
118Valuation of wreck [Repealed]
119Enforcing payment of salvage [Repealed]
120Receiver may sell wreck in case of non-payment [Repealed]
121Payment of salvage in case of dispute as to apportionment [Repealed]
122High Court may apportion [Repealed]
123Salvage claims against the Crown [Repealed]
124Salvage claims by the Crown [Repealed]
[Repealed]
125Fees to be paid to Receiver [Repealed]
126Foreign wreck subject to duties as an importation
127Penalties
[Repealed]
128Interpretation [Repealed]
129Application of this Part [Repealed]
130Surveyors [Repealed]
131Notice to be given before work commenced [Repealed]
132Notice to be given before use changed [Repealed]
[Repealed]
133Certain ships to be surveyed [Repealed]
134Director may exempt any particular ship or class of ship from survey [Repealed]
[Repealed]
135Initial, intermediate, and periodical surveys [Repealed]
136Additional surveys [Repealed]
137Duties of surveyor on completion of survey where ship satisfactory [Repealed]
138Duties of surveyor on completion of survey where ship unsatisfactory [Repealed]
139Duties of Director on receipt of notice [Repealed]
140Declarations of survey [Repealed]
[Repealed]
141Interim certificates [Repealed]
142Safety Convention certificates [Repealed]
143Certificates of survey [Repealed]
144Requirement to hold appropriate certificate [Repealed]
145Dispensation from having appropriate certificate [Repealed]
146Conditions in respect of certificates [Repealed]
147More than 1 certificate in respect of same ship [Repealed]
148Duration of Safety Convention certificates [Repealed]
149Duration of certificate of survey [Repealed]
150Display of certificates [Repealed]
151Offence in respect of display of certificates [Repealed]
[Repealed]
152Application of sections 153 to 155 [Repealed]
153Certificates of completion required for certain barges [Repealed]
154Certificates of completion [Repealed]
155Offence to proceed on voyage in certain circumstances [Repealed]
156Government ships [Repealed]
[Repealed]
157Interpretation [Repealed]
158Application of this Part [Repealed]
159Load line ships and certificates [Repealed]
160Issue of load line certificates [Repealed]
161Duty to comply with Load Line Regulations [Repealed]
162Overloading [Repealed]
163Offences in relation to markings [Repealed]
164Display of load line certificate and other requirements [Repealed]
165Director may exempt certain ships from Load Line Regulations [Repealed]
166Use of timber load lines [Repealed]
167Submersion lines on ships not subject to Load Line Regulations [Repealed]
[Repealed]
168Interpretation [Repealed]
[Repealed]
169Application of Collision Regulations [Repealed]
170Observance of Collision Regulations [Repealed]
[Repealed]
171Radio messages [Repealed]
172Additional duties in respect of reporting of dangers to navigation [Repealed]
173Dangerous goods [Repealed]
174Deck cargo [Repealed]
175Livestock [Repealed]
176Grain [Repealed]
177Minister may define restricted limits [Repealed]
178Medical officers to be carried on certain ships [Repealed]
179Medical certificates required in respect of seafarers under 18 years of age [Repealed]
180Crew accommodation [Repealed]
181Official logbook to be kept [Repealed]
182Matters to be entered in logbook [Repealed]
183Chief engineer to keep engine room logbook [Repealed]
184Offence in respect of official logbook, etc [Repealed]
185Penalties
186Documents issued under Parts 10 to 12
187Expiry of Parts 10 to 12
188Duty of assistance
189Maritime Registry
190Information services
191Maritime levies
192Exemptions from maritime levies
193Power to appoint agents to collect maritime levies
194Power of agent of ship, etc, to retain maritime levies out of other money
195Recovery in certain cases where maritime levies not paid
196Issue of receipt for maritime levy
197Detention of ship where maritime levies not paid or receipt not produced
198Coastal shipping
199Search and rescue operations [Repealed]
200Navigational aids
200AMinister may notify maritime event where special enforcement powers exercisable
200BSpecial enforcement powers may be exercised when this section applies
200COpening and testing of packages containing dangerous goods
201Regulations
202Repeals and revocations
203Amendments to other enactments
204Regulations, etc, deemed made under this Act [Expired]
205Expiry of section 204
206Dispensing powers of Director
207Abolition of Marine Council and Marine Advisory Committee, etc
208Interpretation
209Hague Rules to have force of law
210Jurisdiction of New Zealand courts
211Contracting parties to the Rules
212Repeals
213Savings
214Commencement
215Interpretation
216Application of Convention
217Salvage claims against the Crown
218Salvage claims by the Crown
219Apportionment between salvors
219ASalvage for saving life
220Actions for indemnity
221Commencement of provisions relating to marine pollution
222Interpretation
223Application of Parts 19 to 27 to ships of New Zealand Defence Force
224Application of certain provisions of Parts 19 to 28
224ARegulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of discharges
225Interpretation
226Harmful substances not to be discharged into sea or seabed of exclusive economic zone or continental shelf
226AHarmful substances not to be discharged into sea or seabed beyond New Zealand continental waters from New Zealand ships
227Duty to report discharge or escape of harmful substances
228Notice of pollution incidents
229Notice of prospective arrival of ship carrying oil or noxious liquid substance
230Notice of transfer of oil or noxious liquid substances to or from ships
231Obligations of Director, Environmental Protection Authority, and regional councils to share information concerning notices
232Director may require provision of financial security
233Rectification of hazardous conditions
233APower to prohibit transfer of oil or noxious liquid substance
234Precautionary measures in the event of transfer of oil or noxious liquid substance
235Powers of investigation of Director
235AAdditional powers of Director
236Power to require reception facilities
237Discharge or escape of harmful substances from ship into sea or seabed
238Failure to report discharge of harmful substance into sea or seabed
239Failure to notify pollution incidents
240Failure to notify arrival of ship carrying oil or noxious liquid substance
241Failure to notify transfer of oil or noxious liquid substance from or to ships
242Failure to comply with requirement of Director
242AFailure to comply with prohibitions
243Defences to offence against section 237
244Penalties in respect of sections 237, 238, 239, and 242
245Penalties in respect of sections 240, 241, and 242A
246Amount of fine or other monetary penalty recoverable from agent
247Interpretation
248Powers of Director in relation to hazardous ships
249Powers of Director in relation to hazardous structures and operations
250Exercise of power by Director
251Right to compensation
252Compliance with instructions
253Offences
254Instructions under this Part that conflict with other instructions
255Minister’s power of direction
256Protection of Director and other persons
257Interpretation
257ARegulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of dumping
258Dumping of radioactive waste or other radioactive matter
259Storing of radioactive waste or other radioactive matter [Repealed]
260Storing of toxic or hazardous waste [Repealed]
261Dumping and incineration of waste or other matter
262Permits for dumping waste or other matter
262AEmergency dumping permit
262BConditions of emergency dumping permit
263Offences in respect of radioactive waste and other radioactive matter
264Offences in respect of dumping and incineration of waste and other matter
265Special defences
266Penalties
267Sentence of imprisonment
268Marine protection documents to be held and complied with if required by marine protection rules
269Application for marine protection document
270Issue of marine protection documents and recognition of documents
271Acceptance of documents
272Suspension of marine protection documents or imposition of conditions
273Revocation of marine protection documents
274Suspension or revocation of marine protection document where prescribed fees or charges unpaid
275Amendment or revocation in other cases
276Criteria for action under section 272 or section 273
277Acting without necessary marine protection document
278Acting in breach of marine protection document
279Penalties for individuals
280Penalties for bodies corporate
281Interpretation
282Oil Pollution Advisory Committee
283Preparation and review of response strategy
284Purpose and contents of response strategy
285Consultation in respect of response strategy
286Purpose of marine oil spill contingency plans
287Preparation, review, and keeping of shipboard and site marine oil spill contingency plans
288Purpose of regional marine oil spill contingency plan
289Initial regional marine oil spill contingency plans
290Regular review of regional marine oil spill contingency plans
291Preparation and consultation in respect of, and matters to be included in, regional marine oil spill contingency plans
292Approval of draft regional marine oil spill contingency plan
293Amendment of regional marine oil spill contingency plans
294Regional marine oil spill contingency plan overridden in certain cases
295Power of Director to prepare regional marine oil spill contingency plan
296Purpose of national marine oil spill contingency plan
297Preparation and review of national marine oil spill contingency plan
298Consultation in respect of and matters to be included in national plan
299Duty to notify if unable to contain and clean up marine oil spills
300Function of regional on-scene commanders after notification
301Function of National On-Scene Commander after notification
302National On-Scene Commander to take precedence
303Objective of on-scene commanders
304Termination of marine oil spill response
305Powers of on-scene commander
306Matters to be complied with in requisitioning
307Compensation payable where property requisitioned
308Compensation for loss or damage to personal property
309Absence from duty not to affect employment rights
310Minister’s power of direction
311Additional powers of on-scene commander
312Limits on powers of on-scene commander
313Compliance with marine oil spill contingency plans
314Offences in respect of marine oil spill contingency plans
315Offences in respect of notification of inability to contain and clean up marine oil spills
316Failure to comply with prohibition, restriction, or direction
317Penalties
318Appointment of regional on-scene commanders
319Appointment of National On-Scene Commander
320Appointments under section 318 or section 319
321Purchases by Authority to prepare for and implement responses to marine oil spills
322Distribution and responsibility for maintenance of purchases under section 321
323Authority may inspect
324Director responsible for training
325Director may review responses
326Proof of identity
327Protection from liability
328Contracts
329Interpretation
330New Zealand Oil Pollution Fund
331Application of money in New Zealand Oil Pollution Fund
332Expenditure budgets required before certain money paid from Fund
333Oil pollution levies
334Consultation on oil pollution levies
335Rates and basis of oil pollution levies
336Incurring of levies
337Payment of levies
338Ships not entitled to certificate of clearance until levies paid
339Evidence of nature and change of use
340Offences against this Part
341Recovery of levies
342Interpretation
343Ownership of CLC Ship
344Liability to the Crown and marine agencies for costs of cleaning up pollution
345Liability of shipowners for pollution damage
346Liability for unattributable pollution damage from ships
347Limits of liability of CLC shipowners for oil pollution damage
348Defences to shipowner’s liability for pollution damage
349Reduction of shipowner’s liability for pollution damage where contributory negligence
350Proceedings against third parties in respect of pollution from ships
351Distribution of amounts paid in satisfaction of liability
352Liability of shipowners for damages for pollution damage only under this Act
353Restrictions on enforcement of claims against shipowners
354Ships owned by Convention States
[Repealed]
355Liability to the Crown and marine agencies for costs of cleaning up pollution [Repealed]
356Liability for pollution damage from marine operations and structures [Repealed]
357Liability for unattributable pollution damage from marine structures and operations [Repealed]
358Defences in respect of liability for pollution damage from marine structures and operations [Repealed]
359Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence [Repealed]
360Proceedings against third parties in respect of pollution from marine structures or operations [Repealed]
361Time for bringing proceedings
362Part 7 not to affect liability under this Part [Repealed]
363Certain ships to have certificates of insurance
363ACertain ships to have bunker oil certificates of insurance
364Regulated offshore installations to have certificates of insurance [Repealed]
365Production of certificate of insurance
366Rights of third parties against insurers of regulated oil tankers and regulated ships
367Offences
368Application of admiralty jurisdiction
369Reciprocal enforcement of judgments
370Interpretation
371International Oil Pollution Fund to have legal personality
372Compensation from International Oil Pollution Fund for certain pollution damage
373Maximum amount of liability of International Oil Pollution Fund
374International Oil Pollution Fund’s liability for compensation avoided or limited in certain cases
375Several claims for compensation from International Oil Pollution Fund
376International Oil Pollution Fund to indemnify certain shipowners [Repealed]
377International Oil Pollution Fund’s liability to indemnify limited or avoided in certain cases [Repealed]
378Time for bringing proceedings against International Oil Pollution Fund
379Jurisdiction of court in respect of claims against International Oil Pollution Fund
380Notice of proceedings against International Oil Pollution Fund
381Notice to and joining of International Oil Pollution Fund in certain proceedings
382Reciprocal enforcement of judgments against International Oil Pollution Fund
383Rights of subrogation of International Oil Pollution Fund
[Repealed]
384International Oil Pollution Fund as insurer [Repealed]
385Levies on oil imports
385AInterpretation
385BLiability to the Crown and marine agencies for costs of cleaning up pollution
385CLiability for pollution damage from marine structures and operations
385DLiability for unattributable pollution damage from marine structures and operations
385EDefences in respect of liability for pollution damage from marine structures and operations
385FReduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence
385GProceedings against third parties in respect of pollution damage from marine structures or operations
385HRegulated offshore installations to have certificates of insurance
385IProduction of certificate of insurance
385JRights of third parties against insurers of regulated offshore installations
385KOffence
386Marine protection rules to implement international standards
387Marine protection rules relating to marine protection documents
388Marine protection rules in relation to harmful and other substances
389Marine protection rules in relation to waste or other matter
390Marine protection rules in relation to marine oil spills and other matters
390APower of Governor-General to make marine protection rules
391Power of Director to make emergency marine protection rules
392Matters to be taken into account in making marine protection rules
393Further provisions relating to marine protection rules
394Regulations
395Exemptions
396Inspections and audits
397Detention, etc, of ships and seizure of marine protection products
398Costs of detention under section 397
399Failure to comply with Director’s inspection or audit requirements
400Contravention of prohibition or conditions
401Contravention of emergency marine protection rule
402Penalties in respect of section 399
403Penalties in respect of sections 400 and 401
404Obstruction of persons duly authorised by Director
405Failure to maintain accurate records
406Communicating fraudulent, misleading, or false information
407Penalties
408Offences to be punishable on summary conviction [Repealed]
409Additional penalty for offence involving commercial gain
410Liability of principal for acts of agents
411Limitation of proceedings
412Proof of exemption, etc
413Place where offences deemed to be committed
414Presumption as to master of ship
415Offences committed in foreign ports or on high seas by seafarers of New Zealand ships
416Compliance with rules
417Evidence and proof
418Mode of service of summons on master or owner
419Proceedings for offences
420Offence under more than 1 enactment
421Application of fines
422Infringement offences
423Infringement notices
424Rights of appeal
425Procedure
426Decision of Director or harbourmaster to continue in force pending appeal
427Appeal to High Court on question of law
428Further appeal to Court of Appeal
429Maritime New Zealand continued
429AMembership of Authority
430Objective of Authority
431Functions of Authority
432Authority to comply with policy directions [Repealed]
433Authority to have powers of natural person [Repealed]
434Powers of entry in respect of existing works
435Authority to consider delegating or contracting out of functions and powers
436Restriction applying to statement of intent
437Service charter
438Use of words “Maritime Safety Authority” and “Maritime New Zealand”
439Director of Maritime New Zealand
440Acting Director of Maritime New Zealand
441Delegation of Minister’s functions or powers to Authority
442Restriction on delegation of functions and powers by Authority
443Delegation of Director’s functions or powers to employees of Authority
444Delegation of Director’s functions or powers to persons outside Authority
445Regulations for fees and charges
445AText of certain marine protection conventions
446Procedure for making of rules by Minister
446AProcedure for making of rules by Governor-General
447Procedure for making of emergency rules by Director
448Provisions in respect of rules generally
449Notification of emergency rules in certain circumstances
450Other provisions in respect of emergency rules
451Further general provisions in respect of rules
452Incorporation by reference
453General power of entry
454Warrant to inspect dwellinghouse, marae, etc
455Entry in respect of offences
456Duties on exercising power of entry [Repealed]
457Additional powers
458Service of documents
459Recovery of fines, etc, by distress
460Enforcing detention of ships
461Consular officer to be notified of detention of foreign ship
462Cost of detention and inspection to be paid by owner
463Detention in lieu of security for civil claims
464Agents’ contracts of indemnity
465Designation of parties to conventions
466Other enactments not affected
467Provisions of Resource Management Act 1991 not to apply
467AProvisions of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 not to apply
468Savings relating to Shipping and Seamen Act 1952
469Permits and other documents issued under Marine Pollution Act 1974
470Proceedings under Marine Pollution Act 1974
471No liability for continuing offences after repeal
472Compensation for loss in acting in respect of marine casualties
473Instructions in relation to marine casualties unaffected
474Levies under Marine Pollution Act 1974
475Ships detained under Shipping and Seamen Act 1952 or Marine Pollution Act 1974
476Applications for permits under Marine Pollution Act 1974
477Effect of bylaws on port company operations
478No marine pollution dues
[Repealed]
479Functions of regional councils [Repealed]
480Acts under which consents may be granted
481Repeals and saving
482Oil Pollution Levies Order 1978
483Transitional provisions relating to Maritime Safety Authority of New Zealand
484Transitional provisions relating to Oil Pollution Advisory Committee
485Savings relating to Ministry, etc
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).

 
1 Short Title and commencement

(1)

This Act may be cited as the Maritime Transport Act 1994.

(2)

Except as provided in subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and, except in the case of the provisions referred to in section 214, different dates may be so appointed by 1 or more Orders in Council for different provisions and different purposes.

(3)

This section and sections 2, 214, and 221 shall come into force on the day on which this Act receives the Royal assent.

Section 1(2): Parts 1–16, section 222, Part 23, sections 329–332, Parts 27–30, sections 468, 471(1), 475(1), 479, 482–484, 485(1), (3), (5), and (6) brought into force, on 1 February 1995, by the Maritime Transport Act Commencement Order 1994 (SR 1994/272).

Section 1(2): Part 26 brought into force, on 20 February 1997, by the Maritime Transport Act Commencement Order 1996 (SR 1996/336).

Section 1(2): Part 22 brought into force, on 19 December 1997, by the Maritime Transport Act Commencement Order 1997 (SR 1997/300).

Section 1(2): sections 223, 224, Parts 19–21, sections 333–341, Part 25, sections 469, 470, 471(2), 472–474, 475(2), 476–478, 480, 481, 485(2), (4), and Schedule 7 brought into force, on 20 August 1998, by the Maritime Transport Act Commencement Order 1998 (SR 1998/206).

Section 1(2): sections 215–220 and Schedule 6 brought into force, on 16 October 2003, by the Maritime Transport Act Commencement Order 2003 (SR 2003/259).

Part 1 Preliminary provisions

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accident means an occurrence that involves a ship and in which—

(a)

a person is seriously harmed as a result of—

(i)

being on the ship; or

(ii)

direct contact with any part of the ship, including any part that has become detached from the ship; or

(iii)

direct exposure to the wash of the ship or interaction (other than direct contact) between 2 ships; or

(iv)

being involved in the salvage of any ship—

except where the injuries are self-inflicted or inflicted by other persons, or when injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

(b)

the ship sustains damage or structural failure that—

(i)

adversely affects the structural strength, performance, or seaworthiness of the ship; or

(ii)

would normally require major repair or replacement of the affected component; or

(iii)

poses a threat to the safety of people on board the ship; or

(c)

there is a complete or partial failure of machinery or equipment that affects the seaworthiness of the ship; or

(d)

there is a loss of, or damage to, or movement of, or change in the state of, the cargo of the ship which poses a risk to the ship or other ships; or

(e)

there is a significant loss of, or significant damage to, property (not being the cargo carried by the ship) or the property of any person (whether or not on board the ship), whether or not the loss or damage arises from an interaction between 2 ships; or

(f)

there is a loss or escape of any substance or thing that—

(i)

may result, or has resulted, in serious harm to any person; or

(ii)

may pose a risk, or has resulted in damage, to the ship or other ships; or

(iii)

may pose a risk, or has resulted in damage, to any property (whether or not on board the ship); or

(g)

a person is lost at sea (whether or not subsequently found) or is missing; or

(h)

the ship is foundering, capsizing, being abandoned, stranding, missing, or has foundered, capsized, been abandoned, stranded, been in a collision, or has had a major fire on board

aircraft has the same meaning as in the Civil Aviation Act 1990

Articles of Agreement means an agreement between an employer and 1 or more seafarers setting out the terms and conditions of the seafarers’ employment

Authority means the authority continued by section 429

commercial ship means a ship that is not—

(a)

a pleasure craft; or

(b)

solely powered manually; or

(c)

solely powered by sail

continental shelf or continental shelf of New Zealand has the same meaning as in the Continental Shelf Act 1964

conventions, in relation to this Part and Parts 2 to 15, means such conventions as may be declared for the purposes of any such Part by Order in Council pursuant to subsection (2); and includes the amendments to such conventions, being amendments to which New Zealand is a party that are declared in the same manner

crew means the persons employed or engaged in any capacity on board a ship (except a master, a pilot, or a person temporarily employed on the ship while it is in port)

demise charter has the same meaning as in section 2(1) of the Ship Registration Act 1992

Director means the person who is for the time being the Director of Maritime New Zealand under section 439

emergency rules means emergency maritime rules or emergency marine protection rules

employer means a person who employs or engages any other person (other than a person temporarily employed on the ship while it is in port or a pilot) to do any work for hire or reward on board a commercial ship or pleasure craft

fail includes refuse; and failure includes refusal

fishing ship means a ship used for catching fish, whales, seals, or other living resources of the sea for profit; and includes a ship that is recognised by the Director as being engaged in fisheries research

foreign ship means any ship that is not a New Zealand ship

gross tonnage or gross tons, in relation to a ship, means the gross tonnage of that ship determined or recognised in accordance with the provisions of this Act or any maritime rules

harbour

(a)

means any natural or artificial harbour; and

(b)

includes any place in or at which ships can or do obtain shelter

harbourmaster, in relation to a port, a harbour, or other waters in a region, means any person appointed as a harbourmaster of that port or harbour, or those waters, under Part 3A

harm means illness, injury, or both; and to harm and harmed have corresponding meanings

hazard means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether or not arising or caused on board a ship) that is an actual or potential cause or source of harm; and hazardous has a corresponding meaning

incident means any occurrence, other than an accident, that is associated with the operation of a ship and affects or could affect the safety of operation

internal waters of New Zealand means the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

load lines means the marks indicating several maximum depths to which a ship is permitted to be loaded in various circumstances prescribed by maritime rules or regulations made under this Act

marine protection rules means marine protection rules made by the Minister under Part 27; and includes emergency marine protection rules made by the Director under section 391

maritime document

(a)

means any licence, permit, certificate or other document issued under Part 5 to or in respect of any person, ship, cargo, maritime procedure, or maritime product; and

(b)

includes any foreign licence, permit, certificate, or other document recognised by the Director under section 41 or accepted by the Director under section 42

maritime product means anything that comprises or is intended to comprise any part of a ship or that is or is intended to be installed in or fitted or supplied to a ship; and includes—

(a)

safety equipment:

(b)

nautical instruments and publications, whether or not computerised or electronic, used or intended to be used in the operation of a ship:

(c)

electronic navigational aids used or intended to be used in the operation of a ship:

(d)

radio and other communication equipment:

(e)

fuel and other similar consumable items necessary for the operation of a ship

maritime rules means maritime rules made by the Minister under Part 4; and includes emergency maritime rules made by the Director under section 37

master means any person (except a pilot) having command or charge of any ship

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

mishap means an event that—

(a)

causes any person to be harmed; or

(b)

in different circumstances, might have caused any person to be harmed

nautical instruments and publications means those instruments and publications (including computerised or electronic instruments and publications) used or intended to be used in the navigation of a ship

navigation bylaws means bylaws made (or deemed to have been made) under Part 3A

navigational aid includes—

(a)

any lightship and any floating or other light exhibited for the guidance of ships:

(b)

any description of a fog signal not carried on a ship:

(c)

all marks and signs in aid of marine navigation:

(d)

any electronic, radio, or other aid to marine navigation not carried on board any ship

New Zealand-based operator means—

(a)

a New Zealand national who is ordinarily resident or carries on business in New Zealand; or

(b)

a New Zealand national who is ordinarily resident in New Zealand and any other person where the New Zealand national is in a position to control the exercise of the rights and powers of the charterers under the charterparty

New Zealand Defence Force has the same meaning as the term Defence Force in section 2(1) of the Defence Act 1990

New Zealand national has the same meaning as in section 2(1) of the Ship Registration Act 1992

New Zealand ship means a ship that is registered under the Ship Registration Act 1992; and includes a ship that is not registered under that Act but is required or entitled to be registered under that Act

New Zealand waters means—

(a)

the territorial sea of New Zealand; and

(b)

the internal waters of New Zealand; and

(c)

all rivers and other inland waters of New Zealand

operate, in relation to a ship, means to sail or use the ship, or cause or permit the ship to sail, be used, or be in any place, whether or not the person is present with the ship; and operating, operation, and operator have corresponding meanings

operating in New Zealand waters means any activity undertaken in New Zealand waters that involves calling in to a New Zealand port; but does not include the passage by a ship through New Zealand waters that does not involve calling in to a New Zealand port

owner,—

(a)

in relation to a ship registered in New Zealand under the Ship Registration Act 1992, means the registered owner of the ship:

(b)

in relation to a ship registered in any place outside New Zealand, means the registered owner of the ship:

(c)

in relation to a fishing ship, other than one to which paragraph (a) or paragraph (b) applies, means the person registered as the owner in the Fishing Vessel Register kept under section 98 of the Fisheries Act 1996:

(d)

in relation to a ship to which paragraph (a) or paragraph (b) or paragraph (c) applies, where, by virtue of any charter or demise or for any other reason, the registered owner is not responsible for the management of the ship, includes the charterer or other person who is for the time being so responsible:

(e)

in relation to an unregistered ship or a registered ship that does not have a registered owner, means the person who is for the time being responsible for the management of the ship

passenger means any person carried on a ship, other than—

(a)

the master and members of the crew, and any other person employed or engaged in any capacity on board the ship on the business of the ship:

(b)

a person on board the ship either in pursuance of an obligation laid upon the master to carry shipwrecked, distressed, or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled:

(c)

a child under the age of 1 year

pilot, in relation to any ship, means any person not being the master or a member of the crew of the ship who has the conduct of the ship

plant includes—

(a)

appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle:

(b)

part of any plant, the controls of any plant, and anything connected to any plant

pleasure craft

(a)

means a ship that is not offered or used for hire or reward, and is used exclusively for—

(i)

the owner’s pleasure or as the owner’s residence; or

(ii)

recreational purposes by—

(A)

the members of a club that owns the ship:

(B)

the beneficiaries of a trust that owns the ship:

(C)

the members of an incorporated society that owns the ship; but

(b)

excludes a ship that is—

(i)

provided for transport, sport, or recreation by, or on behalf of, an institution, hotel, motel, place of entertainment, or other establishment or business:

(ii)

used on a voyage for pleasure if the ship is normally used, or intended to be normally used, as a fishing ship or for the carriage of passengers or cargo for hire or reward:

(iii)

operated or provided by—

(A)

a club, incorporated society, or trust for non-recreational purposes; or

(B)

a business

port

(a)

means an area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and

(b)

includes any place in or at which ships can or do—

(i)

load or unload goods:

(ii)

embark or disembark passengers; and

(c)

also includes a harbour

prescribed means prescribed by this Act or by regulations or rules made under this Act

proper officer, in relation to any country other than New Zealand, means the person who is, by the law of that country, authorised or required—

(a)

to do or perform the act or duty to which reference is made in the provisions of this Act in which the expression occurs; or

(b)

to do or perform, in relation to ships registered in or belonging to that country, any act or duty of the same nature as the act or duty to which reference is made in the provisions of this Act in which the expression occurs;—

and includes a consular officer of New Zealand in any other country

reward,—

(a)

in the definition of the term employer and in the definition of the term seafarer, and in section 125(1), means any remuneration, recompense, or other payment for service (whether of money or money’s worth):

(b)

in the definition of pleasure craft,—

(i)

includes the payment (whether of money or money’s worth and whether directly or indirectly) of a contribution towards the expenses of a voyage—

(A)

to, or for the benefit of, the owner or master of a ship:

(B)

by or on behalf of persons carried, or the owners of cargo carried, on board the ship during the voyage; but

(ii)

does not include the payment of contributions for the use of a ship exclusively for recreational purposes by—

(A)

an owner of the ship; or

(B)

a member of a club, an incorporated society, or a trust that owns the ship

rules includes maritime rules and marine protection rules

safety equipment means any equipment carried on a ship for the health or safety of any person during the normal operation and working of the ship or for fire or the abandonment of the ship or other emergency; and includes anchors and chain cables

seafarer

(a)

means any person who—

(i)

is employed or engaged on any ship in any capacity for hire or reward; or

(ii)

works on any ship for gain or reward otherwise than under a contract of employment; but

(b)

does not include a pilot or any person temporarily employed on a ship while it is in port

seaplane includes a flying boat and any other aircraft designed to manoeuvre on the water

Secretary means the chief executive of the Ministry

serious harm means—

(a)

death; or

(b)

a notifiable injury or illness as defined in section 23 of the Health and Safety at Work Act 2015

ship means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes—

(a)

a barge, lighter, or other like vessel:

(b)

a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates:

(c)

a submarine or other submersible

system, in relation to a ship, means any system incorporated in the ship which contributes to the safe navigation and working of the ship during normal operation or is required in the event of any emergency

territorial sea of New Zealand or territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

tonnage measurement means measurement of a ship in accordance with the requirements of maritime rules

unit of account means 1 special drawing right as defined by the International Monetary Fund, the calculation of which, in New Zealand currency, is in accordance with section 88

voyage means a journey by water from one port—

(a)

to another port; or

(b)

back to the same port without calling at any other port

warship

(a)

means a ship belonging to the armed forces of a State and bearing the external marks distinguishing the nationality of ships of that State, being a ship—

(i)

under the command of an officer duly commissioned by the Government of that State whose name appears in the appropriate service list or its equivalent; and

(ii)

crewed by crew subject to regular armed forces discipline; and

(b)

includes any ship requisitioned under section 10 of the Defence Act 1990; but

(c)

does not include any ship operated by the New Zealand Defence Force that operates, for the time being, for a commercial purpose.

