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MARITIME TRANSPORT ACT 1994

- As at 23 December 2023
- Act 104 of 1994

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement

   PART 1 - Preliminary provisions

   2.      Interpretation
   2A.     Transitional, savings, and related provisions
   3.      Act to bind the Crown
   4.      Application of this Act
   4A.     Application of Parts 3 and 5
   5.      Objectives of Minister
   5A.     Functions of Minister

   PART 2 - Duties relating to health and safety on ships
   Note
   Note

   6.      Employers to ensure safety of seafarers
           Note
   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
           Note
   11.     Employees to be given results of monitoring
   12.     Information for seafarers generally
           Note
   13.     Training and supervision
   14.     Seafarers to be involved in development of health and safety procedures
           Note
   15.     Duties of employers in respect of persons who are not seafarers
   16.     Duties of seafarers

   PART 3 - Duties in relation to maritime activity

   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
   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
   28.     Members of crew not to contract out of rights
   29.     Master to have same rights as members of crew
   30.     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

   PART 3A - Local regulation of maritime activity
   Note

   33A.    Application of this Part
   33B.    Interpretation
   33C.    Functions of regional councils
           Note
   33D.    Regional councils to appoint harbourmasters
   33E.    Functions of harbourmasters
   33F.    Harbourmasters' general powers
           Note
   33G.    Enforcement officers, Police, and authorised regional council officials
   33H.    Powers of entry
           Note
   33I.    Councils may carry out harbour works
           Note
   33J.    Removal of wrecks by regional council
   33K.    Removal of wrecks by Director
   33L.    Removal of abandoned ships
           Note
   33M.    Navigation bylaws
   33N.    Offences relating to navigation bylaws
   33O.    Infringement offences relating to navigation bylaws
   33P.    Infringement notices
   33Q.    Entitlement to infringement fees
           Note
   33R.    Fees and charges
           Note
   33S.    Responsibilities of port operators for maritime safety
   33T.    Inspections and audits of port operations
   33U.    Prohibition or conditions on use or operation of port facilities
   33V.    Dangerous activity at commercial port
           Note
   33W.    Crown harbours and facilities
   33X.    Delegation or transfer of council's responsibilities

   PART 4 - Further regulation of maritime activity

   34.     Maritime rules relating to maritime documents
   35.     Application for maritime document
   36.     Maritime rules relating to other matters
   36A.    Power of Governor-General to make maritime rules
   37.     Power of Director to make emergency maritime rules
   38.     Contravention of emergency maritime rule
   39.     Matters to be taken into account in making maritime rules
   40.     Further provisions relating to rules
           Note
   40AA.   Director may grant exemptions from maritime rules
   40AB.   General provisions relating to exemptions
   40AC.   Appeal against decision on exemption under section 40AA(1)(a)

   PART 4A - Regulation of alcohol consumption by seafarers
   Note

   40A.    Interpretation
   40B.    Seafarers not to exceed specified alcohol limits
   40C.    Contravention of specified breath or blood-alcohol limit
   40D.    Failure or refusal to remain at specified place or to accompany enforcement officer
   40E.    Failure or refusal to permit blood specimen to be taken
   40F.    Defences
   40G.    Blood test fee
   40H.    Who must undergo breath screening test
   40I.    Who must undergo evidential breath test
   40J.    Seafarer may be required to undergo further evidential breath test if initial test fails to produce result
   40K.    Right to elect blood test
   40L.    Who must give blood specimen at places other than hospital or surgery
   40M.    Who must give blood specimen in hospital or medical centre
   40N.    Procedure for dealing with blood specimens
   40O.    Certificates in proceedings
   40P.    Certificates of compliance for evidential breath-testing devices
   40Q.    Presumptions relating to blood specimens
   40R.    Presumptions relating to alcohol-testing
   40S.    Circumstances in which certificate not admissible in proceedings
   40T.    Power to stop and board ships
   40U.    Arrest of seafarers for alcohol-related offences
   40V.    Enforcement officer may prevent seafarers from returning to duty
   40W.    Evidential status of certain muster lists, or other official records, from ships

