Marine Protection (Offences) Regulations 1998

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Version as at 26 August 2022

Marine Protection (Offences) Regulations 1998

(SR 1998/205)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 20th day of July 1998

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Transport.

Pursuant to section 394 and (in respect of regulation 5) section 201(1)(e) of the Maritime Transport Act 1994, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement

(1)

These regulations may be cited as the Marine Protection (Offences) Regulations 1998.

(2)

These regulations come into force on 20 August 1998.

2 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

the Act means the Maritime Transport Act 1994

Marine Protection Rules or rules means the ordinary rules made under Part 27 of the Maritime Transport Act 1994

provision means a provision of the Marine Protection Rules.

(2)

Every reference in these regulations to any provision includes every provision for the time being in force amending or made in substitution for that provision.

(3)

The brief descriptions given in the second column of Schedule 1 are intended only to be an indication of the content of the provisions they describe, and are not intended to be used in the interpretation of the provisions.

(4)

Abbreviations used in the second column of Schedule 1 have the meanings given to those abbreviations in the Marine Protection Rules.

3 Offences and penalties

(1)

A breach of a provision specified in the first column of Schedule 1 is an offence against the Act.

(2)

A person who commits an offence referred to in subclause (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding the amount specified in relation to that offence in the third column of Schedule 1:

(b)

in the case of a person other than an individual, to a fine not exceeding the amount specified in relation to that offence in the fourth column of Schedule 1.

Regulation 3 heading: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 3(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

4 Infringement offences

(1)

A breach of a provision specified in the first column of Schedule 1 for which an infringement fee is specified in Schedule 1 is an infringement offence against the Act.

(2)

The infringement fee for an offence referred to in subclause (1) is,—

(a)

in the case of an individual, the infringement fee specified in relation to that offence in the fifth column of Schedule 1:

(b)

in the case of a person other than an individual, the infringement fee specified in relation to that offence in the sixth column of Schedule 1.

5 Infringement notices

Every infringement notice under section 423 of the Act in respect of an infringement offence referred to in regulation 4(1) must be in the form set out in Schedule 2.

Regulation 5: amended, on 10 October 2006, by regulation 4 of the Marine Protection (Offences) Amendment Regulations 2006 (SR 2006/245).

6 Infringement offence reminder notices

Every infringement offence reminder notice must be in the form set out in Schedule 3.

Regulation 6: added, on 1 March 2007, by regulation 4 of the Marine Protection (Offences) Amendment Regulations (No 3) 2006 (SR 2006/392).