(2)

The Governor-General may from time to time, by Order in Council, declare—

(a)

that any specified international convention relating to maritime transport, to which New Zealand is a party, shall be a convention for the purposes of this Part and Parts 2 to 15, or such of them (or their provisions) as may be specified in the order:

(b)

that any specified amendment to any such convention shall form part of that convention for any such purposes.

Compare: 1952 No 49 s 2; 1987 No 184 s 2(1)

Section 2(1) all practicable steps: repealed, on 5 May 2003, by section 35(1)(b) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) Authority: substituted, on 1 July 2005, by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) demise charter: inserted, on 15 December 2005, by section 3 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 2(1) Director: amended, on 1 July 2005, by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) harbour: inserted, on 23 October 2013, by section 5(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) harbourmaster: inserted, on 23 October 2013, by section 5(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) internal waters of New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Section 2(1) Minister: substituted, on 1 December 2004, by section 3(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) Ministry: substituted, on 1 December 2004, by section 3(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) navigation bylaws: inserted, on 23 October 2013, by section 5(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) New Zealand-based operator: inserted, on 15 December 2005, by section 3 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 2(1) New Zealand national: inserted, on 15 December 2005, by section 3 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 2(1) owner paragraph (c): amended, on 23 October 2013, by section 5(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) pleasure craft: replaced, on 23 October 2013, by section 5(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) port: replaced, on 23 October 2013, by section 5(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) reward paragraph (b): replaced, on 23 October 2013, by section 5(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) Secretary: inserted, on 1 December 2004, by section 3(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) serious harm: replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 2(1) significant hazard: repealed, on 5 May 2003, by section 35(1)(b) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) territorial sea of New Zealand or territorial sea: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

3 Act to bind the Crown

Except as provided in section 4, this Act shall bind the Crown.

Compare: 1952 No 49 s 3; 1987 No 184 s 3

4 Application of this Act

(1)

Except as otherwise provided in this Act, or in any regulations or rules made under this Act, nothing in this Act, or any regulations or rules made under this Act, shall apply to—

(a)

warships of the New Zealand Defence Force; or

(b)

warships of any other State; or

(c)

aircraft of the New Zealand Defence Force; or

(d)

aircraft of the defence forces of any other State; or

(e)

any ship owned or operated by a State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes; or

(f)

the master or the crew of any ship referred to in paragraph (a) or paragraph (b) or paragraph (e); or

(g)

defence areas as defined in section 2 of the Defence Act 1990.

(2)

The provisions of sections 344 to 352, 361, and 368 shall apply to warships of the New Zealand Defence Force and, for the purposes of determining any liability under any of those provisions in respect of any act or omission involving such a warship, any provision of this Act, the Resource Management Act 1991, or any other enactment referred to in those provisions shall be deemed to apply to such warships.

(3)

Where it is alleged that the Crown has contravened a provision of this Act, or any rules or regulations made under this Act, and such contravention constitutes an offence,—

(a)

any person may apply to the High Court for a declaration that the Crown has contravened that provision; and

(b)

if satisfied beyond reasonable doubt that the Crown has contravened that provision, the court may make a declaration to that effect.

(4)

Except where the context otherwise requires, where this Act applies to ships, it applies to New Zealand ships wherever they may be.

Section 4(4): inserted, on 23 October 2013, by section 6 of the Maritime Transport Amendment Act 2013 (2013 No 84).

4A Application of Parts 3 and 5

Parts 3 and 5 apply, subject to section 42, with all necessary modifications, to each ship that carries coastal cargo under section 198(1)(b) as if that ship were a New Zealand ship.

Section 4A: inserted, on 15 December 2005, by section 4 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

5 Objectives of Minister

The objectives of the Minister under this Act are—

(a)

to undertake the Minister’s functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and

(b)

to ensure that New Zealand’s obligations under the conventions are implemented.

Section 5: substituted, on 1 December 2004, by section 4 of the Maritime Transport Amendment Act 2004 (2004 No 98).

5A Functions of Minister

The functions of the Minister under this Act are—

(a)

to promote safety in maritime transport:

(b)

to promote protection of the marine environment:

(c)

to administer New Zealand’s participation in the conventions and any other international maritime or marine protection convention, agreement, or understanding to which the Government of New Zealand is a party:

(d)

to ensure New Zealand’s preparedness for, and ability to respond to, marine oil pollution spills:

(e)

to make maritime rules and marine protection rules under this Act.

Section 5A: inserted, on 1 December 2004, by section 4 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Part 2 Duties relating to health and safety on ships

[Repealed]

Part 2: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Duties of employers relating to health and safety of seafarers[Repealed]

Heading: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

6 Employers to ensure safety of seafarers
[Repealed]

Section 6: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Duties of employers in relation to hazards[Repealed]

Heading: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

7 Identification of hazards to seafarers
[Repealed]

Section 7: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

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

Section 8: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

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

Section 9: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

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

Section 10: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Duties of employers in relation to information[Repealed]

Heading: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

11 Employees to be given results of monitoring
[Repealed]

Section 11: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

12 Information for seafarers generally
[Repealed]

Section 12: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Duties of employers in relation to training and supervision[Repealed]

Heading: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

13 Training and supervision
[Repealed]

Section 13: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

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

Section 14: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Other duties[Repealed]

Heading: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

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

Section 15: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

16 Duties of seafarers
[Repealed]

Section 16: repealed, on 5 May 2003, by section 35(1)(c) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Part 3 Duties in relation to maritime activity

General duties

17 General requirements for participants in maritime system

(1)

Every person who does anything for which a maritime document is required (in the succeeding provisions of this section called a participant) shall ensure that the appropriate maritime documents and all the necessary qualifications and other documents are held by that person.

(2)

Every participant shall comply with this Act, regulations made under this Act, maritime rules, and the conditions attached to the relevant maritime documents.

(3)

Every participant shall ensure that the activities or functions for which the maritime document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

(4)

Every participant—

(a)

shall, if so required by maritime rules, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and

(b)

shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and

(c)

shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.

Compare: 1990 No 98 s 12; 1991 No 116 s 3

18 General requirements for persons other than participants

Every person, other than a participant (within the meaning of section 17), who—

(a)

operates any ship; or

(b)

is responsible for any maritime product; or

(c)

is otherwise engaged in any maritime activity—

shall comply with the relevant provisions of this Act and any relevant rules.

19 Duties of master

(1)

The master of a ship shall—

(a)

be responsible for the safe operation of the ship on a voyage, the safety and wellbeing of all passengers and crew, and the safety of cargo carried; and

(b)

have final authority to control the ship while in command and for the maintenance of discipline by all persons on board; and

(c)

be responsible for compliance with all relevant requirements of this Act and regulations and maritime rules made under this Act, except in an emergency when, in the interests of safety, immediate action in breach of this Act or of regulations or maritime rules made under this Act is necessary; and

(d)

where an emergency requires that in the interests of safety an action is necessary that breaches this Act, or regulations or maritime rules made under this Act, as soon as practicable, notify the Director of the action and the circumstances which necessitated it and, if requested by the Director, provide to the Director a written report in respect of the action.

(2)

For the purposes of subsection (1)(c), a breach of any prescribed requirement is permitted only if—

(a)

the emergency involves a danger to life or property; and

(b)

the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and

(c)

there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and

(d)

the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.

(3)

Nothing in subsection (1)(c) permits—

(a)

the breach of any prescribed requirement as to the seaworthiness of a ship; or

(b)

the operation of a ship by a person who does not hold the appropriate maritime document; or

(c)

the operation of a ship by a person who does not have authority to operate that ship.

(4)

Every master commits an offence and is liable on conviction to a fine not exceeding $5,000 who, without reasonable excuse, fails to comply with subsection (1)(d).

Compare: 1990 No 98 s 13

Section 19(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

20 Duty to report dismissals

(1)

The employer of any seafarer on a New Zealand ship shall report to the Director any dismissal from employment of a seafarer that is a dismissal related to violence, alcohol, the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975), or the misuse of prescription medicines (as defined in the Medicines Act 1981).

(2)

The Director shall not release the name of any person reported under subsection (1) unless the person’s name appears on a list maintained under section 52(4); and any release of such a name shall be made only to the extent provided for in section 52(4).

21 Pleasure craft departing for overseas

(1)

No master of a pleasure craft shall permit that pleasure craft to depart from any port in New Zealand for any place outside New Zealand unless—

(a)

the Director has been notified in writing of the proposed voyage and the full name of the person who is in command of the pleasure craft; and

(b)

the Director is satisfied that the pleasure craft and its safety equipment are adequate for the voyage; and

(c)

the Director is satisfied that the pleasure craft is adequately crewed for the voyage; and

(d)

the pleasure craft and the master comply with any relevant maritime rules.

(2)

No pleasure craft shall be entitled to a certificate of clearance to depart from any port in New Zealand under the Customs and Excise Act 1996 unless subsection (1) has been satisfied.

Compare: 1952 No 49 s 308; 1987 No 184 s 14

Section 21(2): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Duties in relation to crewing

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

(1)

Every employer of a seafarer on any New Zealand ship, other than a pleasure craft, going on an overseas voyage shall,—

(a)

prior to the departure of the ship,—

(i)

enter into articles of agreement, in a form approved by the Director as meeting the requirements of the relevant convention and subsection (2), with every seafarer (except the master), in relation to the voyage; and

(ii)

post the articles of agreement up in a place on the ship easily accessible from the seafarer’s quarters; and

(b)

ensure that any termination of a period of employment of a seafarer is by notice in writing; and

(c)

make provision on termination of the voyage, or where the seafarer has been left behind by the ship by reason of—

(i)

injury sustained during his or her employment on the ship; or

(ii)

shipwreck; or

(iii)

illness, which is not due to the seafarer’s own wilful act or default; or

(iv)

discharge for any cause for which the seafarer cannot be held responsible,—

to return each seafarer to his or her own country, or to the port where that seafarer was employed, or to the port where the voyage commenced, or to such other place (if any) as may be agreed between the employer and the seafarer; and an employer of a seafarer shall be deemed to have made adequate provision under this paragraph if the seafarer has been provided with suitable employment on board a vessel proceeding to one of the foregoing destinations; and

(d)

provide to the seafarer, if requested by the seafarer, a certificate as to the quality of the seafarer’s work and whether the seafarer has fully discharged his or her obligations under any articles of agreement with the employer.

(2)

The articles of agreement shall include a statement that the agreement shall be terminated by—

(a)

mutual consent of the employer and the seafarer; or

(b)

death of the seafarer; or

(c)

loss or total unseaworthiness of the ship.

(3)

A seafarer on a New Zealand ship may recover from the seafarer’s employer, or any agent of the employer, the reasonable expenses incurred by the seafarer in returning to his or her own country, or to the port where the crew member was employed, if the employer of that seafarer does not comply with the employer’s obligations under subsection (1)(c).

(4)

For the purposes of this section,—

overseas voyage means a voyage to a port outside New Zealand

reasonable expenses means all reasonable transportation charges, accommodation, and food expenses, in respect of the period commencing when the seafarer was left behind and ending with the end of the return journey; and includes maintenance in respect of the period commencing when the seafarer was left behind and ending with the time fixed for the seafarer’s return journey departure.

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

(1)

Every employer of seafarers on a New Zealand ship shall—

(a)

provide food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality, and variety; and

(b)

ensure that any seafarer requiring medical attention while overseas receives all necessary medical attention at the employer’s expense; and

(c)

in the event of the loss or foundering of the ship, pay to every seafarer wages at the normal rate until—

(i)

the seafarer is otherwise employed; or

(ii)

the expiry of 2 months from the date of the loss or foundering,—

whichever first occurs; and

(d)

maintain a record (in a form prescribed or in a form approved by the Director) of the employment on board a New Zealand ship of every seafarer employed on that ship by that employer and provide to a seafarer, if requested by that seafarer, a copy of the record applying to that seafarer.

(2)

Any wages payable under subsection (1) shall be recoverable in the same manner as wages earned by the seafarer during his or her normal employment.

24 Inspection of provisions

Without limiting section 54, the Director shall, upon receipt of a written complaint from not less than half the crew of a New Zealand ship, carry out such inspections and audits under that section as he or she considers appropriate to ascertain compliance with section 23(1)(a).

25 Body and effects of deceased seafarer

(1)

Subject to subsection (2), every employer of seafarers on a New Zealand ship shall make suitable arrangements for the body and effects of any seafarer who dies in the course of a voyage, which may include the return of the body to the deceased’s next of kin or the burial or cremation of that body.

(2)

The employer shall endeavour to ascertain the reasonable wishes of the deceased’s next of kin and shall, where practicable, comply with those wishes.

(3)

For the purpose of this section, a person’s next of kin may include that person’s civil union partner or de facto partner.

Compare: 1952 No 49 s 106(2)

Section 25(3): added, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

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

(1)

Every employer of seafarers on a New Zealand ship shall keep a register of all persons under the age of 18 years who are employed on that ship and the register shall include the date of birth of each such person.

(2)

No person shall employ on any New Zealand ship—

(a)

any person of an age that requires that person to be enrolled at a school; or

(b)

any person under the age of 18 years as a trimmer or stoker.

(3)

Notwithstanding subsection (2), where an employer has not been able, after taking all reasonable steps, to obtain a person over 18 years of age as a trimmer or stoker in a port, the employer may employ on a New Zealand ship a person over the age of 16 years as a trimmer or stoker in that port, but in any such case 2 persons over the age of 16 years shall be employed to do the work which would otherwise have been performed by 1 person over the age of 18 years.

(4)

Nothing in subsection (2) applies to the employment of a person to carry out work on a training ship if the carrying out of such work by a person of that age is approved by the Director.

Compare: 1952 No 49 s 49(1), (2), (4)

27 Prohibition on receiving remuneration for placing seafarers in employment

(1)

No person shall carry on for pecuniary gain, directly or indirectly, any undertaking in relation to the finding of employment for seafarers (other than persons to be employed or engaged in fishing within the meaning of the Fisheries Act 1996 and masters) on any ship nor shall any person charge, directly or indirectly, any fees for finding employment for such seafarers on any ship.

(2)

Every person commits an offence and is liable on conviction to a fine not exceeding $200 who acts in contravention of subsection (1).

Compare: 1952 No 49 s 48

Section 27(1): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

Section 27(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Liens on ships by crew and masters

28 Members of crew not to contract out of rights

(1)

A member of the crew of a ship shall not by any agreement forfeit his or her lien on the ship, or be deprived of any remedy for the recovery of his or her wages, or abandon his or her right to wages in case of the loss of the ship, or abandon any right that he or she may have or obtain in the nature of salvage; and every stipulation in any agreement inconsistent with this subsection shall be void.

(2)

Nothing in this section shall apply to a stipulation made by a member of the crew of any ship with respect to the remuneration to be paid to that member of the crew for salvage services to be rendered by that ship if, according to the terms of the agreement, the ship is to be employed on salvage service.

Compare: 1952 No 49 s 91

29 Master to have same rights as members of crew

(1)

The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his or her wages as a member of the crew of the ship has under this Act or by any law or custom.

(2)

The master of a ship, and every person lawfully acting as master, shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements and liabilities properly made or incurred by the master on account of the ship as a master has for the recovery of his or her wages.

Compare: 1952 No 49 s 100(1), (2)

Duties in relation to accidents, incidents, etc

30 Recording and notification of accidents, incidents, and mishaps

Every employer of seafarers on a New Zealand ship shall maintain (in a form approved by the Director) a register of accidents, incidents, and mishaps; and shall record in the register particulars relating to—

(a)

every accident or incident; and

(b)

every mishap.

Compare: 1992 No 96 s 25(1)

31 Obligation to notify all accidents, incidents, etc

(1)

The master of—

(a)

any New Zealand ship; or

(b)

any foreign ship in New Zealand waters—

that is involved in a mishap that results in serious harm to a person, an accident, or an incident, shall notify the mishap, accident, or incident to the Authority as soon as practicable.

(2)

If, due to injuries or death or for other good reason, the master of a ship referred to in subsection (1) is unable to give the necessary notice under that subsection, the operator of the ship shall provide the necessary notice.

(3)

Every person who—

(a)

operates, maintains, or services, or does any other act in respect of any New Zealand ship, any foreign ship in New Zealand waters, or any maritime product; and

(b)

is involved in an accident, incident, or mishap resulting in serious harm, involving a New Zealand ship, or a foreign ship in New Zealand waters—

shall, where required to do so under maritime rules, notify the accident, incident, or mishap to the Authority as soon as practicable.

(4)

The co-ordinator of any search and rescue operation for any ship or person missing at sea shall notify the Authority of the operation as soon as practicable.

(5)

The Authority may, on being notified under this section, request such additional information in such form as it considers appropriate in each specific case, and the master or operator or person of whom the request is made shall provide the additional information forthwith.

Compare: 1990 No 98 s 26

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

(1)

The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall, so far as the master can do so without serious danger to the ship and persons on board,—

(a)

render assistance to any person found at sea in danger of being lost:

(b)

after a collision, render assistance to the other ship, its crew, and its passengers:

(c)

after a collision, inform the master of the other ship of the name of his or her own ship, its port of registry, and the nearest port at which it will call.

(2)

On receiving a signal that a ship, aircraft, or survival craft is in distress, the master of a ship referred to in subsection (1) shall—

(a)

proceed with all speed to the assistance of the persons in distress and, if possible, inform them of that fact; and

(b)

comply with any requisition to the master’s ship by the master of the ship in distress by continuing to proceed with all speed to the assistance of persons in distress.

(3)

Subsection (2)(a) does not apply if—

(a)

the master is unable, or, in the special circumstances of the case, considers it unreasonable or unnecessary, to proceed to the assistance of the persons in distress; or

(b)

the master is informed that 1 or more ships have been requisitioned and are complying with the requisition.

(4)

Neither paragraph (a) of subsection (2) nor, if the ship has been requisitioned, paragraph (b) of that subsection, shall apply if the master is informed by the persons in distress or by the master of another ship which has reached the persons that assistance is no longer necessary.

(5)

The master of a New Zealand ship that is required to carry a logbook shall enter in the logbook a record of every distress signal received and any reason for failing to go to the assistance of persons in distress in accordance with subsection (3)(a).

(6)

Every person commits an offence who fails to comply with this section and is liable on conviction to—

(a)

imprisonment to a term not exceeding 12 months; or

(b)

a fine not exceeding $100,000; or

(c)

both.

Compare: 1952 No 49 ss 289(1)(a), (c), 297; 1987 No 184 s 14

Section 32(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

33 Reporting of dangers to navigation

(1)

The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall report to ships in the vicinity, and the nearest radio communication station with which it is possible for the ship to communicate, any danger to navigation, including the failure or displacement of any navigational aid.

(2)

Every person commits an offence and is liable on conviction to a fine not exceeding $10,000 who fails, without reasonable excuse, to comply with this section.

Compare: 1952 No 49 s 294; 1987 No 184 s 14

Section 33(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Part 3A Local regulation of maritime activity

Part 3A: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33A Application of this Part

This Part applies to—

(a)

New Zealand waters; and

(b)

maritime-related activities anywhere in New Zealand.

Section 33A: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33B Interpretation

In this Part, unless the context otherwise requires,—

commercial port

(a)

means—

(i)

a port operated by a port company; or

(ii)

any other port that services commercial ships (whether or not it also services ships that are not commercial ships); and

(b)

includes the buildings, installations, other structures, or equipment on or adjacent to a port and used in connection with the port’s operation or administration

maritime-related activities means any activity (including the use of land, buildings, equipment, or other property) that affects or is likely to affect maritime safety

oil has the same meaning as in section 222(1)

owner, in relation to a wreck, includes a purchaser of the wreck, or the materials of which the wreck was composed, if the wreck remains derelict, in distress, sunk, separated, stranded, or abandoned

personal water craft means a power-driven ship that—

(a)

has a fully enclosed hull; and

(b)

does not take on water if capsized; and

(c)

is designed to be operated by a person standing, sitting astride, or kneeling on it, but not seated within it

port company means a port company within the meaning of section 2(1) of the Port Companies Act 1988

port operator

(a)

means any person who operates a commercial port; and

(b)

includes a port company

public authority means—

(a)

a Minister of the Crown:

(b)

a government department:

(c)

a statutory body:

(d)

a local authority:

(e)

an iwi authority

region has the meaning given to it in section 5(1) of the Local Government Act 2002

regional council

(a)

means a regional council within the meaning of section 5(1) of the Local Government Act 2002; and

(b)

includes any unitary authority within the meaning of section 5(1) of that Act

territorial authority has the meaning given to it in section 5(1) of the Local Government Act 2002

wreck includes—

(a)

a ship or an aircraft that is abandoned, stranded, or in distress, or any equipment, cargo, or other articles belonging to or separated from such a ship or aircraft:

(b)

shipping containers and property lost overboard or similarly separated from a ship other than cargo lost in the course of unloading or discharge from the ship while the ship is in a port:

(c)

a derelict ship.

Section 33B: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33C Functions of regional councils

For the purpose of ensuring maritime safety in their regions, regional councils may regulate—

(a)

the ports, harbours, and waters in their regions; and

(b)

maritime-related activities in their regions.

Section 33C: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Harbourmasters

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33D Regional councils to appoint harbourmasters

(1)

A regional council may appoint a harbourmaster for any port, harbour, or waters in its region.

(2)

Despite subsection (1), a regional council must appoint a harbourmaster for any port, harbour, or waters in its region if the Minister directs it to do so.

(3)

A direction under subsection (2) must be in writing.

(4)

If maritime rules do not prescribe qualifications for harbourmasters, the regional council must satisfy itself that a person appointed as harbourmaster is suitably qualified to perform the functions of harbourmaster in respect of the relevant port, harbour, or waters.

Compare: 1974 No 66 s 650B

Section 33D: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33E Functions of harbourmasters

A harbourmaster may exercise the powers and perform the duties conferred by this Act or any other enactment for the purpose of ensuring maritime safety in relation to the ports, harbours, or waters for which he or she has been appointed as a harbourmaster by the regional council.

Section 33E: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33F Harbourmasters’ general powers

(1)

For the purposes of ensuring maritime safety, or enforcing navigation bylaws or regulations and rules made under this Act relating to maritime safety, a harbourmaster may, in relation to the areas for which he or she has been appointed as a harbourmaster by the regional council,—

(a)

enter and remain on any ship in waters within the region:

(b)

enter and remain on any maritime facility, or on any land or property of a port company or a port operator, within the region:

(c)

give directions regarding—

(i)

the time and manner in which ships may enter into, depart from, lie in, or navigate waters within the region:

(ii)

the position, mooring, unmooring, placing, removing, securing, or unsecuring of ships:

(iii)

the manner in which ships may take in or discharge cargo:

(iv)

the manner in which cargo is secured or handled on a ship if there is a risk of cargo falling overboard or becoming a hazard to navigation:

(d)

direct the master of any ship to—

(i)

weigh anchor; or

(ii)

moor, unmoor, anchor, secure, unsecure, place, or move the ship:

(e)

cause a ship to be moored, unmoored, anchored, secured, unsecured, placed, or removed, or to weigh anchor:

(f)

cause any floating, submerged, or stranded object that the harbourmaster considers to be a hazard to navigation to be moored, unmoored, anchored, secured, unsecured, placed, or removed:

(g)

require any person appearing to be in charge of any ship or seaplane to stop, and to give his or her name and address:

(h)

require any person found committing an offence against this Act (or any regulations, rules, or navigation bylaws made under this Act) to give his or her name and address:

(i)

on informing the owner of a ship or seaplane of an alleged offence against this Act (or any regulations, rules, or navigation bylaws made under this Act) involving that ship or seaplane, require the owner to give all information in the owner’s possession or obtainable by the owner that may lead to the identification of the person (not being the owner) who it is alleged committed the offence:

(j)

regulate and control traffic and navigation on the occasion of unusual or extraordinary maritime traffic.

(2)

A harbourmaster may exercise the powers under subsection (1) with the assistance of any persons and equipment the harbourmaster reasonably considers necessary in the circumstances.

(3)

A harbourmaster exercising a power under subsection (1)(a) or (b) must—

(a)

announce his or her intention to enter and search the ship or place; and

(b)

identify himself or herself by name; and

(c)

produce evidence of his or her identity.

(4)

However, a harbourmaster is not required to comply with subsection (3) if he or she has reasonable grounds to believe that—

(a)

no person is lawfully present in the ship or place to be entered; or

(b)

compliance with subsection (3) would—

(i)

endanger the safety of any person; or

(ii)

prejudice the successful exercise of the power of entry.

(5)

The expenses incurred by a harbourmaster under subsection (1)(e) or (f) are—

(a)

payable by,—

(i)

in the case of subsection (1)(e), the master and the owner of the ship:

(ii)

in the case of subsection (1)(f), the owner of the object; and

(b)

recoverable as a debt owed to the council.

(6)

Every person who, without reasonable excuse, fails to comply with a direction or requirement given or imposed under subsection (1) commits an offence and is liable,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in any case, to an additional penalty under section 409.

(7)

Any person affected by a direction given under subsection (1)(c) may appeal against that direction to a District Court under section 424.

Compare: 1974 No 66 ss 650C, 650D, 650E, 650G; 2012 No 24 s 131(1), (2)

Section 33F: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Enforcement

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

For the purpose of ensuring maritime safety or enforcing navigation bylaws, and regulations and rules made under this Act relating to maritime safety,—

(a)

the regional council may appoint enforcement officers and honorary enforcement officers:

(b)

enforcement officers, and constables, may exercise the powers of a harbourmaster set out in section 33F(1)(a), (b), (g), (h), and (i):

(c)

enforcement officers, and constables, may exercise the powers set out in section 33F(1)(c) if authorised to do so by the regional council:

(d)

honorary enforcement officers may exercise the powers set out in section 33F(1)(g) and (h):

(e)

other persons authorised by the regional council may exercise the powers set out in section 33F(1)(g), (h), and (i).

Compare: 1974 No 66 ss 650C, 650D, 650E

Section 33G: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33H Powers of entry

For the purposes of carrying out his or her duties under this Part, a harbourmaster or enforcement officer is to be taken in sections 453 to 456 to be a person duly authorised by the Director in relation to any ship, building, or place within the region.

Section 33H: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Councils may carry out harbour works

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33I Councils may carry out harbour works

(1)

For the purpose of ensuring maritime safety,—

(a)

a regional council may—

(i)

erect, place, and maintain navigational aids in accordance with maritime rules (if any):

(ii)

remove obstructions and impediments to navigation:

(iii)

execute and maintain works that it considers likely to improve navigation:

(b)

a territorial authority may—

(i)

erect and maintain quays, docks, piers, wharves, jetties, and launching ramps:

(ii)

carry out other works for improving, protecting, managing, or utilising the waters within its district:

(iii)

carry out works to prevent the encroachment of waters within its district.

(2)

Works constructed by a regional council or territorial authority under this section are the property of the council or authority.

(3)

A regional council or territorial authority may not construct works, or levy tolls, on private land without the owner’s consent.

(4)

This section is subject to—

(b)

anything to the contrary in the Marine and Coastal Area (Takutai Moana) Act 2011.

Compare: 1974 No 66 s 650A; 1994 No 104 s 200

Section 33I: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Wrecks

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33J Removal of wrecks by regional council

(1)

A regional council may take steps in accordance with this section to remove and deal with any wreck within its region that is a hazard to navigation.

(2)

The regional council may—

(a)

require the owner of the wreck, or an agent of the owner, to remove the wreck within a time and in a manner satisfactory to the regional council:

(b)

destroy, dispose of, remove, take possession of, or sell a wreck (or any part of it) if—

(i)

the regional council has made reasonable efforts to find the owner or agent; and

(ii)

the owner or agent cannot be found or fails to remove the whole of the wreck within the time specified or in a manner satisfactory to the regional council.