   PART 4B - Drug and alcohol testing by Director
   Note

   40X.    Health and Safety at Work Act 2015 not limited by this Part
   40Y.    Interpretation
   40Z.    Director testing
   40ZA.   Worker may request second Director test
   40ZB.   What happens if worker refuses consent or test result is not negative
   40ZC.   Use of test results in criminal proceedings

   PART 5 - Powers and duties of Director ofMaritime New Zealandin relation to maritime activity
   Note

   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
           Note
   52.     Suspension from work
   53.     Suspended persons not to work or be employed
           Note
   54.     Inspections and audits
   54A.    Power of Director to investigate holder of maritime document
   55.     Detention, etc, of ships and maritime products
   56.     Costs of detention, etc
   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
           Note
   60A.    Master to ensure rules relating to pilotage are complied with
   60B.    Limitation of liability where pilot engaged

   PART 6 - Offences in relation to maritime activity
   Note

   61.     Offences likely to cause serious harm
   62.     Other offences
   63.     Actions taken to prevent harm
   64.     Unnecessary danger caused by holder of maritime document
   65.     Dangerous activity involving ships or maritime products
   65A.    Proceeding without pilot contrary to maritime rules or direction given under section 60A
   66.     Effect of breach of maritime rule
   67.     Communicating false information affecting safety
   67A.    Offence for submerged load lines
   67B.    Other offences
   68.     Acting without necessary maritime document
   69.     Applying for maritime document while disqualified
   69A.    Acting in breach of maritime documents
   69B.    Knowingly employing seafarers without maritime documents
   70.     Failure to comply with inspection or audit request
   71.     Failure to comply with Part 3
           Note
   72.     Failure to comply with sections 7 to 10
   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
           Note
   80.     Amendment of indictment or information
   81.     Strict liability and defences
           Note
   82.     Continuation of Maritime Appeal Authority
   82A.    Maritime Appeal Authority disestablished

   PART 7 - Limitation of liability for maritime claims
   Note

   83.     Application of this Part
   84.     Interpretation
   84A.    LLMC Convention as amended by LLMC Protocol to have force of law
   85.     Persons entitled to limitation of liability under this Part
   86.     Claims subject to limitation of liability
   87.     Calculation of limits of liability
   87A.    Governor-General may notify amended limits
   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

   PART 8 - Liability where 2 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

   PART 9 - Wreckof ships and aircraft
   Note

   98.     Interpretation
   99.     Director may appoint Receivers
   100.    Powers and duties of Director where ship or aircraft in distress
   100A.   Responsibility of owner of 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
   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
   110.    Removal of hazards to navigation
           Note
   111.    Offences in respect of wreck
   112.    Receiver may seize concealed wreck
           Note
   113.    Salvage for saving life
   114.    Salvage of cargo or wreck
           Note
   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
           Note
   125.    Fees to be paid to Receiver
   126.    Foreign wreck subject to duties as an importation
   127.    Penalties

   PART 10 - Construction, survey, and equipment
   Note

   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
           Note
   133.    Certain ships to be surveyed
   134.    Director may exempt any particular ship or class of ship from survey
           Note
   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
           Note
   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 1 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
           Note
   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

   PART 11 - Load lines
   Note

   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

   PART 12 - Safety at sea
   Note

   168.    Interpretation
           Note
   169.    Application of Collision Regulations
   170.    Observance of Collision Regulations
           Note
   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