Schedule 1 Offence provisions and penalties

rr 3, 4

Provision	Brief description	Maximum penalty on conviction for individual ($)	Maximum penalty on conviction for person other than individual ($)	Infringement fee for individual ($)	Infringement fee for person other than individual ($)
Part 100	Port reception facilities
Rule 100.14	Person must ensure that port has reception facilities for Annex VI substances	—	35,000	—	7,000
Part 101A	Surveys and inspections—oil
Rule 101A.6(1)	Owner and master of ship must ensure condition of ship and equipment maintained after survey	5,000	30,000	—	—
Rule 101A.6(2)	Owner and master of ship must ensure no change made to ship’s structure, equipment etc after survey without approval	5,000	30,000	—	—
Rule 101A.6(4)	Owner and master of ship must report accident to ship or defect discovered in ship	5,000	30,000	—	—
Rule 101A.6(5)	Owner and master of ship must ensure report of accident or defect made to Director, authorised organisation, and appropriate authorities	5,000	30,000	—	—
Rule 101A.7(2)	Owner of oil tanker over certain age must ensure oil tanker subject to enhanced programme of inspections	5,000	30,000	—	—
Rule 101A.7(3)	Owner and master of oil tanker over certain age must ensure complete file of survey reports on board	5,000	30,000	2,000	12,000
Rule 101A.7(4)	Owner and master of oil tanker over certain age must ensure survey file accompanied by condition evaluation report, and both in standard format	5,000	30,000	2,000	12,000
Part 101B	Surveys and inspections—noxious liquid substances carried in bulk
Rule 101B.6(1)	Owner and master of ship must ensure condition of ship and equipment maintained after survey	5,000	30,000	—	—
Rule 101B.6(2)	Owner and master of ship must ensure no change made to ship’s structure, equipment etc after survey without approval	5,000	30,000	—	—
Rule 101B.6(4)	Owner and master of ship must report accident to ship or defect discovered in ship	5,000	30,000	—	—
Rule 101B.6(5)	Owner and master of ship must ensure report of accident or defect made to Director, authorised organisation, and appropriate authorities	5,000	30,000	—	—
Part 123A	Documents—oil
Rule 123A.4(2)	Owner and master of New Zealand ship must ensure international oil pollution prevention certificate carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 123A.6(2)	Owner and master of New Zealand ship must ensure record of construction and equipment carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 123A.8(1)(b)	Owner and master of foreign ship registered in state party to MARPOL must ensure text of oil pollution prevention certificate includes translation	1,250	7,500	500	3,000
Rule 123A.8(2)	Owner and master of foreign ship registered in state party to MARPOL must ensure international oil pollution prevention certificate carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 123A.9(1)(c)	Owner and master of foreign ship registered in state party to MARPOL must ensure record of construction and equipment includes translation	1,250	7,500	500	3,000
Rule 123A.9(2)	Owner and master of foreign ship registered in state party to MARPOL must ensure record of construction and equipment carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 123A.11(1)(b)	Owner and master of foreign ship registered in state not party to MARPOL must ensure oil pollution prevention document includes translation	1,250	7,500	500	3,000
Rule 123A.11(2)	Owner and master of foreign ship registered in state not party to MARPOL must ensure oil pollution prevention document carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 123A.12(1)(b)	Owner and master of foreign ship registered in state not party to MARPOL must ensure record of construction and equipment includes translation	1,250	7,500	500	3,000
Rule 123A.12(2)	Owner and master of foreign ship registered in state not party to MARPOL must ensure record of construction and equipment carried on board and made available for inspection	5,000	30,000	2,000	12,000
Part 123B	Documents (record books and manuals)—oil
Rule 123B.4	Owner and master of New Zealand ship must ensure oil record books carried on board	5,000	30,000	—	—
Rule 123B.5(3)	Master of New Zealand ship must sign each page of oil record books	625	—	250	—
Rule 123B.5(5)	Owner and master of New Zealand ship must ensure oil record books available for inspection and kept on board	5,000	30,000	2,000	12,000
Rule 123B.8(3)	Master of foreign ship must sign each page of oil record books	625	—	250	—
Rule 123B.8(5)	Owner and master of foreign ship engaged in international trade must ensure entries in oil record books are in required languages	1,250	7,500	500	3,000
Rule 123B.8(6)	Owner and master of foreign ship engaged in trade other than international trade must ensure entries in oil record books are in required languages	1,250	7,500	500	3,000
Rule 123B.8(7)	Owner and master of foreign ship must ensure oil record books available for inspection and kept on board	5,000	30,000	2,000	12,000
Rule 123B.11(3)	Master of small New Zealand oil tanker must sign each page of oil record book	625	—	250	—
Rule 123B.11(5)	Owner and master of small New Zealand oil tanker must ensure oil record book available for inspection and kept on board	5,000	30,000	2,000	12,000
Rule 123B.14(3)	Master of small foreign oil tanker must sign each page of oil record book	625	—	250	—
Rule 123B.14(5)	Owner and master of small foreign oil tanker engaged in international trade must ensure entries in oil record book are in required languages	1,250	7,500	500	3,000
Rule 123B.14(6)	Owner and master of small foreign oil tanker engaged in trade other than international trade must ensure entries in oil record book are in required languages	1,250	7,500	500	3,000
Rule 123B.14(7)	Owner and master of small foreign oil tanker must ensure oil record book available for inspection and kept on board	5,000	30,000	2,000	12,000
Rule 123B.19	Owner and master of foreign oil tanker operating with dedicated clean ballast tanks must ensure required manual carried on board	5,000	30,000	—	—
Rule 123B.20	Owner and master of foreign oil tanker with crude oil washing system must ensure required manual carried on board	5,000	30,000	—	—
