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Maritime Transport Act 1994 104
ANALYSIS

Analysis
Title
1 Short Title and commencement

I: Preliminary Provisions 2 Interpretation
3 Act to bind the Crown
4 Application of this Act
5 Functions of Minister

II: Duties Relating to Health and Safety on Ships

Duties of Employers Relating to Health and Safety of Seafarers 6 Employers to ensure safety of seafarers

Duties of Employers in Relation to Hazards 7 Identification of hazards to seafarers
8 Significant hazards to seafarers to be eliminated where practicable
9 Significant hazards to seafarers to be isolated where elimination impracticable
10 Significant hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable

Duties of Employers in Relation to Information 11 Employees to be given results of monitoring
12 Information for seafarers generally

Duties of Employers in Relation to Training and Supervision 13 Training and supervision
14 Seafarers to be involved in development of health and safety procedures

Other Duties 15 Duties of employers in respect of persons who are not seafarers
16 Duties of seafarers

III: Duties in Relation to Maritime Activity

General Duties 17 General requirements for participants in maritime system
18 General requirements for persons other than participants
19 Duties of master
20 Duty to report dismissals
21 Pleasure craft departing for overseas

Duties in Relation to Crewing 22 Employer's duties in relation to seafarers of New Zealand ships on overseas voyages
23 Employer's duties in relation to seafarers on New Zealand ships
24 Inspection of provisions
25 Body and effects of deceased seafarer
26 Provisions relating to crewing of New Zealand ships and young persons
27 Prohibition on receiving remuneration for placing seafarers in employment

Liens on Ships by Crew and Masters 28 Members of crew not to contract out of rights
29 Master to have same rights as members of crew

Duties in Relation to Accidents, Incidents, Etc. Duties_in_Relation_to_Accidents__Incidents__Etc Recording and notification of accidents, incidents, and mishaps
31 Obligation to notify all accidents, incidents, etc.
32 Duty to assist persons in danger and to respond to distress calls
33 Reporting of dangers to navigation

IV: Further Regulation of Maritime Activity

Maritime Rules 34 Maritime rules relating to maritime documents
35 Application for maritime document
36 Maritime rules relating to other matters
37 Power of Director to make emergency maritime rules
38 Contravention of emergency maritime rule

Requirements in Relation to Maritime Rules 39 Matters to be taken into account in making maritime rules
40 Further provisions relating to rules

V: Powers and Duties of Director of Maritime Safety in Relation to Maritime Activity

Powers in Relation to Maritime Documents 41 Issue of maritime documents and recognition of documents
42 Acceptance of convention documents
43 Suspension of maritime documents or imposition of conditions
44 Revocation of maritime documents
45 Amendment or revocation in other cases
46 Suspension or revocation of maritime document where prescribed fees or charges unpaid
47 Exemption
48 Powers of Director in relation to examinations, etc.
49 Criteria for action under section 43 or section 44
50 Criteria for fit and proper person
51 Notice to persons affected by proposed adverse decisions

Suspension of Seafarers from Employment 52 Suspension from employment
53 Suspended persons not to be employed

Inspection, Detention, and Rectification 54 Inspections and audits
55 Detention, etc., of ships and maritime products
56 Costs of detention, etc.

Investigation of Accidents, Incidents, and Mishaps 57 Investigation of accidents, incidents, and mishaps by Director
58 Powers of investigation of Director
59 Additional powers of investigation
60 Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission

VI: Offences in Relation to Maritime Activity

Offences Against Health and Safety on Ships 61 Offences likely to cause serious harm
62 Other offences
63 Actions taken to prevent harm

Safety Offences 64 Unnecessary danger caused by holder of maritime document
65 Dangerous activity involving ships or maritime products
66 Effect of breach of maritime rule
67 Communicating false information affecting safety

Offences in Relation to Maritime Document 68 Acting without necessary maritime document
69 Applying for maritime document while disqualified

Other Offences 70 Failure to comply with inspection or audit request
71 Failure to comply with Part III