   PART 13 - Transitional provisions relating to Parts 10 to 12

   185.    Penalties
   186.    Documents issued under Parts 10 to 12
   187.    Expiry of Parts 10 to 12

   PART 14 - General provisions relating to shipping

   188.    Duty of assistance
   189.    Maritime Registry
   190.    Information services
           Note
   191.    Maritime levies
   192.    Exemptions from maritime levies
   193.    Power to appoint agents to collect maritime levies
   194.    Power of agent of ship, etc, to retain maritime levies out of other money
   195.    Recovery in certain cases where maritime levies not paid
   196.    Issue of receipt for maritime levy
   197.    Detention of ship where maritime levies not paid or receipt not produced
   197A.   Regulations may impose ballast water management levy
   198.    Coastal shipping
   199.    Search and rescue operations
   200.    Navigational aids
           Note
   200A.   Minister may notify maritime event where special enforcement powers exercisable
   200B.   Special enforcement powers may be exercised when this section applies
           Note
   200C.   Opening and testing of packages containing dangerous goods
   201.    Regulations

   PART 15 - 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

   PART 16 - 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

   PART 17 - 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
   219A.   Salvage for saving life
   220.    Actions for indemnity

   PART 18 - Preliminary provisions relating to marine pollution

   221.    Commencement of provisions relating to marine pollution
   222.    Interpretation
   223.    Application of Parts 19 to 27 to ships of New Zealand Defence Force
   224.    Application of certain provisions of Parts 19 to 28

   PART 19 - Protection of marine environment from harmful substances

   224A.   Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of discharges
   225.    Interpretation
   226.    Harmful substances not to be discharged into sea or seabed of exclusive economic zone or continental shelf
   226A.   Harmful substances not to be discharged into sea or seabed beyond New Zealand continental waters from New Zealand ships
   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, Environmental Protection Authority, and regional councils to share information concerning notices
   232.    Director may require provision of financial security
   233.    Rectification of hazardous conditions
   233A.   Power to prohibit transfer of oil or noxious liquid substance
   234.    Precautionary measures in the event of transfer of oil or noxious liquid substance
   235.    Powers of investigation of Director
   235A.   Additional powers of Director
   236.    Power to require reception facilities
   237.    Discharge or escape of harmful substances from ship 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
   242A.   Failure to comply with prohibitions
   243.    Defences to offence against section 237
   244.    Penalties in respect of sections 237, 238, 239, and 242
   245.    Penalties in respect of sections 240, 241, and 242A
   246.    Amount of fine or other monetary penalty recoverable from agent

   PART 19A - Protection of marine environment from ballast water
   Note

   246A.   Meaning of ballast water, convention, and ship
   246B.   Discharge from ships
   246C.   Offence
   246D.   Defences
   246E.   Director's powers
   246F.   Person subject of exercise of Director's powers

   PART 20 - 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

   PART 21 - Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes
   Note

   257.    Interpretation
   257A.   Regulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of dumping
   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.    Permits for dumping waste or other matter
   262A.   Emergency dumping permit
   262B.   Conditions of emergency dumping permit
   263.    Offences in respect of radioactive waste and other radioactive matter
   264.    Offences in respect of dumping and incineration of waste and other matter
   265.    Special defences
   266.    Penalties
   267.    Sentence of imprisonment

   PART 22 - Obligations and powers in relation to marine protection documents

   268.    Marine protection documents to be held and complied with if required by marine protection rules
   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
   277.    Acting without necessary marine protection document
   278.    Acting in breach of marine protection document
   279.    Penalties for individuals
   280.    Penalties for bodies corporate

   PART 23 - Plans and responses to protect marine environment from marine oil spills

   281.    Interpretation
   282.    Oil Pollution Advisory Committee
   283.    Preparation and review of response strategy
   284.    Purpose and contents of response strategy
   285.    Consultation in respect of response strategy
   286.    Purpose of marine oil spill contingency plans
   287.    Preparation, review, and keeping of shipboard and site marine oil spill contingency plans
   288.    Purpose of regional marine oil spill contingency plan
   289.    Initial regional marine oil spill contingency plans
   290.    Regular review of regional marine oil spill contingency plans
   291.    Preparation and consultation in respect of, and matters to be included in, regional marine oil spill contingency plans
   292.    Approval of draft regional marine oil spill contingency plan
   293.    Amendment of regional marine oil spill contingency plans
   294.    Regional marine oil spill contingency plan overridden in certain cases
   295.    Power of Director to prepare regional 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
   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
   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
   318.    Appointment of regional on-scene commanders
   319.    Appointment of National On-Scene Commander
   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