Rule 123B.21(2)	Owner and master of foreign ship with oil discharge monitoring and control system must ensure required manual carried on board	5,000	30,000	—	—
Part 125	Shipboard operations—oil
Rule 125.4(1)	Owner and master of ship must ensure no ballast water carried in ship’s oil fuel tanks except in certain circumstances	5,000	30,000	—	—
Rule 125.4(3)	Owner and master of ship must ensure no ballast water carried in any oil fuel tank except in certain circumstances	5,000	30,000	—	—
Rule 125.6(1)	Owner and master of ship must ensure no ballast water carried in any cargo tank except in certain circumstances	5,000	30,000	—	—
Rule 125.6(4)	Owner and master of crude oil tanker must ensure sufficient cargo tanks are crude oil washed prior to ballast voyage	5,000	30,000	—	—
Rule 125.7	Master of oil tanker must ensure valves or closing devices kept closed when ship en route and ship’s cargo tanks contain cargo oil	5,000	—	—	—
Rule 125.8	Owner and master of ship required to carry manual under rule 123B.19 or rule 123B.20 or rule 123B.21(2) must ensure operational procedures in manual complied with	5,000	30,000	—	—
Part 130A	Shipboard marine oil spill contingency plans
Rule 130A.20	Responsibilities of owner and master of New Zealand ship re periodic testing of ship’s New Zealand shipboard marine oil spill contingency plan	3,000	20,000	—	—
Rule 130A.21	Responsibilities of owner of New Zealand ship re notification of modifications to ship’s New Zealand shipboard marine oil spill contingency plan	3,000	20,000	—	—
Rule 130A.23	Owner and master of foreign ship must ensure appropriate oil pollution emergency plan carried on board	5,000	30,000	—	—
Part 130B	Oil transfer site marine oil spill contingency plans
Rule 130B.4	No person may operate oil transfer site without approved contingency plan that complies with certain requirements	5,000	30,000	2,000	12,000
Rule 130B.4	Responsibilities of owner of oil transfer site re training of personnel responsible for implementing site marine oil spill contingency plan and dealing with oil spills	5,000	30,000	—	—
Rule 130B.5(1)(a)	Owner of oil transfer site must ensure site marine oil spill contingency plan available	3,000	20,000	—	—
Rule 130B.5(1)(b)	Owner of oil transfer site must ensure site marine oil spill contingency plan complies with requirements	5,000	30,000	—	—
Rule 130B.8(a)	Operator of oil transfer site must ensure certain personnel receive appropriate training	5,000	30,000	2,000	12,000
Rule 130B.8(c)	Operator of oil transfer site must maintain access to equipment to deal with oil spill	5,000	30,000	2,000	12,000
Rule 130B.8(d)	Operator of oil transfer site must, when called upon by the Director, justify response option in contingency plan as effective and achievable	3,000	20,000	1,200	7,200
Rule 130B.9(1)	Operator of oil transfer site must keep Director’s written approval with approved site marine oil spill contingency plan, and make both documents available to Director on request	3,000	20,000	1,200	7,200
Rule 130B.9(3)	Operator must, as soon as practicable, supply a copy of Director’s written approval and approved contingency plan to Director, District Chief Officer, and regional on-scene commander (if any)	3,000	20,000	1,200	7,200
Rule 130B.10(1)	Operator of oil transfer site must ensure contingency plan is tested and reviewed	3,000	20,000	1,200	7,200
Rule 130B.10(2)	Operator of oil transfer site must keep record of every test and review, and the results and findings	2,500	15,000	500	3,000
Rule 130B.10(3)	Operator of oil transfer site must determine and implement changes to contingency plan	2,500	15,000	500	6,000
Rule 130B.11(1)	Operator of oil transfer site must ensure any modification to contingency plan is notified	1,250	6,000	500	3,000
Rule 130B.11(2)	Operator of oil transfer site must keep a record of action(s) taken in accordance with rule 130B.11(1)	1,250	6,000	500	3,000
Rule 130B.12(1)	Operator of oil transfer site must obtain approval for modifications to contingency plan	5,000	30,000	2,000	12,000
Rule 130B.13	Operator of oil transfer site must report any marine oil spill	—	—	2,000	1,200
Part 131	Offshore installations—oil spill contingency plans and oil pollution prevention certification
Rule 131.21	No person may operate offshore installation without Director’s written approval of oil spill contingency plan	5,000	30,000	—	—
Rule 131.25(1)	Owner must keep approved oil spill contingency plan with Director’s written approval, and make both documents available to Director on request	—	—	500	3,000
Rule 131.25(4)	If offshore installation is within a region, owner must supply a copy of Director’s written approval and approved oil spill contingency plan to regional on-scene commander as soon as practicable after approval is issued	1,250	6,000	500	3,000
Rule 131.26(1)	Owner must apply to Director for approval of modification to oil spill contingency plan in accordance with rule	5,000	30,000	2,000	12,000
Rule 131.27(1)	Owner must notify Director and every person holding a copy of oil spill contingency plan required to be kept or supplied under rule 131.25 of modification made to that plan	1,250	6,000	500	3,000
Rule 131.27(2)	Owner must keep record of actions taken in accordance with rule 131.27(1)	1,250	6,000	500	3,000
Rule 131.28	Owner of offshore installation must—
	(a) ensure personnel are aware of their responsibilities under approved oil spill contingency plan and receive appropriate training; and	5,000	30,000	2,000	12,000
	(b) ensure training is undertaken and recorded, and training record maintained and provided to Director in accordance with rule; and	1,250	6,000	500	3,000
	(c) maintain access to equipment to deal with spill at appropriate level; and	5,000	30,000	2,000	12,000
	(d) when requested by Director, justify response option identified in oil spill contingency plan as effective and achievable	1,250	6,000	500	3,000
Rule 131.29(1)	Owner of offshore installation must test emergency response procedures and review effectiveness of procedures in accordance with rule	5,000	30,000	2,000	12,000