Penalties 72 Failure to comply with sections 7 to 10

Disqualification 73 Court may disqualify holder of maritime document or impose conditions on holding of document
74 Effect of disqualification
75 Commencement of period of disqualification
76 Retention and custody of documents
77 Removal of disqualification
78 Particulars of disqualification orders, etc., to be sent to Director
79 Appeals

Further Provisions Relating to Offences 80 Amendment of indictment or information
81 Strict liability and defences

Maritime Appeal Authority 82 Continuation of Maritime Appeal Authority

VII: Liability of Ship Owners and Others 83 Application of this Part
84 Interpretation
85 Persons entitled to limitation of liability under this Part
86 Claims subject to limitation of liability
87 Calculation of limits of liability
88 Units of account
89 Court may consolidate claims
90 Part owners to account in respect of damages
91 Release of ship where security given

VIII: Liability Where Two or More Ships Involved 92 Application of this Part
93 Interpretation
94 Division of loss
95 Damages for personal injury
96 Right of contribution
97 Limitation of actions

IX: Wreck, and Salvage of Ships and Aircraft 98 Interpretation
99 Director may appoint Receivers

Ships and Aircraft in Distress 100 Duties and powers of Receivers where ship or aircraft in distress
101 Right of passage over adjoining lands
102 Receiver to suppress plunder and disorder
103 In Receiver's absence, who to act
104 Receiver to make inquiry

Dealing with Wreck 105 Rules to be observed by person finding wreck
106 Articles washed ashore to be delivered to Receiver
107 Claims to wreck
108 Wreck may be sold immediately in certain cases
109 Provisions where wreck claimed by 2 or more persons and as to unclaimed wreck

Removal of Wrecked Ships and Aircraft 110 Removal of wrecked ships and aircraft

Offences in Respect of Wreck 111 Offences in respect of wreck
112 Receiver may seize concealed wreck

Salvage 113 Salvage for saving life
114 Salvage of cargo or wreck

Procedure in Salvage 115 Settlement of disputes as to salvage
116 Settlement of disputes by District Court
117 Apportionment of salvage among owners, etc., of ships and aircraft other than New Zealand ships or aircraft
118 Valuation of wreck
119 Enforcing payment of salvage
120 Receiver may sell wreck in case of non-payment
121 Payment of salvage in case of dispute as to apportionment
122 High Court may apportion
123 Salvage claims against the Crown
124 Salvage claims by the Crown

Fees of Receivers 125 Fees to be paid to Receiver

Duties on Wreck 126 Foreign wreck subject to duties as an importation
127 Penalties

X: Construction, Survey, and Equipment 128 Interpretation
129 Application of this Part
130 Surveyors
131 Notice to be given before work commenced
132 Notice to be given before use changed

Requirement of Survey 133 Certain ships to be surveyed
134 Director may exempt any particular ship or class of ship from survey

Conduct of Surveys 135 Initial, intermediate, and periodical surveys
136 Additional surveys
137 Duties of surveyor on completion of survey where ship satisfactory
138 Duties of surveyor on completion of survey where ship unsatisfactory
139 Duties of Director on receipt of notice
140 Declarations of survey

Certificates 141 Interim certificates
142 Safety Convention certificates
143 Certificates of survey
144 Requirement to hold appropriate certificate
145 Dispensation from having appropriate certificate
146 Conditions in respect of certificates
147 More than one certificate in respect of same ship
148 Duration of Safety Convention certificates
149 Duration of certificate of survey
150 Display of certificates
151 Offence in respect of display of certificates

Special Provisions Relating to Barges 152 Application of sections 153 to 155
153 Certificates of completion required for certain barges
154 Certificates of completion
155 Offence to proceed on voyage in certain circumstances
156 Government ships

XI: Load Lines 157 Interpretation
158 Application of this Part
159 Load line ships and certificates
160 Issue of load line certificates
161 Duty to comply with Load Line Regulations
162 Overloading
163 Offences in relation to markings
164 Display of load line certificate and other requirements
165 Director may exempt certain ships from Load Line Regulations
166 Use of timber load lines
167 Submersion lines on ships not subject to Load Line Regulations