(3)

The regional council may reimburse itself from the proceeds of any sale of the wreck for any actual expenses incurred in removing the wreck (but must pay any balance owing to the owner of the wreck).

(4)

The regional council may recover the expenses incurred in removing a wreck as a debt owed by the owner of the wreck in any court of competent jurisdiction.

Compare: 1974 No 66 s 650K

Section 33J: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33K Removal of wrecks by Director

(1)

This section applies to any wreck in a regional council’s region that is a hazard to navigation.

(2)

The Director may require the regional council to—

(a)

remove or deal with the wreck; or

(b)

cause the owner (of the wreck), or an agent of the owner, to remove the wreck.

(3)

If the regional council fails to remove or cause the owner, or an agent of the owner, to remove the wreck within 14 days of the Director requiring it to do so under subsection (2), the Director may take steps to remove the wreck, and for that purpose has all the powers of a regional council under section 33J.

Compare: 1974 No 66 s 650K(2)(f)

Section 33K: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33L Removal of abandoned ships

(1)

This section applies where any ship (including a ship that is anchored or moored)—

(a)

is in waters within the region of a regional council; and

(b)

appears to have been abandoned by its owner.

(2)

The regional council may remove, store, sell, or otherwise dispose of the ship in accordance with this section.

(3)

The regional council may remove and store the ship (pending sale or other disposal) if—

(a)

the council has notified the New Zealand Police of the proposal to remove the ship; and

(b)

more than 1 month has elapsed since the council affixed a notice to the ship advising the owner that the ship may be removed, and sold or otherwise disposed of, in accordance with this section.

(4)

The regional council must make reasonable efforts to—

(a)

identify the owner and the ship’s port of registry (if any) by reference to any of the following particulars if they are on or in the ship:

(i)

the ship’s name:

(ii)

any distinctive number or letters:

(iii)

the ship’s IMO ship identification number:

(iv)

the ship’s port of registry:

(v)

the ship’s registration certificate:

(vi)

any other certificate issued in respect of the ship in accordance with an international maritime convention:

(vii)

if the ship is moored, any mooring or berthing contracts; and

(b)

give notice to the owner of the ship of the council’s intention to sell or otherwise dispose of the ship.

(5)

The regional council must notify its intention to sell or otherwise dispose of the ship in 2 issues of a daily newspaper circulating in the region in which the ship is situated.

(6)

Any notice under this section must contain—

(a)

the name of the ship (if known); and

(b)

a reasonable description of the ship, including its length and any distinctive numbers or letters; and

(c)

the ship’s IMO ship identification number (if known); and

(d)

if applicable, the place from which the ship was removed under subsection (3); and

(e)

if the ship is currently registered under the Ship Registration Act 1992, the name of the owner.

(7)

If, after a search of the relevant ship register, the ship is found to be subject to a security interest, the regional council must, before selling or otherwise disposing of the ship, notify the holder of that interest of its intention to sell or otherwise dispose of the ship.

(8)

The regional council may sell or otherwise dispose of a ship if—

(a)

it has complied with subsections (4) to (7); and

(b)

more than 1 month has elapsed since the date of the second notice under subsection (5).

(9)

A person to whom a ship is sold or disposed of under subsection (8) becomes the lawful owner of the ship.

(10)

The regional council may reimburse itself from the proceeds of any sale under subsection (8) for any actual expenses incurred in removing, storing, and selling the ship (but must pay any balance owing to the owner of the ship).

(11)

If any ship is removed, sold, or otherwise disposed of, under this section, the owner must reimburse the regional council for any actual expenses incurred by the council in removing, storing, selling, or otherwise disposing of the ship, and, if the ship is claimed by the owner before it is sold or otherwise disposed of under this section, those expenses are payable before the owner takes delivery of the ship.

(12)

The regional council may recover any actual expenses incurred in removing, storing, selling, or otherwise disposing of a ship under this section as a debt owed by the owner in any court of competent jurisdiction.

(13)

This section is subject to sections 33J and 33K.

Compare: 1974 No 66 s 356

Section 33L: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Navigation bylaws

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33M Navigation bylaws

(1)

For the purpose of ensuring maritime safety in its region, a regional council may, in consultation with the Director, make bylaws to—

(a)

regulate and control the use or management of ships:

(b)

regulate the placing and maintenance of moorings and maritime facilities:

(c)

prevent nuisances arising from the use of ships and seaplanes:

(d)

prevent nuisances arising from the actions of persons and things on or in the water:

(e)

reserve the use of any waters for specified persons, ships, or seaplanes:

(f)

in relation to boat races, swimming races, or similar events,—

(i)

prohibit or regulate the use of ships:

(ii)

regulate, or authorise the organisers of an event to regulate, the admission of persons to specified areas:

(g)

regulate and control the use of anchorages:

(h)

prescribe ship traffic separation and management schemes:

(i)

specify requirements for the carriage and use of personal flotation devices and buoyancy aids on pleasure craft:

(j)

require the marking and identification of personal water craft.

(2)

Navigation bylaws made under subsection (1) may not—

(a)

limit or affect the ability of a port company or an operator of a commercial port to manage its operations within areas owned or controlled by it, except to the extent the regional council considers necessary in the interests of maritime safety:

(b)

impose any charge in respect of the regional council’s responsibilities in relation to oil pollution:

(c)

impose licensing requirements in respect of any aspect of commercial shipping operations that is subject to any requirement contained in any maritime rule:

(3)

Navigation bylaws may specify the boundaries of any port, harbour, or waters to which the bylaws relate.

Compare: 1974 No 66 ss 684B, 684C, 684D, 684E, 684F

Section 33M: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33N Offences relating to navigation bylaws

(1)

Every person who breaches a navigation bylaw commits an offence against this Act punishable on conviction.

(2)

The Governor-General may, by Order in Council, make regulations prescribing a fine not exceeding $2,500 for any offence under subsection (1).

(3)

Every person who commits an offence under subsection (1) for which no penalty is provided for under subsection (2) is liable to a fine not exceeding $500.

(4)

Despite section 25 of the Criminal Procedure Act 2011, a charging document for an offence against subsection (1) may be filed within 12 months of the time when the matter to which the charging document relates arose.

Compare: 1974 No 66 ss 683, 698, 699

Section 33N: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33O Infringement offences relating to navigation bylaws

(1)

The Governor-General may, by Order in Council, make regulations—

(a)

specifying which breaches of navigation bylaws are infringement offences:

(b)

prescribing an infringement fee, not exceeding $1,000, for any infringement offence specified under paragraph (a):

(c)

prescribing the form of infringement notices for infringement offences.

(2)

A person who is alleged to have committed an infringement offence may be—

(a)

proceeded against for the offence under the Summary Proceedings Act 1957; or

(b)

served with an infringement notice.

Compare: 1974 No 66 ss 699A, 699B

Section 33O: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33P Infringement notices

(1)

A harbourmaster, an enforcement officer, or a constable may serve an infringement notice on any person that he or she—

(a)

observes committing an infringement offence; or

(b)

has reasonable cause to believe—

(i)

is committing an infringement offence; or

(ii)

has committed an infringement offence.

(2)

An infringement notice—

(a)

is served if the notice or a copy of it is delivered personally to the person alleged to have committed the offence:

(b)

is to be treated as served for the purposes of the Summary Proceedings Act 1957 if the notice or a copy of it has been posted to the last known place of residence or business of the person alleged to have committed the offence.

(3)

Every infringement notice must be in the prescribed form and must contain the following:

(a)

such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and

(b)

the amount of the infringement fee specified for that offence; and

(c)

the address of the place at which the infringement fee may be paid; and

(d)

the time within which the infringement fee must be paid; and

(e)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

(f)

a statement that the person served with the notice has a right to request a hearing; and

(g)

a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and

(h)

any other prescribed particulars.

(4)

If an infringement notice has been issued under this section, proceedings may be commenced in respect of the offence to which the notice relates in accordance with section 21 of the Summary Proceedings Act 1957, and the provisions of that section apply with all necessary modifications.

Compare: 1974 No 66 s 699C

Section 33P: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33Q Entitlement to infringement fees

A regional council is entitled to retain all infringement fees received by it in respect of infringement offences under section 33O if the infringement notice was issued by a harbourmaster or an enforcement officer of that council.

Compare: 1974 No 66 s 699D

Section 33Q: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Fees and charges

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33R Fees and charges

(1)

A regional council may, in accordance with section 150(3) to (6) of the Local Government Act 2002, prescribe fees and charges—

(a)

in respect of any land, building, equipment, or other property that is owned by the council and operated for maritime-related purposes; or

(b)

for any function, duty, power, or service performed, exercised, or provided by the council in respect of any ship, maritime facility, offshore installation, pipeline, oil transfer site, navigational aid, or marine farm; or

(c)

for any maritime-related activities the council undertakes; or

(d)

in respect of navigation generally.

(2)

The regional council may fix such fees and charges on any differential basis (for example, on the size of a ship, or on the basis of the nature, the location, and use of a facility).

Compare: 1974 No 66 s 684B

Section 33R: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Port operations

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33S Responsibilities of port operators for maritime safety

Port operators must not operate, maintain, or service a port, or cause or permit a port to be operated, maintained, or serviced, in a manner that causes unnecessary danger or risk to—

(a)

any ship; or

(b)

any person or property that is on a ship or at sea.

Section 33S: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33T Inspections and audits of port operations

(1)

The Director may require that any port company, port operator, or other person who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, undergo or carry out inspections and audits that the Director considers necessary in the interests of ensuring maritime safety or preventing marine pollution.

(2)

The Director may require that person to—

(a)

provide any information the Director considers relevant to the inspection or audit:

(b)

demonstrate his or her familiarity, or the familiarity of port personnel, with procedures essential for ensuring maritime safety or preventing marine pollution:

(c)

demonstrate that any operational, maintenance, or servicing procedure that may affect maritime safety or the marine environment is capable of being carried out in a competent manner.

(3)

Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under this section.

(4)

A person who commits an offence against subsection (3) is liable,—

(a)

in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:

(b)

in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:

(c)

in any case, to an additional penalty under section 409.

Compare: 1994 No 104 ss 54, 70

Section 33T: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

The Director may prohibit or impose conditions on the use or operation of any commercial port if the Director reasonably believes that—

(a)

the operation or use of that port, or any activity or operational, maintenance, or servicing procedure at that port, is likely to cause, has caused, or is likely to have caused an accident:

(b)

port personnel are not familiar with procedures essential for ensuring maritime safety or preventing marine pollution:

(c)

conditions previously imposed under this subsection are not being met.

(2)

A prohibition or condition imposed under subsection (1) may be maintained only for so long as is necessary in the interests of—

(a)

ensuring maritime safety:

(b)

protecting the health or safety of any person on a ship or at sea:

(c)

preventing marine pollution.

(3)

Despite subsection (2), any document, information, or object that is required for evidence in any prosecution under this Act may be retained by the Director for any period that the Director considers necessary for that purpose.

(4)

The Director must—

(a)

notify the prohibitions or conditions made under this section to the persons he or she considers necessary in the manner the Director considers appropriate in the circumstances:

(b)

provide the owner or the person for the time being in charge of the port with the reasons, in writing, for the prohibition or conditions.

(5)

A person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.

(6)

Every person who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition imposed under this section commits an offence and is liable,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

Compare: 1994 No 104 s 55

Section 33U: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33V Dangerous activity at commercial port

(1)

Every person commits an offence who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.

(2)

Every person commits an offence who causes or permits a commercial port to be operated, maintained, or serviced, or who causes or permits any other act to be done in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.

(3)

Every person commits an offence who fails to comply with a requirement of this Act in respect of a commercial port and that failure causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.

(4)

Every person commits an offence who omits to act, or who causes or permits another person to omit to act, in respect of a commercial port, knowing or being reckless as to whether danger or risk is caused to any ship or any person or property on a ship or at sea, and the omission causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea.

(5)

Every person who commits an offence against this section is liable,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in either case, to an additional penalty under section 409.

Compare: 1994 No 104 s 65

Section 33V: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Miscellaneous

Heading: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33W Crown harbours and facilities

(1)

This section applies to waters (including inland waters), maritime facilities, and maritime works that are—

(a)

owned or operated by the Crown; and

(b)

not subject to the jurisdiction of a local authority.

(2)

The Crown may—

(a)

regulate, lease, and charge for the use of maritime facilities and maritime works:

(b)

exercise maritime safety control over any area:

(c)

do any other thing that a regional council or other local authority may do under this Part.

(3)

For the purposes of this section, the responsible Minister is,—

(a)

in the case of facilities or works under the control or management of the Department of Conservation, the Minister of Conservation:

(b)

in the case of waters, facilities, or works under the control or management of the New Zealand Defence Force, the Minister of Defence:

(c)

in any other case, the Minister of Local Government.

(4)

The responsible Minister may, in consultation with the Director, make bylaws in accordance with section 33M.

(5)

The Governor-General may, by Order in Council, make regulations relating to the use of the waters, maritime facilities, and maritime works to which this section applies that—

(a)

provide for leasing, or charging for the use of, maritime facilities and maritime works:

(b)

facilitate proof of any document or matter:

(c)

extend periods of time and cure irregularities:

(d)

prescribe forms and fees:

(e)

prescribe fines not exceeding $500 for breaches of the regulations:

(f)

in the case of continuing offences, prescribe further fines not exceeding $50 for every day that the offence continues:

(g)

provide for such other matters as are contemplated by or necessary for giving full effect to the provisions of this section.

(6)

In this section, maritime facilities includes—

(a)

moorings, wharves, docks, quays, marinas, areas, or other places where ships are maintained; and

(b)

launching ramps; and

(c)

other launching facilities.

Compare: 1974 No 66 s 650I

Section 33W: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

33X Delegation or transfer of council’s responsibilities

(1)

A regional council may transfer to a council-controlled organisation or a port operator any of its responsibilities under this Part except—

(a)

the power to transfer responsibilities under this section; and

(b)

the power to appoint harbourmasters; and

(c)

the power to make bylaws.

(2)

A regional council may transfer any of its responsibilities under this Part to another public authority except the power to transfer responsibilities under this section.

(3)

A public authority may delegate any of the responsibilities transferred to it under subsection (2) to a port operator except any power to make bylaws.

(4)

Section 17(3) to (6) of the Local Government Act 2002 apply to transfers of responsibilities under this section to another regional council or territorial authority.

(5)

In this section, council-controlled organisation has the meaning given to it in section 6 of the Local Government Act 2002.

Compare: 1974 No 66 s 650J; 2002 No 84 s 161

Section 33X: inserted, on 23 October 2013, by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Part 4 Further regulation of maritime activity

Maritime rules

34 Maritime rules relating to maritime documents

(1)

Maritime rules made under this Part may require that a maritime document be held by or in respect of all or any of the following:

(a)

New Zealand ships:

(b)

all ships (including foreign ships) operating in New Zealand waters:

(c)

the owners and operators of, and seafarers on, New Zealand ships or foreign ships operating in New Zealand waters:

(d)

persons or organisations having a direct involvement in ship operations or ship or maritime product safety services:

(e)

maritime products used on, by, or in relation to New Zealand ships or foreign ships operating in New Zealand waters:

(f)

persons or organisations that provide—

(i)

maritime training; or

(ii)

the testing, inspecting, audit, or certification of ships or maritime products; or

(iii)

the design, manufacture, or maintenance of ships or maritime products:

(g)

shipping operations and management:

(h)

shipping containers:

(i)

navigational aid installations:

(j)

such other persons, ships, maritime products, maritime-related services, facilities, and equipment as may be operated or engaged or used in New Zealand waters or in support of the maritime system.

(2)

The requirements, standards, and application procedure for each maritime document, and the maximum period for which each document may be issued or recognised, as the case may be, shall be prescribed by maritime rules.

(3)

Subject to any maritime rules, a maritime document may be issued or a document may be recognised as a maritime document, as the case may be, by the Director for such period and subject to such conditions as the Director considers appropriate in each particular case.

(4)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.

Compare: 1990 No 98 s 7

Section 34(1)(b): amended, on 9 June 1999, by section 3(a) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 34(1)(j): amended, on 23 October 2013, by section 8 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 34(1)(j): amended, on 9 June 1999, by section 3(b) of the Maritime Transport Amendment Act 1999 (1999 No 68).

35 Application for maritime document

(1)

Every application for the grant or renewal of a maritime document or the recognition of a document as a maritime document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.

(2)

Every applicant for a maritime document shall include in his or her application his or her address for service in New Zealand including, where applicable, telephone and facsimile numbers.

(3)

It shall be the duty of every holder of a maritime document to maintain the currency of the information provided under subsection (2) by promptly notifying the Director of any changes to the address, telephone number, or facsimile number.

(4)

The Director shall ensure that a record of all information provided under this section is maintained at the Maritime Registry.

(5)

Service of any notification under this Act on a holder of, or an applicant for, a maritime document shall be effective service if served at the address last provided by that holder or applicant under this section.

Compare: 1990 No 98 s 8; 1992 No 75 s 5

36 Maritime rules relating to other matters

(1)

The Minister may from time to time make maritime rules for all or any of the following purposes:

(a)

classifying ships as to type, nature of service, operating limits, or otherwise:

(b)

the implementation of technical standards, codes of practice, performance standards, and other requirements of the conventions:

(c)

prescribing standards and requirements for the design and construction of, or major alteration to, any ship:

(d)

prescribing standards and requirements for the accommodation of seafarers or passengers on any commercial ship:

(e)

prescribing the provision of medical supplies and facilities on any ship, their stowage, maintenance, and periodic inspection, and requiring medical officers on ships:

(f)

prescribing the requirements for the maintenance and periodic inspection or testing of the hull, machinery, and systems of any ship, safety equipment, or any maritime products of any ship:

(g)

prescribing safe navigational and maritime operational and emergency procedures, including such procedures for any seaplane, and any training requirements in respect of such procedures:

(h)

prescribing operational and emergency procedures for the assistance of persons in distress at sea and in respect of collisions:

(i)

defining operating limits and pilotage limits; and specifying requirements concerning pilotage (including when and where pilotage is required or is not required, and the classes of ships that must carry a pilot in circumstances described in the rules):

(j)

prescribing standards and requirements for the safe management of commercial shipping operations:

(k)

requiring the recording and retention of operational information and prescribing the details of any reporting that is required by this Act:

(l)

prescribing criteria for determining the maximum number of passengers or persons that may be carried on any ship and for assigning and marking load lines on any ship:

(m)

prescribing standards and requirements for the carriage on a ship of any cargo, container, or personal property (including any item brought on to the ship by a passenger or other person, or carried in or on a vehicle on the ship); and prescribing standards and requirements concerning containers carried on a ship:

(n)

prescribing the minimum number of seafarers to be employed on any commercial ship, their qualifications, and experience:

(o)

prescribing standards, specifications, qualifications, restrictions, and licensing requirements for persons engaged in maritime activities, including any medical requirements and requirements relating to the keeping of records of qualifications, restrictions, and licences:

(p)

prescribing technical standards or requirements relating to the health and safety of seafarers:

(q)

prescribing the format of maritime documents, forms, and applications:

(r)

prescribing the requirements and criteria for determining the tonnage measurement, length, and size of any ship:

(s)

prescribing the criteria and conditions under which foreign licences, permits, certificates, or other documents will be recognised by the Director under section 41:

(t)

prescribing standards and requirements for maritime products (including safety equipment), and prescribing the maritime products to be carried on any ship:

(ta)

prescribing standards and requirements for navigational aids:

(tb)

regulating the conduct of ships in New Zealand waters or the conduct of ships in any defined part of New Zealand waters, for the purpose of securing safe navigation in those waters:

(tc)

prescribing standards and requirements for port and harbour safety:

(td)

prescribing ship traffic separation and management schemes:

(u)

prescribing or providing for such matters as may be necessary—

(i)

to enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport:

(ii)

to implement such international practices or standards relating to maritime transport as may, from time to time, be recommended by the International Maritime Organisation:

(v)

assisting maritime safety and security, including (but not limited to) personal security:

(w)

assisting economic development:

(x)

improving access and mobility:

(y)

protecting and promoting public health:

(z)

ensuring environmental sustainability:

(za)

any matter related, or reasonably incidental, to any of the following:

(i)

the Minister’s objectives under section 5:

(ii)

the Minister’s functions under section 5A:

(iii)

the Authority’s objective under section 430:

(iv)

the Authority’s functions under section 431:

(v)

the Director’s functions under section 439:

(zb)

any other matter contemplated by a provision of this Act.

(2)

Without limiting anything in subsection (1), rules made under this section may apply to—

(a)

river rafts:

(b)

other manually powered water craft:

(c)

water craft solely powered by sail:

(d)

the operators, crew, and passengers of river rafts, other manually powered water craft, and water craft solely powered by sail.

Compare: 1990 No 98 s 28

Section 36(1)(i): substituted, on 9 June 1999, by section 4(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 36(1)(m): substituted, on 9 June 1999, by section 4(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 36(1)(t): substituted, on 9 June 1999, by section 4(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 36(1)(ta): inserted, on 9 June 1999, by section 4(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 36(1)(tb): inserted, on 9 June 1999, by section 4(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 36(1)(tc): inserted, on 23 October 2013, by section 9(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 36(1)(td): inserted, on 23 October 2013, by section 9(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 36(1)(v): substituted, on 1 December 2004, by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 36(1)(w): added, on 1 December 2004, by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 36(1)(x): added, on 1 December 2004, by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 36(1)(y): added, on 1 December 2004, by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 36(1)(z): added, on 1 December 2004, by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 36(1)(za): added, on 1 December 2004, by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 36(1)(zb): added, on 1 December 2004, by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 36(2): replaced, on 23 October 2013, by section 9(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

36A Power of Governor-General to make maritime rules

(1)

The Governor-General may, by Order in Council, on the recommendation of the Minister, make maritime rules for any purpose for which the Minister may make maritime rules under this Part.

(2)

An Order in Council made under subsection (1)—

(a)

is a regulation or an instrument for the purposes of the Regulations (Disallowance) Act 1989; but

(b)

is not a regulation or an instrument for the purposes of the Acts and Regulations Publication Act 1989.

(3)

To avoid doubt,—

(a)

the Governor-General may amend or revoke any maritime rule made by the Minister (as if the Governor-General had made the rule):

(b)

the Minister may amend or revoke any maritime rule made by the Governor-General (as if the Minister had made the rule).

Section 36A: inserted, on 23 October 2013, by section 10 of the Maritime Transport Amendment Act 2013 (2013 No 84).

37 Power of Director to make emergency maritime rules

(1)

The Director may from time to time make emergency maritime rules for any purpose for which the Minister may make maritime rules under this Part, if the Director considers that—

(a)

such rules are necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property; and

(b)

it is not practicable in the circumstances of the particular case for the Minister to make maritime rules to effectively alleviate or minimise the risk concerned.

(2)

The Minister may revoke any emergency maritime rule and the revocation shall be notified as if it were an emergency rule.

Compare: 1990 No 98 s 31

38 Contravention of emergency maritime rule

(1)

Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any emergency maritime rule made under section 37.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000:

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

Compare: 1990 No 98 s 53

Section 38(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Requirements in relation to maritime rules

39 Matters to be taken into account in making maritime rules

(1)

Maritime rules and emergency maritime rules shall not be inconsistent with international standards relating to maritime safety, and the health and welfare of seafarers, to the extent adopted by New Zealand.

(2)

In making any maritime rule, the Minister, the Governor-General, or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:

(a)

the recommended international practices relating to maritime safety and to the health and welfare of seafarers:

(b)

the level of risk existing to maritime safety in each proposed activity or service:

(c)

the nature of the particular activity or service for which the rule is being established:

(d)

the level of risk existing to maritime safety in New Zealand in general:

(e)

the need to maintain and improve maritime safety and security, including (but not limited to) personal security:

(f)

whether the proposed rule—

(i)

assists economic development:

(ii)

improves access and mobility:

(iii)

promotes and protects public health:

(iv)

ensures environmental sustainability:

(fa)

the costs of implementing measures for which the rule is being proposed:

(g)

the international circumstances in respect of maritime safety:

(h)

such other matters as the Minister, the Governor-General, or the Director, as the case may be, considers appropriate in the circumstances.

Compare: 1990 No 98 s 33

Section 39(1): amended, on 23 October 2013, by section 11(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 39(2): amended, on 23 October 2013, by section 11(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 39(2)(e): substituted, on 1 December 2004, by section 6 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 39(2)(f): substituted, on 1 December 2004, by section 6 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 39(2)(fa): inserted, on 1 December 2004, by section 6 of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 39(2)(h): amended, on 23 October 2013, by section 11(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

40 Further provisions relating to rules

The provisions of sections 446 to 452 apply in relation to rules made under this Part.

Part 4A Regulation of alcohol consumption by seafarers

Part 4A: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40A Interpretation

In this Part, unless the context otherwise requires,—

accompany, in relation to the accompanying of an enforcement officer to a place, includes remaining with an enforcement officer at a place, whether or not a journey is involved

approved analyst means—

(a)

a person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or

(b)

a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case

approved laboratory means a laboratory approved by the Science Minister, by notice in the Gazette, for the purposes of analysing blood specimens taken for the purposes of this Part or Part 6 of the Land Transport Act 1998

blood specimen has the same meaning as in section 2(1) of the Land Transport Act 1998

blood specimen collecting instrument has the same meaning as in section 2(1) of the Land Transport Act 1998

blood specimen collecting kit has the same meaning as in section 2(1) of the Land Transport Act 1998

blood specimen collecting procedure has the same meaning as in section 2(1) of the Land Transport Act 1998

blood test means the analysis of a blood specimen

blood test fee has the same meaning as in section 2(1) of the Land Transport Act 1998

breath screening device has the same meaning as in section 2(1) of the Land Transport Act 1998

breath screening test has the same meaning as in section 2(1) of the Land Transport Act 1998

Commissioner means the Commissioner of Police

court means a District Court

designated safety, security, or marine environmental duties means, in relation to a ship, the duties identified as safety, security, or marine environmental duties in any of the following documents:

(a)

a document outlining the safety management system of the ship:

(b)

a document outlining the shipboard procedures for the ship:

(c)

the employment contract for an individual seafarer

doctor’s surgery means a medical practitioner’s surgery or any other place where a medical examination or medical care or treatment is carried out or given, including (but not limited to) a place on board a ship

enforcement officer means—

(a)

a constable:

(b)

a Police employee (other than a constable) who is authorised for the purpose by the Commissioner

evidential breath test has the same meaning as in section 2(1) of the Land Transport Act 1998

evidential breath-testing device has the same meaning as in section 2(1) of the Land Transport Act 1998

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006

medical expenses means the expenses incurred by a medical practitioner or medical officer in taking a blood specimen

medical officer means—

(a)

a person acting in a hospital and who, in the normal course of the person’s duties, takes blood specimens; or

(b)

a nurse; or

(c)

a medical laboratory technologist

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

passive breath-testing device has the same meaning as in section 2(1) of the Land Transport Act 1998

positive, in relation to an evidential breath test, means an evidential breath test that indicates that the proportion of alcohol in the breath of the seafarer who underwent the test exceeds 250 micrograms of alcohol per litre of breath

private analyst has the same meaning as in section 2(1) of the Land Transport Act 1998

Science Minister has the same meaning as in section 2(1) of the Land Transport Act 1998

seafarer means a master, an officer, a member of the watch personnel, or a crew member of a vessel, who is subject to the STCW Convention

STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers done at London on 7 July 1978 (as amended on 7 July 1995 and 25 June 2010).

Section 40A: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40B Seafarers not to exceed specified alcohol limits

A seafarer may not perform, or attempt to perform, designated safety, security, or marine environmental duties on a ship while—

(a)

the proportion of alcohol in the seafarer’s breath, as ascertained by an evidential breath test subsequently undergone by the seafarer under section 40I, exceeds 250 micrograms of alcohol per litre of breath; or

(b)

the proportion of alcohol in the seafarer’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the seafarer under section 40L or 40M, exceeds 50 milligrams of alcohol per 100 millilitres of blood.

Compare: 1998 No 110 s 11

Section 40B: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40C Contravention of specified breath or blood-alcohol limit

(1)

A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s breath, as ascertained by an evidential breath test subsequently undergone by the seafarer under section 40I, exceeds 250 micrograms of alcohol per litre of breath.

(2)

A seafarer commits an offence if the seafarer performs, or attempts to perform, designated safety, security, or marine environmental duties while the proportion of alcohol in the seafarer’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the seafarer under section 40L or 40M, exceeds 50 milligrams of alcohol per 100 millilitres of blood.

(3)

If a seafarer is convicted of an offence against subsection (1) or (2), the maximum penalty is imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000.