Rule 131.29(2)	Owner must notify Director of test or review, make and keep a record of every test and review made under rule 131.29(1) and of the results, and provide a copy of the results to Director in accordance with rule	2,500	15,000	500	3,000
Rule 131.29(3)	Following every review of emergency response procedures, owner must determine modifications to oil spill contingency plan, submit modifications to Director for approval, and implement modifications in accordance with rule	2,500	15,000	500	3,000
Rule 131.41(1)	Owner of offshore installation must report oil spill in accordance with rule	—	—	2,000	12,000
Rule 131.41(2)	Person responsible for implementing emergency response procedures must report oil spill that he or she considers cannot be contained or cleaned up using the resources available in accordance with rule	—	—	2,000	12,000
Rule 131.42(1)	Owner must ensure event or defect is reported in accordance with rule 131.42(2)	5,000	30,000	2,000	12,000
Rule 131.61(1)	Owner of offshore installation must ensure there is a valid international oil pollution prevention certificate held in respect of installation	2,500	15,000	1,000	6,000
Rule 131.61(2)	Owner must ensure international oil pollution prevention certificate held in respect of offshore installation is available in accordance with rule	2,500	15,000	1,000	6,000
Rule 131.62(1)	Owner of offshore installation must ensure installation undergoes initial survey, renewal surveys, annual survey, and intermediate survey	5,000	30,000	2,000	12,000
Rule 131.66(1)	Owner of offshore installation must ensure offshore installation’s equipment is maintained	5,000	30,000	2,000	12,000
Rule 131.66(2)	Owner must ensure no change is made to offshore installation’s structure, equipment, systems, piping, fittings, arrangements, or material covered by survey, without approval of surveyor (except direct replacement of equipment and fittings)	5,000	30,000	2,000	12,000
Rule 131.81	Owner of offshore installation must ensure placards re discharge requirements are displayed in accordance with rule	5,000	30,000	2,000	12,000
Rule 131.81	Owner of offshore installation must ensure placards re discharge requirements are in required languages	1,250	7,500	500	3,000
Rule 131.82(1)(a)	Owner of offshore installation in territorial sea must ensure installation has garbage management plan	5,000	30,000	—	—
Rule 131.82(1)(b)	Owner of offshore installation in territorial sea must ensure up-to-date copy of garbage management plan is carried on board installation	5,000	30,000	—	—
Rule 131.82(1)(c)	Owner of offshore installation in territorial sea must ensure all persons on board comply with garbage management plan	5,000	30,000	—	—
Rule 131.82(3)	All persons on board offshore installation in territorial sea must comply with garbage management plan	5,000	—	—	—
Rule 131.83	Owner of offshore installation must comply with garbage record book requirements	5,000	30,000	2,000	12,000
Rule 131.84(1)	Owner of offshore installation must ensure installation is fitted with oil filtering equipment meeting specified requirements	5,000	30,000	2,000	12,000
Rule 131.84(2)	Offshore installation of 10 000 gross tons or more must have oil filtering equipment fitted with alarm and arrangements to ensure discharge of oily mixture is automatically stopped if oil content of effluent exceeds 15 parts per million	5,000	30,000	2,000	12,000
Rule 131.85(1)	Owner of offshore installation that is not fixed offshore installation must ensure installation is fitted with oil residue (sludge) tank that complies with prescribed requirements	5,000	30,000	2,000	12,000
Rule 131.85(3)	Owner of fixed offshore installation must ensure installation is fitted with oil residue (sludge) tank that complies with prescribed requirements	5,000	30,000	2,000	12,000
Rule 131.86(1)	Owner of offshore installation must provide installation with oil record book in approved form	4,000	25,000	1,000	6,000
Rule 131.86(2)	Owner must ensure an entry is made in oil record book of certain operations taking place on offshore installation and of certain discharges	4,000	25,000	1,000	6,000
Rule 131.86(3)	Owner must ensure statement is made in oil record book of the circumstances of and reasons for discharge or escape of oil or oily mixtures or substances containing oil	4,000	25,000	1,000	6,000
Rule 131.86(6)	Owner must ensure oil record book is available for inspection and is kept in accordance with rule	4,000	25,000	1,000	6,000
Rule 131.86(7)	Owner must ensure a true copy of every completed page of offshore installation’s oil record book is forwarded to Director in accordance with rule	1,250	7,500	500	3,000
Rule 131.86(8)	Owner must preserve oil record book for 3 years after last entry	5,000	30,000	2,000	12,000
Part 140	Discharge of noxious liquid substances carried in bulk
Rule 140.17(1)	Owner and master of ship within New Zealand must ensure tank from which Category A substance unloaded is washed in accordance with rule	5,000	30,000	—	—
Rule 140.17(5)	Responsibilities of owner and master of ship within New Zealand re discharge and washing of slop tanks—Category A substances	5,000	30,000	—	—
Rule 140.18	Responsibilities of owner and master of ship within New Zealand re prewashing of tank from which Category B or Category C substance unloaded	3,000	20,000	—	—
Rule 140.19	Responsibilities of owner and master of ship within New Zealand re tank from which Category D substance unloaded	3,000	20,000	—	—
Rule 140.21(1)	Owner and master of New Zealand ship outside New Zealand must ensure tank from which Category A substance unloaded is washed in accordance with rule	5,000	30,000	—	—
Rule 140.21(4)	Responsibilities of owner and master of New Zealand ship outside New Zealand re discharge and washing of slop tanks—Category A substances	5,000	30,000	—	—
Rule 140.25	Responsibilities of owner and master of New Zealand ship outside New Zealand re tank from which Category D substance unloaded	5,000	30,000	—	—
Rule 140.27	Responsibilities of owner and master of ship re proposal to carry uncategorised liquid substances in bulk	5,000	30,000	—	—
Rule 140.33	Responsibilities of master of ship rendering assistance or undertaking salvage re reporting to nearest coastal state	5,000	—	—	—
