All New Zealand-owned ships exceeding 24 metres register length are required to be registered in Part A of the Register, except the following:

A ship is required to be registered in either Part A or Part B of the Register if—

Where—

the Director may, by written notice to the owner, exempt the ship during the term of the charter from the requirement to be registered.

Where a ship that is required to be registered under this section is not registered, the ship may be detained until registration is effected.

The owner of every ship required by section 6(1) to be registered in Part A of the Register shall appoint a representative person in relation to the ship if—

Where a representative person is required by subsection (1) to be appointed in relation to a ship, the owner of the ship—

A representative person shall—

The owner—

Where any provision of this Act requires the owner to lodge with or furnish to the Registrar any document or other information, it shall be sufficient compliance with that requirement if the representative person appointed by the owner lodges with or furnishes to the Registrar the document or other information.

Any document required or authorised by or under any enactment to be served on the owner of a registered ship for any purpose relating to proceedings for any offence shall be deemed to have been duly served if it is—

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who fails to comply with subsection (2) or subsection (4).

The following ships are entitled to be registered in Part A of the Register:

The following ships are entitled to be registered in Part B of the Register:

This section is subject to section 9.

The Registrar shall not register a ship under this Act if it is registered under the law of a foreign country.

Where application is made for registration under this Act of a ship that has at any time been registered under the law of a foreign country, the application shall be accompanied by such evidence as the Registrar requires to establish—

For the purposes of this section, while the registration of a ship under the law of a foreign country is suspended the ship shall be treated as if it were an unregistered ship under the law of that country.

A ship that is required by section 6 to be registered, but is not registered,—

For the purposes of any law of New Zealand that provides for—

a ship to which subsection (1) applies shall be dealt with in the same manner in all respects as if the ship were registered.

A ship that is required by section 6 to be registered, but is not registered, shall not depart from a New Zealand port on a voyage to a place outside New Zealand, except pursuant to a temporary pass.

A Customs officer shall not grant a certificate of clearance in respect of a ship that is about to depart from a New Zealand port to a place outside New Zealand in contravention of subsection (1).

The master or owner of any ship commits an offence who causes or permits or fails to take reasonable steps to prevent a contravention of subsection (1), and is liable on conviction,—

An application for registration of a ship under this Act, and for any renewal of registration in the case of a ship registered in Part B of the Register, shall—

An application for registration of a ship in Part A of the Register shall be attested in accordance with the following provisions:

An application for registration of a ship in Part B of the Register shall be signed by the owner of the ship and contain—

For the purpose of determining whether a ship may properly be registered, the Registrar may require the applicant to furnish such supplementary information and evidence relating to the ship and its ownership as the Registrar thinks necessary.

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who makes any statement in an application for registration of a ship knowing that the statement is false in any material particular.

Every applicant for registration of a ship in Part A of the Register shall furnish the Registrar with a statutory declaration in accordance with this section.

The declaration shall be made in accordance with section 83, and shall be in the prescribed form and contain—

In the case of a ship on demise charter, the declaration shall also state whether a New Zealand national is or New Zealand nationals are in a position to exercise the rights and powers of the charterer.

Except where the Registrar grants a dispensation under section 82, the Registrar shall not register a ship if no such declaration has been supplied in respect of that ship.

For the purposes of subsection (2)(a), a body corporate shall state its address as follows:

The Registrar shall not register any ship in Part A of the Register until the owner of any share in the ship has furnished the Registrar with the following:

Where an applicant is for any reason unable to furnish any document or particulars required by subsection (1), it shall be sufficient compliance with the requirements of that subsection if the applicant furnishes to the Registrar’s satisfaction the missing information in the form of a statutory declaration together with those documents that are available.

Every person who constructs in New Zealand a ship that is required to be registered in Part A of the Register or any part of such a ship shall, within 21 days after the date on which the construction of the ship has been completed, deliver to the person for whom it has been constructed or any agent of that person a certificate specifying the particulars required by subsection (1)(a).

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who constructs in New Zealand a ship that is required to be registered in Part A of the Register or any part of such a ship, and—

No ship shall be registered in Part A of the Register until—

The Registrar may accept a tonnage certificate issued in accordance with the laws of a foreign country if—

Where none of the matters required by subsection (1)(a) to be specified in a tonnage certificate have altered since the ship was previously registered, whether under Part 12 of the Shipping and Seamen Act 1952 or in Part A of the Register, the Registrar may accept in place of a tonnage certificate, a statutory declaration to that effect made by the owner or any owner of a share in the ship.

The Registrar may disallow any name registered or proposed to be registered in respect of a ship if that name—

The Registrar may disallow any name registered or proposed to be registered in respect of any ship if the name contains any prefix that the Registrar considers to be unnecessary or undesirable.