Compare: 1998 No 110 s 56

Section 40C: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

A seafarer commits an offence if the seafarer—

(a)

fails or refuses to remain at the place where the seafarer underwent a breath screening test under section 40H until after the result of the test is ascertained; or

(b)

fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 40I or 40L; or

(c)

having accompanied an enforcement officer to a place under a requirement under section 40I or 40L,—

(i)

fails or refuses to remain at that place until the seafarer is required to undergo an evidential breath test or a blood test; or

(ii)

fails or refuses to accompany an enforcement officer to another place under any of those sections; or

(d)

having undergone an evidential breath test under a requirement under section 40I, fails or refuses to remain at the place where the seafarer underwent the test until after the result of the test is ascertained.

(2)

If a seafarer is convicted of an offence against subsection (1), the maximum penalty is a term of imprisonment not exceeding 12 months or a fine not exceeding $10,000.

Compare: 1998 No 110 s 59

Section 40D: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

A seafarer commits an offence if the seafarer—

(a)

fails or refuses to permit a blood specimen to be taken after having been required to do so under section 40L by an enforcement officer; or

(b)

fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 40L by a medical practitioner or medical officer; or

(c)

is a person from whom a medical practitioner or medical officer may take a blood specimen under section 40M and refuses or fails to permit a medical practitioner or medical officer to take a blood specimen.

(2)

If a seafarer is convicted of an offence against subsection (1), the maximum penalty is imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000.

Compare: 1998 No 110 s 60

Section 40E: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40F Defences

(1)

It is a defence to proceedings for an offence against section 40E if the court is satisfied, on the evidence of a medical practitioner, that the taking of a blood specimen from the defendant would have been prejudicial to the defendant’s health.

(2)

It is no defence to proceedings for an offence against this Part that a provision forming part of sections 40H to 40P and 40R has not been strictly complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as apply.

(3)

It is no defence to proceedings for an offence against section 40E that—

(a)

there was or may have been an error in the result of the breath screening test or evidential breath test; or

(b)

the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

(4)

It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant’s breath that—

(a)

there was or may have been an error in the result of the breath screening test or evidential breath test; or

(b)

the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.

(5)

It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant’s blood that—

(a)

there was or may have been an error in the result of the breath screening test or evidential breath test; or

(b)

the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.

Compare: 1998 No 110 s 64

Section 40F: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40G Blood test fee

(1)

A seafarer who, having undergone a blood test, is convicted of an offence against section 40C(2) is liable to pay the blood test fee that applied on the day on which the offence was committed and any associated medical expenses; and the blood test fee and any associated medical expenses are deemed to be a fine imposed on the conviction of the seafarer for the offence.

(2)

The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen.

Compare: 1998 No 110 s 67

Section 40G: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40H Who must undergo breath screening test

(1)

An enforcement officer may require a seafarer to undergo a breath screening test without delay if—

(a)

the officer has good cause to suspect that the seafarer has recently committed an offence against section 40C; or

(b)

a safety, security, or marine environmental incident involving the use of the ship has occurred while the seafarer was performing designated safety, security, or marine environmental duties and the officer has good cause to suspect that alcohol was a contributing factor.

(2)

An enforcement officer may not require a seafarer who is in a hospital or doctor’s surgery as a result of a safety, security, or marine environmental incident involving the use of a ship to undergo a breath screening test.

(3)

A seafarer who has undergone a breath screening test under this section must remain at the place where the seafarer underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the seafarer without warrant if the seafarer refuses or fails to remain at that place.

(4)

If an enforcement officer may require a seafarer to undergo a breath screening test, the enforcement officer may also require that seafarer to undergo a test using a passive breath-testing device by holding a passive breath-testing device near the seafarer’s mouth for the purpose of ascertaining whether or not there is any alcohol in the seafarer’s breath.

(5)

The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test.

Compare: 1998 No 110 s 68

Section 40H: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40I Who must undergo evidential breath test

(1)

An enforcement officer may require a seafarer to accompany an enforcement officer to a place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both) when required to do so by the officer if—

(a)

the seafarer has undergone a breath screening test under section 40H and it appears to the officer that the proportion of alcohol in the breath of the seafarer who underwent the test exceeds 250 micrograms of alcohol per litre of breath; or

(b)

the seafarer fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 40H; or

(c)

the officer has good cause to suspect that the seafarer has consumed alcohol and the seafarer could be required to undergo a breath screening test without delay under section 40H but the seafarer cannot be tested because—

(i)

a breath screening device is not readily available; or

(ii)

a breath screening test cannot, for any reason, be carried out then.

(2)

If it is not practicable for a seafarer to undergo an evidential breath test at a place to which the seafarer has accompanied an enforcement officer under subsection (1), an enforcement officer may require the seafarer to accompany the officer to any other place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both).

(3)

An enforcement officer may require a seafarer to accompany the officer to a place under subsection (1) if—

(a)

it is likely that the seafarer can undergo an evidential breath test at that place, whether or not it is likely that the seafarer can undergo a blood test at that place; or

(b)

it is likely that the seafarer can undergo a blood test at that place, whether or not it is likely that the seafarer can undergo an evidential breath test at that place.

(4)

An enforcement officer may require a seafarer to undergo without delay at that place an evidential breath test (whether or not the seafarer has already undergone a breath screening test) if the seafarer—

(a)

has accompanied the enforcement officer; or

(b)

has been arrested under subsection (6) and taken to or detained at a place.

(5)

A seafarer must—

(a)

accompany the officer to a place when required to do so under this section:

(b)

if the seafarer has accompanied an enforcement officer to a place under this section, remain at that place until the seafarer is required either to undergo an evidential breath test or a blood test under this Part, or to accompany an enforcement officer to another place under this section:

(c)

if the seafarer has undergone an evidential breath test under this section, remain at the place where the seafarer underwent the test until after the result of the test is ascertained.

(6)

An enforcement officer may arrest without warrant a seafarer who contravenes subsection (5).

(7)

An enforcement officer may not require a seafarer who is in a hospital or doctor’s surgery as a result of a safety, security, or marine environmental incident involving the use of a ship to undergo an evidential breath test.

Compare: 1998 No 110 s 69

Section 40I: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

If for any reason an evidential breath test carried out under section 40I fails to produce a result, the enforcement officer may, at his or her discretion, either require the seafarer to undergo without delay a further evidential breath test or proceed as if section 40L(1)(c) applies.

(2)

A requirement made under subsection (1) is deemed to be a requirement under section 40I(4).

Compare: 1998 No 110 s 70

Section 40J: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40K Right to elect blood test

If the result of a seafarer’s evidential breath test appears to be positive, the seafarer has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)(a), to elect to have a blood test to assess the proportion of alcohol in his or her blood.

Compare: 1998 No 110 s 70A

Section 40K: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

A seafarer must permit a medical practitioner or medical officer to take a blood specimen from the seafarer when required to do so by an enforcement officer if—

(a)

the seafarer fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 40I; or

(b)

the seafarer has undergone an evidential breath test under section 40I(4), and—

(i)

it appears to the officer that the test is positive; and

(ii)

within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)(a), the seafarer advises the officer that the seafarer wishes to undergo a blood test; or

(c)

an evidential breath testing device is not readily available at the place to which the seafarer has accompanied an enforcement officer under section 40I (whether or not at the time the requirement was made it was likely that the seafarer could undergo an evidential breath test at that place) or to which the seafarer has been taken under arrest (as the case may be), or for any reason an evidential breath test cannot then be carried out at that place; or

(d)

the officer has arrested the seafarer under section 40U and has good cause to suspect that the seafarer has committed an offence against any of sections 40C to 40E, and—

(i)

a medical practitioner has examined the seafarer and believes that the seafarer may be under the influence of alcohol; or

(ii)

the seafarer has refused to be examined by a medical practitioner for the purposes of this paragraph.

(2)

An enforcement officer may exercise the powers in subsection (1) in addition to any breath screening tests under section 40H or evidential breath tests under section 40I.

(3)

A seafarer who has been required by an enforcement officer under subsection (1) to permit the taking of a blood specimen must, without delay after being requested to do so by a medical practitioner or medical officer, permit that medical practitioner or medical officer to take a blood specimen from the seafarer.

(4)

If it is not practicable for a blood specimen to be taken from a seafarer by a medical practitioner or medical officer at a place where the seafarer has been required under this section to permit the taking of a blood specimen, the seafarer must accompany an enforcement officer to any other place where it is likely that a blood specimen can be taken from the seafarer by a medical practitioner or medical officer if the officer requires the seafarer to do so.

(5)

If a blood specimen taken under this section is insufficient for the purposes of the relevant blood specimen collecting procedure,—

(a)

the seafarer from whom the specimen was taken must permit a medical practitioner or medical officer to take a further blood specimen immediately after being requested to do so by the medical practitioner or medical officer; and

(b)

a further blood specimen so taken is to be treated as part of the original blood specimen taken from the seafarer.

(6)

An enforcement officer may arrest a seafarer without warrant if the seafarer—

(a)

fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or

(b)

having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a medical practitioner or medical officer to permit a blood specimen to be taken under this section.

Compare: 1998 No 110 s 72

Section 40L: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40M Who must give blood specimen in hospital or surgery

(1)

A person who is under examination, care, or treatment in a hospital or doctor’s surgery must permit a blood specimen to be taken from the person by—

(a)

the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or

(b)

another medical practitioner or a medical officer.

(2)

If a person under examination, care, or treatment in a hospital or doctor’s surgery is unconscious, a blood specimen may be taken from the person under this section by—

(a)

the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or

(b)

another medical practitioner or a medical officer.

(3)

Whether or not a person has consented to the taking of the specimen and whether or not the person is capable of giving consent, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or doctor’s surgery—

(a)

may take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer; and

(b)

must either take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer, if an enforcement officer requests him or her to do so.

(4)

If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another medical practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Part to be treated as a part of the original blood specimen taken from the person), whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

(5)

Despite subsections (1) to (4), a blood specimen may be taken from a person under any provision of this section only if the medical practitioner or medical officer—

(a)

has reasonable grounds to suspect that the person—

(i)

is a seafarer; and

(ii)

is in the hospital or doctor’s surgery as a result of—

(A)

an accident or incident involving the use of a ship:

(B)

an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and

(b)

has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person’s proper care or treatment; and

(c)

tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.

(6)

If a blood specimen is taken under this section from a person who is unconscious, the medical practitioner or medical officer who took the specimen must notify the person in writing as soon as practicable that the specimen was taken under this section for evidential purposes.

(7)

No civil or criminal proceedings may be taken against the Crown, a district health board, or any other person in respect of the taking of a blood specimen under this section, or in respect of the sending of a blood specimen to an approved laboratory, on the ground of lack of consent of a person whose consent to the taking of the blood specimen would have been otherwise required by law if this section had not been enacted.

(8)

Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen.

Compare: 1998 No 110 s 73

Section 40M: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40N Procedure for dealing with blood specimens

(1)

A blood specimen taken under section 40L or 40M must be dealt with in accordance with the relevant blood specimen collecting procedure.

(2)

In the case of a blood specimen taken under section 40L, an enforcement officer must, within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post by registered post or cause to be posted by registered post, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure.

(3)

In the case of a blood specimen taken under section 40M, the medical practitioner or medical officer by whom the specimen was taken must,—

(a)

within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted by registered post, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure; and

(b)

if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give the Commissioner written notification of—

(i)

the approved laboratory to which the blood specimen was (or is being) delivered or posted; and

(ii)

the seafarer from whom the blood specimen was taken.

(4)

If a seafarer from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—

(a)

the seafarer (or the seafarer’s lawyer) may apply to the Commissioner in accordance with subsection (6); and

(b)

if the application complies with subsection (6),—

(i)

the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to which the blood specimen taken from the seafarer was delivered or posted under subsection (2) or (3); and

(ii)

that laboratory must send by registered post, personal delivery, or delivery by courier the blood specimen, held for the purpose, to the private analyst specified in the application.

(5)

If an application under subsection (4) does not comply with subsection (6), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory.

(6)

An application under subsection (4)(a) must—

(a)

be made in writing to the Commissioner not later than 28 days after—

(i)

the date on which a summons in respect of an offence against this Part (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or

(ii)

if the defendant is arrested under a warrant under section 34 of the Criminal Procedure Act 2011 in respect of any such offence, the date on which the defendant is arrested; or

(iii)

in any case to which subparagraph (i) or (ii) does not apply, the date on which the defendant is first charged in court with any such offence; and

(b)

state the full name, address, and occupation of the defendant and the date of the alleged offence; and

(c)

identify the private analyst to whom the part of the blood specimen is to be sent and the address of the private analyst.

(7)

A blood specimen sent to an approved laboratory under subsection (2) or (3) may be destroyed at any time later than 1 year after the date the specimen was so sent.

Compare: 1998 No 110 s 74

Section 40N: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40O Certificates in proceedings

(1)

Except as provided in section 40S, production of a certificate to which this section applies in proceedings for an offence against this Part is sufficient evidence, in the absence of proof to the contrary, of the matters that are stated in the certificate and of the sufficiency of the authority and qualifications of the person by whom the certificate is made and, in the case of a certificate referred to in subsection (5), of the person who carried out the analysis.

(2)

This section applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying that—

(a)

a specimen of venous blood was taken by the medical practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and

(b)

for the purposes of the specified blood specimen collecting procedure,—

(i)

the specimen was sufficient; or

(ii)

the specimen was insufficient and the medical practitioner or medical officer took a further specimen; and

(c)

in accordance with the specified blood specimen collecting procedure, the medical practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and

(d)

each container was received by the medical practitioner or medical officer in a sealed blood specimen collecting kit; and

(e)

the medical practitioner or medical officer handed each container to an enforcement officer named in the certificate.

(3)

This section also applies to a certificate purporting to be signed by a medical practitioner and certifying that—

(a)

the person named in the certificate was in a hospital or doctor’s surgery; and

(b)

the medical practitioner, being a medical practitioner in immediate charge of the examination, care, or treatment of that person, took a blood specimen or caused a blood specimen to be taken by any other medical practitioner or any medical officer from the person under section 40M; and

(c)

the medical practitioner has reasonable grounds to suspect that the person—

(i)

is a seafarer; and

(ii)

was in the hospital or doctor’s surgery as a result of—

(A)

an accident or incident involving a ship:

(B)

an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and

(d)

before taking the blood specimen or causing the blood specimen to be taken from the person, the medical practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person’s proper care or treatment; and

(e)

the medical practitioner—

(i)

told the person that the blood specimen was being or had been taken under section 40M for evidential purposes; or

(ii)

if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 40M for evidential purposes.

(4)

This section also applies to a certificate purporting to be signed by a medical practitioner or medical officer and certifying—

(a)

all the matters referred to in subsection (2)(a) to (d); and

(b)

that the medical practitioner or medical officer sent or caused to be sent by registered post, personal delivery, or delivery by courier, on a specified date, the specimen to a specified approved laboratory in accordance with section 40N; and

(c)

that, if at the time the blood specimen was taken more than 1 approved laboratory existed, the medical practitioner or medical officer had notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.

(5)

This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—

(a)

a blood specimen in a sealed container was, on a specified date, delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) for analysis, and was delivered by registered post or personal delivery or delivery by courier; and

(b)

on analysis of the blood specimen by an analyst specified in the certificate, the presence or a specified proportion of alcohol was found in the specimen; and

(c)

no such deterioration or congealing of the specimen was found as would prevent a proper analysis.

(6)

This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 40N, a blood specimen was posted to a specified private analyst by registered post, personal delivery, or delivery by courier, and addressed to the private analyst at the address given in the application.

(7)

For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make the certificate.

Compare: 1998 No 110 s 75

Section 40O: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40P Certificates of compliance for evidential breath-testing devices

(1)

An evidential breath-testing device must be supported by a certificate of compliance given under this section or section 75A of the Land Transport Act 1998 by a person authorised for the purpose by the Science Minister.

(2)

At any trial or defended hearing for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance, and the certificate must be provided by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.

(3)

Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer’s specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.

(4)

In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—

(a)

must be treated as such a certificate or certified copy; and

(b)

is conclusive evidence of the sufficiency of the authority of the person who signed the document.

(5)

After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice in the Gazette, specify for each kind of evidential breath-testing device the matters that are required to be stated in a certificate of compliance.

(6)

Without limiting subsection (5), the notice given under subsection (5) must—

(a)

be, in the case of any kind of evidential breath-testing device approved after the commencement of this section, given in conjunction with the notice approving that kind of device:

(b)

specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:

(c)

specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:

(d)

require a certificate of compliance to include a statement to the effect that the device is being maintained in accordance with the manufacturer’s specifications.

Compare: 1998 No 110 s 75A

Section 40P: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40Q Presumptions relating to blood specimens

(1)

In proceedings for an offence against this Part, it is to be presumed, in the absence of proof to the contrary, that,—

(a)

if a certificate referred to in section 40P names a person having the same name, address, and occupation as the defendant as the person from whom the specimen of blood was taken, the specimen was taken from the defendant:

(b)

every approved analyst who signed a certificate referred to in section 40O(5) was duly authorised to sign it:

(c)

if the container in which a blood specimen (or part of a blood specimen) was placed was received by a medical practitioner or medical officer in a sealed blood specimen collecting kit, the container contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.

(2)

On the request of a person from whom a blood specimen has been taken under section 40L or 40M, or of the person’s lawyer, copies of any certificates referred to in subsection (1) that relate to that blood specimen must be supplied by the prosecutor to the person making the request.

Compare: 1998 No 110 s 76

Section 40Q: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40R Presumptions relating to alcohol-testing

(1)

For the purposes of proceedings for an offence against this Part arising out of the circumstances in which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant’s breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant’s breath indicated by the test.

(2)

For the purposes of proceedings for an offence against this Part arising out of the circumstances in which a blood specimen was taken from the defendant under section 40L or 40M, it is to be conclusively presumed that the proportion of alcohol in the defendant’s blood at the time of the alleged offence was the same as the proportion of alcohol in the blood specimen taken from the defendant.

(3)

Except as provided in subsection (4), the result of a positive evidential breath test is not admissible in evidence in proceedings for an offence against any of sections 40C to 40E if—

(a)

the seafarer who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained, that the test was positive and that, if the seafarer does not request a blood test within 10 minutes, in the case of a positive test that indicates that the proportion of alcohol in the seafarer’s breath exceeds 250 micrograms of alcohol per litre of breath, the test could of itself be conclusive evidence to lead to that seafarer’s conviction for an offence against this Part; or

(b)

the seafarer who underwent the test—

(i)

advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the seafarer wishes to undergo a blood test; and

(ii)

complies with section 40L(3).

(4)

Subsection (3)(a) does not apply if the seafarer who underwent the test fails or refuses to remain at the place where the seafarer underwent the test until the seafarer can be advised of the result of the test.

(5)

If it is proved in proceedings for an offence against section 40E that the defendant failed or refused, without reasonable cause, to comply with section 40H, 40I, 40J, 40L, or 40M, or any lawful requirement, direction, or request made by an enforcement officer under any of those sections, or any lawful requirement or request made by a medical practitioner or medical officer under section 40L or 40M, the failure or refusal may be treated as supporting any evidence given on behalf of the prosecution, or as rebutting any evidence given on behalf of the defendant, concerning the defendant’s condition at the time of the alleged offence.

Compare: 1998 No 110 s 77

Section 40R: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40S Circumstances in which certificate not admissible in proceedings

(1)

A certificate referred to in section 40O(2), (3), or (4) is not admissible in evidence in proceedings for an offence against this Part if the court, on application made by the defendant not less than 14 days before the hearing, orders that the medical practitioner or medical officer who gave the certificate must appear as a witness at the hearing.

(2)

No certificate referred to in section 40O(5) is admissible in evidence in proceedings for an offence against this Part if—

(a)

an application has been made in accordance with section 40N for the blood specimen to be sent to a private analyst; and

(b)

the specimen has not been sent to the private analyst in compliance with the application.

(3)

However, subsection (2) does not apply in respect of a specimen destroyed under the authority of section 40N(7) before the date of the application.

(4)

No certificate referred to in section 40O(5) or (6) is admissible in evidence in proceedings for an offence against this Part if the court, on application made by the defendant not less than 14 days before the hearing, orders that,—

(a)

in the case of a certificate referred to in section 40O(5), the person who made the analysis or the approved analyst who gave the certificate ought to appear as a witness at the hearing; or

(b)

in the case of a certificate referred to in section 40O(6), the person who posted or delivered the specimen, or the person who gave the specimen to the courier, or the approved analyst who gave the certificate ought to appear as a witness at the hearing.

(5)

The court may not make an order under subsection (4) unless the application made by the defendant under that subsection is accompanied by an affidavit, sworn by the private analyst who is specified in the defendant’s application under section 40N, to the effect that,—

(a)

since the date given to the private analyst as the date on which application was made under section 40N for the sending to the analyst of a blood specimen relating to the defendant, the analyst has not received any such specimen; or

(b)

the blood specimen received by the private analyst relating to the defendant—

(i)

was not suitable for analysis; or

(ii)

was suitable for analysis but, for specified reasons, that analysis was not carried out; or

(iii)

was suitable for analysis and that analysis was carried out but, for specified reasons, the results of the analysis are not available; or

(c)

the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain not more than 50 milligrams of alcohol per 100 millilitres of blood; or

(d)

the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain 20 milligrams or more of alcohol per 100 millilitres of blood more or less than the proportion of alcohol per 100 millilitres of blood specified in the certificate referred to in section 40O(5).

(6)

If a blood specimen is destroyed in accordance with section 40N(7), that act does not affect the admissibility in proceedings of a certificate given in respect of the specimen by an approved analyst for the purposes of this Part.

Compare: 1998 No 110 s 79

Section 40S: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40T Power to stop and board ships

(1)

An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet with a badge of authority affixed to it, may signal or request the master or an officer of a ship to stop and bring the ship to for boarding as soon as is reasonably practicable if—

(a)

the enforcement officer has good cause to suspect that a seafarer on board the ship has recently committed an offence against section 40C; or

(b)

a safety, security, or environmental incident has occurred involving the use of the ship while the seafarer was performing designated safety, security, or marine environmental duties and the enforcement officer has good cause to suspect that alcohol was a contributing factor.

(2)

A ship that is stopped by an enforcement officer under subsection (1) must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Part.

Compare: 1998 No 110 s 114

Section 40T: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40U Arrest of seafarers for alcohol-related offences

An enforcement officer may arrest a seafarer without warrant if the officer has good cause to suspect that the seafarer has committed an offence against section 40D or 40E.

Compare: 1998 No 110 s 120

Section 40U: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

40V Enforcement officer may prevent seafarers from returning to duty

(1)

An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—

(a)

a seafarer, because of his or her physical or mental condition (however arising), is incapable of carrying out his or her duties properly; and

(b)

in all the circumstances, the direction or prohibition or action is necessary in the interests of the seafarer or of any other person or of the public.

(2)

The enforcement officer may—

(a)

forbid the seafarer to carry out his or her duties for such period as the enforcement officer specifies:

(b)

direct the seafarer to a specified place where the seafarer may rest:

(c)

take any steps that may be necessary to detain the ship or to remove it to a place where it does not constitute a hazard.

(3)

An enforcement officer may arrest without warrant any person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section.

Compare: 1998 No 110 s 121

Section 40V: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

For the purposes of this Part, a muster list, or other official record, from a ship, that is certified by the ship’s master or operator and that indicates that a seafarer was performing designated safety, security, or marine environmental duties at the time of an alleged offence against section 40C is sufficient evidence, in the absence of proof to the contrary, of those matters.

(2)

No muster list or other official record referred to in subsection (1) is admissible as evidence in proceedings for an offence against this Part if the court, on application made by the defendant not less than 14 days before the hearing, orders that the master or operator appear as a witness at the hearing.

Section 40W: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Part 5 Powers and duties of Director of Maritime New Zealand in relation to maritime activity

Part 5 heading: amended, on 1 July 2005, by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Powers in relation to maritime documents

41 Issue of maritime documents and recognition of documents

(1)

After considering any application under section 35, the Director shall, as soon as practicable, grant the application if he or she is satisfied that—

(a)

all things in respect of which the document is sought or, in the case of an application for recognition of a document as a maritime document, all things to which the document relates, meet any relevant prescribed requirements; and

(b)

the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document—

(i)

either hold the relevant prescribed qualifications and experience or hold such qualifications as are acceptable to the Director under subsection (2); and

(ii)

are fit and proper persons to have such control or hold the document; and

(iii)

meet all other relevant prescribed requirements; and

(c)

it is not contrary to the interests of maritime safety for the document to be granted, renewed, or recognised.

(2)

For the purpose of granting or renewing a maritime document, or recognising a document as a maritime document, the Director may, subject to any provisions in the maritime rules, recognise such qualifications or certifications as he or she considers appropriate in each case.

(3)

In no case shall the Director recognise foreign qualifications or foreign certificates where—

(a)

the requirements to gain such qualifications or to obtain such certificates are less than the requirements to gain similar qualifications or to obtain similar certificates in New Zealand; and

(b)

the Director believes that to recognise such qualifications or certificates might pose a risk or danger to the safety of any person, to property, or to the marine environment.

(4)

Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either—

(a)

issue an equivalent maritime document under this section; or

(b)

notify in writing such recognition.

(5)

It shall be a condition of every current maritime document issued or recognised by the Director that the holder shall continue to satisfy the fit and proper person criteria specified in subsection (1)(b)(ii).

(6)

Where the Director declines to grant an application under section 35, the applicant may appeal against that decision to a District Court under section 424.

(7)

Nothing in this section applies in respect of any ship, crew, or maritime product in respect of which section 42 applies.

Compare: 1990 No 98 s 9; 1992 No 75 s 6

42 Acceptance of convention documents

(1)

Subject to subsection (2), the Director shall accept every valid licence, permit, certificate, or other document issued or approved by a State, other than New Zealand, under a convention to which that State and New Zealand are both parties; and, for the purposes of this Act, such documents shall be deemed to be maritime documents.

(2)

The Director shall not accept, or shall suspend acceptance of, any documents referred to in subsection (1) where he or she has clear grounds for believing that—

(a)

the condition of the ship or maritime product does not correspond substantially with the particulars of any document relating to the ship or maritime product; or

(b)

the condition of the ship or maritime product has not been maintained in accordance with the provisions of any requirements leading to the issue of that document; or

(c)

the ship is not in all respects fit to proceed to sea without danger to the ship or the persons on board or without presenting an unreasonable threat of harm to the marine environment; or

(d)

the ship or maritime product has been materially altered without the sanction of the State that issued or approved the document; or

(e)

the document has been fraudulently obtained or the holder of the document is not the person to whom the document was originally issued.

(3)

Sections 35, 41, 43 to 51, 68, 69, 73 to 78, 406(b), and 406(c) shall not apply to any document referred to in subsection (1).

(4)

This section applies in respect of—

(a)

every ship, other than a New Zealand ship, registered in a country that is a party to any convention to which New Zealand is also a party:

(b)

the crew of every ship referred to in paragraph (a):

(c)

the maritime products of every ship referred to in paragraph (a).

43 Suspension of maritime documents or imposition of conditions

(1)

The Director may from time to time—

(a)

suspend any maritime document issued by the Director under this Act or under any maritime rules, or impose conditions in respect of any such maritime document; or

(b)

suspend the Director’s recognition as a maritime document of any document issued by another person or any organisation, or impose conditions in respect of such recognition,—

if he or she considers such action necessary in the interests of maritime safety, and if he or she—

(c)

is satisfied that the holder has failed to comply with any conditions of the relevant maritime document or with the requirements of section 17; or

(d)

is satisfied the holder has contravened or failed to comply with section 406; or

(e)

is satisfied such action is necessary to ensure compliance with any provisions of Parts 1 to 15 or any regulations or maritime rules made under this Act; or

(f)

considers that the privileges or duties for which the document has been granted, or the relevant document has been recognised as a maritime document, are being carried out by the holder in a careless or incompetent manner.

(2)

Without limiting the general provisions of subsection (1), the Director may suspend any maritime document, or the recognition of any document as a maritime document, relating to the use of any ship, or maritime product, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the seaworthiness of the ship or as to the quality or safety of the maritime product to which the document relates.

(3)

A suspension, or imposition of conditions, under subsection (1) or (2) remains in force until the earliest of the following:

(a)

the Director makes an adverse decision under section 51:

(b)

in the case of the imposition of conditions, the conditions no longer apply:

(c)

in the case of the absence of conditions, the close of the 14th day after the date of the suspension.

(4)

On the grounds set out in subsection (1), the Director may,—

(a)

despite subsection (3)(b) and before the period for a condition expires,—

(i)

impose, vary, or lift the condition; or

(ii)

extend the period during which the condition applies for a further specified period:

(b)

despite subsection (3)(c) and before the 14-day period expires, extend the period of the suspension for a further specified period.

(5)

When a maritime document or recognition of a document as a maritime document is suspended or a maritime document is made subject to conditions under this section, the holder of the document or recognition must immediately produce the maritime document or the document of recognition to the Director, and—

(a)

the Director must endorse the document to indicate the action taken under this section; and

(b)

the Director may retain a document while it is suspended.