XII: Safety at Sea 168 Interpretation

Prevention of Collisions 169 Application of Collision Regulations
170 Observance of Collision Regulations

General Provisions Relating to Safety 171 Radio messages
172 Additional duties in respect of reporting of dangers to navigation
173 Dangerous goods
174 Deck cargo
175 Livestock
176 Grain
177 Minister may define restricted limits
178 Medical officers to be carried on certain ships
179 Medical certificates required in respect of seafarers under 18 years of age
180 Crew accommodation
181 Official logbook to be kept
182 Matters to be entered in logbook
183 Chief engineer to keep engine room logbook
184 Offence in respect of official logbook, etc.

XIII: Transitional Provisions Relating to Parts X to XII 185 Penalties
186 Documents issued under Parts X to XII
187 Expiry of Parts X to XII

XIV: General Provisions Relating to Shipping

Duty of Assistance 188 Duty of assistance

Maritime Registry 189 Maritime Registry

Information Services 190 Information services

Fees and Charges 191 Marine safety charges
192 Exemptions from marine safety charges
193 Power to appoint agents to collect marine safety charges
194 Power of agent of ship, etc., to retain marine safety charges out of other money
195 Recovery in certain cases where marine safety charges not paid
196 Issue of receipt for marine safety charge
197 Detention of ship where marine safety charges not paid or receipt not produced

Coastal Shipping 198 Coastal shipping

Safety Services 199 Search and rescue operations
200 Navigational aids

Miscellaneous Provisions 201 Regulations

XV: Transitional and Consequential Provisions Relating to Maritime Transport 202 Repeals and revocations
203 Amendments to other enactments
204 Regulations, etc., deemed made under this Act
205 Expiry of section 204
206 Dispensing powers of Director
207 Abolition of Marine Council and Marine Advisory Committee, etc.

XVI: Carriage of Goods By Sea 208 Interpretation
209 Hague Rules to have force of law
210 Jurisdiction of New Zealand Courts
211 Contracting parties to the Rules
212 Repeals
213 Savings

XVII: Salvage 214 Commencement
215 Interpretation
216 Application of Convention
217 Salvage claims against the Crown
218 Salvage claims by the Crown
219 Apportionment between salvors
220 Actions for indemnity

XVIII: Preliminary Provisions Relating to Marine Pollution 221 Commencement of provisions relating to marine pollution
222 Interpretation
223 Application of Parts XIX to XXVII to ships of New Zealand Defence Force
224 Application of certain provisions of Parts XIX to XXVIII of this Act

XIX: Protection of Marine Environment from Harmful Substances 225 Interpretation

Obligations to Protect Marine Environment from Harmful Substances 226 Harmful substances not to be discharged into sea or seabed of exclusive economic zone or continental shelf
227 Duty to report discharge or escape of harmful substances
228 Notice of pollution incidents
229 Notice of prospective arrival of ship carrying oil or noxious liquid substance
230 Notice of transfer of oil or noxious liquid substances to or from ships
231 Obligations of Director and regional councils to share information concerning notices

Powers of Director in Relation to Protection of Marine Environment from Harmful Substances 232 Director may require provision of financial security
233 Rectification of hazardous conditions
234 Precautionary measures in the event of transfer of oil or noxious liquid substance
235 Investigation of pollution incidents by Director
236 Power to require reception facilities

Offences in Respect of Discharge or Escape of Harmful Substances into Sea or Seabed 237 Discharge or escape of harmful substances into sea or seabed
238 Failure to report discharge of harmful substance into sea or seabed
239 Failure to notify pollution incidents
240 Failure to notify arrival of ship carrying oil or noxious liquid substance
241 Failure to notify transfer of oil or noxious liquid substance from or to ships
242 Failure to comply with requirement of Director

Defences 243 Defences to offence against section 237

Penalties 244 Penalties in respect of sections 237, 238, 239, and 242
245 Penalties in respect of sections 240 and 241
246 Amount of fine or other monetary penalty recoverable from agent