The Minister may, by notice in writing to the Registrar, direct the Registrar to disallow any name registered or proposed to be registered in respect of a ship if the Minister considers that the description of the ship by that name is likely to prejudice the international relations of New Zealand; and the Registrar shall disallow the name accordingly.

An application for a change in the name of a registered ship or of the port of registry of a ship registered in Part A of the Register shall be made in the prescribed form.

The Registrar—

Where the Registrar allows a change of name of a registered ship or there is a change in the port of registry of a ship,—

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who fails to comply with subsection (6)(b).

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who describes a registered ship by any name other than the name by which the ship is for the time being registered, if the name is likely to mislead or deceive any person who has official business in relation to the ship under the provisions of this Act or any other enactment.

Nothing in subsection (1) applies in relation to the name under which any ship is deemed by section 90 to be registered.

Any person who is dissatisfied with a decision of the Registrar under subsection (1) or subsection (2) or subsection (5)(a) of section 16 may appeal to the District Court within 21 days after being notified of that decision, or within such further time as the court may allow.

On hearing the appeal, the court may, subject to subsection (3), confirm the decision or give such directions or make such other determination in the matter as the court thinks fit.

The court shall not give any direction or make any determination that is inconsistent with the provisions of section 16.

The Registrar may, on receipt of an application in the prescribed form, reserve the name proposed to be registered in respect of a ship.

The Registrar shall not reserve a name—

A name is not undesirable merely because it is similar to the name of another ship and may be confused with it.

The Registrar shall advise the applicant by notice in writing—

Except as provided in subsection (2), no ship shall be registered in Part A of the Register until it has been marked permanently and conspicuously in accordance with the following provisions:

In the case of a pleasure vessel, it shall be sufficient compliance with subsection (1) if—

Every ship registered in Part B of the Register shall, no later than 1 month after the date of its registration in that Part of the Register, be marked in accordance with the following provisions:

Alterations to the markings required by this section shall be made only in the case of ships registered in Part A of the Register and in accordance with this Act.

When a ship registered in Part B of the Register ceases to be registered, the owner shall remove the markings required by this section.

The Director may, subject to such conditions as the Director thinks fit to impose, exempt any ship or any class of ship from all or any of the requirements of subsection (1).

Every person commits an offence who, in relation to any marking that is on a registered ship in the manner prescribed, conceals, removes, alters, defaces, or obliterates any such marking, or causes or permits any other person to conceal, remove, alter, deface, or obliterate any such marking.

Every owner or master of a ship commits an offence who, in relation to any marking that is on a registered ship in the manner prescribed, fails to maintain any such marking.

Every person who commits an offence against subsection (8) or subsection (9) is liable on conviction,—

It is a defence to a charge in respect of an offence against subsection (8) or subsection (9) that the act or omission charged was done or omitted in accordance with this Act or for the purpose of escaping capture by an enemy.

Every ship marked in accordance with the provisions of Part 12 of the Shipping and Seamen Act 1952 and deemed by section 90 to be registered in Part A of the Register shall comply with the requirements of this section within 12 months after the commencement of this Act.

An exemption under subsection (7) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named ships.

The Registrar shall register a ship in Part A of the Register by entering in that Part the following particulars:

For the purposes of this section, a ship’s official number,—

When the registration of a ship has been completed under this section the Registrar shall retain the following documents:

Subject to subsection (5), the registration of a ship in Part A of the Register shall have effect until the registry in relation to that ship is closed under this Act.

Subject to subsection (6), the registration of any ship in Part A of the Register shall have no effect unless the ship is either required or entitled under this Act to be registered in that Part.

Nothing in this section shall prejudice any rights of a mortgagee that exist apart from this section.

The Registrar shall register a ship in Part B of the Register by entering in that Part the following particulars:

For the purposes of this section, a ship’s registration number,—

When the registration of a ship has been completed under this section the Registrar shall retain the following documents:

Subject to subsection (5), the registration of a ship in Part B of the Register—

The registration of any ship in Part B of the Register shall have no effect unless the ship is either required or entitled under this Act to be registered in that Part.

For the purposes of subsection (1)(e), a body corporate must state its address as follows:

For the purposes of registering property in a ship, the following provisions shall apply:

Where a share in a ship is jointly owned, or where 2 or more shares are jointly owned by the same persons, the joint owners of the relevant share or shares shall, for the purposes of subsection (1)(b), be treated as constituting 1 person.

Nothing in subsection (1) affects the beneficial interests of any person or of any body corporate represented by or claiming under or through a registered owner (including a registered joint owner).

Upon registration of a ship in Part A of the Register, the Registrar shall grant a certificate of registry in respect of the ship.

Upon registration of a ship in Part B of the Register, the Registrar shall grant a certificate of registration in respect of the ship.

Certificates of registry and registration shall be in the prescribed form.