(5A)

If notice of a proposed revocation of a maritime document or recognition of a document as a maritime document is given in accordance with section 51 either at the same time as the suspension of the document or recognition under this section is imposed or while the suspension is in force, the document or recognition to which the notice relates remains suspended until the Director finally decides whether to revoke the document or recognition under section 44.

(6)

The whole or any part of a maritime document, or the recognition of the whole or any part of a document recognised as a maritime document, may be suspended under this section.

(7)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.

Compare: 1990 No 98 s 17; 1992 No 75 s 11

Section 43(3): replaced, on 23 October 2013, by section 13 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 43(4): replaced, on 23 October 2013, by section 13 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 43(5): substituted, on 9 June 1999, by section 5 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 43(5A): inserted, on 9 June 1999, by section 5 of the Maritime Transport Amendment Act 1999 (1999 No 68).

44 Revocation of maritime documents

(1)

If, at any time after an investigation carried out to decide whether any action should be taken under section 43, the Director believes that any relevant maritime document or the recognition of a document as a maritime document should be revoked, the Director may revoke that document or the recognition of that document.

(2)

Where the Director proposes to revoke a maritime document or the recognition of a document as a maritime document, the Director shall give notice in accordance with section 51, which shall apply as if the proposed revocation were a proposed adverse decision under this Act.

(3)

Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.

(4)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.

Compare: 1990 No 98 s 18; 1992 No 75 s 12

Section 44(1): amended, on 9 June 1999, by section 6 of the Maritime Transport Amendment Act 1999 (1999 No 68).

45 Amendment or revocation in other cases

(1)

The Director may,—

(a)

if so requested in writing by the holder of any maritime document issued by the Director, amend or revoke the document as requested:

(b)

amend any maritime document issued by the Director to correct any clerical error or obvious mistake on the face of the document.

(2)

Subject to subsection (3), the Director may do any of the following:

(a)

amend any maritime document issued by the Director to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:

(b)

revoke any maritime document issued by the Director, or revoke the recognition of any document as a maritime document, if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder.

(3)

Before taking any action under subsection (2), the Director shall notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.

(4)

The power to amend a maritime document under this section includes—

(a)

power to revoke the document and issue a new document in its place; and

(b)

power to impose reasonable conditions.

(5)

When the holder of a maritime document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director.

Compare: 1990 No 98 s 20

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

(1)

Where any fee or charge payable under this Act or any regulations made under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the maritime document, or suspend recognition of the document as a maritime document, to which the unpaid fee or charge relates.

(2)

Where any fee or charge payable under this Act or any regulations made under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the maritime document, or revoke recognition of the document as a maritime document, to which the fee or charge relates.

(3)

Before undertaking any action under subsection (1) or subsection (2), the Director shall notify the holder of that document of—

(a)

the Director’s intention to act under subsection (1) or subsection (2); and

(b)

the right of appeal available to the holder of that document in the event of the Director taking such action.

(4)

Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.

(5)

Where a fee or charge is payable to the Authority or the Director in respect of an application or the provision of a service, the Authority or the Director, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.

(6)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.

Compare: 1990 No 98 s 41; 1992 No 75 s 22

47 Exemption

(1)

The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, ship, or maritime product from any specified requirement in any maritime rule.

(2)

The Director shall not grant an exemption under subsection (1) unless he or she is satisfied in the circumstances of each case that—

(a)

the granting of the exemption will not breach New Zealand’s obligations under any convention; and

(b)

either—

(i)

the requirement has been substantially complied with and that further compliance is unnecessary; or

(ii)

the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

(iii)

the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

(iv)

events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case; and

(ba)

the risk of harm to the marine environment will not be significantly increased by the granting of the exemption; and

(c)

the risk to safety will not be significantly increased by the granting of the exemption.

(3)

The number and nature of any exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette.

(4)

Nothing in this section shall apply in any case where any maritime rule specifically provides that no exemptions are to be granted.

Compare: 1990 No 98 s 37

Section 47(2)(ba): inserted, on 23 October 2013, by section 14 of the Maritime Transport Amendment Act 2013 (2013 No 84).

48 Powers of Director in relation to examinations, etc

For the purposes of granting or renewing maritime documents in respect of personnel under this Act, the Director may set, conduct, and administer examinations and tests, and carry out such other functions in relation to such examinations and tests as may be necessary.

Compare: 1990 No 98 s 72K; 1992 No 75 s 31

49 Criteria for action under section 43 or section 44

(1)

The provisions of this section shall apply for the purpose of determining whether a maritime document, or recognition of a document as a maritime document, should be suspended or made subject to conditions under section 43 or revoked under section 44.

(2)

Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:

(a)

the person’s compliance history with transport safety regulatory requirements:

(b)

any conviction for any transport safety offence, whether or not—

(i)

the conviction was in a New Zealand court; or

(ii)

the offence was committed before the commencement of this Act:

(c)

any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule made under this Act.

(3)

The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

(4)

The Director may—

(a)

seek and receive such information as the Director thinks fit; or

(b)

consider information obtained from any source.

(5)

If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

(6)

Nothing in subsection (5) shall require the Director to—

(a)

disclose any information the disclosure of which would be likely to endanger the safety of any person; or

(b)

disclose any information before—

(i)

suspending a maritime document or suspending the recognition of a document as a maritime document; or

(ii)

imposing conditions in respect of a maritime document under section 43.

(7)

If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

the Director must inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

Compare: 1990 No 98 s 19

Section 49(7): substituted, on 15 December 2005, by section 5 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

50 Criteria for fit and proper person

(1)

For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, or under the maritime rules, the Director shall, having regard to the degree and nature of the person’s proposed involvement in maritime activities, have regard to, and give such weight as the Director considers appropriate to, the following matters:

(a)

the person’s compliance history with transport safety regulatory requirements:

(b)

the person’s related experience (if any) within the transport industry:

(c)

the person’s knowledge of the applicable maritime regulatory requirements:

(d)

any history of physical or mental health problems or serious behavioural problems:

(e)

any conviction for any transport safety offence or for any offence relating to controlled drugs (as defined in the Misuse of Drugs Act 1975) or relating to any prescription medicine (as defined in the Medicines Act 1981), whether or not—

(i)

the conviction was in a New Zealand court; or

(ii)

the offence was committed before the commencement of this Act:

(f)

any conviction for any offence involving violence, or causing danger to any person, or criminal damage, whether or not—

(i)

the conviction was in a New Zealand court; or

(ii)

the offence was committed before the commencement of this Act:

(g)

any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule.

(2)

The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.

(3)

The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,—

(a)

seek and receive such information (including medical reports) as the Director thinks fit; and

(b)

consider information obtained from any source.

(4)

Subsection (1) applies to a body corporate with the following modifications:

(a)

paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:

(b)

paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.

(5)

If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), disclose that information to that person and, in accordance with section 51, give that person a reasonable opportunity to refute or comment on it.

(6)

Nothing in subsection (5) shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

(7)

If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

the Director must inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

Compare: 1990 No 98 s 10

Section 50(7): substituted, on 15 December 2005, by section 6 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

51 Notice to persons affected by proposed adverse decisions

(1)

In this section, unless the context otherwise requires,—

adverse decision means a decision of the Director to the effect that a person is not a fit and proper person for any purpose under this Act or under the maritime rules

affected document holder, in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the maritime document

person directly affected, in relation to any adverse decision, means the person who would be entitled under section 424 to appeal against that adverse decision

person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the grounds referred to in section 50, means the person whom the Director assesses as not being a fit and proper person.

(2)

Where the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, shall—

(a)

notify the person directly affected by the proposed decision of the proposed decision; and

(b)

subject to subsection (4), inform that person of the grounds for the proposed decision; and

(c)

specify a date by which submissions may be made to the Director in respect of the proposed decision, which date shall not be less than 21 days after the date on which the notice is given; and

(d)

where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and

(e)

notify the person of the person’s right of appeal under section 424, in the event of the Director proceeding with the proposed decision; and

(f)

specify such other matters as in any particular case may be required by any provision of this or any other Act.

(3)

Where the Director gives a notice under subsection (2), the Director—

(a)

shall also supply a copy of the notice to—

(i)

any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and

(ii)

any affected document holder, where the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and

(b)

may supply a copy of the notice to any other affected document holder.

(4)

No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 50(1), except to the extent that—

(a)

the notice or copy is supplied to the person to whom the information relates; or

(b)

that person consents to the supply of that information to any other person.

(5)

Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:

(a)

it shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c), or within such further period as the Director may allow:

(b)

the Director may consider any information supplied by that person after the expiry of the period referred to in paragraph (a), other than information requested by the Director and supplied by that person within such reasonable time as the Director may specify:

(c)

the Director shall consider any submissions made in accordance with paragraph (a), other than information requested by the Director and supplied pursuant to a request referred to in paragraph (b).

(6)

After considering the matters referred to in subsection (5), the Director shall—

(a)

finally determine whether or not to make the proposed adverse decision; and

(b)

as soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a), of—

(i)

the Director’s decision and the grounds for the decision; and

(ii)

the date on which the decision will take effect; and

(iii)

in the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 41(6) or section 43(7) or section 44(4)).

Compare: 1990 No 98 s 11; 1992 No 75 s 8

Suspension of persons from work

Heading: replaced, on 23 October 2013, by section 15 of the Maritime Transport Amendment Act 2013 (2013 No 84).

52 Suspension from work

(1)

The Director may suspend from work on a New Zealand ship any person who is not required by this Act or regulations or rules made under this Act to be in possession of a maritime document, where—

(a)

the Director considers such action necessary in the interests of maritime safety; and

(b)

either—

(i)

the person is convicted for any offence relating to—

(A)

controlled drugs (as defined in the Misuse of Drugs Act 1975) or any prescription medicine (as defined in the Medicines Act 1981); or

(B)

violence, or causing danger to any person, or criminal damage,—

whether or not the conviction was in a New Zealand court or the offence was committed before the commencement of this Act; or

(ii)

the person has been dismissed from employment, which dismissal is related to violence, alcohol, or the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975) or the misuse of any prescription medicine (as defined in the Medicines Act 1981).

(2)

If the Director suspends any person under subsection (1), the suspension remains in force until the earlier of—

(a)

the close of the 14th day after the date of the imposition of the suspension; and

(b)

the date the Director notifies the person in accordance with subsection (2A) or section 51(2).

(2A)

Before the expiry of the 14-day period referred to in subsection (2), the Director may—

(a)

lift the suspension, with or without conditions, or extend the period of the suspension by a specified further period:

(b)

allow the person to return to work, subject to any conditions imposed by the Director, during the suspension or specified further period of suspension.

(2B)

If the Director proposes to suspend any person under subsection (1), the Director must give the person notice in accordance with section 51, which applies as if—

(a)

the proposed suspension were a proposed adverse decision under this Act; and

(b)

the reference to the person’s right of appeal under section 424 were a reference to the person’s right of appeal to the Maritime Appeal Authority continued by section 82.

(3)

The Director may suspend a person under this section for any period the Director thinks fit and may impose such conditions on that person’s return to work as the Director thinks fit.

(4)

The Director shall maintain a list of persons suspended under this section, and employers of seafarers or potential employers of seafarers may ask the Director to ascertain whether a particular person is a suspended person and the Director shall advise that employer or potential employer accordingly.

(5)

Any person in respect of whom any decision is taken under this section may appeal against that decision to the Maritime Appeal Authority continued by section 82.

Section 52 heading: amended, on 23 October 2013, by section 16(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 52(1): amended, on 23 October 2013, by section 16(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 52(2): replaced, on 23 October 2013, by section 16(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 52(2A): inserted, on 23 October 2013, by section 16(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 52(2B): inserted, on 23 October 2013, by section 16(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 52(3): amended, on 23 October 2013, by section 16(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

53 Suspended persons not to work or be employed

(1)

No person shall employ or engage on board a New Zealand ship, or any ship involved in coastal shipping under section 198, a person who has been suspended under section 52.

(2)

No person who has been suspended under section 52 shall offer himself or herself for work or employment on board a New Zealand ship, or any ship involved in coastal shipping under section 198.

(3)

Every person commits an offence who, without reasonable excuse, contravenes this section.

(4)

Every person who commits an offence against subsection (3) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000:

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

Section 53 heading: amended, on 23 October 2013, by section 17(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 53(1): amended, on 23 October 2013, by section 17(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 53(2): amended, on 23 October 2013, by section 17(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 53(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Inspection, investigation, detention, and rectification

Heading: amended, on 23 October 2013, by section 18 of the Maritime Transport Amendment Act 2013 (2013 No 84).

54 Inspections and audits

(1)

The Director may in writing require any person who—

(a)

holds a maritime document; or

(b)

operates, maintains, or services, or does any other act in respect of any ship or maritime product,—

to undergo or carry out such inspections and such audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers or for the purposes of any provision of any of Parts 1 to 15.

(2)

The Director may, in respect of any person described in subsection (1), carry out such inspections and audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers.

(3)

For the purposes of any inspection or audit carried out in respect of any person under subsection (2), the Director may, in writing,—

(a)

require from that person such information as the Director considers relevant to the inspection or audit:

(b)

require that person to demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the safe operation of the ship:

(c)

require that person to demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a maritime product is capable of being carried out in a competent manner.

Compare: 1990 No 98 s 15; 1992 No 75 s 10

54A Power of Director to investigate holder of maritime document

(1)

The Director may, in writing, require any holder of a maritime document to undergo an investigation if the Director—

(a)

has reasonable grounds to believe that an investigation is necessary in the interests of maritime safety; and

(b)

either—

(i)

believes that the maritime document holder has failed to comply with any conditions of a maritime document; or

(ii)

considers that the privileges or duties for which the maritime document has been granted are being carried out by the maritime document holder in a careless or incompetent manner.

(2)

If the Director requires a maritime document holder to undergo an investigation under subsection (1), the Director must—

(a)

conclude the investigation as soon as practicable; and

(b)

inform the maritime document holder, in writing, of—

(i)

the date on which the investigation will begin; and

(ii)

the results of the investigation, including—

(A)

any recommendations arising out of the investigation; and

(B)

the grounds for those recommendations.

Compare: 1990 No 98 s 15A

Section 54A: inserted, on 23 October 2013, by section 19 of the Maritime Transport Amendment Act 2013 (2013 No 84).

55 Detention, etc, of ships and maritime products

(1)

The Director may from time to time do all or any of the following:

(a)

detain any ship or any ship of a particular class:

(b)

seize any maritime product or any maritime product of a particular class:

(c)

prohibit or impose conditions on the use or operation of any ship or any ship of a particular class, or the use of any maritime product or any maritime product of a particular class:

(d)

impose conditions on the release from detention or seizure of the ship or maritime product.

(2)

The powers under subsection (1) may be exercised where the Director believes on clear grounds that—

(a)

the operation or use of any ship or maritime product or class of ship or maritime product, as the case may be, endangers or is likely to endanger any person or property, or is hazardous to the health or safety of any person; or

(b)

the appropriate prescribed maritime document is not for the time being in force in respect of the ship, or the master or any member of the crew of that ship, or the maritime product, as the case may be; or

(c)

any maritime document required by maritime rules in respect of the ship or maritime product, as the case may be, has expired; or

(d)

the conditions under which a maritime document in respect of a ship or maritime product was issued or recognised, or the requirements of that document, are not being met; or

(e)

the watchkeeping requirements specified for a ship by the State in which the ship is registered are not being met; or

(f)

the conditions imposed under paragraph (c) or paragraph (d) of that subsection are not being met.

(3)

The powers under subsection (1) may also be exercised where the Director is satisfied, on clear grounds, that the master is not, or crew are not, familiar with essential shipboard procedures for the safe operation of the ship.

(4)

Nothing in this section shall permit the Director to detain a ship where that detention would constitute a breach of any convention.

(5)

Any detention or seizure under subsection (1) shall be maintained for only such time as is necessary in the interests of maritime safety or the health or safety of any person; but, if ships, maritime products, or parts thereof are required for the purpose of evidence in any prosecution under this Act, those ships, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.

(6)

The Director shall, if requested by the owner or the person for the time being in charge of a ship detained or a maritime product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.

(7)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424.

(8)

For the purpose of subsection (1), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.

(9)

Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition notified under this section.

(10)

Every person who commits an offence against subsection (9) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

Compare: 1990 No 98 s 21

Section 55(10): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

56 Costs of detention, etc

(1)

Where the Director acts under section 55 to detain a ship, the provisions of section 462 shall apply to the costs of and incidental to the detention.

(2)

Where the Director acts under section 55 to seize a maritime product, the Authority may recover from the owner of such maritime product all reasonable costs of and incidental to such seizure.

(3)

The Authority is liable to pay to the owner of a ship or a maritime product compensation for any loss resulting from the Director unduly detaining the ship or maintaining the seizure of a maritime product.

(4)

The Authority is liable to pay to the owner of a ship or maritime product compensation for any loss resulting from the Director unduly delaying the ship or the use of the maritime product.

(5)

Where the Director has taken action under section 55 on the information of a complainant and the information is subsequently found to be frivolous or vexatious, the complainant is liable to indemnify the Authority for all costs for which the Authority is liable under this section.

Compare: 1952 No 49 s 306; 1987 No 184 s 14

Investigation of accidents, incidents, and mishaps

57 Investigation of accidents, incidents, and mishaps by Director

(1)

Where an accident, incident, or mishap occurs that is required to be notified to the Authority under section 31, the Director may investigate the accident, incident, or mishap.

(2)

When an accident, incident, or mishap is under investigation by the Director, the Director shall be in charge of that investigation.

(3)

The Director shall permit the participation or representation of foreign States in any investigation in which they have an interest.

(4)

Except with the consent of the Director, which consent shall not be unreasonably withheld, no person (other than the New Zealand Police) shall—

(a)

participate in any investigation if the Director is in charge of the investigation; or

(b)

undertake any independent investigation at the site of any accident, incident, or mishap that the Director is in charge of investigating; or

(c)

examine or cause to be examined any material removed from the site of any accident, incident, or mishap that the Director is in charge of investigating.

(5)

Where the Director refuses consent under subsection (4), he or she shall give the applicant a statement in writing of the reasons for his or her refusal.

(6)

Where an accident, incident, or mishap is being investigated by—

(a)

the Director; and

(b)

any 1 or more of the following, namely,—

(i)

the Transport Accident Investigation Commission:

(ii)

the New Zealand Defence Force:

(iii)

a visiting force:

(iv)

the regulator, an inspector, or any other person under the Health and Safety at Work Act 2015,—

the Director and the other persons investigating the accident, incident, or mishap shall take all reasonable measures to ensure that the investigations are co-ordinated.

(7)

This section is subject to section 14 of the Transport Accident Investigation Commission Act 1990.

Compare: 1990 No 99 s 14

Section 57(6)(b)(iv): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

58 Powers of investigation of Director

(1)

For the purposes of investigating under section 57 an accident, incident, or mishap, the Director (or a person authorised for the purpose by the Director), may—

(a)

make inquiries from any person who he or she has reason to believe is in possession of information that may lead to discovery of the cause of the accident, incident, or mishap:

(b)

issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any documents or things in that person’s possession or under that person’s control that are relevant to the subject of the investigation:

(c)

take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances:

(d)

require a person to reproduce, or to allow the Director (or authorised person) to reproduce, in usable form any information recorded or stored on a document electronically or by other means.

(2)

A person who is required by the Director (or an authorised person) to do anything under subsection (1) has the same privileges and immunities as a person giving evidence before a commission of inquiry has under section 6 of the Commissions of Inquiry Act 1908.

(3)

A summons under this section may be served in the same manner as a summons served under section 5 of the Commissions of Inquiry Act 1908, and that section 5 applies accordingly with any necessary modifications.

(4)

For the purposes of this section, document means a document in any form; and includes—

(a)

any writing on or in any material; and

(b)

information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and

(c)

a record, book, graph, or drawing; and

(d)

a photograph, film, negative, tape, disk, or other device in which 1 or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced.

(5)

A person who fails without reasonable cause to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.

Section 58: substituted, on 9 June 1999, by section 7 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 58(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

59 Additional powers of investigation

Without limiting the powers conferred by section 58, for the purpose of exercising any of the functions, duties, or powers of the Director under this Act, the Director and any person authorised in writing for the purpose by the Director shall, in addition to any other powers conferred by this Act, have power to do the following:

(a)

where the Director believes on reasonable grounds that it is necessary to preserve or record evidence, or to prevent the tampering with or alteration, mutilation, or destruction of any ship, place, maritime product, or any other thing involved in any manner in an accident, incident, or mishap, to prohibit or restrict access of persons or classes of persons to the site of any accident, incident, or mishap:

(b)

to seize, detain, remove, preserve, protect, or test any ship, maritime product, or any thing that the Director believes on reasonable grounds will assist in establishing the cause of an accident, incident, or mishap.

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

(1)

As soon as practicable after any accident or incident is notified to the Authority under section 31, the Director shall notify the Transport Accident Investigation Commission that he or she has been notified of the accident or incident, if it is of any of the following kinds:

(a)

an accident or incident involving—

(i)

a New Zealand commercial ship; or

(ii)

a foreign commercial ship that was in New Zealand waters at the time of the accident or incident:

(b)

an accident involving a New Zealand ship where a person is seriously harmed:

(c)

an incident involving more than 1 ship, where at least 1 ship is a commercial ship and, in the opinion of the Authority, it is likely that the occurrence would have, or will, become an accident:

(d)

an accident at the interface of the civil and military maritime systems.

(2)

Where the Authority has been notified of a search and rescue operation under section 31(4), the Director shall, if he or she has reasonable cause to believe that the ship involved is included in any of the categories specified in subsection (1), forthwith notify the Transport Accident Investigation Commission accordingly.

Compare: 1990 No 98 s 27

Powers and provisions relating to pilots

Heading: inserted, on 9 June 1999, by section 8 of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

(1)

The master of a ship must ensure that a pilot is taken on board the ship in accordance with and whenever required by maritime rules.

(2)

Despite anything in maritime rules, the Director may direct that a pilot be taken on board a ship in New Zealand waters if the Director is satisfied that, in the circumstances (such as the weather conditions, damage to the ship, or incapacity of the master), the interests of navigation safety or marine environmental protection require that a pilot be taken on board.

(3)

A direction under subsection (2) must, whenever practicable, be in writing and must be given to the owner or master of the ship to which it applies.

(4)

Once a direction is given under subsection (2), the ship may not proceed from or enter a port in New Zealand without a pilot on board if to do so is contrary to that direction or to a provision of the maritime rules.

Section 60A: inserted, on 9 June 1999, by section 8 of the Maritime Transport Amendment Act 1999 (1999 No 68).

60B Limitation of liability where pilot engaged

(1)

A port company, or other body corporate or person, who provides a pilot is not liable for any neglect or want of skill of the pilot.

(2)

The owner or master of a ship navigating under circumstances in which pilotage is required is answerable for any loss or damage caused by the ship or by any fault of the navigation of the ship in the same manner and to the same extent as that person would be if pilotage were not required.

(3)

A pilot is not liable for neglect or want of skill while on board a ship and acting as a pilot.

Section 60B: inserted, on 9 June 1999, by section 8 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Part 6 Offences in relation to maritime activity

Offences against health and safety on ships[Repealed]

Heading: repealed, on 5 May 2003, pursuant to section 35(1)(d) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

61 Offences likely to cause serious harm
[Repealed]

Section 61: repealed, on 5 May 2003, by section 35(1)(d) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

62 Other offences
[Repealed]

Section 62: repealed, on 5 May 2003, by section 35(1)(d) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

63 Actions taken to prevent harm
[Repealed]

Section 63: repealed, on 5 May 2003, by section 35(1)(d) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Safety offences

64 Unnecessary danger caused by holder of maritime document

(1)

Every holder of a maritime document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act, or causes or permits any act or omission, if the act or omission causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in any case, to an additional penalty under section 409.

Compare: 1990 No 98 s 43

Section 64(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65 Dangerous activity involving ships or maritime products

(1)

Every person commits an offence who—

(a)

operates, maintains, or services; or

(b)

does any other act in respect of—

any ship or maritime product in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.

(2)

Every person commits an offence who—

(a)

causes or permits any ship or maritime product to be operated, maintained, or serviced; or

(b)

causes or permits any other act to be done in respect of any ship or maritime product,—

in a manner which causes unnecessary danger or risk to any other person or to any property, irrespective of whether or not in fact any injury or damage occurs.

(3)

Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in any case, to an additional penalty under section 409.

Compare: 1990 No 98 s 44

Section 65(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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

(1)

If a ship proceeds without a pilot in contravention of section 60A, the owner and master of the ship each commits an offence and is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in any case, to an additional penalty under section 409.

(2)

Despite section 451(5), a contravention of a maritime rule in circumstances to which section 60A(1) applies is an offence against this section.

Section 65A: inserted, on 9 June 1999, by section 9 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 65A(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

66 Effect of breach of maritime rule

(1)

Where any person is charged with any offence against section 64 or section 65 and the court is satisfied that any act or omission of that person, or caused or permitted by that person, constitutes a breach of a relevant maritime rule, then, in the absence of proof to the contrary, it shall be presumed that the act or omission caused unnecessary danger or risk to another person or to property, irrespective of whether or not in fact any injury or damage occurred.

(2)

Nothing in this section shall be construed so as to require the proof of a breach of a maritime rule as an element of any offence described in section 64 or section 65.

67 Communicating false information affecting safety

(1)

Every person commits an offence who by any means provides to another person information relating to the safety of a ship, maritime product, or any other facility or product used in or connected with maritime activities, or any person associated therewith, knowing the information to be false or in a manner reckless as to whether it is false.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(3)

Where the commission of an offence against subsection (1) causes financial loss to any person and the court imposes a fine under subsection (2) in respect of that offence, the court may order that such part of the fine as it thinks fit, but in any event not more than one-half of the fine, be awarded to that person.

Compare: 1990 No 98 s 56

Section 67(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

67A Offence for submerged load lines

(1)

Every person commits an offence who allows a ship’s load lines to be submerged—

(a)

when the ship proceeds to sea; or

(b)

during a voyage; or

(c)

on the ship’s arrival into port.

(2)

A ship’s load lines are submerged if—

(a)

the ship is in salt water and has no list and the appropriate load line on each side of the ship, as prescribed by the maritime rules, is submerged:

(b)

the appropriate load line on each side of the ship, as prescribed by maritime rules, would be submerged if the ship were in salt water and had no list.

(3)

Every person who commits an offence against subsection (1) is liable,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in either case, to an additional penalty under section 409.

Section 67A: inserted, on 23 October 2013, by section 20 of the Maritime Transport Amendment Act 2013 (2013 No 84).

67B Other offences

(1)

Subject to an exemption given under section 47, every person commits an offence who—

(a)

operates a ship without the prescribed number of seafarers or qualified personnel:

(b)

operates a ship outside its prescribed operating limits:

(c)

knowingly breaches any requirement specified in this Act or in regulations or rules made under this Act for the carriage of dangerous goods.

(2)

Every person who commits an offence against subsection (1)(a), (b), or (c) is liable,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in either case, to an additional penalty under section 409.

Section 67B: inserted, on 23 October 2013, by section 20 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Offences in relation to maritime document

68 Acting without necessary maritime document

(1)

Every person commits an offence who—

(a)

operates, maintains, or services; or

(b)

does any other act in respect of—

any ship or maritime product, without holding the appropriate current maritime document.

(2)

Every person commits an offence who—

(a)

operates, maintains, or services; or

(b)

does any other act in respect of—

any ship or maritime product knowing that a current maritime document is required to be held in respect of that ship or product before that act may lawfully be done and knowing that the appropriate document is not held.

(3)

Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in any case, to an additional penalty under section 409.

(4)

For the purposes of this section,—

(a)

a maritime document is not a current maritime document if it is for the time being suspended under this Act:

(b)

a maritime document is not a current maritime document in relation to an act if the endorsement that is required to authorise that act is for the time being suspended under this Act.

Compare: 1990 No 98 s 46

Section 68(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 68(4): added, on 9 June 1999, by section 10 of the Maritime Transport Amendment Act 1999 (1999 No 68).

69 Applying for maritime document while disqualified

(1)

Every person commits an offence who applies for or obtains a maritime document while disqualified by an order of a court from obtaining such a document and any such document so obtained shall be of no effect.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000:

(b)

in the case of a body corporate, to a fine not exceeding $20,000;—

and the court may order the person to be disqualified from holding or obtaining a maritime document for such period not exceeding 12 months as the court thinks fit.

Compare: 1990 No 98 s 48

Section 69(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69A Acting in breach of maritime documents

(1)

Every person who operates, maintains, or services a ship, or does any other act in respect of a ship commits an offence if the provisions and conditions of the appropriate maritime document are not complied with.

(2)

Every person who commits an offence against subsection (1) is liable,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in either case, to an additional penalty under section 409.

