(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—
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
(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
(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
Articles of Agreement means an agreement between an employer and 1 or more seafarers setting out the terms and conditions of the seafarers’ employment
commercial ship means a ship that is not—
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
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—
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—
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
navigational aid includes—
New Zealand-based operator means—
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—
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,—
(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:
passenger means any person carried on a ship, other than—
(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:
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:
pleasure craft means a ship that is used exclusively for the owner’s pleasure or as the owner’s residence, and is not offered or used for hire or reward; but does not include—
(a) a ship that is provided for transport or sport or recreation by or on behalf of any institution, hotel, motel, place of entertainment, or other establishment or business:
port includes place and 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—
(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):
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
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—
and seriously harmed has a corresponding meaning
ship means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes—
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—