A ship registered in Part A of the Register shall not depart from a New Zealand port to a foreign port unless there is endorsed on the ship’s certificate of registry—

An endorsement under subsection (1) shall be made or cancelled, as the case may be, upon lodgement with the Registrar or the Director of—

The certificate of registry or provisional certificate of registry or certificate of registration or provisional certificate of registration—

Every person having possession or control of a certificate of registry or a provisional certificate of registry or a certificate of registration or a provisional certificate of registration shall deliver the certificate on demand to—

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who—

If in any proceedings in respect of an offence against this section the court is of the opinion that the certificate to which the proceedings relate is lost, the court shall make an order to that effect and cause a copy of the order bearing the seal of the court to be served on the Registrar.

Where a certificate of registry or provisional certificate of registry or certificate of registration or provisional certificate of registration is mislaid or lost or destroyed, the Registrar shall, upon application made in writing by the owner or the master of the ship and accompanied by such documents and information as the Registrar may require, grant a new certificate in place of that certificate.

Where a certificate of registry or a certificate of registration in respect of a ship is mislaid or lost or destroyed while—

the Registrar shall, and the proper officer at that port who is authorised under subsection (6) to do so may, upon receipt of an application made in the prescribed form and subject to this section, grant a provisional certificate of registry or a provisional certificate of registration, as the case may require, in the prescribed form in respect of the ship.

Subject to subsection (3), where a ship becomes entitled or required under this Act to be registered in either Part A or Part B of the Register while—

the Registrar shall, and the proper officer at that port who is authorised under subsection (6) to do so may, upon receipt of an application made in the prescribed form and subject to this section, grant a provisional certificate of registry or a provisional certificate of registration, as the case may require, in the prescribed form in respect of the ship.

A provisional certificate of registry or a provisional certificate of registration shall be granted under subsection (2) only if, at the time of granting the certificate, the Registrar or proper officer is satisfied that—

The owner or master shall produce to the Registrar or proper officer such information as the Registrar or proper officer may reasonably require for the purposes of this section.

A proper officer who grants a provisional certificate of registry or a provisional certificate of registration under this section shall forward a copy of the certificate to the Registrar.

For the purposes of subsections (1) and (2), the Registrar may authorise any proper officer to grant provisional certificates of registry and provisional certificates of registration.

A provisional certificate of registry and a provisional certificate of registration shall be current until—

whichever first occurs.

The owner of a ship in respect of which a provisional certificate of registry or a provisional certificate of registration is granted shall, as soon as practicable, lodge the certificate or cause it to be lodged with the Registrar.

Every owner commits an offence and is liable on conviction to a fine not exceeding $2,000 who, without reasonable excuse, fails to comply with subsection (2).

During the period of its currency, a provisional certificate of registry has the same effect as a certificate of registry and a provisional certificate of registration has the same effect as a certificate of registration, and, for the purposes of this Act and of the lawful navigation of the ship concerned, the ship is deemed to be registered during that period.

Where the Registrar is satisfied that, by reason of special circumstances, permission should be granted for an unregistered ship to travel—

the Registrar may grant a temporary pass in respect of that ship.

A temporary pass shall be in the prescribed form and specify—

During the period of its currency, and subject to compliance with any conditions imposed in respect of the voyage, a temporary pass has the same effect as a certificate of registry, and for the purposes of this Act and of the lawful navigation of the ship concerned on the voyage specified in the pass, the ship is deemed to be registered during that period.

The owner of a ship in respect of which a temporary pass is granted shall, as soon as practicable after the pass expires, lodge the pass or cause it to be lodged with the Registrar.

Every owner commits an offence and is liable on conviction to a fine not exceeding $2,000 who, without reasonable excuse, fails to comply with subsection (4).

Where a ship registered in Part A of the Register is so altered as not to correspond with its description or with the particulars in the Register relating to the ship’s gross tonnage and net tonnage, or register length, then—

shall, as soon as practicable after the alteration, give notice of the alteration to the Registrar.

Upon—

the Registrar shall, subject to subsection (3), either enter the alteration on the ship’s certificate of registry or issue a new certificate of registry in respect of the ship.

If the ship is at a foreign port,—

Every owner and every representative person commits an offence and is liable on conviction to a fine not exceeding $5,000 who fails to comply with subsection (1).

In this section, surveyor means a surveyor of ships recognised by the Director.

Every owner, representative person, charterer, or mortgagee of any ship registered in Part A of the Register shall notify the Registrar of any change in the material particulars relating to that person and entered in the Register.

For the purposes of this section, the material particulars are as follows:

Notification of any change in the material particulars shall be given by the owner, representative person, charterer, or mortgagee by lodging with the Registrar or proper officer within 30 days after the change occurs, or as soon after the expiration of that period as may be reasonably practicable,—

As soon as practicable after—

the Registrar shall either—

Every owner, representative person, charterer, or mortgagee commits an offence and is liable to a fine not exceeding $2,000 who fails to comply with subsection (1).