XX: Protection of Marine Environment from Hazardous Ships, Structures, and Offshore Operations 247 Interpretation
248 Powers of Director in relation to hazardous ships
249 Powers of Director in relation to hazardous structures and operations
250 Exercise of power by Director
251 Right to compensation
252 Compliance with instructions
253 Offences
254 Instructions under this Part that conflict with other instructions
255 Minister's power of direction
256 Protection of Director and other persons

XXI: Protection of Marine Environment From Dumping, Incineration, and Storing of Wastes 257 Interpretation

Obligations in Respect of Dumping, Storing, and Incineration of Wastes 258 Dumping of radioactive waste or other radioactive matter
259 Storing of radioactive waste or other radioactive matter
260 Storing of toxic or hazardous waste
261 Dumping and incineration of waste or other matter
262 Power of Director to issue permits for dumping and incineration of waste or other matter

Offences 263 Offences in respect of radioactive waste, other radioactive matter, toxic waste, and hazardous waste
264 Offences in respect of dumping and incineration of waste and other matter
265 Special defences

Penalties 266 Penalties
267 Sentence of imprisonment

XXII: Obligations and Powers in Relation to Marine Protection Documents

General Rule 268 Marine protection documents to be held and complied with if required by marine protection rules

Powers of Director in Relation to Marine Protection Documents 269 Application for marine protection document
270 Issue of marine protection documents and recognition of documents
271 Acceptance of documents
272 Suspension of marine protection documents or imposition of conditions
273 Revocation of marine protection documents
274 Suspension or revocation of marine protection document where prescribed fees or charges unpaid
275 Amendment or revocation in other cases
276 Criteria for action under section 272 or section 273

General Offences 277 Acting without necessary marine protection document
278 Acting in breach of marine protection document or rules

Penalties 279 Penalties for individuals
280 Penalties for bodies corporate

XXIII: Plans and Responses to Protect Marine Environment from Marine Oil Spills 281 Interpretation

Oil Pollution Advisory Committee 282 Oil Pollution Advisory Committee

New Zealand Marine Oil Spill Response Strategy 283 Preparation and review of response strategy
284 Purpose and contents of response strategy
285 Consultation in respect of response strategy

Marine Oil Spill Contingency Plans 286 Purpose of marine oil spill contingency plans

Shipboard and Site Marine Oil Spill Contingency Plans 287 Preparation, review, and keeping of shipboard and site marine oil spill contingency plans

National Marine Oil Spill Contingency Plan 296 Purpose of national marine oil spill contingency plan
297 Preparation and review of national marine oil spill contingency plan
298 Consultation in respect of and matters to be included in national plan

Marine Oil Spill Responses 299 Duty to notify if unable to contain and clean up marine oil spills
300 Function of regional on-scene commanders after notification
301 Function of National On-Scene Commander after notification
302 National On-Scene Commander to take precedence
303 Objective of on-scene commanders
304 Termination of marine oil spill response
305 Powers of on-scene commander
306 Matters to be complied with in requisitioning
307 Compensation payable where property requisitioned
308 Compensation for loss or damage to personal property
309 Absence from duty not to affect employment rights
310 Minister's power of direction
311 Additional powers of on-scene commander
312 Limits on powers of on-scene commander

Obligations and Offences in Respect of Marine Oil Spill Contingency Plans 313 Compliance with marine oil spill contingency plans
314 Offences in respect of marine oil spill contingency plans
315 Offences in respect of notification of inability to contain and clean up marine oil spills
316 Failure to comply with prohibition, restriction, or direction
317 Penalties

Miscellaneous Provisions Relating to Responses to Marine Oil Spills 318 Appointment of regional on-scene commanders
319 Appointment of National On-Scene Com-mander
320 Appointments under section 318 or section 319
321 Purchases by Authority to prepare for and implement responses to marine oil spills
322 Distribution and responsibility for maintenance of purchases under section 321
323 Authority may inspect
324 Director responsible for training
325 Director may review responses
326 Proof of identity
327 Protection from liability
328 Contracts

XXIV: Financing Plans and Responses to Protect the Marine Environment from Marine Oil Spills 329 Interpretation