Section 69A: inserted, on 23 October 2013, by section 21 of the Maritime Transport Amendment Act 2013 (2013 No 84).

69B Knowingly employing seafarers without maritime documents

(1)

Every person commits an offence who knowingly employs a seafarer who does not hold the appropriate maritime document.

(2)

Every person who commits an offence against subsection (1) is liable,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000:

(c)

in either case, to an additional penalty under section 409.

Section 69B: inserted, on 23 October 2013, by section 21 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Other offences

70 Failure to comply with inspection or audit request

(1)

Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under subsection (1) or subsection (3) of section 54.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:

(b)

in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:

(c)

in any case, to an additional penalty under section 409.

Compare: 1990 No 98 s 44A; 1992 No 75 s 23

Section 70(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

71 Failure to comply with Part 3

(1)

Every person commits an offence who, without reasonable excuse, contravenes or fails to comply with any provision of any of sections 20, 21, 22, 23, 25, 30, and 31.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000:

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

(3)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse, contravenes or fails to comply with any provision of section 26.

Section 71(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 71(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Penalties[Repealed]

Heading: repealed, on 5 May 2003, pursuant to section 35(1)(e) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

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

Section 72: repealed, on 5 May 2003, by section 35(1)(e) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Disqualification

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

(1)

In addition to any penalty a court may impose under section 64 or section 65 or section 70, the court, on convicting any person of an offence against any of those sections, may by order do all or any of the following, namely,—

(a)

disqualify the person convicted from holding or obtaining a maritime document, or a particular maritime document, issued by the Director:

(b)

impose on any maritime document held by or issued to the person convicted such restrictions or conditions or both as the court, having regard to the circumstances of the offence, thinks fit,—

for such period not exceeding 12 months as the court thinks fit.

(2)

Nothing in subsection (1) shall affect or prevent the exercise by the Director of his or her powers under Part 5.

Compare: 1990 No 98 s 45

74 Effect of disqualification

(1)

Where the holder of a maritime document is disqualified by an order of a court from holding or obtaining a maritime document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect.

(2)

Where the holder of a maritime document is disqualified by an order of a court from holding or obtaining such a document, and the disqualification will expire before the expiration of the term of the document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director may from time to time specify.

Compare: 1990 No 98 s 59

75 Commencement of period of disqualification

Where an order is made by a court disqualifying any person for a period from holding or obtaining a maritime document, the period of disqualification shall commence on the date of the making of the order unless the court making the order directs that the period of disqualification shall commence on a later date.

Compare: 1990 No 98 s 60

76 Retention and custody of documents

(1)

Where, by an order of a court, the holder of a maritime document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to—

(a)

the court where the order was made; or

(b)

the Authority.

(2)

Where a maritime document is so surrendered, it shall forthwith be forwarded to the Director who shall endorse the terms of the disqualification on the document and retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.

(3)

If the person entitled to the document is a person to whom section 74(2) applies, the document shall not be returned to that person until that person has passed the tests and fulfilled the requirements referred to in that provision.

Compare: 1990 No 98 s 61

77 Removal of disqualification

(1)

Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining a maritime document, or is disqualified from being recognised as the holder of a maritime document, may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court by which that order was made to remove the disqualification.

(2)

On an application under this section, the court may, having regard to the character of the applicant and the applicant’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application.

(3)

In the case of a disqualification ordered by a District Court, every application under this section shall be made to a District Court Judge exercising jurisdiction in the court by which the order was made.

(4)

Notice of every application under this section shall be served on the Director who shall have a right to appear and be heard in respect of the matter.

Compare: 1990 No 98 s 62

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

Where a court makes an order under section 73 or section 77, the Registrar of the court shall send to the Director particulars of the order.

Compare: 1990 No 98 s 63

79 Appeals

(1)

For the purposes of Part 6 of the Criminal Procedure Act 2011, an order of a District Court by which any person is disqualified from holding or obtaining a maritime document shall be deemed to be a sentence or part of a sentence, as the case may be. If a notice of appeal against any such order is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order shall have immediate effect.

(2)

Any person whose application under section 77 to the District Court is refused may appeal against the refusal to the High Court in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

(3)

Any person whose application under section 77 to the High Court is refused may appeal to the Court of Appeal against the refusal in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

(4)

Where application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal.

(5)

Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director who shall have a right to appear and be heard in respect of the matter.

(6)

In determining the expiration of the period for which a person is disqualified from holding or obtaining a maritime document, any time during which the operation of the relevant order is deferred under this section shall be disregarded.

Compare: 1990 No 98 s 64

Section 79(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 79(2): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 79(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Further provisions relating to offences[Repealed]

Heading: repealed, on 5 May 2003, pursuant to section 35(1)(f) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

80 Amendment of indictment or information
[Repealed]

Section 80: repealed, on 5 May 2003, by section 35(1)(f) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

81 Strict liability and defences
[Repealed]

Section 81: repealed, on 5 May 2003, by section 35(1)(f) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Maritime Appeal Authority

82 Continuation of Maritime Appeal Authority

(1)

There shall continue to be an authority called the Maritime Appeal Authority.

(2)

The person appointed as the Maritime Appeal Authority under the Shipping and Seamen Act 1952 is hereby appointed as the first Maritime Appeal Authority under this Act.

(3)

Every subsequent Maritime Appeal Authority shall be appointed by the Minister after consultation with the Minister of Justice.

(4)

The functions of the Maritime Appeal Authority shall be to consider and determine applications made to the Authority pursuant to section 52.

(5)

In making its determinations the Maritime Appeal Authority shall have regard to the potential effect on the risk to maritime safety of the suspended person being employed as a seafarer.

(6)

The provisions of Schedule 2 shall apply in relation to the office of the Maritime Appeal Authority.

Part 7 Limitation of liability for maritime claims

Part 7 heading: replaced, on 23 October 2013, by section 22 of the Maritime Transport Amendment Act 2013 (2013 No 84).

83 Application of this Part

This Part applies to every ship (whether registered or not and whether a New Zealand ship or not) in any circumstances in which the High Court has jurisdiction under section 4 of the Admiralty Act 1973.

Compare: 1952 No 49 s 458; 1987 No 184 s 22(1)

84 Interpretation

(1)

In this Part,—

LLMC Convention means the Convention on the Limitation of Liability for Maritime Claims done at London on 19 November 1976, a copy of the English text of which is set out in Schedule 8

LLMC Protocol means the Protocol of 1996 to amend the LLMC Convention done at London on 2 May 1996, a copy of the English text of which is set out in Schedule 9.

(2)

In the LLMC Convention and LLMC Protocol, ship or seagoing ship

(a)

means every description of vessel (including barges, lighters, and like vessels) used or intended to be used in navigation, however propelled; and

(b)

includes any structure (whether completed or not) launched and intended for use as a ship or part of a ship; and

(c)

includes any ship used by or set aside for the New Zealand Defence Force.

Section 84: replaced, on 23 October 2013, by section 23 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

The provisions of the LLMC Convention as amended by the LLMC Protocol have the force of law in New Zealand.

Section 84A: inserted, on 23 October 2013, by section 24 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

Section 85: repealed, on 23 October 2013, by section 25 of the Maritime Transport Amendment Act 2013 (2013 No 84).

86 Claims subject to limitation of liability

(1)

[Repealed]

(2)

[Repealed]

(3)

The limitation of liability under the LLMC Convention also

(a)
[Repealed]

(b)
[Repealed]

(c)

applies in respect of each distinct occasion, without regard to any liability arising on any other distinct occasion; and

(d)

applies, subject to subsection (4), whether the liability arises at common law or under any other enactment, and notwithstanding anything in any other enactment.

(4)

This Part and Articles 2, 3, and 9 of the LLMC Convention do not limit or affect—

(a)

section 33J, 33K, or 110 of this Act; or

Compare: 1952 No 49 s 461; 1987 No 184 s 22(1)

Section 86(1): repealed, on 23 October 2013, by section 26(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 86(2): repealed, on 23 October 2013, by section 26(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 86(3): amended, on 23 October 2013, by section 26(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 86(3)(a): repealed, on 23 October 2013, by section 26(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 86(3)(b): repealed, on 23 October 2013, by section 26(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 86(4): replaced, on 23 October 2013, by section 26(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

87 Calculation of limits of liability

(1)

[Repealed]

(2)

[Repealed]

(3)

[Repealed]

(4)

[Repealed]

(5)

For the purposes of Articles 6 and 7 of the LLMC Convention,—

(a)
[Repealed]

(b)
[Repealed]

(c)

where the gross tonnage of a ship is unable to be ascertained,—

(i)

the Director, on receiving from or by the direction of the court hearing the case in which the tonnage of the ship is in question such evidence of the dimensions of the ship as is available, shall estimate what the gross tonnage of the ship would have been if the ship had been duly measured in accordance with the relevant tonnage measurement rules, and give a certificate of the tonnage as estimated by the Director; and

(ii)

the tonnage so estimated shall be taken to be the gross tonnage of the ship.

(d)
[Repealed]

Compare: 1952 No 49 s 462; 1987 No 184 s 22(1)

Section 87(1): repealed, on 23 October 2013, by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 87(2): repealed, on 23 October 2013, by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 87(3): repealed, on 23 October 2013, by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 87(4): repealed, on 23 October 2013, by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 87(5): amended, on 23 October 2013, by section 27(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 87(5)(a): repealed, on 23 October 2013, by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 87(5)(b): repealed, on 23 October 2013, by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 87(5)(d): repealed, on 23 October 2013, by section 27(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

87A Governor-General may notify amended limits

(1)

If the limits of liability specified in Article 6, 7, or 8 of the LLMC Convention (as amended by the LLMC Protocol) are amended in accordance with Article 8 of the LLMC Protocol, the Governor-General, may, by Order in Council, notify—

(a)

the new limits; and

(b)

the date from which those limits take effect in accordance with Article 8 of the LLMC Protocol.

(2)

The limits notified in accordance with subsection (1), may, in the absence of proof to the contrary, be taken in any proceedings to be the current limits.

Section 87A: inserted, on 23 October 2013, by section 28 of the Maritime Transport Amendment Act 2013 (2013 No 84).

88 Units of account

(1)

[Repealed]

(2)

For the purposes of paragraph 1 of Article 8 of the LLMC Convention, a certificate given by or on behalf of the Secretary to the Treasury stating—

(a)

that a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or

(b)

that no sum has been fixed for that date, and that a particular sum has been so fixed for the date most recently preceding a particular date,—

shall, in any proceedings, be received in evidence and, in the absence of proof to the contrary, be sufficient evidence of the value of the New Zealand currency for the purposes of paragraph 1 of Article 8 of the LLMC Convention.

Compare: 1952 No 49 s 463; 1987 No 184 s 22(1)

Section 88(1): repealed, on 23 October 2013, by section 29(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 88(2): amended, on 23 October 2013, by section 29(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

89 Court may consolidate claims
[Repealed]

Section 89: repealed, on 23 October 2013, by section 30 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

Section 90: repealed, on 23 October 2013, by section 30 of the Maritime Transport Amendment Act 2013 (2013 No 84).

91 Release of ship where security given
[Repealed]

Section 91: repealed, on 23 October 2013, by section 30 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Part 8 Liability where 2 or more ships involved

92 Application of this Part

This Part applies to every ship (whether registered or not and whether a New Zealand ship or not) in any circumstances in which the High Court has jurisdiction under section 4 of the Admiralty Act 1973.

Compare: 1952 No 49 s 467; 1987 No 184 s 23

93 Interpretation

(1)

In this Part, unless the context otherwise requires,—

owner, in relation to a ship at fault, means every person who owns the ship or any interest in the ship; and includes every other person who is responsible for the fault of the ship; and in any case where, by virtue of any charter or demise or for any other reason, the owner is not responsible for the navigation and management of the ship, also includes every person who is responsible for the navigation and management of the ship

salvage services has the same meaning as in section 84

ship means every description of vessel (including barges, lighters, and like vessels) used or intended to be used in navigation, however propelled; and includes any structure (whether completed or not) launched and intended for use as a ship or part of a ship; and also includes any ship used by or set aside for the New Zealand Defence Force.

(2)

In this Part, reference to damage or loss caused by the fault of a ship shall be construed as including references to any salvage or other expenses consequent upon that fault recoverable at law by way of damages.

Compare: 1952 No 49 s 468; 1987 No 184 s 23

94 Division of loss

(1)

Subject to the succeeding provisions of this section, where, by the fault of 2 or more ships, damage or loss is caused to 1 or more of them, or to their cargoes or freight, or to any other property on board, the liability to make good the damage or loss shall be in proportion to the degree to which each ship was at fault.

(2)

If, in any case to which subsection (1) applies, it is not possible to establish different degrees of fault, having regard to all the circumstances of the case, the liability shall be apportioned equally.

(3)

Nothing in this section shall—

(a)

render any ship liable for any loss or damage to which the fault of that ship has not contributed; or

(b)

affect the liability of any person under a contract of carriage, or any other contract; or

(c)

impose any liability upon any person from which that person is exempted by any contract or by any provision of law; or

(d)

affect the right of any person to limit that person’s liability in the manner provided by law.

Compare: 1952 No 49 s 469; 1987 No 184 s 23

95 Damages for personal injury

(1)

Subject to subsection (2), where, by the fault of 2 or more ships, any person on board one of the ships is killed or injured, the liability of the owners of the ships shall be joint and several.

(2)

Nothing in subsection (1) shall—

(a)

deprive any person of any right of defence on which, had this section not been enacted, that person might have relied in an action brought against that person by the injured person or by any person entitled to sue in respect of the death of any person on board; or

(b)

affect the right of any person to limit that person’s liability in the manner provided by law.

Compare: 1952 No 49 s 470; 1987 No 184 s 23

96 Right of contribution

(1)

Subject to subsection (2), where, by the fault of 2 or more ships, any person on board one of the ships is killed or injured, and a proportion of the damages is recovered against the owners of one of the ships that exceeds the proportion in which that ship was at fault, those owners may recover the amount of the excess by way of contribution from the owners of the other ship or ships to the extent to which those ships were respectively at fault.

(2)

No amount shall be recovered under subsection (1) that could not, by reason of any statutory or contractual limitation of or exemption from liability, or for any other reasons, have been recovered in the first instance as damages by the persons entitled to sue for damages.

(3)

In addition to any other remedy provided by law, the persons entitled to any contribution under this section shall, for the purpose of recovering the contribution, have, subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.

Compare: 1952 No 49 s 471; 1987 No 184 s 23

97 Limitation of actions

(1)

Subject to subsections (3) and (4), no action may be brought to enforce any claim or lien against a ship (the defendant ship) or the owners of the ship, if the action concerns—

(a)

any damage or loss to another ship, or to cargo or freight of another ship, or to any other property on board another ship, that was caused wholly or partly by the fault of the defendant ship; or

(b)

damages for loss of life or personal injuries suffered by any person on board another ship, that were caused wholly or partly by the fault of the defendant ship,—

unless proceedings are commenced within 2 years after the date when the damage or loss or injury was caused.

(2)

Subject to subsections (3) and (4), no action shall be maintainable under section 96 to recover any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings are commenced within 1 year after the date of payment.

(3)

If, in any case to which subsection (1) or subsection (2) applies, the High Court is satisfied that there has not been a reasonable opportunity to arrest the defendant ship—

(a)

at any port in New Zealand; or

(b)

within New Zealand waters; or

(c)

locally within the jurisdiction of the country to which the plaintiff’s ship belongs or in which the plaintiff resides or has his or her principal place of business,—

within the period specified by subsection (1) or (as the case may require) subsection (2), the court shall, on the application of the plaintiff, extend that period to an extent sufficient to give such a reasonable opportunity.

(4)

Without limiting subsection (3), in any case to which subsection (1) or subsection (2) applies, the High Court may, in accordance with rules of court, extend the period referred to in the appropriate one of those subsections to such extent and on such conditions as it thinks fit.

(5)

This section shall not apply to proceedings in respect of any alleged fault of a ship used by or set aside for the New Zealand Defence Force.

(6)

Subsection (3) shall not apply to any ships of the Crown.

(7)

This section shall not limit or affect section 110, or anything in the Injury Prevention, Rehabilitation, and Compensation Act 2001 or Parts 18 to 26A of this Act or the Carriage of Goods Act 1979.

Compare: 1952 No 49 s 471A; 1987 No 184 s 23

Section 97(1): substituted, on 16 October 2003, by section 11(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 97(7): amended, on 23 October 2013, by section 31 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 97(7): amended, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49).

Section 97(7): amended, on 9 June 1999, by section 11(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Part 9 Wreck of ships and aircraft

Part 9 heading: amended, on 16 October 2003, by section 12 of the Maritime Transport Amendment Act 1999 (1999 No 68).

98 Interpretation

In this Part, unless the context otherwise requires,—

Crown entity has the same meaning as in section 7 of the Crown Entities Act 2004

tidal water means—

(a)

any part of the sea:

(b)

any part of a river within the ebb and flow of the tide at mean spring tides

wreck includes—

(a)

any ship or aircraft which is abandoned, stranded, or in distress at sea or in any river or lake or other inland water, or any equipment or cargo or other articles belonging to or separated from any such ship or aircraft or belonging to or separated from any ship or aircraft which is lost at sea or in any river or lake or other inland water; and

(b)

shipping containers and property lost overboard or similarly separated from a ship, other than cargo lost in the course of its unloading or discharge from the ship while the ship is in a port.

Compare: 1950 No 34 s 2(1); 1952 No 49 s 2(1); 1987 No 184 s 2(1)

Section 98 Crown entity: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 98 Receiver: repealed, on 9 June 1999, by section 13(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 98 salvage: repealed, on 16 October 2003, by section 13(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 98 salvage services: repealed, on 16 October 2003, by section 13(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 98 salvor: repealed, on 16 October 2003, by section 13(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 98 wreck: substituted, on 9 June 1999, by section 13(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).

99 Director may appoint Receivers
[Repealed]

Section 99: repealed, on 9 June 1999, by section 20(1)(a) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Ships and aircraft in distress

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

(1)

If any ship or aircraft is wrecked, stranded, or in distress at any place on or over or near the coasts of New Zealand or any tidal waters within the limits of New Zealand or any river or lake or other inland water, the Director may give such directions as he or she thinks fit for the preservation of all or any of the following:

(a)

the ship or aircraft:

(b)

the lives of the passengers and crew (who are in this Part referred to as the shipwrecked persons):

(c)

the equipment and cargo of the ship or aircraft.

(2)

[Repealed]

(3)

The Director may, with a view to the preservation of the lives of the shipwrecked persons or of the ship or aircraft or of its cargo or equipment,—

(a)

require such persons as the Director thinks necessary to assist him or her:

(b)

require the master or other person having the charge of any ship near at hand to give such aid with his or her crew or ship as may be within the master’s power:

(c)

demand the use of any vehicle that may be near at hand.

(4)

Every person commits an offence who—

(a)

wilfully disobeys the lawful direction of the Director; or

(b)

refuses without reasonable cause to comply with any lawful requisition or demand made by the Director under this section.

(5)

No power conferred by this section shall be exercised so as to conflict with the exercise of a power, or any lawful directions given, by—

(a)

a harbourmaster (as defined in section 222(1)); or

(b)

an on-scene commander (as defined in section 281); or

(c)

a person under Part 5 of the Civil Defence Emergency Management Act 2002; or

(d)

a Recovery Co-ordinator appointed under the Civil Defence Emergency Management Act 2002 and acting under that Act; or

(e)
[Repealed]

(f)

any constable under section 10 of the International Terrorism (Emergency Powers) Act 1987; or

(h)

the Minister under section 255.

(i)
[Repealed]

(6)

The Director may recover as a debt due from the owner of the ship or aircraft, or of the cargo or equipment, the costs of his or her intervention under this section in respect of that ship, aircraft, cargo, or equipment, other than costs in respect of the preservation of life.

Compare: 1952 No 49 s 343; 1963 No 129 s 23

Section 100 heading: substituted, on 9 June 1999, by section 14 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 100(1): substituted, on 9 June 1999, by section 14(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 100(2): repealed, on 9 June 1999, by section 14(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 100(3): amended, on 9 June 1999, by section 14(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 100(3)(a): amended, on 9 June 1999, by section 14(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 100(4)(a): amended, on 23 October 2013, by section 32 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 100(4)(b): amended, on 23 October 2013, by section 32 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 100(5)(c): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

Section 100(5)(d): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

Section 100(5)(e): repealed, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

Section 100(5)(f): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 100(5)(h): substituted, on 9 June 1999, by section 14(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 100(5)(i): repealed, on 9 June 1999, by section 14(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 100(6): added, on 9 June 1999, by section 14(4) of the Maritime Transport Amendment Act 1999 (1999 No 68).

100A Responsibility of owner of ship or aircraft in distress

(1)

If any ship or aircraft is wrecked, stranded, or in distress at any place on or over or near the coasts of New Zealand or any tidal waters within the limits of New Zealand or any river or lake or other inland water, and the Director notifies the owner of the ship or aircraft that he or she considers that the ship or aircraft, or its equipment or cargo, is a hazard to navigation, the owner must make arrangements to secure and remove the hazard.

(2)

This section is subject to section 100 and nothing in this section affects or limits any right, privilege, or power exercisable in relation to a ship or aircraft, or its equipment or cargo, by the Director or any other person under any other enactment or any rule of law.

(3)

A person commits an offence if the person contravenes subsection (1).

Section 100A: inserted, on 9 June 1999, by section 15 of the Maritime Transport Amendment Act 1999 (1999 No 68).

101 Right of passage over adjoining lands

(1)

Where a ship or aircraft is wrecked, stranded, or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the ship or aircraft, or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the ship or aircraft, unless there is some public road equally convenient, pass and repass, either with or without vehicles or equipment, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the ship or aircraft.

(2)

Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the ship or aircraft or cargo or articles in respect of or by which the damage is occasioned.

(3)

Every owner or occupier of land commits an offence who—

(a)

impedes or hinders any person in the exercise of the rights given by this section, by locking his or her gates, or refusing upon request to open the same, or otherwise; or

(b)

impedes or hinders the deposit on the land of any cargo or other article recovered from the ship or aircraft as aforesaid; or

(c)

prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit.

Compare: 1952 No 49 s 344

Section 101(2): amended, on 9 June 1999, by section 16 of the Maritime Transport Amendment Act 1999 (1999 No 68).

102 Receiver to suppress plunder and disorder
[Repealed]

Section 102: repealed, on 9 June 1999, by section 20(1)(b) of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

Section 103: repealed, on 9 June 1999, by section 20(1)(c) of the Maritime Transport Amendment Act 1999 (1999 No 68).

104 Receiver to make inquiry
[Repealed]

Section 104: repealed, on 9 June 1999, by section 20(1)(d) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Dealing with wreck

105 Rules to be observed by person finding wreck

(1)

If a person finds or takes possession of any wreck within the limits of New Zealand, or takes possession of and brings within the limits of New Zealand any wreck found outside those limits, the following provisions apply:

(a)

the person must, as soon as is reasonably practicable after finding or taking possession of the wreck, notify the Director that the person has found or taken possession of the wreck:

(b)

if the person is not the owner of the wreck, the person must, as soon as is reasonably practicable after finding or taking possession of the wreck, either deliver it to the Police or allow the Police to take possession of it.

(1A)

The Director may transmit to such persons and agencies as the Director thinks appropriate any information received by him or her under subsection (1).

(2)

[Repealed]

(3)

Every person commits an offence who, without reasonable excuse, fails to comply with this section, and shall in addition, if he or she is not the owner, forfeit any claim to salvage, and shall be liable to pay to the owner of the wreck if it is claimed, or, if it is unclaimed, to the person entitled to the same, double the value thereof, to be recovered in the same way as a fine of a like amount under this Act.

Compare: 1952 No 49 s 348; 1963 No 129 s 23

Section 105(1): substituted, on 9 June 1999, by section 17(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 105(1)(a): amended, on 23 October 2013, by section 33 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 105(1)(b): amended, on 23 October 2013, by section 33 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 105(1A): inserted, on 9 June 1999, by section 17(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 105(2): repealed, on 9 June 1999, by section 17(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

Section 106: repealed, on 9 June 1999, by section 20(1)(e) of the Maritime Transport Amendment Act 1999 (1999 No 68).

107 Claims to wreck
[Repealed]

Section 107: repealed, on 9 June 1999, by section 20(1)(f) of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

Section 108: repealed, on 9 June 1999, by section 20(1)(g) of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

Section 109: repealed, on 9 June 1999, by section 20(1)(h) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Removal of hazards to navigation

110 Removal of hazards to navigation

(1)

The Director may cause to be removed any ship or aircraft referred to in section 100A, or any derelict ship, or any floating or submerged or stranded object, (the hazard), if—

(a)

the owner of the hazard has not made arrangements under that section to secure and remove the hazard; and

(b)

no regional council has jurisdiction over the waters or place where the hazard is located; and

(c)

the Director considers the hazard is a hazard to navigation; and

(d)

the action taken to remove the hazard is not inconsistent with the Resource Management Act 1991.

(2)

The Director may, by notice in writing given to the owner or master or person in command of the hazard, or to any agent of the owner, require that person to remove the whole or any part of that hazard in a manner satisfactory to, and within a time to be specified by, the Director.

(3)

If a person fails to comply with the notice, or if a person to whom the notice can be given cannot be found, the Director or a person authorised by the Director may—

(a)

take possession of and remove or destroy the whole or any part of the hazard; and

(b)

sell, in such manner as he or she thinks fit, the hazard or any part of it that is so removed, and also any property recovered from it, in the exercise of his or her powers under this section; and, out of the proceeds of any such sale, without any reference to the articles from the sale of which those proceeds arise, recover the whole of the expenses of removal; and

(c)

if the proceeds of the sale are insufficient to pay the whole of the expenses of removal, recover the balance from the owner or master or person in command of the hazard, or from the owner of any ship or aircraft or from any other person if the sinking, stranding, or abandonment occurred through the fault or negligence of that ship, aircraft, or person.

(4)

The Director or a person authorised by the Director must hold the surplus (if any) of the proceeds of any sale under this section and dispose of the surplus to the owner of the hazard or any other persons entitled to receive the surplus.

(5)

This section applies to every article belonging to or forming part of a ship or aircraft, as it applies to a ship or aircraft; and the proceeds of the sale under this section of any ship or aircraft or any part of it or other property recovered from it must be regarded as a common fund.

(6)

In this section, owner, in relation to any hazard, includes not only the owner or owners at the time of the sinking, stranding, abandonment, or other event, but also any subsequent purchaser of the hazard or of any article belonging to it or forming part of it, as long as the hazard remains a hazard to navigation.

Compare: 1952 No 49 s 353

Section 110: substituted, on 9 June 1999, by section 18 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Offences in respect of wreck[Repealed]

Heading: repealed, on 9 June 1999, pursuant to section 20(1)(j) of the Maritime Transport Amendment Act 1999 (1999 No 68).

111 Offences in respect of wreck
[Repealed]

Section 111: repealed, on 9 June 1999, by section 20(1)(i) of the Maritime Transport Amendment Act 1999 (1999 No 68).

112 Receiver may seize concealed wreck
[Repealed]

Section 112: repealed, on 9 June 1999, by section 20(1)(j) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Salvage[Repealed]

Heading: repealed, on 16 October 2003, pursuant to section 20(1)(l) of the Maritime Transport Amendment Act 1999 (1999 No 68).

113 Salvage for saving life
[Repealed]

Section 113: repealed, on 16 October 2003, by section 20(1)(k) of the Maritime Transport Amendment Act 1999 (1999 No 68).

114 Salvage of cargo or wreck
[Repealed]

Section 114: repealed, on 16 October 2003, by section 20(1)(l) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Procedure in salvage[Repealed]

Heading: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

115 Settlement of disputes as to salvage
[Repealed]

Section 115: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

116 Settlement of disputes by District Court
[Repealed]

Section 116: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

Section 117: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

118 Valuation of wreck
[Repealed]

Section 118: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

119 Enforcing payment of salvage
[Repealed]

Section 119: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

Section 120: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

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

Section 121: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

122 High Court may apportion
[Repealed]

Section 122: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

123 Salvage claims against the Crown
[Repealed]

Section 123: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

124 Salvage claims by the Crown
[Repealed]

Section 124: repealed, on 16 October 2003, by section 20(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Fees of Receivers[Repealed]

Heading: repealed, on 9 June 1999, by section 20(1)(m) of the Maritime Transport Amendment Act 1999 (1999 No 68).

125 Fees to be paid to Receiver
[Repealed]

Section 125: repealed, on 9 June 1999, by section 20(1)(m) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Duties on wreck

126 Foreign wreck subject to duties as an importation

(1)

All wreck, being goods brought or coming into New Zealand from a place outside New Zealand, shall be subject to the same duties as if the same was imported into New Zealand, and if any question arises as to the origin of the goods they shall be deemed to be the produce of such country as the chief executive of the New Zealand Customs Service may on investigation determine.