Where a registered ship—

the owner of the ship shall, immediately after obtaining knowledge of the event, give notice in writing of the event to the Registrar.

Where the Registrar receives a notice under subsection (1), the Registrar shall make an entry in the Register of the event to which the notice relates.

Subject to section 33, where the Registrar makes an entry in the Register under subsection (2) in respect of any ship, the registration of that ship shall be deemed to be closed except so far as it relates to any unsatisfied mortgage of the ship or any share in the ship.

If the Registrar is satisfied that subsection (1) applies to a ship but the owner has not notified the Registrar as required by that subsection,—

For the purposes of subsection (1), a ship shall be deemed to be constructively lost if there is in respect of that ship a constructive total loss within the meaning of section 60 of the Marine Insurance Act 1908.

Every owner of a registered ship commits an offence and is liable on conviction to a fine not exceeding $5,000 who fails to comply with subsection (1).

Where—

the Registrar shall give the mortgagee, by registered post, notice in writing of the fact that the Registrar has been given such a notice.

Where the Registrar gives a mortgagee such notice in writing, the registration of the ship shall, so far as it relates to the mortgage held by that mortgagee, and subject to any order of the High Court under subsection (3), be deemed to be closed at the expiration of a period of 60 days after the date on which that notice was issued by the Registrar.

A mortgagee who has received a notice under subsection (1) may apply to the High Court within the period of 60 days after the date of issue of the notice, or within such extended time as the court on application made before or after the expiration of that period allows, and the court may do all or any of the following:

Notice of an application under this section (including an application for an extension of time) shall be served on the Registrar.

An order made by the court under this section may be on such terms and conditions as to costs and otherwise as the court thinks fit.

The Registrar shall give effect to any orders and directions given by the court under this section so far as they relate to the Register.

Nothing in this section shall prejudice any rights of a mortgagee that exist apart from this section.

This Part applies only in relation to ships registered in Part A of the Register.

Subject to section 36, a ship, or any share in a ship, shall be transferred by a bill of sale made in the prescribed form.

Where a ship or share in a ship is so transferred, the Registrar shall, as soon as practicable after the lodgement of the bill of sale together with a declaration of transfer made by the transferee in accordance with section 37,—

The transferee of any bill of sale made under this section shall lodge the bill of sale with the Registrar within 3 months after the date on which the transfer takes effect, and bills of sale lodged under this section shall be registered in the order of their lodgement.

Every transferee commits an offence and is liable on conviction to a fine not exceeding $2,000 who fails to lodge a bill of sale in accordance with subsection (3).

Subject to section 81, where a ship, or any share in a ship, passes by transmission to a person by any lawful means other than by a transfer under section 35, the Registrar shall, as soon as practicable after the lodgement of—

enter in the Register the name of that person as owner of the ship or share.

Every declaration of transfer or declaration of transmission shall be made in the prescribed form and in accordance with section 83, and, where the transferee or person entitled under the transmission is not the New Zealand Government, shall include the following particulars:

Where there is a change in the ownership of a ship, the transferee shall forthwith lodge with the Registrar or a proper officer the certificate of registry together with the documents required by section 35 or section 36, as the case may require.

Upon receipt by the Registrar of the documents referred to in subsection (1), the Registrar shall—

Where a proper officer receives such documents, the Registrar may authorise the proper officer to give effect to the change in the manner specified by the Registrar.

A ship or any share in a ship may be given as security for a mortgage under this Act.

The instrument of mortgage shall be made in the prescribed form.

As soon as practicable after the lodgement of a mortgage instrument so made, the Registrar shall—

Mortgage instruments lodged under this section shall be registered in the order of their lodgement.

Where 2 or more mortgages are registered in respect of the same ship or share in a ship, the priority among the mortgagees shall be in accordance with the order of registration of the mortgages, irrespective of the dates upon which they were made or executed and notwithstanding any express, implied, or constructive notice.

No registered mortgage of a ship or a share in a ship shall be affected by any act of bankruptcy committed by the mortgagor, and any such mortgage shall be preferred to any right, claim, or interest in that ship or share of the other creditors of the mortgagor or of any trustee or assignee in their behalf.

Subject to subsection (2), the parties to a mortgage registered under this Act may, by a memorandum in the prescribed form, do all or any of the following:

It shall not be necessary for a mortgagor to execute a memorandum of reduction, or for a mortgagee to execute a memorandum of increase, of the mortgage debt or of the rate of interest payable under a mortgage.

The memorandum may be registered in like manner as the original mortgage.

A memorandum varying the terms or conditions of any mortgage of a ship subject to a subsequent mortgage shall not be binding on any mortgagee unless the mortgagee has consented thereto in writing on that memorandum, but that consent shall render the said memorandum binding on the mortgagee so consenting, and shall be deemed to be notice to and shall be binding on all persons who may subsequently derive from the mortgagee any interest in the mortgaged property.

