Maritime Security Act 2004

34 Steps to take if ship does not comply with Act

  • (1) If, after receipt of the advice or confirmation specified in section 30(2) and (3), 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 this Act, the chief executive—

    • (a) must attempt to establish communication with the master and the ship's administration to rectify the non-compliance; and

    • (b) if the communication does not result in rectification, may take 1 or more of the following steps:

      • (i) require rectification of the non-compliance:

      • (ii) require the ship to proceed to a specified location within New Zealand's territorial sea or internal waters or continental waters, if the chief executive has complied with section 36(4):

      • (iii) inspect the ship for the purpose of ascertaining compliance with the certification requirements of this Act, if the ship is within the territorial limits of New Zealand:

      • (iv) deny the ship entry, if—

        • (A) 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

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

    (2) Before taking a step specified in subsection (1)(b), the chief executive must inform the master of the ship of the chief executive's intention to take the step by giving notice to the master as the chief executive considers necessary by means of communications, whether or not of a permanent nature, as the chief executive considers appropriate in the circumstances.

    (3) A step that is taken under subsection (1)(b)—

    • (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 ship may be denied entry under subsection (1)(b)(iv) despite the provisions of any other enactment.

    (5) If a ship is denied entry under subsection (1)(b)(iv),—

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

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

      • (i) humanitarian reasons; or

      • (ii) emergency reasons; or

      • (iii) security purposes.

    (6) On receiving the notice under subsection (2), the master may withdraw the intention to enter the port.

    (7) If a ship is denied entry to the port under subsection (1)(b)(iv) or section 30(4), a port facility operator must cease providing services to that ship if the chief executive directs the port facility operator to do so.

    (8) A step taken under subsection (1)(b) may be imposed until the non-compliance that gave rise to the step is corrected to the satisfaction of the chief executive, taking into account actions proposed (if any) by the ship or the chief executive.

    Compare: Annex to the Convention, Chapter XI-2 r 9(2), (3); 1994 No 104 s 55(8)