(2)

The chief executive of the New Zealand Customs Service may permit all goods saved from any ship or aircraft stranded or wrecked on its homeward voyage to be forwarded to the port of its original destination, and all goods saved from any ship or aircraft stranded or wrecked on its outward voyage to be returned to the port at which they were laden; but the chief executive of the New Zealand Customs Service shall take security for the due protection of the revenue in respect of those goods.

(3)

In this section, the term goods includes any part of any ship or aircraft and the cargo, machinery, and equipment thereof, and any other property belonging thereto.

Compare: 1952 No 49 s 370

Section 126(1): amended, on 1 October 1996, pursuant to section 294(3) of the Customs and Excise Act 1996 (1996 No 27).

Section 126(2): amended, on 1 October 1996, pursuant to section 294(3) of the Customs and Excise Act 1996 (1996 No 27).

127 Penalties

(1)

Every person who commits an offence against section 100 or section 100A or section 101 is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000:

(b)

in the case of a body corporate, to a fine not exceeding $10,000.

(2)

Every person who commits an offence against section 105 is liable on conviction to a fine not exceeding $5,000 and, if the offence is a continuing one, to a further fine not exceeding $250 for every day or part of a day during which the offence is continued.

Compare: 1952 No 49 s 480(2)

Section 127(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 127(1): amended, on 9 June 1999, by section 19(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 127(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 127(2): amended, on 9 June 1999, by section 19(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).

Part 10 Construction, survey, and equipment

[Repealed]

Part 10: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

128 Interpretation
[Repealed]

Section 128: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

129 Application of this Part
[Repealed]

Section 129: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

130 Surveyors
[Repealed]

Section 130: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

131 Notice to be given before work commenced
[Repealed]

Section 131: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

132 Notice to be given before use changed
[Repealed]

Section 132: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Requirement of survey[Repealed]

Heading: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

133 Certain ships to be surveyed
[Repealed]

Section 133: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 134: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Conduct of surveys[Repealed]

Heading: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

135 Initial, intermediate, and periodical surveys
[Repealed]

Section 135: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

136 Additional surveys
[Repealed]

Section 136: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 137: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 138: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

139 Duties of Director on receipt of notice
[Repealed]

Section 139: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

140 Declarations of survey
[Repealed]

Section 140: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Certificates[Repealed]

Heading: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

141 Interim certificates
[Repealed]

Section 141: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

142 Safety Convention certificates
[Repealed]

Section 142: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

143 Certificates of survey
[Repealed]

Section 143: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

144 Requirement to hold appropriate certificate
[Repealed]

Section 144: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

145 Dispensation from having appropriate certificate
[Repealed]

Section 145: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

146 Conditions in respect of certificates
[Repealed]

Section 146: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

147 More than 1 certificate in respect of same ship
[Repealed]

Section 147: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

148 Duration of Safety Convention certificates
[Repealed]

Section 148: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

149 Duration of certificate of survey
[Repealed]

Section 149: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

150 Display of certificates
[Repealed]

Section 150: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

151 Offence in respect of display of certificates
[Repealed]

Section 151: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Special provisions relating to barges[Repealed]

Heading: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

152 Application of sections 153 to 155
[Repealed]

Section 152: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

153 Certificates of completion required for certain barges
[Repealed]

Section 153: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

154 Certificates of completion
[Repealed]

Section 154: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 155: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

156 Government ships
[Repealed]

Section 156: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Part 11 Load lines

[Repealed]

Part 11: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

157 Interpretation
[Repealed]

Section 157: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

158 Application of this Part
[Repealed]

Section 158: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

159 Load line ships and certificates
[Repealed]

Section 159: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

160 Issue of load line certificates
[Repealed]

Section 160: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

161 Duty to comply with Load Line Regulations
[Repealed]

Section 161: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

162 Overloading
[Repealed]

Section 162: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

163 Offences in relation to markings
[Repealed]

Section 163: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 164: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 165: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

166 Use of timber load lines
[Repealed]

Section 166: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 167: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Part 12 Safety at sea

[Repealed]

Part 12: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

168 Interpretation
[Repealed]

Section 168: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Prevention of collisions[Repealed]

Heading: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

169 Application of Collision Regulations
[Repealed]

Section 169: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

170 Observance of Collision Regulations
[Repealed]

Section 170: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

General provisions relating to safety[Repealed]

Heading: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

171 Radio messages
[Repealed]

Section 171: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 172: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

173 Dangerous goods
[Repealed]

Section 173: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

174 Deck cargo
[Repealed]

Section 174: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

175 Livestock
[Repealed]

Section 175: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

176 Grain
[Repealed]

Section 176: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

177 Minister may define restricted limits
[Repealed]

Section 177: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 178: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 179: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

180 Crew accommodation
[Repealed]

Section 180: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

181 Official logbook to be kept
[Repealed]

Section 181: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

182 Matters to be entered in logbook
[Repealed]

Section 182: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

183 Chief engineer to keep engine room logbook
[Repealed]

Section 183: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

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

Section 184: repealed, on 2 February 1998 (after expiring on 1 February 1998), by section 187.

Part 13 Transitional provisions relating to Parts 10 to 12

185 Penalties

(1)

Every person who commits an offence against any of sections 131, 132, and 171 shall be liable on conviction to a fine not exceeding $5,000 and, if the offence is a continuing one, to a further fine not exceeding $250 for every day or part of a day during which the offence is continued.

(2)

Every person who commits an offence against any of sections 133, 136, 144, 146, 155, 161, and 173 is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(3)

Every person who commits an offence against any of sections 147, 170(3), 174(5), 175(3), 176(3), 178, 180, 181, 183, and 184 is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000:

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

(4)

Every person who commits an offence against section 151 or section 164(3) is liable on conviction to a fine not exceeding $2,000 and, if the offence is a continuing one, to a further fine not exceeding $100 for every day or part of a day during which the offence is continued.

(5)

Every person who commits an offence against section 172(2) is liable on conviction to a fine not exceeding $10,000.

Section 185(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 185(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 185(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 185(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 185(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

186 Documents issued under Parts 10 to 12

Every licence, certificate, permit, authorisation, approval, or other document issued, recognised, or accepted by the Director under any of Parts 10, 11, and 12 shall be deemed to be a maritime document issued, recognised, or accepted, as the case may be, under this Act, and shall accordingly have effect and be subject to the provisions of this Act or regulations or rules made under this Act.

187 Expiry of Parts 10 to 12

Parts 10, 11, and 12 shall expire with the close of the period of 3 years beginning on the date of commencement of this Act, and on the day after the day on which that period closes those Parts shall be deemed to be repealed.

Part 14 General provisions relating to shipping

Duty of assistance

188 Duty of assistance

Every person on whom any duty is imposed by this Act—

(a)

shall at all reasonable times furnish; and

(b)

shall ensure that at all reasonable times the person’s agents and employees furnish—

the means required by the Authority, its employees, the Director, or their respective agents for an entry, inspection, examination, audit, inquiry, or the exercise of any other power, under this Act in relation to the duty.

Compare: 1992 No 96 s 47

Maritime Registry

189 Maritime Registry

(1)

The Authority shall establish a Maritime Registry.

(2)

Copies or appropriate evidence of the following shall be recorded and maintained at the Registry:

(a)

every maritime document and every marine protection document issued by the Director:

(b)

every regulation made under this Act, and every rule notified in the Gazette and for the time being in force:

(c)

every item incorporated by reference into rules under section 452:

(d)

every accident, incident, and mishap notification given under section 31:

(e)

every delegation, authorisation, notification of recognition of a document as a maritime document or marine protection document, and exemption granted in writing under this Act:

(f)

the address for service of—

(i)

every current applicant for a maritime document or marine protection document; and

(ii)

every current holder of a maritime document or marine protection document; and

(iii)

every person who holds a document recognised under this Act as a maritime document or marine protection document:

(g)

a list of the conventions and the parties to each of those conventions:

(h)
[Repealed]

(i)

the current service charter.

(3)

Documents kept at the Registry shall be made available by the Authority, in accordance with the provisions of the Official Information Act 1982, for inspection by the public free of charge.

(4)

Subsection (3) is subject to the Privacy Act 1993.

Compare: 1990 No 98 s 74

Section 189(2)(h): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 189(4): added, on 15 December 2005, by section 7 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Information services

190 Information services

(1)

The Authority shall ensure that an information service is provided to collect and disseminate information as to maritime safety requirements, marine protection requirements, and the placement and operation of navigational aids in respect of New Zealand waters.

(2)

The Authority may require the payment of a reasonable charge fixed by the Authority for any costs incurred by the Authority under this section.

Compare: 1990 No 98 s 75

Maritime levies

Heading: replaced, on 23 October 2013, by section 34 of the Maritime Transport Amendment Act 2013 (2013 No 84).

191 Maritime levies

(1)

The Governor-General may from time to time, by Order in Council, on the recommendation of the Minister, make regulations providing for the payment of maritime levies in respect of ships entering any port in New Zealand or operating in New Zealand waters and prescribing the amounts of those levies.

(2)

Maritime levies may provide funding for any or all of the following purposes:

(a)

to enable the provision of—

(i)

navigational aids other than those referred to in section 200(2):

(ii)

distress and safety radio services:

(iii)

marine safety information:

(iv)

other services related to the safety of shipping:

(b)

any services provided, or any regulatory services or activities undertaken, by the Authority, the Director, the Maritime Appeal Authority, or the Crown in the performance or exercise of functions, duties, or powers under this Act.

(3)

Any such regulations may—

(a)

specify the persons by whom the levies are payable including (without limitation) all or any of the master, owner, charterer, person responsible for the management of the ship, or any agent of any of those persons who by law or by contract is liable to pay any other charge on account of the ship:

(b)

prescribe different levies for different classes of ship based on length, tonnage, equipment available for use on board the ship, or such other criteria as may be specified in the regulations:

(c)

provide for the refund or waiver of any levy in whole or in part, in any specified case or class of cases:

(d)

provide that the levies are payable on an annual or other equal basis in advance or otherwise, or on a per voyage basis at the option of either the Director or the person liable to pay the levies; and provide for the changing of those options, and for the making of adjustments where an option is changed—

whether or not persons levied use, or the ship in respect of which the levy arises uses, any such services.

(3A)

The Minister must not make a recommendation under subsection (1) unless he or she has consulted such persons, representative groups within the maritime industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate.

(4)

Nothing in this section limits the provisions of section 201 or section 204.

Compare: 1952 No 49 s 375; 1990 No 121 s 2

Section 191 heading: replaced, on 23 October 2013, by section 35(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 191(1): replaced, on 23 October 2013, by section 35(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 191(2): replaced, on 23 October 2013, by section 35(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 191(3)(a): amended, on 23 October 2013, by section 35(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 191(3)(b): amended, on 23 October 2013, by section 35(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 191(3)(c): amended, on 23 October 2013, by section 35(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 191(3)(d): amended, on 23 October 2013, by section 35(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 191(3A): inserted, on 23 October 2013, by section 35(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

192 Exemptions from maritime levies

(1)

[Repealed]

(2)

Regulations made under this Act may—

(a)

exempt any ship or class or description of ship or any ship used for a purpose specified in the regulations from liability in respect of maritime levies, either totally or partially, and subject to such conditions, as may be imposed in the regulations:

(b)

specify circumstances in which any ship or class or description of ship is exempt from liability in respect of maritime levies, either totally or partially.

Compare: 1952 No 49 s 376; 1990 No 121 s 2

Section 192 heading: amended, on 23 October 2013, by section 36(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 192(1): repealed, on 23 October 2013, by section 36(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 192(2)(a): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 192(2)(a): amended, on 23 October 2013, by section 36(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 192(2)(b): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 192(2)(b): amended, on 23 October 2013, by section 36(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

193 Power to appoint agents to collect maritime levies

(1)

The Director may appoint the chief executive of the New Zealand Customs Service or the holder for the time being of any office (whether or not within the Public Service) or any other person to be the agent of the Director for the purpose of collecting maritime levies or any class of maritime levies.

(2)

Any appointment under subsection (1) may—

(a)

provide for the payment of a fee by the Director for the collection of maritime levies; or

(b)

permit the agent to retain a specified proportion of the maritime levies as a collection fee; or

(c)

both.

Compare: 1952 No 49 s 377; 1990 No 121 s 2

Section 193 heading: amended, on 23 October 2013, by section 36(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 193(1): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 193(1): amended, on 23 October 2013, by section 36(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 193(1): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 193(2)(a): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 193(2)(a): amended, on 23 October 2013, by section 36(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 193(2)(b): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 193(2)(b): amended, on 23 October 2013, by section 36(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

Any agent who by any regulations made under this Act is liable for the payment of maritime levies in respect of any ship may, out of the money received by the agent on account of that ship or belonging to the owner thereof, retain the amount of all such levies paid by the agent, together with any reasonable expenses incurred by reason of the payment of the levies or the agent’s liability to pay the levies.

Compare: 1952 No 49 s 378; 1990 No 121 s 2

Section 194 heading: amended, on 23 October 2013, by section 36(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 194: amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 194: amended, on 23 October 2013, by section 36(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

195 Recovery in certain cases where maritime levies not paid

(1)

This section shall apply only where a maritime levy is payable to the Director or the chief executive of the New Zealand Customs Service, and not where the levy is payable to any other person or any agent of the Director.

(2)

If the person liable to pay any maritime levy in respect of any ship fails to do so on demand, and the levy is not paid by any other person, the Director or the chief executive of the New Zealand Customs Service may, in addition to any other remedy, go on board the ship and distrain the cargo and any other property belonging to or on board the ship, and may maintain that distraint until that levy is paid.

(3)

For the purposes of subsection (1), the term agent does not include the chief executive of the New Zealand Customs Service.

Compare: 1952 No 49 s 378A; 1990 No 121 s 2

Section 195 heading: amended, on 23 October 2013, by section 36(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 195(1): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 195(1): amended, on 23 October 2013, by section 36(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 195(1): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 195(2): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 195(2): amended, on 23 October 2013, by section 36(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 195(2): amended, on 15 December 2005, by section 8 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 195(3): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

196 Issue of receipt for maritime levy

Every person who receives any maritime levy shall, on demand, issue to the person paying the levy a receipt showing clearly the ship in respect of which the levy is paid and the period to which the levy relates.

Compare: 1952 No 49 s 378B; 1990 No 121 s 2

Section 196 heading: amended, on 23 October 2013, by section 36(6) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 196: amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 196: amended, on 23 October 2013, by section 36(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

Where, on demand being made by any person for the payment of any maritime levy,—

(a)

the levy is not paid; or

(b)

evidence for the earlier payment of the levy is not produced,—

the Director or the chief executive of the New Zealand Customs Service may detain the ship concerned until the levy is paid or the receipt is produced.

(2)

If payment of the levy is not made, or evidence of the earlier payment not produced, within the period of 28 days next following the detention, the Director may at any time during the continuance of the non-payment, or non-production, sell the ship, and apply the proceeds in payment of that levy, together with all reasonable expenses incurred by the Director under this subsection, paying the surplus (if any), on demand, to the owner or other person for the time being responsible for the management of the ship, or the master of the ship.

(3)

Where a ship is detained or sold under this section, the Crown, the Director, and the chief executive of the New Zealand Customs Service, or any person acting under their direction or authority under this section shall not be liable for any loss or damage arising directly or indirectly from the detention or sale of the ship unless it is proved to the satisfaction of a court that the person acted in bad faith.

(4)

The chief executive of the New Zealand Customs Service shall advise the Director of every ship detained pursuant to subsection (1) by the chief executive or by a person acting under the chief executive’s direction or authority.

Compare: 1952 No 49 s 378C; 1990 No 121 s 2

Section 197 heading: amended, on 23 October 2013, by section 36(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 197(1): amended, on 23 October 2013, by section 36(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 197(1): amended, on 23 October 2013, by section 36(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 197(1)(a): amended, on 23 October 2013, by section 36(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 197(1)(b): amended, on 23 October 2013, by section 36(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 197(1): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 197(2): amended, on 23 October 2013, by section 36(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 197(3): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 197(4): substituted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Coastal shipping

198 Coastal shipping

(1)

No ship shall carry coastal cargo, unless the ship is—

(a)

a New Zealand ship; or

(b)

a foreign ship on demise charter to a New Zealand-based operator who employs or engages a crew to work on board the ship under an employment agreement or contract for services governed by New Zealand law; or

(c)

a foreign ship—

(i)

that is passing through New Zealand waters while on a continuous journey from a foreign port to another foreign port, and is stopping in New Zealand to load or unload international cargo; and

(ii)

whose carriage of coastal cargo is incidental in relation to the carriage of the international cargo.

(d)
[Repealed]

(1A)

A ship referred to in subsection (1)(c) may only load and unload coastal cargo—

(a)

at a New Zealand port at which it loads or unloads international cargo; or

(b)

at a New Zealand port that it is scheduled to pass in the course of its continuous journey.

(2)

If, in any case, the Minister is satisfied that there are no ships of any of the kinds specified in subsection (1) available to carry any coastal cargo, the Minister may authorise the carrying of coastal cargo in that case by any other ship on such conditions as the Minister considers appropriate (including any conditions relating to occupational safety and health); and every authorisation granted under this subsection shall, subject to subsection (5), have effect according to its tenor.

(3)

Every person commits an offence who—

(a)

carries coastal cargo in contravention of this section; or

(b)

contravenes or fails to comply with any condition imposed under subsection (2).

(4)

Every person who commits an offence against subsection (3) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000:

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(5)

Nothing in this section shall limit any other provision of this Act or any other Act, or any regulations or maritime rules made under this Act.

(6)

In this section,—

coastal cargo, in relation to any ship, means—

(a)

passengers who initially board the ship at a New Zealand port for carriage to and final disembarking from that ship at another New Zealand port; or

(b)

goods initially loaded on the ship at a New Zealand port for carriage to and final unloading at another New Zealand port

continuous, in relation to a journey, means proceeding directly and expeditiously

foreign port means a port in a country other than New Zealand

goods has the same meaning as in section 2 of the Carriage of Goods Act 1979

international cargo, in relation to any ship, means—

(a)

passengers who initially board the ship at—

(i)

a foreign port for carriage to and disembarking at a New Zealand port; or

(ii)

a New Zealand port for carriage to and disembarking at a foreign port; and

(b)

goods initially loaded on the ship at—

(i)

a foreign port for carriage to and unloading at a New Zealand port; or

(ii)

a New Zealand port for carriage to and unloading at a foreign port; and

(c)

excludes coastal cargo

New Zealand port means a port in New Zealand.

Section 198(1): substituted, on 15 December 2005, by section 9(1) of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 198(1)(c): replaced, on 23 October 2013, by section 37(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 198(1)(d): repealed, on 23 October 2013, by section 37(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 198(1A): inserted, on 23 October 2013, by section 37(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 198(2): amended, on 23 October 2013, by section 37(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 198(2): amended, on 5 May 2003, by section 35(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 198(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 198(6) coastal cargo: replaced, on 23 October 2013, by section 37(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 198(6) continuous: inserted, on 23 October 2013, by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 198(6) international cargo: inserted, on 23 October 2013, by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 198(6) New Zealand port: inserted, on 23 October 2013, by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Safety services

199 Search and rescue operations
[Repealed]

Section 199: repealed, on 1 December 2004, by section 12(3) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

200 Navigational aids

(1)

The Authority is responsible for the management of all navigational aids on or near the coasts of New Zealand and the adjacent seas and islands, except those to which subsection (2) applies.

(2)

A person (including a local authority) who operates a port, cargo terminal, marina, jetty, marine farm, or other maritime facility (an operator) must provide navigational aids for that facility and is responsible for them.

(3)

The Authority may—

(a)

erect or place any navigational aid:

(b)

add to, alter, remove, or maintain any navigational aid:

(c)

inspect any navigational aid or property related to any navigational aid.

(3A)

A regional council may erect, place, and maintain navigational aids in its region in accordance with section 33I.

(4)

Any person who is authorised by the Director for that purpose either generally or specially may inspect and examine any navigational aid that is under the management of an operator, and may for that purpose enter, with such assistants as he or she may deem necessary, any such navigational aid and any premises and property that is appurtenant to the navigational aid.

(5)

An operator who operates a port must, as and when required by the Director, do such of the following in or for that port as the Director may require:

(a)

erect lights, lay down buoys and beacons, and replace, remove, or discontinue any harbour light, signal, buoy, beacon, or other sea mark:

(b)

make any variation in the character of any harbour light, signal, buoy, beacon, or other sea mark or in the mode of exhibiting it.

(6)

If an operator fails or neglects to comply with a requisition made under subsection (5) within a reasonable period to be stated in the requisition,—

(a)

the Director may take all such steps and do all such acts as may be necessary to give effect to the requisition; and

(b)

the cost and charges of so doing are a debt due from the operator to the Crown, and may be recovered accordingly.

(7)

No person may erect or place a navigational aid, alter the character of a navigational aid, or alter or remove the position of a navigational aid, without the approval of the Director.

(8)

Navigational aids must be provided and maintained in accordance with, and otherwise conform with, the maritime rules.

Compare: 1950 No 34 s 206; 1993 No 89 s 19

Section 200: substituted, on 9 June 1999, by section 21 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 200(3A): inserted, on 23 October 2013, by section 38 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Provisions relating to special maritime events

Heading: inserted, on 19 December 1998, by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).

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

(1)

On application made by—

(a)

a regional council that has navigational safety jurisdiction over the area or areas concerned under the Local Government Act 1974; or

(b)

any other person or organisation, if no regional council has such jurisdiction in that case,—

the Minister may, by notice in the Gazette, declare a major maritime event or occasion to be an event or occasion to which section 200B applies.

(2)

A notice under subsection (1)—

(a)

must describe the event or occasion to which it applies; and

(b)

must describe the waters (the designated area) to which it applies; and

(c)

must specify the period during which the notice applies; and

(d)

may set out requirements for the purposes of navigation safety and to enable the event or occasion to be properly managed, including requirements specifying the classes of ships that are authorised to enter the designated area, and the conditions and requirements to be complied with by persons in the designated area; and

(e)

may authorise the regional council in whose region the maritime event or occasion is being held to determine, in accordance with the notice, which ships may enter the designated area and to specify and vary conditions for the day to day management and conduct of activities within the designated area (such as varying the hours of racing, closing and opening the course, and changing the course); and

(f)

may contain such other information as may be necessary to explain the effect of the notice.

(3)

A notice under subsection (1) may not be given unless the Minister—

(a)

is satisfied that—

(i)

the application is reasonable; and

(ii)

the applicant has provided the information referred to in paragraphs (a), (b), and (c) of subsection (2); and

(iii)

the applicant has provided any information required for the purposes of paragraphs (d), (e), and (f) of subsection (2); and

(b)

is satisfied that the application of section 200B is in the interests of navigation safety or is an appropriate way to manage and control the event or occasion; and

(c)

is satisfied that the applicant has considered the needs of commercial shipping; and

(d)

has published in the Gazette, and in such daily newspapers as the Minister considers appropriate, a notice stating the Minister’s intention to give the notice under subsection (1) and specifying a period (which may not be less than 10 days) within which interested persons and organisations may make written representations about the proposal; and

(e)

has considered all representations received within the specified time.

(4)

The Minister may from time to time, by notice in the Gazette,—

(a)

extend the period during which a notice under subsection (1) applies:

(b)

amend any description or correct any obvious mistake in a notice under subsection (1).

(5)

Subsection (3) does not apply to a notice under subsection (4).

(6)

An applicant must pay the costs and expenses of the notices referred to in subsection (3) that are published for the purposes of that person’s application under this section; and a regional council may recover from the event organisers the costs and expenses the council incurs in relation to applications it makes under this section on their behalf.

(7)

This section applies only to specified maritime events and occasions that are to be held in or on New Zealand waters.

Section 200A: inserted, on 19 December 1998, by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).

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

(1)

This section applies to a major maritime event or occasion that is subject to a notice under section 200A.

(2)

During the period specified for the purpose in the notice under section 200A that applies to the event or occasion, an enforcement officer who has reasonable cause to believe that the action is necessary to maintain public order, or to preserve the safety of any person or ship, craft, or seaplane, or to enforce the provisions of the notice may do all or any of the following things:

(a)

stop and detain any ship, craft, or seaplane in the designated area:

(b)

remove any ship, craft, or seaplane or person from the designated area:

(c)

prevent any ship, craft, or seaplane or person from entering the designated area:

(d)

prohibit the use of a ship, craft, or seaplane in the designated area, if the enforcement officer considers its use in the designated area would pose an unreasonable risk to the safety of those on board or of other persons:

(e)

board a ship, craft, or seaplane, give directions for the purposes of this section to the person appearing to be in charge, and require that person to give his or her name and address:

(f)

exercise any power that a harbourmaster may exercise for the purposes of ensuring maritime safety under Part 3A.

(3)

The exercise of any power conferred by subsection (2) does not prevent an enforcement officer or any other person from taking any further action against a person under some other provision of this Act or under any other enactment.

(4)

An enforcement officer exercising any power under this section must produce evidence of identity and evidence that he or she is an enforcement officer, whenever reasonably requested to do so.

(5)

The person in charge of a ship, craft, or seaplane commits an infringement offence and is liable to the penalty prescribed by regulations made under section 201 if—

(a)

the ship, craft, or seaplane enters or remains in a designated area in contravention of a notice given under section 200A or otherwise contravenes the notice; or

(b)

the person obstructs an enforcement officer while the officer is lawfully exercising a power under subsection (2); or

(c)

the person fails to comply with the lawful exercise by an enforcement officer of a power under subsection (2).

(6)

For the purposes of this section, the following persons are enforcement officers:

(a)

all constables; and all police employees who are not constables authorised for the purpose by the Commissioner of Police:

(b)

all members of the New Zealand Defence Force authorised for the purpose by the Chief of Defence Force:

(c)

harbourmasters employed or engaged by any harbour controlling authority:

(d)

such other persons as may for the time being be authorised for the purpose by the regional council within whose region the event or occasion is being held.

Section 200B: inserted, on 19 December 1998, by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).

Section 200B(2)(f): amended, on 23 October 2013, by section 39 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 200B(6)(a): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 200B(6)(a): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

Dangerous goods

Heading: inserted, on 19 December 1998, by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).

200C Opening and testing of packages containing dangerous goods

(1)

This section applies to—

(a)

New Zealand ships; and

(b)

other ships in a port in New Zealand or in New Zealand waters that load or unload cargo or fuel or embark or disembark passengers.

(2)

A person referred to in subsection (3) may require a package or container to be opened and subjected to such tests as may be necessary to identify the contents, if—

(a)

the package or container is, or is intended to be, loaded or carried on a ship to which this section applies; and

(b)

the person reasonably believes the package or container contains dangerous goods (as defined in rules made under this Act) that are not marked or packed in accordance with the rules.

(3)

The persons referred to in subsection (2) are—

(a)

the owner, master, or charterer of a ship to which this section applies:

(b)

the agent of the owner or charterer:

(c)

the consolidator of any freight container or other form of secondary containment intended for shipment on the ship:

(d)

a person authorised by the Director or by the chief executive of the Department of Labour or of the New Zealand Customs Service or of the Ministry of Fisheries or of the Ministry of Agriculture and Forestry.

(4)

The shipper of the package or container is liable for the costs of inspections and tests carried out under subsection (2), and of any delay caused by the inspections and tests.

Section 200C: inserted, on 19 December 1998, by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).

Miscellaneous provisions

201 Regulations

(1)

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

prescribing those breaches of maritime rules, or breaches of navigation bylaws, that constitute offences against this Act:

(b)

prescribing those breaches of maritime rules, or breaches of navigation bylaws, that constitute infringement offences against this Act:

(c)

prescribing the penalty for each offence prescribed under paragraph (a) which,—

(i)

in the case of an individual, shall be a fine not exceeding $5,000:

(ii)

in the case of a body corporate, shall be a fine not exceeding $30,000:

(d)

prescribing the infringement fee for each offence prescribed under paragraph (b) and for infringement offences against section 200B, which,—

(i)

in the case of an individual, shall be a fine not exceeding $2,000:

(ii)

in the case of a body corporate, shall be a fine not exceeding $12,000:

(e)

such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act (other than those referred to in section 394(1)(i)) and for their due administration.

(2)

Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, ships, or maritime products, or with respect to the same class of person, ship, or maritime product in different circumstances.

Compare: 1990 No 98 s 100

Section 201(1)(a): amended, on 23 October 2013, by section 40 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 201(1)(b): amended, on 23 October 2013, by section 40 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 201(1)(d): amended, on 19 December 1998, by section 3 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).

Part 15 Transitional and consequential provisions relating to maritime transport

202 Repeals and revocations

(1)

The enactments specified in Part 1 of Schedule 3 are hereby repealed.

(2)

The regulations, rules, orders, and notices specified in Part 2 of Schedule 3 are hereby revoked.