Notwithstanding anything in section 40, the parties to mortgages registered under this Act may from time to time, by a memorandum of priority in the prescribed form and registered under this Act, vary the priority between themselves of such mortgages.

The memorandum of priority shall be executed by the mortgagor and also by the mortgagee under every mortgage that, by the memorandum, is postponed to any mortgage over which it previously had priority.

Where any mortgage so postponed is subject to a submortgage, the memorandum of priority shall not be effective unless the submortgagee has consented thereto in writing on the memorandum.

Upon the registration of a memorandum of priority the Registrar shall record it upon the register and upon any relevant instrument of title.

A mortgage of a ship or of a share in a ship may be transferred by an instrument of transfer made in the prescribed form.

Where a mortgage is so transferred, the Registrar shall, as soon as practicable after the lodgement of the instrument of transfer, together with the mortgage instrument to which it relates,—

Subject to section 81, where the interest of a mortgagee in the mortgage of a ship or of a share in a ship passes by transmission to a person by any lawful means other than by a transfer under section 43, the Registrar shall, as soon as practicable after the lodgement of—

enter in the Register the name of that person as mortgagee of the ship or share concerned.

Where a mortgage is discharged, waived, or extinguished by operation of law (including forfeiture), the Registrar must make an entry in the Register, to the effect specified in subsection (2), as soon as practicable after—

The entry in the Register must be to the effect that the mortgage has been discharged, waived, or extinguished.

On an entry being made under this section, any interest of the mortgagee under the mortgage vests in the person in whom, having regard to any relevant statutory provisions or intervening acts and circumstances, it would have been vested if the mortgage had not been made.

The owner of a ship or of a share in a ship shall, subject to this Act and to any rights and powers appearing from the Register to be vested in any other person, have power absolutely to dispose of the ship or share and to give effectual receipts in respect of the disposal.

A mortgage of a ship or of a share in a ship shall not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, owner of the ship or share, except to the extent necessary to make the ship or share available as security under the mortgage.

Subject to subsection (2), a mortgagee of a ship or of a share in a ship shall have power absolutely to dispose of the ship or share and to give effectual receipts in respect of the disposal.

Where there are 2 or more mortgages of the same ship or share, a subsequent mortgagee shall not, except under the order of the High Court, dispose of the ship or share without the consent of every prior mortgagee.

Notice of a trust, whether express, implied, or constructive, shall not be entered in the Register or be receivable by the Registrar.

Nothing in subsection (1) prevents the registration of a ship that—

Subject to sections 46, 48, and 49, nothing in this Act shall affect any power to enforce any beneficial interest in a ship, or in a share in a ship, in the same manner as in respect of any other personal property.

A person claiming an interest in a ship or in a share in a ship under any unregistered instrument, or by operation of law, may lodge with the Registrar a caveat in the prescribed form forbidding the entry in the Register of any instrument relating to any dealing with that ship or share until after notice of the intended dealing is given to the caveator.

Every caveat shall—

A caveat shall not be entered in the Register by the Registrar unless there is specified in the caveat an address in New Zealand at which notices relating to the caveat or to proceedings in respect of the caveat may be served.

Where a person entitled to withdraw a caveat notifies the Registrar, by lodging a notice in the prescribed form, that the name of the caveator or the address for service of notices on the caveator has been changed from the name or address specified in the caveat, the Registrar shall record on the caveat and in the Register the name or address so notified and that name or address shall thereupon be the name of, or the address for service of notices on, the caveator.

Every notice relating to a caveat or to any proceeding in respect of a caveat shall be deemed to be duly served—

A caveat may be withdrawn—

Where there is lodged for entry in the Register an instrument relating to a dealing with a ship, or a share in a ship, in respect of which a caveat has been lodged and the Registrar is satisfied that, upon entry of that instrument in the Register there will vest in the caveator the interest claimed by the caveator in the caveat, the Registrar may, notwithstanding the caveat and the provisions of sections 54 and 55, enter the dealing in the Register and may record on the caveat or in the Register that the caveat has lapsed.

Upon entry in the Register of a caveat, the Registrar shall notify particulars of the caveat by registered post to the person or each person entered in the Register as an owner or part-owner or mortgagee, of the ship or share, as the case may be.

Any person notified or required to be notified under section 52 of the entry in the Register of a caveat may apply to the High Court for an order that the caveat be removed.

On an application for the removal of a caveat, the caveator has the onus of establishing why the caveat should not be removed.

The court may, upon proof that notice of the application has been served on the caveator or the caveator’s solicitor or agent, make such order, either ex parte or otherwise, as the court thinks fit.

A caveat entered in the Register in respect of a ship or a share in a ship shall, unless an order to the contrary is made by the High Court and served on the Registrar, be deemed to have lapsed upon the expiration of 28 days after notice is given by the Registrar by registered post to the caveator that the person or each person entered in the Register as an owner or part-owner of the ship or share or a person having a right to register a dealing with the ship or share, as the case may be, has applied for the registration of any dealing with the ship or share.