Part 142A	Documents (certificates)—noxious liquid substances
Rule 142A.4(2)	Owner and master of New Zealand ship must ensure international pollution prevention certificate for carriage of noxious liquid substances in bulk is carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 142A.7(1)(b)	Owner and master of foreign ship registered in state party to MARPOL must ensure text of international pollution prevention certificate for carriage of noxious liquid substances in bulk includes translation	1,250	7,500	500	3,000
Rule 142A.7(3)	Owner and master of foreign chemical tanker registered in state party to MARPOL issued with certificate of fitness must ensure certificate includes translation	1,250	7,500	500	3,000
Rule 142A.7(4)	Owner and master of foreign ship registered in state party to MARPOL must ensure international pollution prevention certificate for carriage of noxious liquid substances in bulk or certificate of fitness is carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 142A.9(1)(b)	Owner and master of foreign ship registered in state not party to MARPOL must ensure noxious liquid substance pollution prevention document includes translation	1,250	7,500	500	3,000
Rule 142A.9(3)	Owner and master of foreign chemical tanker registered in state not party to MARPOL issued with document of fitness must ensure document includes translation	1,250	7,500	500	3,000
Rule 142A.9(4)	Owner and master of foreign ship registered in state not party to MARPOL must ensure noxious liquid substance pollution prevention document or document of fitness carried on board and made available for inspection	5,000	30,000	2,000	12,000
Part 142B	Documents (record books and manuals)—noxious liquid substances
Rule 142B.5(5)	Owner and master of New Zealand ship must ensure cargo record book available for inspection and kept on board	5,000	30,000	2,000	12,000
Rule 142B.5(7)	Owner of New Zealand ship must preserve cargo record book for 3 years	5,000	30,000	2,000	12,000
Rule 142B.8(5)	Owner and master of foreign ship engaged in international trade must ensure entries in cargo record book are in required languages	1,250	7,500	500	3,000
Rule 142B.8(6)	Owner and master of foreign ship engaged in trade other than international trade must ensure entries in cargo record book are in required languages	1,250	7,500	500	3,000
Rule 142B.8(7)	Owner and master of foreign ship must ensure cargo record book available for inspection and kept on board	5,000	30,000	2,000	12,000
Rule 142B.10(5)	Responsibilities of owner of New Zealand ship re revision of Procedures and Arrangements Manual	3,000	20,000	—	—
Rule 142B.11	Owner and master of foreign ship must ensure that Procedures and Arrangements Manual or other appropriate manual carried on board	5,000	30,000	—	—
Part 150	Carriage of cargoes—harmful substances carried in packaged form
Rule 150.4	Responsibilities of owner and master of ship re jettison of harmful substances	5,000	30,000	—	—
Rule 150.5(5)	Responsibilities of owner and master of ship re washing of leakages overboard	5,000	30,000	2,000	12,000
Part 160	Prevention of pollution by sewage from ships in the Antarctic Treaty Area
Rule 160.5	Owner and master of New Zealand ship must ensure condition of ship maintained after survey and no change made to equipment etc after survey without approval	5,000	30,000	—	—
Rule 160.6(2)	Owner and master of New Zealand ship must ensure international sewage pollution prevention document of compliance carried on board and made available for inspection	5,000	30,000	2,000	12,000
Rule 160.10(1)	Owner and master of New Zealand ship must ensure sewage record book kept on board and available for inspection	1,250	7,500	500	3,000
Rule 160.10(2)	Owner of New Zealand ship must preserve sewage record book for 3 years	5,000	30,000	2,000	12,000
Rule 160.11	Owner of New Zealand ship must ensure discharge connection complies with prescribed requirements	5,000	30,000	2,000	12,000
Part 170	Prevention of pollution by garbage from ships and offshore installations
Rule 170.18	Owner and master of New Zealand ship must ensure placards re discharge requirements are displayed	5,000	30,000	2,000	12,000
Rule 170.18	Owner and master of New Zealand ship must ensure placards re discharge requirements are in required languages	1,250	7,500	500	3,000
Rule 170.19(2)(a)	Owner and master of New Zealand ship must ensure ship has garbage management plan	5,000	30,000	—	—
Rule 170.19(2)(b)	Owner and master of New Zealand ship must ensure up-to-date copy of garbage management plan is carried on board ship	5,000	30,000	2,000	12,000
Rule 170.19(2)(c)	Owner and master of New Zealand ship must ensure all persons on board comply with garbage management plan	5,000	30,000	—	—
Rule 170.19(3)(c)	Owner and master of New Zealand ship must ensure garbage management plan is written in required languages	1,250	7,500	500	3,000
Rule 170.19(4)	All persons on board New Zealand ship must comply with garbage management plan	5,000	—	—	—
Rule 170.20(2)	Responsibilities of owner and master of New Zealand ship re provision of garbage record book	5,000	30,000	2,000	12,000
Rule 170.20(3)	Master of New Zealand ship must sign each page of garbage record book	5,000	—	2,000	—
Rule 170.20(4)	Owner of New Zealand ship must preserve garbage record book for 24 months	5,000	30,000	2,000	12,000
Rule 170.21	Owner and master of ship must report loss or discharge of fishing gear	5,000	30,000	2,000	12,000
Rule 170.23	Responsibilities of owner and master of foreign ship within New Zealand jurisdiction re provision of placards	5,000	30,000	2,000	12,000
Rule 170.24	Responsibilities of owner and master of foreign ship within New Zealand jurisdiction re provision of garbage management plans	5,000	30,000	2,000	12,000
Rule 170.25	Responsibilities of owner and master of foreign ship within New Zealand jurisdiction re provision of garbage record book	5,000	30,000	2,000	12,000
Part 190	Mandatory ships routeing
Rule 190.3(2)	Prohibition on certain ships entering Poor Knights area in transit	5,000	30,000	2,000	12,000
Rule 190.4	Prohibition on certain ships entering Three Kings area	5,000	30,000	2,000	12,000

