4 Extent of admiralty jurisdiction

(1)

The court shall have jurisdiction in respect of the following questions or claims:

(a)

any claim to the possession or ownership of a ship or to the ownership of any share therein:

(b)

any question arising between the co-owners of a ship as to possession, employment, or earnings of that ship:

(c)

any claim in respect of a mortgage of or charge on a ship or any share therein:

(d)

any claim for damage done by a ship:

(e)

any claim for damage received by a ship:

(f)

any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect, or default of the owners, charterers, or persons in possession or control of a ship or of the master or crew thereof or of any other person for whose wrongful acts, neglects, or defaults the owners, charterers, or persons in possession or control of a ship are responsible, being an act, neglect, or default in the navigation or management of the ship, in the loading, carriage, or discharge of goods on, in, or from the ship or in the embarkation, carriage, or disembarkation of persons on, in, or from the ship:

(g)

any claim for loss of or damage to goods carried in a ship:

(h)

any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship:

(i)

any claim in the nature of salvage (including claims for services rendered in saving life from a ship or an aircraft or in preserving its cargo, apparel, or wreck pursuant to the provisions of Part 17 of the Maritime Transport Act 1994 or any maritime rules made in relation to salvage):

(j)

any claim in the nature of towage in respect of a ship or an aircraft:

(k)

any claim in the nature of pilotage in respect of a ship or an aircraft:

(l)

any claim in respect of goods, materials, or services (including stevedoring and lighterage services) supplied or to be supplied to a ship in its operation or maintenance:

(m)

any claim in respect of the construction, repair, or equipment of a ship or for dock or port or harbour charges or dues:

(n)
[Repealed]

(o)

any claim by a master or member of the crew of a ship for wages, and any claim by or in respect of a master or member of the crew of a ship for any money or property which, under any of the provisions of the Maritime Transport Act 1994, is recoverable as wages or in the court and in the manner in which wages may be recovered:

(p)

any claim by a master, shipper, charterer, or agent in respect of disbursements made on account of a ship:

(q)

any claim arising out of an act which is or is claimed to be a general average act:

(r)

any claim arising out of bottomry:

(s)

any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of admiralty.

(2)

In addition to the jurisdiction specified in subsection (1), the High Court shall continue to have any other admiralty jurisdiction which was vested in it immediately before the commencement of this Act, and when exercising its admiralty jurisdiction shall also have any other jurisdiction connected with ships or aircraft which is vested in the court under any other Act.

(3)

The jurisdiction of the court under paragraph (b) of subsection (1) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit.

(4)

The provisions of this section apply—

(a)

in relation to all ships or aircraft, whether New Zealand ships or aircraft or not, and whether registered or not, and whatever the nationality or residence or domicile of their owners may be:

(b)

in relation to all claims, wheresoever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land):

(c)

so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not, and whether legal or equitable, and whether fixed or floating, including mortgages and charges created under the law of any other country:

provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Maritime Transport Act 1994.

Section 4(1)(i): amended, on 9 June 1999, by section 39 of the Maritime Transport Amendment Act 1999 (1999 No 68).

Section 4(1)(i): amended, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 4(1)(l): replaced, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 4(1)(n): repealed, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 4(1)(o): amended, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 4(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 4(4) proviso: amended, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).