Subject to this section, so long as a caveat remains in force in respect of a ship or a share in a ship, the Registrar shall not, except with the consent in writing of a person entitled to withdraw the caveat, enter in the Register particulars of any dealing with that ship or share.

Subsection (1) shall not operate to prevent the entry in the Register of a dealing with a ship or a share in a ship which, when the caveat was lodged with the Registrar, had previously been lodged with the Registrar in a form satisfactory for entry in the Register.

Except to the extent that it otherwise specifies, a caveat shall not prevent the Registrar from entering in the Register—

A person who lodges or maintains a caveat with the Registrar without reasonable cause is liable to pay to a person who has sustained damage thereby such compensation as is just.

Such compensation is recoverable in an action in a court of competent jurisdiction by the person who has sustained damage from the person who lodged the caveat.

The following ships shall for all purposes be treated as being New Zealand ships and having New Zealand nationality:

Nothing in subsection (1) alters the character of a ship as an article of personal property.

Except as otherwise provided in any other Act, New Zealand Government ships shall fly the New Zealand Flag.

New Zealand ships other than New Zealand Government ships shall fly either the New Zealand Flag or the marine flag of New Zealand, but shall not fly both flags.

Subject to subsection (4), every New Zealand ship required or entitled to fly the New Zealand national colours shall fly the appropriate national colours in the following circumstances:

Subsection (3)(c) applies only to ships registered under section 6(1) and ships (other than barges) registered under section 8(1).

The master of any New Zealand ship required or entitled to fly the New Zealand national colours commits an offence and is liable on conviction to a fine not exceeding $5,000 if the ship—

Despite section 58 or any other enactment, the powers of the Sovereign and the Governor-General include the power—

Where any New Zealand ship is entitled to fly any flag in accordance with an authority given by the Sovereign or the Governor-General, that flag is the appropriate national colour for that ship and subsections (3), (4), and (5)(a) of section 58 apply with any necessary modifications.

A Customs officer shall not grant a certificate of clearance in respect of a ship about to leave a New Zealand port for a place outside New Zealand until the master of the ship has declared the nationality of the ship.

A declaration made under subsection (1) shall be recorded on the certificate of clearance.

Any ship that attempts to proceed to sea without a certificate of clearance until the declaration of nationality is made may be detained.

The master or owner of a ship that is not a New Zealand ship commits an offence who does anything, or causes or permits anything to be done, for the purpose of causing the ship to appear to be a New Zealand ship.

The master or owner of a ship required by section 58 to fly the New Zealand national colours (within the meaning of that section) commits an offence who does anything, or causes anything to be done, for the purpose of—

Every master or owner who commits an offence against subsection (1) or subsection (2) is liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000; and the ship in respect of which the offence has been committed is liable on conviction to forfeiture under this Act.

In any prosecution for an offence against subsection (1) or subsection (2), it is a defence if the defendant proves that the purpose of the conduct specified in the charge was to escape capture by an enemy.

There shall from time to time be appointed under the Public Service Act 2020 a Registrar of Ships.

The Registrar shall be responsible for maintaining the New Zealand Register of Ships, and shall have such functions, responsibilities, and duties as are conferred on the Registrar by this Act or any other enactment.

The Registrar shall have all such powers as may be reasonably necessary to enable the Registrar to carry out the functions, responsibilities, and duties imposed on the Registrar by this Act or any other enactment.

There may also from time to time be appointed under the Public Service Act 2020 suitable persons to be Deputy Registrars of Ships.

Unless the Registrar otherwise directs in the case of any Deputy Registrar, every Deputy Registrar shall have and may exercise all the functions, duties, and powers of the Registrar.

A Deputy Registrar performing or exercising any of the Registrar’s functions, duties, or powers shall be presumed to be acting within the terms of his or her authority, in the absence of proof to the contrary.

The Registrar shall have and use a seal of office in the prescribed form.

Every document bearing the imprint of the seal and purporting to be signed or issued by the Registrar or a Deputy Registrar shall be admissible in evidence, and shall be deemed to be signed or issued by or under the direction of the Registrar without further proof, unless the contrary is proved.

Neither the Registrar nor any Deputy Registrar shall be personally liable in respect of any act or omission in that person’s capacity as Registrar or Deputy Registrar, unless that person acts in bad faith or without reasonable care.

For the purposes of this Act, there shall be a register to be known as the New Zealand Register of Ships, in which shall be entered all matters required or permitted by this Act to be registered.

The Register shall consist of—

The Register and official copies of the Register or of any part of the Register shall be kept at such place or places as the Minister from time to time appoints by notice in the Gazette.

For the purposes of this Act, the Minister may from time to time, by notice in the Gazette, designate any port as a port of registry.