Part 199	Prevention of air pollution from ships
Rule 199.20(a)	Owner and master of ship must ensure equipment on ship is maintained to conform with Annex VI provisions	10,000	35,000	—	—
Rule 199.20(b)	Owner and master of ship must ensure no change is made to equipment, etc, after survey without approval	10,000	35,000	—	—
Rule 199.23(2)	Owner and master of ship must report occurrences	10,000	50,000	—	—
Rule 199.41(2)	Owner and master of ship must ensure IAPP certificate is carried on board and available for inspection	3,750	12,500	750	2,500
Rule 199.51(2)	Owner and master of ship must ensure IEE certificate is carried on board and available for inspection	3,750	12,500	750	2,500
Rule 199.61	Person must not deliberately cause emission from ship of ozone depleting substance	10,000	50,000	—	—
Rule 199.62	Owner and master of ship must ensure that no installation containing ozone depleting substances is on ship	10,000	35,000	2,000	7,000
Rule 199.63	Owner and master of ship must ensure ozone depleting substances and equipment containing ozone depleting substances, when removed from ship, are delivered to reception facility	10,000	50,000	2,000	10,000
Rule 199.64	Owner and master of ship must maintain list of all systems and equipment containing ozone depleting substances	3,750	12,500	750	2,500
Rule 199.65(2)	Owner and master of ship with rechargeable system containing ozone depleting substances must maintain ozone depleting substances record book	3,750	12,500	—	—
Rule 199.65(3)	Master of ship with rechargeable system containing ozone depleting substances must ensure ozone depleting substances record book kept on board ship	3,750	12,500	—	—
Rule 199.66(2)	Master of ship must ensure that on occurrence of certain events (as specified in rule 199.66(3)) entries are made in ozone depleting substances record book without delay	3,750	12,500	750	2,500
Rule 199.84	Owner and master of ship must ensure an approved technical file is held for the specified time, maintained in good order, carried on board ship, and readily available for inspection for each marine diesel engine installed on ship	3,750	12,500	—	—
Rule 199.86(1)(a)	Owner and master of ship must ensure a valid EIAPP certificate is held for each marine diesel engine installed on ship	10,000	35,000	2,000	7,000
Rule 199.86(1)(c)	Owner and master of ship must ensure EIAPP certificate is carried on board and available for inspection	3,750	12,500	—	—
Rule 199.89(1)	Owner and master of ship must ensure record is kept on board containing information on tier and on/off status of marine diesel engines when ship enters or leaves NO_x Tier III emission control area	3,750	12,500	—	—
Rule 199.90	Owner and master of ship with marine diesel engine must maintain and keep on board ship record of engine parameters	3,750	12,500	—	—
Rule 199.104(2)	Owner and master of ship must ensure ship carries written procedure for change-over of fuel oil	10,000	50,000	—	—
Rule 199.104(3)	Owner and master of ship must fully flush fuel oil service system in accordance with written procedure	10,000	50,000	—	—
Rule 199.104(4)	Owner and master of ship must record information relating to fuel change-over in a log-book that is kept on board ship	3,750	12,500	—	—
Rule 199.122	Owner and master of New Zealand tanker within designated port or terminal must ensure tanker is equipped with and uses a vapour emission collection system approved by Director	10,000	50,000	—	—
Rule 199.123	Owner and master of New Zealand tanker must ensure tanker carrying crude oil carries on board the Volatile Organic Compounds Management Plan approved by Director	10,000	50,000	2,000	10,000
Rule 199.142(1)	Owner and master of ship must comply with specified rules to ensure incineration of Annex VI substances and its process are in accordance with regulation 16 of Annex VI	10,000	50,000	2,000	10,000
Rule 199.142(2)	Owner and master of ship must comply with all other applicable requirements to assure quality of incineration system on board the ship	10,000	50,000	2,000	10,000
Rule 199.162	Owner and master of ship must ensure quality of fuel oil used on board meets requirements set out in regulation 18 of Annex VI	10,000	50,000	2,000	10,000
Rule 199.163(3)	Owner and master of ship must ensure that label attached to representative fuel oil sample is signed, and retain bunker delivery note	3,750	12,500	750	2,500
Rule 199.163(4)	Owner and master of ship must retain representative fuel oil sample for specified period in a manner consistent with IMO guidance	10,000	35,000	2,000	7,000
Rule 199.164(4)	Owner and master of New Zealand ship of 400 gross tonnage or more or New Zealand platform must ensure a sampling point is fitted or designated for the purpose of taking samples of fuel oil in use on ship	10,000	35,000	2,000	7,000
Rule 199.166	Owner and master of ship must notify Director and, where applicable, the competent authority when unable to purchase compliant fuel oil for use on board ship	10,000	50,000	—	—
Rule 199.184(1)	Owner and master of ship must ensure Attained EEDI is calculated at specified times	10,000	35,000	2,000	7,000
Rule 199.184(2)	Owner and master of ship must ensure Attained EEDI is calculated according to specified requirements and meets standards and requirements in Annex VI	10,000	35,000	2,000	7,000
Rule 199.184(5)	Owner and master of carbon intensity ship must ensure Attained EEDI of ship is less than or equal to Required EEDI	10,000	50,000	—	—
Rule 199.201	Owner and master of ship must ensure a SEEMP is prepared for ship and complied with	10,000	50,000	2,000	10,000
Rule 199.202	Owner and master of ship must ensure SEEMP is kept on board	3,750	12,500	750	2,500
Rule 199.225	Owner and master of ship must ensure Statement of Compliance is kept on board for at least 5 years	3,750	12,500	750	2,500
Rule 199.341(2)(b)	Owner and master of ship must ensure certificate is carried on board the ship, ensure certificate is readily available for inspection by Director and by authorised persons acting on behalf of a Party State at all times, and comply with the conditions to which the certificate is subject	3,750	12,500	750	2,500
Rule 199.361	Person must not deliberately cause emission from ship of ozone depleting substance	10,000	50,000	—	—
Rule 199.362	Owner and master of ship must ensure that no installation containing ozone depleting substances is on ship	10,000	35,000	2,000	10,000
Rule 199.363	Owner and master of ship must ensure ozone depleting substances and equipment containing ozone depleting substances, when removed from ship, are delivered to reception facility	10,000	50,000	2,000	10,000
Rule 199.364	Owner and master of ship must maintain and keep on board a list of all systems and equipment containing ozone depleting substances	3,750	12,500	750	2,500
Rule 199.365(2)	Owner and master of ship with rechargeable system containing ozone depleting substances must maintain ozone depleting substances record book	3,750	12,500	—	—
Rule 199.365(3)	Master of ship with rechargeable system containing ozone depleting substances must ensure ozone depleting substances record book kept on board ship	3,750	12,500	—	—
Rule 199.366	Master of New Zealand ship of 400 gross tonnage or more must ensure that on occurrence of certain events (as specified in rule 199.366(3)) entries are made in ozone depleting substances record book without delay	3,750	12,500	750	2,500
Rule 199.384	Owner and master of ship must ensure marine diesel engine is not operated on ship in contravention of specified requirements–ships to which subsection C3A applies	10,000	50,000	—	—
Rule 199.387	Owner and master of ship must ensure marine diesel engine is not operated on ship in contravention of specified requirements–other ships	10,000	50,000	—	—
Rule 199.388	Owner and master of ship must ensure approved Technical File for each marine diesel engine is maintained, held on board ship, and available for inspection	3,750	12,500	—	—
Rule 199.390(1)(a)	Owner and master of ship must ensure EIAPP Certificate is held for each marine diesel engine	10,000	35,000	2,000	7,000
Rule 199.390(1)(c)	Owner and master of ship must ensure EIAPP is carried on board and available for inspection	3,750	12,500	—	—
Rule 199.393(1)	Owner and master of ship must ensure a record is kept on board containing information on tier and on/off status of marine diesel engines when ship enters or leaves NO_x Tier III emission control area	3,750	12,500	—	—
Rule 199.394	Owner and master of ship with a marine diesel engine must maintain a record book of engine parameters	3,750	12,500	—	—
Rule 199.404(2)	Owner and master of ship must ensure ship carries a written procedure for change-over of fuel oil	10,000	50,000	—	—
Rule 199.404(3)	Owner and master of ship must fully flush fuel oil service system in accordance with written procedure	10,000	50,000	—	—
Rule 199.404(4)	Owner and master of ship must record information relating to fuel change-over in a log-book that is kept on board ship	3,750	12,500	—	—
Rule 199.422	Owner and master must ensure New Zealand tanker carrying crude oil has a Volatile Organic Compounds Management Plan approved by Director	10,000	50,000	2,000	10,000
Rule 199.442(1)	Owner and master of ship must comply with specified rules to ensure incineration of Annex VI substances and its process are in accordance with regulation 16 of Annex VI	10,000	50,000	2,000	10,000
Rule 199.442(2)	Owner and master of ship must comply with all other applicable requirements to assure quality of incineration system on board the ship	10,000	50,000	2,000	10,000
Rule 199.462	Owner and master of ship must ensure quality of fuel oil used on board for combustion purposes meets requirements set out in regulation 18 of Annex VI	10,000	50,000	2,000	10,000
Rule 199.463	Owner and master of ship must retain bunker delivery note on board ship	3,750	12,500	750	2,500
Rule 199.464(4)	Owner and master of New Zealand ship of 400 gross tonnage or more or platform must ensure a sampling point is fitted or designated for the purpose of taking samples of fuel oil in use on ship	10,000	35,000	2,000	7,000
Rule 199.466	Owner and master of ship must notify Director when unable to purchase compliant fuel oil for use on board ship	10,000	50,000	—	—
Rule 199.484(1)	Owner and master of ship must ensure Attained EEDI is calculated at specified times	10,000	35,000	2,000	7,000
Rule 199.484(2)	Owner and master of ship must ensure Attained EEDI is calculated, meets standards and requirements, is accompanied by technical file, and is verified	10,000	35,000	2,000	7,000
Rule 199.484(5)	Owner and master of ship must ensure Attained EEDI of ship is less than or equal to Required EEDI	10,000	50,000
Rule 199.501	Owner and master of ship must ensure a SEEMP is prepared for ship and complied with	10,000	50,000	2,000	10,000
Rule 199.502	Owner and master of ship must ensure SEEMP is kept on board	3,750	12,500	750	2,500
Rule 199.525	Owner and master of ship must ensure Statement of Compliance is kept on board for at least 5 years	3,750	12,500	750	2,500
Rule 199.611(3)	Owner and master of foreign ship must ensure that certificates and documents required by Annex VI are carried on board and available for inspection	3,750	12,500	750	2,500
Rule 199.612	Owner and master of foreign ship must hold and keep on board ship valid Statement of Compliance or documentary evidence	10,000	35,000	2,000	7,000
Rule 199.613	Owner and master of foreign ship must notify Director when unable to purchase compliant fuel oil for combustion	10,000	50,000	—	—