New Zealand Oil Pollution Fund 330 New Zealand Oil Pollution Fund
331 Application of money in New Zealand Oil Pollution Fund
332 Expenditure budgets required before certain money paid from Fund

Oil Pollution Levies 333 Oil pollution levies
334 Consultation on oil pollution levies
335 Rates and basis of oil pollution levies
336 Incurring of levies
337 Payment of levies
338 Ships not entitled to certificate of clearance until levies paid
339 Evidence of nature and change of use
340 Offences against this Part
341 Recovery of levies

XXV: Civil Liability for Pollution of Marine Environment 342 Interpretation
343 Ownership of CLC Ship

Liability for Pollution from Ships 344 Liability to the Crown and marine agencies for costs of cleaning up pollution
345 Liability of shipowners for pollution damage
346 Liability for unattributable pollution damage from ships
347 Maximum amount of liability of shipowners for pollution damage
348 Defences to shipowner's liability for pollution damage
349 Reduction of shipowner's liability for pollution damage where contributory negligence
350 Proceedings against third parties in respect of pollution from ships
351 Distribution of amounts paid in satisfaction of liability
352 Liability of shipowners for damages for pollution damage only under this Act
353 Restrictions on enforcement of claims against shipowners
354 Ships owned by CLC State

Liability for Pollution from Marine Structures and Operations 355 Liability to the Crown and marine agencies for costs of cleaning up pollution
356 Liability for pollution damage from marine structures and operations
357 Liability for unattributable pollution damage from marine structures and operations
358 Defences in respect of liability for pollution damage from marine structures and operations
359 Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence
360 Proceedings against third parties in respect of pollution from marine structures or operations

General Provisions in Respect of Liability for Pollution Damage 361 Time for bringing proceedings
362 Part VII not to affect liability under this Part

Mandatory Insurance for Certain Ships and Offshore Installations 363 Certain ships to have certificates of insurance
364 Regulated offshore installations to have certificates of insurance
365 Production of certificate of insurance
366 Rights of third parties against insurers of regulated oil tankers, regulated ships, and regulated offshore installations
367 Offences

Miscellaneous 368 Application of admiralty jurisdiction
369 Reciprocal enforcement of judgments

XXVI: Compensation from International Oil Pollution Compensation Fund for Pollution Damage 370 Interpretation

Provisions in Respect of Proceedings Against International Oil Pollution Fund 378 Time for bringing proceedings against International Oil Pollution Fund
379 Jurisdiction of Court in respect of claims against International Oil Pollution Fund
380 Notice of proceedings against International Oil Pollution Fund
381 Notice to and joining of International Oil Pollution Fund in certain proceedings
382 Reciprocal enforcement of judgments against International Oil Pollution Fund
383 Rights of subrogation of International Oil Pollution Fund

Miscellaneous Provisions Relating to International Oil Pollution Fund 384 International Oil Pollution Fund as insurer

Levies on Oil Imports 385 Levies on oil imports

XXVII: Making of Marine Protection Rules and Regulations and Taking of Other Measures to Protect Marine Environment

Regulations 394 Regulations

General Powers of Director in Relation to Protection of Marine Environment 395 Exemptions
396 Inspections and audits
397 Detention, etc., of ships and seizure of marine protection products
398 Costs of detention under section 397

Offences 399 Failure to comply with Director's inspection or audit requirements
400 Contravention of prohibition or conditions
401 Contravention of emergency marine protection rule

Penalties 402 Penalties in respect of section 399
403 Penalties in respect of sections 400 and 401

XXVIII: General Offences and Provisions in Relation to Offences and Appeals Under this Act

General Offences 404 Obstruction of persons duly authorised by Director
405 Failure to maintain accurate records
406 Communicating false or insufficient information
407 Penalties

General Provisions in Respect of Offences 408 Offences to be punishable on summary conviction
409 Additional penalty for offence involving commercial gain
410 Liability of principal for acts of agents
411 Limitation of proceedings
412 Proof of exemption, etc.
413 Place where offences deemed to be committed
414 Presumption as to master of ship
415 Offences committed in foreign ports or on high seas by seafarers of New Zealand ships
416 Compliance with rules
417 Evidence and proof
418 Mode of service of summons on master or owner
419 Proceedings for offences
420 Offence under more than one enactment
421 Application of fines