On payment of the prescribed fee (if any), any person—

The Director may appoint any organisation to maintain the Register or any Part of it, and for that purpose may enter into an agreement with the organisation setting out the conditions under which the Register or that Part will be maintained.

Any such agreement may provide for the appointment of a registrar or deputy registrars and, subject to the terms of the agreement, any persons so appointed shall have and may exercise, in relation to the Register or the relevant Part of the Register, all the powers, duties, and functions of the Registrar or Deputy Registrars, as the case may be, under this Act.

No person shall be personally liable in respect of any act or omission in that person’s capacity as such a registrar or deputy registrar, unless that person acts in bad faith or without reasonable care.

The Registrar may correct, or cause to be corrected, any clerical error or obvious mistake in the Register.

Where, in relation to a particular ship,—

the Registrar may, by notice in writing served on the representative person or the owner of the ship, require that person to furnish to the Registrar within a specified period (being not less than 30 days) after the date of service of the notice, such information and documents relating to the ship as are specified in the notice.

Where—

the Registrar shall report the facts to the Director, and the Director may give the Registrar such directions in writing as the Director thinks fit with respect to the closure of the registry relating to the ship, or with respect to any entry made or to be made relating to the ship.

The Registrar shall comply with any direction given by the Director under subsection (2).

Where the Director directs the closure of the registry relating to the ship,—

Where—

a person aggrieved or the Registrar may apply to the High Court for rectification of the Register.

Notice of an application under subsection (1) by a person aggrieved shall be served on—

The court may, in proceedings under this section,—

A copy of an order under this section shall be served on the Registrar, and the Registrar shall thereupon rectify the Register accordingly.

Where a question arises in New Zealand as to the priority of instruments creating securities or charges in respect of a ship registered under the law of a foreign country, instruments creating securities or charges in respect of the ship and duly registered in respect of the ship under that law shall—

A ship may be detained under section 6(4) or section 59(3) by any of the following officers:

A Customs officer shall not grant a certificate of clearance in respect of a ship that is detained under this Act.

The master or owner of any ship detained under this Act commits an offence and is liable on conviction to a fine not exceeding $5,000 who causes or permits that ship to go to sea or fails to take reasonable steps to prevent that ship going to sea, before it is released from detention by a competent authority.

The provisions of the Maritime Transport Act 1994 shall, with any necessary modifications, apply in relation to any ship detained under this section as if it were a ship detained under section 55 of that Act.

Where a ship is liable to forfeiture under section 60(3),—

Upon application by the Minister under subsection (1) in relation to a ship, the court may order the ship and its equipment to be forfeited to the Crown.

Anything forfeited under this section becomes the property of the Crown and may be sold or otherwise dealt with as the Minister thinks fit.

An officer specified in section 71(1) shall not be liable either civilly or criminally in respect of any seizure or detention under this Act if it is shown to the satisfaction of the court determining any proceedings relating to the ship or seizure or detention that there were reasonable grounds for the seizure or detention.

If the court is not satisfied that there were reasonable grounds for the seizure or detention, it may award costs and damages to any party aggrieved and make such other order as it thinks just.

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who makes or presents to an officer having duties and functions under this Act any oral or written statement, knowing that statement to be false or misleading in any material particular.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000 who, by means of a statement or document that the person knows to be, or to contain information that is, false or misleading in any material particular, causes or attempts to cause an officer to do or refrain from doing any act or thing in the performance or exercise of that officer’s duties, functions, or powers under this Act.

For the purposes of the application of this section in relation to a body corporate, but without prejudice to the liability of any person other than the body corporate,—

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000 who—

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who prints, sells, or uses any document purporting to be a form prescribed by the Minister, knowing that the document is not in fact a form that is for the time being prescribed by the Minister.

Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of a like offence if it is proved that the act or omission that constituted the offence took place with that person’s authority, permission, or consent, or that the person knew or should have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

For the purpose of any proceedings for an offence against this Act, the following provisions shall apply:

Where for the purposes of this Act any document is to be served on any person, that document may be served,—

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000, who obstructs the service of any document under this Act; and the owner or master of the ship commits an offence and is liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000 if the owner or master is a party to the obstruction.

A document declared by any provision of this Act to be admissible in evidence is, on mere production, admissible in evidence in any proceedings as prima facie evidence of—

The person having custody of any document referred to in subsection (1) shall, upon payment of the prescribed fee (if any) by the applicant, supply to the applicant a copy of or an extract from the document, certified by writing signed by that person.

The Registrar or a Deputy Registrar may, subject to this Act,—

A document purporting to be a copy or an extract supplied under subsection (2) or subsection (3) is admissible in evidence.

Where the Registrar requires any person to furnish evidence of a transmission of any ship or share in a ship, or of any mortgage of a ship or share in a ship, under either section 36 or section 44, it is sufficient compliance with such requirement,—

When, under this Act, any person is required or permitted to make a declaration on behalf of himself or herself or of any body corporate or produce any evidence to the Registrar or do any other act, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to make the declaration or produce the evidence or do the act, the Registrar may, subject to any conditions imposed by the Director, dispense with the declaration or evidence or act.