Schedule 1: amended, on 26 August 2022, by regulation 4 of the Marine Protection (Offences) Amendment Regulations 2022 (SL 2022/211).

Schedule 1: amended, on 31 October 2015, by regulation 4 of the Marine Protection (Offences) Amendment Regulations 2015 (LI 2015/226).

Schedule 1: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 1: amended, on 14 December 2006, by regulation 4 of the Marine Protection (Offences) Amendment Regulations (No 2) 2006 (SR 2006/342).

Schedule 1: amended, on 8 September 2005, by regulation 3 of the Marine Protection (Offences) Amendment Regulations 2005 (SR 2005/237).

Schedule 2 Marine protection infringement offence notice

r 5

Issued under section 423 of the Maritime Transport Act 1994

Notice No:

Enforcement authority

Director of Maritime New Zealand

Full name: [forenames, surname]

Full address:

Occupation:

Date of birth:

Marine protection document No (where applicable):

Alleged infringement offence(s) details

Date:

Time:

Place:

Vessel name:

Flag, port of registry, and official No:

Offence No	Offence	Infringement fee payable
1		$
2		$
3		$

Payment of infringement fee(s)

The infringement fee(s) is/are payable within 28 days after the date this notice is delivered personally, or served by post.

The infringement fee(s) may be paid to:

Maritime New Zealand

[address]

Do not detach

Please present both copies of this notice when making payment

Cheques or money orders should be made out to Maritime New Zealand and should be crossed and marked “Not transferable” or “Account payee only”.

Issued by:

being a person duly authorised by the Director of Maritime New Zealand

Important—please read the statement of rights printed overleaf

Statement of rights

1
This notice sets out 1 or more alleged infringement offences. Each offence that is identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences, as set out below.

Payments

2
If you pay the infringement fee for an alleged offence within 28 days of the service on you of this notice, no further enforcement action will be taken for that offence. Payments may be made at places indicated on the front page of this notice.

Defence

3
You have a complete defence against proceedings for an alleged offence if the infringement fee for that offence has been paid to the enforcement authority at the address shown on the front page of this notice within 28 days after service on you of a reminder notice. Late payment or payment made to any other address will not constitute a defence.

Further action

4
If you wish to—
- (a)
  raise any matter relating to the circumstances of an alleged offence for consideration by the enforcement authority; or
- (b)
  deny liability for the offence and request a court hearing; or
- (c)
  admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise—
you should write to the enforcement authority at the address shown on the front page of this notice. Any such letter should be personally signed.
5
If you deny liability for the offence and request a hearing, the enforcement authority will, unless it decides not to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
Note: That if the court finds you guilty of the offence, costs will be imposed in addition to any penalty.
6
If you admit liability for the offence but want the court to consider your submissions as to penalty or otherwise, you should in your letter to the enforcement authority—
- (a)
  request a hearing; and
- (b)
  admit liability; and
- (c)
  set out the written submissions you wish to be considered by the court.
The enforcement authority will then file your letter with the court (unless it decides not to commence court proceedings in respect of the offence). There is no provision for an oral hearing before the court if you follow this course of action.
Note: That costs will be imposed in addition to any penalty.

Non-payment of fee

7
If you do not pay the infringement fee and do not request a hearing in respect of an alleged offence within 28 days after the service on you of this notice you will (unless the enforcement authority decides otherwise) be served with a reminder notice.
8
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to the infringement fee, unless the enforcement authority decides not to commence proceedings against you.
9
When writing or making payment of an infringement fee, please indicate—
- (a)
  the date of the infringement offence; and
- (b)
  the infringement notice number; and
- (c)
  the identifying number of each alleged offence and the course of action you are taking in respect of it (if this notice sets out more than 1 offence and you are not paying all the infringement fees for all the alleged offences); and
- (d)
  your address for replies (if you are not paying all the infringement fees for all the alleged offences).
If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out on the front page of this notice.
Note: All queries and/or correspondence regarding the infringement offence(s) must be directed to the enforcement authority named in this notice at the address shown.

Schedule 2: amended, on 10 October 2006, by regulation 5(a) of the Marine Protection (Offences) Amendment Regulations 2006 (SR 2006/245).

Schedule 2: amended, on 10 October 2006, by regulation 5(b) of the Marine Protection (Offences) Amendment Regulations 2006 (SR 2006/245).

Schedule 2: amended, on 10 October 2006, by regulation 5(c) of the Marine Protection (Offences) Amendment Regulations 2006 (SR 2006/245).

Schedule 2: amended, on 10 October 2006, by regulation 5(d) of the Marine Protection (Offences) Amendment Regulations 2006 (SR 2006/245).

Schedule 2: amended, on 1 July 2005, by section 11(4) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Schedule 3 Infringement offence reminder notice form

r 6

Schedule 3: added, on 1 March 2007, by regulation 5 of the Marine Protection (Offences) Amendment Regulations (No 3) 2006 (SR 2006/392).