Infringement Offences 422 Infringement offences
423 Infringement notices

Rights of Appeal 424 Rights of appeal
425 Procedure
426 Decision of Director to continue in force pending appeal
427 Appeal to High Court on question of law
428 Further appeal to Court of Appeal

XXIX: Maritime Safety Authority of New Zealand

Provisions Relating to Authority 429 Maritime Safety Authority of New Zealand continued
430 Principal objective of Authority
431 Functions of Authority
432 Authority to comply with policy directions
433 Authority to have powers of natural person
434 Powers of entry in respect of existing works
435 Authority to consider delegating or contracting out of functions and powers
436 Performance agreement
437 Service charter
438 Use of words ``Maritime Safety Authority''
439 Director of Maritime Safety
440 Acting Director of Maritime Safety

General Provisions 441 Delegation of Minister's functions or powers to Authority
442 Delegation of Authority's functions or powers to employees of Authority
443 Delegation of Director's functions or powers to employees of Authority
444 Delegation of Authority's or Director's functions or powers to persons outside Authority

XXX: Miscellaneous Provisions Applying to this Act Generally

Regulations 445 Regulations for fees and charges

Provisions in Respect of Rules Under this Act 446 Procedure for making of rules by Minister
447 Procedure for making of emergency rules by Director
448 Provisions in respect of rules generally
449 Notification of emergency rules in certain circumstances
450 Other provisions in respect of emergency rules
451 Further general provisions in respect of rules
452 Incorporation in rules of material by reference

Powers of Entry 453 General power of entry
454 Warrant to inspect dwellinghouse, marae, etc.
455 Entry in respect of offences
456 Duties on exercising power of entry
457 Additional powers

Service of Documents 458 Service of documents

Detention of Ship and Distress on Ship 459 Recovery of fines, etc., by distress
460 Enforcing detention of ships
461 Consular officer to be notified of detention of foreign ship
462 Cost of detention and inspection to be paid by owner
463 Detention in lieu of security for civil claims
464 Agents' contracts of indemnity
465 Designation of parties to conventions
466 Other enactments not affected
467 Provisions of Resource Management Act 1991 not to apply

XXXI: Consequential Amendments, Transitional Provisions, and Repeals 468 Savings relating to Shipping and Seamen Act 1952
469 Permits and other documents issued under Marine Pollution Act 1974
470 Proceedings under Marine Pollution Act 1974
471 No liability for continuing offences after repeal
472 Compensation for loss in acting in respect of marine casualties
473 Instructions in relation to marine casualties unaffected
474 Levies under Marine Pollution Act 1974
475 Ships detained under Shipping and Seamen Act 1952 or Marine Pollution Act 1974
476 Applications for permits under Marine Pollution Act 1974

Amendments to Harbours Act 1950 477 Effect of bylaws on port company operations
478 No marine pollution dues

Amendment to Local Government Act 1974 479 Functions of regional councils

Amendment to Environment Act 1986 480 Acts under which consents may be granted

Repeals, Savings, and Transitional Provisions 481 Repeals and saving
482 Oil Pollution Levies Order 1978
483 Transitional provisions relating to Maritime Safety Authority of New Zealand
484 Transitional provisions relating to Oil Pollution Advisory Committee
485 Savings relating to Ministry, etc.

Schedule(s)

1 FIRST SCHEDULE: Provisions Relating to Maritime Safety Authority of New Zealand
2 SECOND SCHEDULE: Provisions Applying in Respect of Maritime Appeal Authority
3 THIRD SCHEDULE: Enactments Repealed
4 FOURTH SCHEDULE: Enactments Amended
5 FIFTH SCHEDULE: The Amended Hague Rules
6 SIXTH SCHEDULE: International Convention on Salvage, 1989
7 SEVENTH SCHEDULE: Enactments Repealed

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