(3)

Notwithstanding the repeal of the Maritime Transport Act 1993 by subsection (1), sections 21, 22, 23, 24, 25, and 27 of that Act shall be deemed to have effect as if those sections had not been repealed.

(4)

Nothing in subsection (1) shall affect any amendment made—

(a)

to the Harbours Act 1950, the Ombudsmen Act 1975, the Public Finance Act 1989, or the Ship Registration Act 1992; or

(b)

to any regulations (other than the Coastal Pilots Regulations 1964), rules, orders, and notices—

by section 20 of the Maritime Transport Act 1993.

(5)

Amendment(s) incorporated in the Act(s).

203 Amendments to other enactments

The enactments specified in Schedule 4 are hereby amended in the manner indicated in that schedule.

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

Section 204: expired, on 1 February 2001, by section 205(a).

205 Expiry of section 204

Section 204 shall expire—

(a)

with the close of the period of 6 years beginning on the date of commencement of this Act; or

(b)

on such earlier date as may be appointed by the Governor-General by Order in Council.

Section 205(a): amended, on 9 June 1999, by section 22 of the Maritime Transport Amendment Act 1999 (1999 No 68).

206 Dispensing powers of Director

The Director may, if he or she thinks fit, and subject to such conditions as he or she thinks fit to impose, exempt any ship or class of ship from any specified requirement contained in Part 10 or Part 11 or Part 12 or in any regulation, order, or notice continued in force by section 204, or dispense with the observance of any such requirement in the case of any ship or class of ship, if he or she is satisfied that—

(a)

the requirement has been substantially complied with in the case of that ship or ships of that class; or

(b)

compliance with the requirement is unnecessary in the circumstances of the case; or

(c)

the action taken or provision made in relation to the subject matter of the requirement in the case of the ship or ships of that class is as effective as or more effective than actual compliance with the requirement.

Compare: 1952 No 49 s 505; 1987 No 184 s 27

207 Abolition of Marine Council and Marine Advisory Committee, etc

(1)

The following bodies are hereby abolished:

(a)

the Marine Council:

(b)

the Marine Advisory Committee:

(c)

the Mercantile Marine Office:

(d)

every other body established by or under the Shipping and Seamen Act 1952 other than the Maritime Appeal Authority.

(2)

Every member of a body abolished by subsection (1) shall vacate office on the commencement of this Act, and shall not be entitled to any compensation in respect of such loss of office.

Part 16 Carriage of goods by sea

208 Interpretation

(1)

In this Part, the Rules means the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading signed at Brussels on 25 August 1924, as amended by the Protocol signed at Brussels on 23 February 1968 and by the Protocol signed at Brussels on 21 December 1979.

(2)

For the purposes of Article 10 of the Rules, State includes each of Niue and Tokelau.

(3)

A reference in this Act to a non-negotiable document includes a reference to a sea waybill.

209 Hague Rules to have force of law

(1)

The Rules, as set out in Schedule 5, shall have the force of law in New Zealand.

(2)

Subsection (1) shall apply to carriage of goods by sea evidenced by a non-negotiable document (other than a bill of lading or similar document of title) that contains express provision to the effect that the Rules are to govern the carriage as if the document were a bill of lading.

Compare: Carriage of Goods by Sea Act 1991 s 10 (Aust)

210 Jurisdiction of New Zealand courts

(1)

An agreement, whether made in New Zealand or elsewhere, has no effect to the extent that it purports to—

(a)

preclude or limit the jurisdiction of the courts of New Zealand in respect of—

(i)

a bill of lading or a similar document of title, relating to the carriage of goods from any place in New Zealand to any place outside New Zealand; or

(ii)

a non-negotiable document of a kind mentioned in section 209(2) relating to such a carriage of goods; or

(b)

preclude or limit the jurisdiction of the courts of New Zealand in respect of—

(i)

a bill of lading, or a similar document of title, relating to the carriage of goods from any place outside New Zealand to any place in New Zealand; or

(ii)

a non-negotiable document of a kind mentioned in section 209(2) relating to such a carriage of goods.

(2)

Nothing in this section shall be construed as limiting or affecting any stipulation or agreement to submit any dispute to arbitration in New Zealand or any other country.

Compare: 1940 No 31 s 11A; 1968 No 17 s 3; 1985 No 97 s 2; Carriage of Goods by Sea Act 1971 s 2 (UK); Carriage of Goods by Sea Act 1991 s 11 (Aust)

211 Contracting parties to the Rules

If the Secretary of Foreign Affairs and Trade certifies that, for the purposes of the Rules or any convention relating to liability of sea carriers for loss of, or damage to, cargo,—

(a)

a State specified in the certificate is a Contracting State, or is a Contracting State in respect of any place or territory so specified; or

(b)

any place or territory specified in the certificate forms part of a State so specified (whether a Contracting State or not),—

then, in any proceedings, the certificate shall, in the absence of proof to the contrary, be sufficient evidence of the matters so certified.

212 Repeals

(1)

The Sea Carriage of Goods Act 1940 is hereby repealed.

(2)

Amendment(s) incorporated in the Act(s).

(3)

The following enactments are hereby consequentially repealed:

(a)

the Sea Carriage of Goods Amendment Act 1968:

(b)

the Sea Carriage of Goods Amendment Act 1985.

213 Savings

(1)

Notwithstanding section 212(1), the Sea Carriage of Goods Act 1940, as in force immediately before the commencement of that section, shall be deemed to continue to apply to a contract of carriage of goods by sea after that commencement if—

(a)

the contract was made before that commencement; and

(b)

that Act would have applied but for the operation of section 212(1).

(2)

Notwithstanding section 212(2), section 5(5) of the Carriage of Goods Act 1979, as in force immediately before the commencement of that section, shall be deemed to continue to apply to a contract of carriage of goods by sea between any place in New Zealand and any place in the Cook Islands or in Niue or in Tokelau after the commencement if—

(a)

the contract was made before that commencement; and

(b)

that subsection would have applied but for the operation of section 212(2).

Compare: 1940 No 31 s 15; Carriage of Goods by Sea Act 1991 s 20 (Aust)

Part 17 Salvage

214 Commencement

Sections 215 to 220 and Schedule 6 shall come into force on a date to be appointed by the Governor-General by Order in Council.

215 Interpretation

In this Part, unless the context otherwise requires,—

coastal or inland waters means New Zealand waters

Convention means the International Convention on Salvage, 1989, as set out in Schedule 6

court means the High Court and every District Court

freight at risk includes payments due to an owner or charterer for the carriage of cargo.

216 Application of Convention

The provisions of the Convention shall have the force of law in New Zealand.

217 Salvage claims against the Crown

Subject to the provisions of the Crown Proceedings Act 1950, the provisions of this Part shall apply to salvage operations which assist any New Zealand warship, or any other New Zealand State-owned ship or other property, in the same manner as if the ship or property belonged to a private person.

Compare: 1952 No 49 s 367(1)

218 Salvage claims by the Crown

Where salvage operations are rendered by any New Zealand warship, or any other New Zealand State-owned ship, the Crown shall be entitled to claim salvage in respect of those operations to the same extent as any other salvor, and shall have the same rights as any other salvor.

Compare: 1952 No 49 s 368(1)

219 Apportionment between salvors

A payment in respect of a salvage operation that is due to more than 1 person shall, in the absence of agreement between those persons, be apportioned among those persons in such manner as the court thinks fit, having regard to the terms of the Convention.

Compare: 1952 No 49 s 366

219A Salvage for saving life

(1)

Where services are rendered—

(a)

wholly or in part within New Zealand waters in saving life from any ship or aircraft, whether or not a New Zealand ship or an aircraft registered in or belonging to New Zealand; or

(b)

elsewhere in saving life from any New Zealand ship or any aircraft which is registered in or belongs to New Zealand,—

there is payable to the salvor by the owner of the ship or aircraft or cargo or equipment saved a reasonable amount of salvage, to be determined in case of dispute in the manner set out in subsections (2) and (3).

(2)

Salvage in respect of the preservation of life, when payable by the owners of the ship or aircraft, is payable in priority to all other claims for salvage.

(3)

Where the ship or aircraft and its cargo and equipment are destroyed, or the value of it is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in respect of the preservation of life, the Minister may in his or her discretion award to the salvor, out of any money appropriated by Parliament for the purpose, such sum as he or she thinks fit in whole or part satisfaction of any amount of salvage so left unpaid.

Compare: 1952 No 49 s 356

Section 219A: inserted, on 9 June 1999, by section 23 of the Maritime Transport Amendment Act 1999 (1999 No 68).

220 Actions for indemnity

Any person who—

(a)

is liable to pay a payment in respect of a salvage operation; and

(b)

is indemnified against that liability—

shall take action to enforce that indemnity within 2 years of the liability arising and, in the event of failure to do so, that right of enforcement shall no longer be available to that person.

Part 18 Preliminary provisions relating to marine pollution

221 Commencement of provisions relating to marine pollution

Sections 222 and 224, Parts 19 to 27, and sections 469, 470, 471(2), 472, 473, 474, 475(2), 476 to 481, 484, 485(2), and 485(4), and Schedule 7 shall come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be so appointed by 1 or more Orders in Council for different provisions and different purposes.

222 Interpretation

(1)

In this Part and in Parts 19 to 28, unless the context otherwise requires,—

agent or agent of the ship, in relation to a ship, means—

(a)

any agent in New Zealand of the owner of the ship; and

(b)

any agent for the ship

Civil Liability Convention has the meaning given to it by section 342

CLC owner has the meaning given to it by section 342

CLC ship has the meaning given to it by section 342

CLC State has the meaning given to it by section 342

controlled offshore installation has the meaning given to it by section 257

discharge has the meaning given to it by section 225

dumping has the meaning given to it by section 257

emergency dumping permit has the meaning given in section 257

exclusive economic zone of New Zealand has the meaning given to it by section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977; and exclusive economic zone has the same meaning

Fund Convention has the meaning given to it by section 370

harmful substance has the meaning given to it by section 225

London Convention has the meaning given to it by section 257

marine incineration facility has the meaning given to it by section 257

marine oil spill contingency plan has the meaning given to it by section 281

marine operations means any operations or operation for, or connected with, the exploration for, or the exploitation or associated processing of, any mineral in the sea or the seabed

marine protection convention, in relation to this Part and Parts 19 to 27, means any international convention, protocol, or agreement relating to the protection of the marine environment from pollution that is declared for the purposes of any such Part by Order in Council pursuant to subsection (4); and includes every amendment to, or revision of, any such instrument, being an amendment or revision to which New Zealand is a party that is declared in the same manner

marine protection document means—

(a)

any permit issued by the Director under section 262 or 262A:

(b)

any certificate of insurance issued, recognised, or accepted by the Director under section 363, 363A, or 385H:

(c)

any permit, certificate, licence, or other document issued or recognised by the Director under section 270 or any permit, certificate, licence, or other document issued by another person and accepted by the Director under section 271

marine protection product has the meaning given to it by section 225

marine protection rules means the marine protection rules made by the Minister or the Director under Part 27

MARPOL has the meaning given to it by section 225

mineral has the same meaning as in section 2(1) of the Crown Minerals Act 1991

mining activity has the meaning given in section 225

mining discharge has the meaning given in section 225

National On-Scene Commander has the meaning given to it by section 281

New Zealand aircraft has the same meaning as the term New Zealand registered aircraft is given by section 2 of the Civil Aviation Act 1990

New Zealand continental waters means—

(a)

New Zealand marine waters; and

(b)

the waters beyond the outer limits of the exclusive economic zone of New Zealand but over the continental shelf of New Zealand

New Zealand marine waters means—

(a)

the territorial sea of New Zealand; and

(b)

the waters of the exclusive economic zone of New Zealand

New Zealand Oil Pollution Fund has the meaning given to it by section 281

New Zealand structure has the meaning given in section 257

noxious liquid substance has the meaning given to it by section 225

offshore installation or installation includes any artificial structure (including a floating structure other than a ship) used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the exploitation or associated processing of, any mineral; but does not include a pipeline

offshore terminal means any place in the sea where cargo is loaded or unloaded

oil, except in Parts 25, 26, and 26A, means petroleum in any form including crude oil, fuel oil, sludge, oil refuse, and refined products (other than petrochemicals that are subject to the provisions of Annex II of MARPOL); and includes any substance declared to be oil for the purposes of this definition by the marine protection rules

oil transfer site has the meaning given to it by section 281

on-scene commander has the meaning given to it by section 281

owner has the meaning given to it by subsection (2)

pipeline means a pipeline constructed or used to convey any matter or substance; and includes all machinery, tanks, and fittings connected to the pipeline

pollution incident has the meaning given to it by section 225

reception facility has the meaning given to it by section 225

region means a region within the meaning of the Local Government Act 2002

regional council or council means a regional council within the meaning of the Local Government Act 2002; and includes—

(a)

any territorial authority that has, by reason of the transfer to it under section 17 of the Local Government Act 2002 of a responsibility of a regional council, the functions powers and duties of a regional council; and

(b)

the Chatham Islands Council

regional marine oil spill contingency plan has the meaning given to it by section 281

regulated oil tanker has the meaning given to it by section 342

regulated ship has the meaning given to it by section 342

seabed includes the subsoil of the seabed

shipboard marine oil spill contingency plan has the meaning given to it by section 281

site marine oil spill contingency plan has the meaning given to it by section 281

structure has the meaning given in section 257

toxic or hazardous waste has the meaning given to it by section 257

transfer, in relation to oil or any other harmful substance, means transfer to or from a cargo or fuel tank

transfer facility has the meaning given to it by section 225

waste or other matter has the meaning given to it by section 257.

(2)

In this Part, Parts 19 to 27, and section 418, unless the context otherwise requires, owner,—

(a)

in relation to any ship (except in the circumstances, and to the extent, provided in sections 343 and 370), includes—

(i)

any person who is the legal or equitable owner, or both, of the ship; and

(ii)

any person in possession of the ship; and in Parts 19, 20, and 21 and section 344, includes any salvor in possession of the ship, and any servant or agent of any salvor in possession of the ship; and

(iii)

any charterer, manager, or operator of the ship, or any other person (other than a pilot) responsible for the navigation or management of the ship:

(b)

in relation to an offshore installation, includes—

(i)

the person having any right, privilege, or licence to explore for or exploit minerals in connection with which the installation is being, has been, or is to be used; and

(ii)

the manager, lessee, licensee, or operator of the installation; and

(iii)

any agent or employee of the owner, manager, lessee, or licensee, or operator of the installation, or the person in charge of any operations connected with the installation:

(c)

in relation to a pipeline, includes any manager, lessee, licensee, or operator of the pipeline, or the person in charge of the pipeline:

(d)

in relation to an oil transfer site, includes any manager, lessee, licensee, or operator of the transfer site or the person in charge of the site.

(3)

Unless the context otherwise requires, any term defined in this section or any of sections 225, 247, 257, 281, 329, 342, and 370 shall have that meaning throughout Parts 19 to 28 and any regulations or rules made under any of those Parts.

(4)

The Governor-General may from time to time, by Order in Council, declare—

(a)

that any specified international convention, protocol, or agreement relating to the protection of the marine environment from pollution, to which New Zealand is a party, shall be a marine protection convention for the purposes of this Part and Parts 19 to 27, or such of them (or their provisions) as may be specified in the order:

(b)

that any specified amendment to, or revision of, any such instrument shall form part of that instrument for any such purposes.

Compare: 1974 No 14 s 2; 1980 No 53 s 2; 1990 No 34 s 2

Section 222(1) emergency dumping permit: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 222(1) exclusive economic zone of New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Section 222(1) harbourmaster: repealed, on 23 October 2013, by section 41(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 222(1) marine protection document paragraph (a): amended, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 222(1) marine protection document paragraph (b): amended, on 1 October 2014, by section 91 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 222(1) mining activity: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 222(1) mining discharge: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 222(1) New Zealand structure: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 222(1) oil: amended, on 23 October 2013, by section 41(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 222(1) region: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 222(1) regional council or council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 222(1) structure: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

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

Without limiting section 4(2), Parts 19 to 27 shall apply to every warship and every other ship of the New Zealand Defence Force that is in waters outside the territorial sea of New Zealand, to the extent that those Parts apply to such waters.

224 Application of certain provisions of Parts 19 to 28

(1)

Notwithstanding anything in any other enactment, criminal proceedings shall not be commenced against a natural person in respect of a contravention of any provision of any of Parts 19 to 28 that is alleged to have occurred beyond the territorial sea of New Zealand unless they are commenced against—

(a)

a New Zealand citizen; or

(b)

a person who is ordinarily resident in New Zealand; or

(c)

any other person with the consent of the Attorney-General on his or her certificate that it is expedient that they be commenced.

(2)

Notwithstanding subsection (1), a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further proceedings may be taken against a person who is neither a New Zealand citizen nor ordinarily resident in New Zealand, until the Attorney-General’s consent under subsection (1) has been obtained.

(3)

If any person alleges that he or she is not a New Zealand citizen, nor ordinarily resident in New Zealand, the onus of proof shall be on that person to prove that allegation.

Part 19 Protection of marine environment from harmful substances

224A Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of discharges

(1)

This section describes how the discharge of harmful substances is regulated under this Part and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, but it does not affect the interpretation or the application of this Part or that enactment.

(2)

This Part regulates—

(a)

the discharge of harmful substances (other than a mining discharge) from a ship into the sea or seabed of the exclusive economic zone:

(b)

the discharge of harmful substances (other than a mining discharge) into the sea above the continental shelf beyond the exclusive economic zone and the seabed below that sea from a New Zealand ship or from a foreign ship involved in a mining activity:

(c)

the discharge of harmful substances from a New Zealand ship into the sea beyond the continental shelf or the seabed below that sea.

(3)

In relation to the discharge of harmful substances, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 regulates—

(a)

discharges into the exclusive economic zone and into or onto the seabed below it from—

(i)

structures:

(ii)

submarine pipelines:

(iii)

ships, if the discharge is a mining discharge:

(b)

discharges into or onto the continental shelf beyond the exclusive economic zone or into the sea above that part of the continental shelf from—

(i)

New Zealand structures:

(ii)

structures (other than New Zealand structures) involved in a mining activity:

(iii)

submarine pipelines:

(iv)

ships, if the discharge is a mining discharge.

Section 224A: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

225 Interpretation

In this Part, unless the context otherwise requires,—

discharge includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but does not include—

(a)

dumping in accordance with a permit issued by the Director under section 262; or

(b)

release of harmful substances for the purposes of legitimate scientific research into pollution abatement and control;—

and to discharge and discharged have corresponding meanings

harmful substance means any substance specified as a harmful substance for the purposes of this definition by the marine protection rules

marine protection product means—

(a)

anything that comprises, or is intended to comprise, any part of a ship, offshore installation, or pipeline, or that is or is intended to be installed on or fitted or supplied to a ship, offshore installation, or pipeline for the purpose of preventing, limiting, or controlling a discharge or the escape of a harmful substance, including (but not limited to)—

(i)

any plant or equipment that treats or is intended to treat a harmful substance; and

(ii)

any plant or equipment that monitors or is intended to monitor the discharge or escape of a harmful substance; and

(b)

any substance used or intended to be used for the dispersal or emulsification of a harmful substance in the sea;—

and includes anything that is specified as a marine protection product for the purposes of this definition by the marine protection rules

MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto; and includes any subsequent protocol or amendment to, or revision of, that convention accepted or ratified by New Zealand

mining activity means an activity carried out for, or in connection with,—

(a)

the identification of areas of the seabed likely to contain mineral deposits; or

(b)

the identification of mineral deposits; or

(c)

the taking or extraction of minerals from the sea or seabed, and associated processing of those minerals

mining discharge, in relation to a harmful substance, means a discharge made as an integral part of, or as a direct result of, mining activity

noxious liquid substance means any substance specified as a noxious liquid substance for the purposes of this definition by the marine protection rules

pollution incident means an event involving the probable discharge or escape into the sea or seabed of a harmful substance in contravention of this Act or the Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

reception facility means a facility for the reception of harmful substances from ships

transfer facility means any facility, structure, or building for transferring liquids to or from a ship or an offshore installation; and includes any storage tanks or pipelines connected to the facility.

Compare: 1974 No 14 s 2(1), (3)

Section 225 mining activity: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 225 mining discharge: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 225 pollution incident: amended, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

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

(1)

This section applies to the discharge of harmful substances (other than a mining discharge).

(2)

Harmful substances must not be discharged from a ship—

(a)

into the sea within the exclusive economic zone; or

(b)

into or onto the seabed below that sea.

(3)

Harmful substances must not be discharged from a New Zealand ship or from a foreign ship that is involved in mining activity—

(a)

into the sea beyond the outer limits of the exclusive economic zone but over the continental shelf; or

(b)

into or onto the seabed below that sea.

(4)

However, a harmful substance may be discharged if the substance is discharged in accordance with the marine protection rules.

Section 226: replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

226A Harmful substances not to be discharged into sea or seabed beyond New Zealand continental waters from New Zealand ships

(1)

Harmful substances must not be discharged from a New Zealand ship—

(a)

into the sea beyond New Zealand continental waters; or

(b)

onto or into the seabed below that sea.

(2)

However, a harmful substance may be discharged if the substance is discharged in accordance with the marine protection rules.

Section 226A: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

227 Duty to report discharge or escape of harmful substances

(1)

This section applies to the discharge or escape of a harmful substance into the sea, or onto or into the seabed, in breach of—

(a)
(b)

section 15B of the Resource Management Act 1991; or

(c)

section 20B or 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

(2)

Notice of the discharge or escape must be given,—

(a)

if the discharge or escape occurred beyond New Zealand continental waters, to the Director; or

(b)

if the discharge or escape occurred within the internal waters or the territorial sea, to the Director and the regional council within whose region the discharge or escape occurred; or

(c)

if the discharge or escape occurred in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority.

(3)

Each of the following persons is under a duty to give notice of the discharge or escape of a harmful substance:

(a)

if the discharge or escape was from a ship, the owner and the master of the ship:

(b)

if the discharge or escape was from an offshore installation, the owner of the installation:

(c)

if the discharge or escape was from a pipeline, the owner of the pipeline:

(d)

if the discharge or escape was a result of a marine operation, the person in charge of and the person carrying on the operation.

(4)

If one person gives notice of the discharge or escape of a harmful substance in accordance with subsection (3), no other person is required to give notice of the discharge or escape.

(5)

If the discharge or escape of a harmful substance breaches section 226A, the master of the ship must, as soon as practicable, report the discharge or escape to the appropriate authority of the nearest State.

(6)

This section applies whether or not a defence may be available under this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

Section 227: replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

228 Notice of pollution incidents

(1)

This section applies to a pollution incident involving—

(a)

a ship in the internal waters of New Zealand or New Zealand marine waters; or

(b)

a ship involved with marine operations or an offshore installation or pipeline within New Zealand continental waters; or

(c)

any marine operations within New Zealand continental waters.

(1A)

Notice of the pollution incident must be given—

(a)

to the Director; or

(b)

if the incident occurs in the internal waters or the territorial sea, to the Director and the regional council in whose region the incident occurs; or

(c)

if the incident occurs in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority.

(2)

Each of the following persons shall be under a duty to give notice of the occurrence of a pollution incident in accordance with subsection (1):

(a)

if a ship is involved, the master of the ship:

(b)

if an offshore installation is involved, the owner of the offshore installation:

(c)

if a pipeline is involved, the owner of the pipeline:

(d)

if marine operations are involved, the person in charge of and the person carrying out those operations.

(3)

The giving of notice of a pollution incident in accordance with subsection (1) by one person shall be sufficient to discharge every other person from a duty to give such notice in respect of that pollution incident.

(4)

Where any pollution incident involving a New Zealand ship occurs beyond the outer limits of the exclusive economic zone of New Zealand, the master of the ship shall, as soon as is practicable, report the incident to the appropriate authority of the nearest State.

Compare: 1974 No 14 s 16A; 1990 No 34 s 3

Section 228(1): replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 228(1A): inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

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

Notice of the arrival at a port in New Zealand of a ship carrying oil, or any noxious liquid substance, in bulk as cargo shall be given prior to its arrival by the master or owner of the ship to the Director or the regional council within whose region the port of prospective arrival is located, in accordance with the requirements of the marine protection rules.

Compare: 1974 No 14 s 15

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

No oil or noxious liquid substance—

(a)

carried in bulk by a ship shall be transferred from that ship in the internal waters, territorial sea, or exclusive economic zone of New Zealand; or

(b)

shall be transferred to a ship in the internal waters, territorial sea, or exclusive economic zone of New Zealand to be carried in bulk by that ship,—

unless notice has been given by the master or owner of the ship to the Director or the regional council within whose region the transfer is intended to be made, in accordance with the requirements of the marine protection rules.

Compare: 1974 No 14 s 14

Section 230(a): amended, on 23 October 2013, by section 42(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 230(b): amended, on 23 October 2013, by section 42(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

231 Obligations of Director, Environmental Protection Authority, and regional councils to share information concerning notices

(1)

This section applies if a notice is given under any of sections 227, 228, 229, 230, and 299 to a regional council, the Environmental Protection Authority, or the Director.

(2)

The regional council must, without delay, inform the Director of the matters about which it has been notified.

(3)

The Environmental Protection Authority must, without delay, inform the Director of the matters about which it has been notified.

(4)

The Director must, without delay, inform—

(a)

a regional council of the matters about which the Director has been notified if the matters have occurred or may occur in the region of the council; or

(b)

the Environmental Protection Authority of the matters about which the Director has been notified if the matters have occurred or may occur in New Zealand continental waters.

Section 231: replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Powers of Director in relation to protection of marine environment from harmful substances

232 Director may require provision of financial security

(1)

This section applies if the Director has reasonable cause to believe that a harmful substance has been discharged or has escaped from a ship in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

(1A)

The Director may require the owner of the ship to provide a contract of insurance or other financial security of a kind and for an amount that is sufficient security for the payment of any amounts that may be payable by the owner, or the master of the ship, under this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 in respect of the discharge or escape.

(2)

The Director shall not exercise his or her powers under subsection (1A) in relation to a ship in respect of which an insurance certificate under section 363 or the marine protection rules has been issued, recognised, or accepted.

Section 232(1): replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 232(1A): inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 232(2): amended, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

233 Rectification of hazardous conditions

(1)

This section applies if the Director believes on reasonable grounds that the conditions on a ship, offshore installation, or pipeline—

(a)

have been or are likely to be responsible for a discharge or escape of a harmful substance into the sea or onto or into the seabed in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; or

(b)

pose an unreasonable threat of harm to the marine environment.

(1A)

The Director may require the owner of the ship, offshore installation, or pipeline to take all necessary steps to rectify the conditions.

(2)

Any owner of any ship, offshore installation, or pipeline whom the Director requires to do anything under this section may appeal against that requirement to a District Court under section 424.

Section 233(1): replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

Section 233(1A): inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).

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

(1)

The Director may prohibit the transfer of any oil or noxious liquid substance from or to any ship in the internal waters, the territorial sea, or the exclusive economic zone of New Zealand if the Director believes on reasonable grounds that the transfer will pose an unreasonable threat of harm to the marine environment.

(2)

The owner may appeal against a prohibition under subsection (1) to a District Court under section 424.

Section 233A: inserted, on 23 October 2013, by section 43 of the Maritime Transport Amendment Act 2013 (2013 No 84).

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

(1)

The Director may from time to time, in respect of a ship from which or to which any oil or noxious liquid substance is being or will be transferred in the internal waters or the territorial sea of New Zealand, take, or require the owner or master of that ship to take, any measures that the Director believes on reasonable grounds will remove, contain, or render harmless, any oil or noxious liquid substance that may be spilt as a result of that transfer.

(2)

An owner of a ship whom the Director requires to do anything under this section may appeal against that requirement to a District Court under section 424.

235 Powers of investigation of Director

(1)

The Director may investigate any discharge or escape of a harmful substance in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, or any pollution incident.

(2)

For the purposes of carrying out an investigation under this section, the Director (or a person authorised for the purpose by the Director) may—

(a)

make inquiries from any person who he or she has reason to believe is in possession of information that may lead to discovery of the cause of the discharge or escape or pollution incident:

(b)

issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any documents or things in that person’s possession or under that person’s control that are relevant to the subject of the investigation:

(c)

take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances:

(d)

require a person to reproduce, or to allow the Director (or authorised person) to reproduce, in usable form any information recorded or stored on a document electronically or by other means.

(3)

A person who is required by the Director (or an authorised person) to do anything under subsection (2) has the same privileges and immunities as a person giving evidence before a commission of inquiry has under section 6 of the Commissions of Inquiry Act 1908.

(4)

A summons under this section may be served in the same manner as a summons served under section 5 of the Commissions of Inquiry Act 1908, and that section 5 applies accordingly with any necessary modifications.

(5)

For the purposes of this section, document means a document in any form; and includes—

(a)

any writing on or in any material; and

(b