New Zealand Legislation: Acts

31 Control of ships in ports

• (1) If a certificate is not produced when required under section 29 without a lawful or justifiable excuse, or if the chief executive has clear grounds, as set out in regulations made under this Act, to believe that a ship is not in compliance with the requirements of this Act, the chief executive must, for the purpose of ensuring compliance with this Act, impose 1 or more of the following control measures:

  • (a) inspection of that ship for the purpose of ascertaining compliance with the certification requirements of this Act, including (but not limited to) requiring the master to—

    • (i) provide the information that the chief executive considers relevant to the inspection; and

    • (ii) demonstrate to the chief executive that—

      • (A) the master or the relevant crew are familiar with essential shipboard security procedures; and

      • (B) any shipboard security procedure is capable of being carried out in a competent manner:

  • (b) delay of that ship:

  • (c) detention of that ship:

  • (d) restriction of the operations of that ship, including movement within the port:

  • (e) expulsion of that ship from the port if—

    • (i) the chief executive has reasonable grounds to believe that the ship poses an immediate threat to the security or safety of persons, ships, or other property; and

    • (ii) there are no other appropriate means for removing that threat; and

    • (iii) the chief executive has complied with section 36(4).

  (2) A ship may be expelled under subsection (1)(e) despite the provisions of any other enactment.

  (3) A control measure that is imposed under subsection (1)—

  • (a) must be proportionate and reasonable, and of the minimum severity and duration necessary to rectify or mitigate any non-compliance; and

  • (b) may additionally or alternatively include other lesser administrative or corrective measures.

  (4) A control measure imposed under subsection (1) may continue until the non-compliance that gave rise to the control measure is corrected to the satisfaction of the chief executive, taking into account actions proposed (if any) by the ship or the chief executive.

  (5) If a ship is expelled from a port under subsection (1)(e),—

  • (a) the chief executive may require the ship to proceed to a specified location within New Zealand's territorial sea or internal waters or continental waters; and

  • (b) the port facility operator must cease providing services to that ship if the chief executive directs the port facility operator to do so; and

  • (c) all possible efforts must be made to avoid a ship being unduly detained or delayed; and

  • (d) a person may be allowed to leave the ship, or access to the ship must be allowed, for—

    • (i) emergency reasons; or

    • (ii) humanitarian reasons; or

    • (iii) security purposes.

  Compare: Annex to the Convention, Chapter XI-2 r 9(1), (3)