Maritime Transport Amendment Act 1999

Maritime Transport Amendment Act 1999

Public Act1999 No 68
Date of assent8 June 1999

Contents

Title


An Act to amend the Maritime Transport Act 1994

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
2 Interpretation
  • Section 2(1) of the principal Act is amended by repealing the definition of the term harbour.

Maritime rules

3 Maritime rules relating to maritime documents
    • (a) This paragraph amended s 34(1)(b) of the principal Act.

    • (b) This paragraph amended s 34(1)(j) of the principal Act.

4 Maritime rules relating to other matters
  • (1) This subsection substituted s 36(i) of the principal Act.

    (2) This subsection substituted s 36(m) of the principal Act.

    (3) This subsection substituted s 36(t), and inserted s 36(ta) and (tb) of the principal Act.

    (4) This subsection substituted s 36(2) of the principal Act.

Maritime documents

5 Suspension of maritime documents or imposition of conditions

Investigations

6 Revocation of maritime documents
  • This section amended s 44(1) of the principal Act.

7 Powers of investigation of Director
  • This section substituted section 58 of the principal Act.

Pilots

8 New heading and sections inserted
  • This section inserted sections 60A and 60B, and the preceding heading of the principal Act.

9 Proceeding without pilot contrary to maritime rules or direction given under section 60A
  • This section inserted s 65A of the principal Act.

Offences concerning maritime documents

10 Acting without necessary maritime document
  • This section inserted s 68(4) of the principal Act.

Liability where 2 or more ships involved

11 Limitation of actions
  • (1) Section 97 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:

    • (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) This subsection amended s 97(7) of the principal Act.

Wreck and salvage

12 Part heading amended
  • The heading to Part 9 of the principal Act is amended by omitting the words , AND SALVAGE.

13 Interpretation
  • (1) This subsection repealed the definition of the term Receiver in s 98 of the principal Act.

    (2) Section 98 of the principal Act is amended by repealing the definition the terms salvage, salvage services, and salvor.

    (3) This subsection substituted the definition of the term wreck in s 98 of the principal Act.

14 Powers and duties of Director where ship or aircraft in distress
  • (1) This subsection substituted s 100(1) and repealed s 100(2) of the principal Act.

    (2) This subsection amended s 100(3) and (4) of the principal Act.

    (3) This subsection substituted s 100(5)(h) and repealed s 100(5)(i) of the principal Act.

    (4) This subsection inserted s 100(6) of the principal Act.

15 Responsibility of owner of ship or aircraft in distress
  • This section inserted s 100A of the principal Act.

16 Right of passage over adjoining lands
  • This section amended s 101(2) of the principal Act.

17 Rules to be observed by persons finding wreck
  • (1) This subsection substituted s 105(1) and inserted s 105(1A) of the principal Act.

    (2) Section 105(2) of the principal Act is repealed.

18 Removal of hazards to navigation
  • This section substituted section 110 of the principal Act.

19 Penalties
  • (1) This subsection amended s 127(1) of the principal Act.

    (2) This subsection amended s 127(2) of the principal Act.

20 Repeals
  • (1) The following provisions of the principal Act are repealed:

    • (a) Section 99 (which relates to the appointment of Receivers):

    • (b) Section 102 (which relates to the suppression of plunder and disorder):

    • (c) Section 103 (which relates to who may act in the absence of a Receiver):

    • (d) Section 104 (which relates to inquiries made by a Receiver):

    • (e) Section 106 (which relates to the custody of articles washed ashore):

    • (f) Section 107 (which relates to claims to wreck):

    • (g) Section 108 (which relates to the sale of wreck):

    • (h) Section 109 (which relates to claims to wreck):

    • (i) Section 111 (which relates to offences involving wreck):

    • (j) Section 112 (which relates to the seizure of wreck):

    • (k) Section 113 (which relates to salvage for saving life):

    • (l) Section 114 (which relates to salvage of cargo or wreck):

    • (m) Section 125 (which relates to fees of Receivers) and the heading above that section.

    (2) Sections 115 to 124 (which relate to salvage), and the heading above section 115, are repealed.

21 Navigational aids
  • This section substituted s 200 of the principal Act.

22 Expiry of section 204
  • This section amended s 205(a) of the principal Act.

Salvage for saving life

23 Salvage for saving life
  • This section inserted s 219A of the principal Act.

Marine protection

24 Interpretation
  • This section amended s 222(1) of the principal Act.

25 New sections substituted
  • This section substituted s 235 of the principal Act.

26 Instructions under this Part that conflict with other instructions
  • (1) This subsection substituted s 254(1) of the principal Act.

    (2) This section amended s 254(2) of the principal Act.

27 Interpretation
  • This section substituted the definition of the term dumping, inserted the definition of the term incinerated at sea and repealed the definition of the term incineration in s 257 of the principal Act.

28 Dumping and incineration of waste or other matter
  • (1) This subsection substituted s 261(1) to (3) of the principal Act.

    (2) This subsection inserted s 261(6A) of the principal Act.

29 Power of Director to issue permits for dumping of waste or other matter
  • This section substituted s 262 of the principal Act.

30 Offences in respect of dumping and incineration of waste and other matter
  • This section substituted s 264 of the principal Act.

31 Acting without necessary marine protection document
  • This section inserted s 277(3) of the principal Act.

32 Acting in breach of marine protection document
  • This section amended s 278 of the principal Act.

33 Application of money in New Zealand Oil Pollution Fund
  • (1) This subsection substituted s 331(c) and inserted s 331(ca) of the principal Act.

    (2) This subsection substituted s 331(e) of the principal Act.

    (3) This subsection inserted s 331(2) of the principal Act.

34 Certain ships to have certificates of insurance
  • This section amended s 363(1) and (2) of the principal Act.

35 Procedure for making rules by Minister
  • This section amended s 446(c) of the principal Act.

36 Further general provisions in respect of rules
  • (1) This subsection amended s 451(4) of the principal Act.

    (2) This section amended s 451(5) of the principal Act.

37 Savings relating to Shipping and Seamen Act 1952
  • This section substituted s 468(9)(b) of the principal Act.

38 Schedule 6 amended
  • (1) This subsection amended paragraph 2 of Article 23 of Schedule 6 of the principal Act.

    (2) This subsection inserted attachments 1 to 3 of Schedule 6 of the principal Act

39 Admiralty Act 1973 consequentially amended