Any such declaration may be made or evidence produced or other act done by an agent approved for the purpose by the Registrar or by order of the High Court.

Declarations required by this Act shall, when made in New Zealand, be made before any person before whom a declaration may be made under section 9 of the Oaths and Declarations Act 1957 or before any Registrar of Ships.

Declarations required by this Act shall, when made out of New Zealand, be made—

Declarations required by this Act to be made on behalf of a body corporate shall be made by any officer of the body corporate authorised by it for the purpose.

For the purposes of this Act, the Director may from time to time—

The Director shall cause all prescribed forms to be supplied free of charge or at such reasonable prices as the Director may fix, at such offices of the Director and other places as the Director thinks fit.

The Director may license any person to print and sell prescribed forms, or to do either of those things.

Where a form is required by this Act to be in the prescribed form,—

For the purposes of this Act, the Director may from time to time, by notice in the Gazette, appoint or recognise any person as a proper officer in relation to a port in a foreign country.

The Minister may from time to time, either generally or particularly, delegate to the Director all or any of the Minister’s functions and powers under this Act.

Every delegation under this section shall be in writing.

The Director shall not delegate any functions or powers delegated to the Director under this section without the written consent of the Minister.

The power of the Minister to delegate under this section—

Subject to any general or special directions given or conditions imposed by the Minister, the Director may exercise any functions or powers so delegated to the Director in the same manner and with the same effect as if they had been conferred on the Director directly by this section and not by delegation.

Where the Director purports to act pursuant to any delegation under this section, the Director shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

No such delegation shall affect or prevent the exercise of any function or power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation.

The Director may from time to time, either generally or in any particular case, delegate to such officer or officers or employee or employees of the Authority as the Director thinks fit all or any of the powers of the Director under sections 19(7) and 82(1).

Subject to any general or special directions given or conditions attached by the Director, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred upon that officer or employee directly by this section and not by delegation.

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.

Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

Any delegation under this section may be revoked at any time, and no such delegation shall prevent the exercise of any power by the Director.

Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Director by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Director.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The enactments specified in Part 1 of the Schedule are hereby repealed.

The enactments specified in Part 2 of the Schedule are hereby amended in the manner indicated in that Part.

Amendment(s) incorporated in the Act(s).

The following regulations and orders are hereby revoked:

As from the commencement of this Act, the Merchant Shipping (Registration of New Zealand Government Ships) Order 1946 (SR 1946/174) shall cease to be part of the law of New Zealand.

The following exemptions granted by the Minister of Marine under section 308(5) of the Shipping and Seamen Act 1908 are hereby revoked:

Every ship that—

is deemed to be registered in Part A of the Register.

The Registrar shall as soon as practicable issue a certificate of registry in respect of each ship that is so deemed to be registered, and for this purpose the Registrar may require the production of the certificate of registry issued before the commencement of this Act in respect of any such ship.

Each register book kept at a port in New Zealand under the provisions of Part 12 of the Shipping and Seamen Act 1952 is deemed to be part of Part A of the Register established under this Act.

Every ship that is deemed by subsection (1) to be registered in Part A of the Register is deemed always to have been lawfully registered under Part 12 of the Shipping and Seamen Act 1952.

The Registrar may, by notice in writing served on any person owning or having the management of the ship deemed to be registered by section 90, require that person within a specified period (being not less than 30 days) after the date of the notice—

If—

the Director may, by notice in writing to the Registrar, direct that the registration relating to the ship be closed.

Upon receipt by the Registrar of such a notice, the provisions of section 32 shall apply as if the ship had ceased to be entitled to be registered and the notice were a notice under section 32(1)(b) stating that fact.

All applications for registration of a ship under the provisions of Part 12 of the Shipping and Seamen Act 1952 that have not been finally dealt with at the commencement of this Act shall be subject to this section.

Every application that is subject to this section shall be deemed to be an application under this Act and the Registrar shall complete the registration of the ship accordingly.

Every ship that, at the commencement of this section,—

is subject to this section.

The owner of any ship that is subject to this section shall take such action as is necessary to register the ship in Part A of the Register within 6 months after the commencement of this section by way of a transfer of the registration to the Register.

The owner shall furnish the Registrar with, or arrange for the foreign registry office to transmit to the Registrar,—

The prescribed fee (if any) in respect of the transfer of any registration under this section shall be payable by the owner.

Unless the context otherwise requires, every reference in any other Act to a registered New Zealand ship shall be read as if it were a reference to a ship registered or deemed to be registered under this Act.

Notwithstanding the repeal of sections 383 and 383A of the Shipping and Seamen Act 1952 by section 88(1) of this Act,—