Form Infringement offence reminder notice

Section 201(1)(e), Maritime Transport Act 1994

(Front page)

Notice No:

Informant—

Full name:

Position:

Full address:

Person to whom infringement notice issued—

Full name:

Full address:

Telephone No:

Occupation (if an individual):

Date of birth (if an individual):

Gender (if an individual):

Maritime protection document No (if applicable):

Details of alleged infringement offence

Date:

Time:

Place:

Vessel:

Official No:

Flag:

Port of registry:

Offence No		Offence description		Enactment and provision breached		Infringement fee payable
[specify]		[specify]		[specify]		[specify]

Total infringement fee payable: $

Infringement notice issued by—

Full name:

No (if applicable):

who is a person duly authorised by [specify]

Payment of infringement fee

The infringement fee was payable within 28 days after [date infringement notice was delivered personally or posted].

The infringement fee remains payable to the informant at the informant’s address shown on the front page.

The last day for payment is 28 days after [date reminder notice is delivered personally or posted].

Please show or return this notice when making your payment.

Cheques or money orders should be made out to [specify] and should be crossed and marked “Not transferable” or “Account payee only”.

Service details

(To be provided for filing in court)

Infringement notice served by [method of service] on [date of service]

Reminder notice served by [method of service] at [full address of service] on [date of service]

Important

Please read the summary of rights printed on the next page. If you do not understand it, you should consult your lawyer immediately.

(Next page)

Summary of rights

You have not paid the infringement fee specified on the front page, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.

1
This paragraph applies to you if you enter, or have entered, a time to pay arrangement for the infringement fee with the informant under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957. You cannot then act in the ways described in paragraphs 4(b) and 5 or paragraphs 4(c) and 6.

Payments

2
If you pay the infringement fee for an alleged offence within 28 days after you are served with this notice, no further enforcement action on the offence will be taken. You must pay the infringement fee to the informant at the informant’s address shown on the front page.

Defence

3
You have a complete defence against court proceedings for an alleged offence if you pay the infringement fee for the alleged offence to the informant at the informant’s address shown on the front page within 28 days after you are served with this notice. Payment made to any other address is not a defence, and neither is late payment.

Further action

4
You must write a letter to the informant if you want to—
- (a)
  raise a matter for the informant’s consideration relating to the circumstances of an alleged offence; or
- (b)
  deny liability for an alleged offence and request a court hearing (see paragraphs 5 and 8); or
- (c)
  admit liability for an alleged offence but have a court consider written submissions on the penalty or any other matter (see paragraphs 6 and 8).
You must personally sign the letter, address it to the informant at the address shown on the front page, and post it within 28 days after you are served with this notice.
5
This paragraph applies to you if you deny liability for the offence and request a court hearing. The informant will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court. (Alternatively, the informant may decide not to start court proceedings for the offence.)
Note: If the court finds you guilty of the offence, it will impose a fine and costs.
6
This paragraph applies to you if you admit liability for the offence but want the court to consider written submissions on the penalty or any other matter. In your letter to the informant you must—
- (a)
  admit liability; and
- (b)
  request a hearing; and
- (c)
  write the submissions you want the court to consider.
The informant will file your letter with the court. You do not have an oral hearing before the court if you act in this way. (Alternatively, the informant may decide not to start court proceedings for the offence.)
Note: If the court imposes a fine, it will also order you to pay costs.

Non-payment of fee

7
This paragraph applies to you if you do not pay the infringement fee and do not request a hearing about the alleged offence within 28 days after you are served with this notice. If the informant decides to start court proceedings against you, you will become liable to pay a fine and costs.

Correspondence

8
When paying an infringement fee to the informant, or writing a letter to the informant, please state—
- (a)
  the infringement notice number; and
- (b)
  the date of the alleged infringement offence; and
- (c)
  your full name and full address for replies.

Note: You must address all correspondence about the alleged infringement offence to the informant at the informant’s address shown on the front page.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 23 July 1998.

Notes

1 General

This is a consolidation of the Marine Protection (Offences) Regulations 1998 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Marine Protection (Offences) Amendment Regulations 2022 (SL 2022/211)

Marine Protection (Offences) Amendment Regulations 2015 (LI 2015/226)

Criminal Procedure Act 2011 (2011 No 81): section 413

Marine Protection (Offences) Amendment Regulations (No 3) 2006 (SR 2006/392)

Marine Protection (Offences) Amendment Regulations (No 2) 2006 (SR 2006/342)

Marine Protection (Offences) Amendment Regulations 2006 (SR 2006/245)

Marine Protection (Offences) Amendment Regulations 2005 (SR 2005/237)

Maritime Transport Amendment Act 2004 (2004 No 98): section 11(4)

1	Title and commencement
2	Interpretation
3	Offences and penalties
4	Infringement offences
5	Infringement notices
6	Infringement offence reminder notices
	Schedule 1 Offence provisions and penalties
	Schedule 2 Marine protection infringement offence notice
	Schedule 3 Infringement offence reminder notice form
	Gazette Information
	Notes

List of access keys

Marine Protection (Offences) Regulations 1998

Marine Protection (Offences) Regulations 1998

Order in Council

Note

Contents

Regulations

1 Title and commencement

2 Interpretation

3 Offences and penalties

(a)

(b)

4 Infringement offences

(a)

(b)

5 Infringement notices

6 Infringement offence reminder notices

Schedule 1 Offence provisions and penalties

(a)

(b)

(c)

(d)

Schedule 2 Marine protection infringement offence notice

Enforcement authority

Alleged infringement offence(s) details

Payment of infringement fee(s)

The infringement fee(s) may be paid to:

Do not detach

Important—please read the statement of rights printed overleaf

Statement of rights

Payments

Defence

Further action

Non-payment of fee

Schedule 3 Infringement offence reminder notice form

Form Infringement offence reminder notice

(Front page)

Details of alleged infringement offence

Payment of infringement fee

Service details

Important

(Next page)

Summary of rights

Payments

Defence

Further action

Non-payment of fee

Correspondence

Notes

1 General

2 Legal status

3 Editorial and format changes

4 Amendments incorporated in this consolidation