   PART 24 - Financing plans and responses to protect the marine environment from marine oil spills

   329.    Interpretation
   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
   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

   PART 25 - Civil liability for pollution of marine environment

   342.    Interpretation
   343.    Ownership of CLC Ship
   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.    Limits of liability of CLC shipowners for oil 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 Convention States
           Note
   355.    Liability to the Crown and marine agencies for costs of cleaning up pollution
   356.    Liability for pollution damage from marine operations and structures
   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
   361.    Time for bringing proceedings
   362.    Part 7 not to affect liability under this Part
   363.    Certain ships to have certificates of insurance
   363A.   Certain ships to have bunker oil 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 and regulated ships
   367.    Offences
   368.    Application of admiralty jurisdiction
   369.    Reciprocal enforcement of judgments

   PART 26 - Compensation from International Oil Pollution Compensation Fundand Supplementary Fundfor pollution damage
   Note

   370.    Interpretation
           Note
   371.    International Oil Pollution Fund and Supplementary Fund declared to be legal entities
   372.    Compensation from International Oil Pollution Fund and Supplementary Fund for certain pollution damage
   373.    Maximum amount of liability of International Oil Pollution Fund and Supplementary Fund
   374.    International Oil Pollution Fund’s liability for compensation avoided or limited in certain cases
   375.    Several claims for compensation from International Oil Pollution Fund
   376.    International Oil Pollution Fund to indemnify certain shipowners
   377.    International Oil Pollution Fund’s liability to indemnify limited or avoided in certain cases
           Note
   378.    Time for bringing proceedings against International Oil Pollution Fund or Supplementary Fund
   379.    Jurisdiction of court in respect of claims against International Oil Pollution Fund or Supplementary Fund
   380.    Notice of proceedings against International Oil Pollution Fund or Supplementary Fund
   381.    Notice to and joining of International Oil Pollution Fund and Supplementary Fund in certain proceedings
   382.    Reciprocal enforcement of judgments against International Oil Pollution Fund or Supplementary Fund
   383.    Rights of subrogation of International Oil Pollution Fund or Supplementary Fund
           Note
   384.    International Oil Pollution Fund as insurer
   385.    Levies on oil imports

   PART 26A - Civil liability for pollution of marine environment from marine structures
   Note

   385A.   Interpretation
   385B.   Liability to the Crown and marine agencies for costs of cleaning up pollution
           Note
   385C.   Liability for pollution damage from marine structures and operations
   385D.   Liability for unattributable pollution damage from marine structures and operations
   385E.   Defences in respect of liability for pollution damage from marine structures and operations
   385F.   Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence
   385G.   Proceedings against third parties in respect of pollution damage from marine structures or operations
   385H.   Regulated offshore installations to have certificates of insurance
   385I.   Production of certificate of insurance
   385J.   Rights of third-party claimants against insurers of regulated offshore installations
   385K.   Offence

   PART 27 - Making of marine protection rules and regulations and taking of other measures to protect marine environment

   386.    Marine protection rules to implement international standards
   387.    Marine protection rules relating to marine protection documents
   388.    Marine protection rules in relation to harmful and other substances
   389.    Marine protection rules in relation to waste or other matter
   390.    Marine protection rules in relation to marine oil spills and other matters
   390A.   Power of Governor-General to make marine protection rules
   391.    Power of Director to make emergency marine protection rules
   392.    Matters to be taken into account in making marine protection rules
   393.    Further provisions relating to marine protection rules
   394.    Regulations
   395.    Director may grant exemptions from marine protection rules
   395A.   Appeal against decision on exemption under section 395(1)(a)
   396.    Inspections and audits (other than in relation to Annex VI)
   396A.   Inspections and audits in relation to Annex VI
   397.    Detention, etc, of ships and seizure of marine protection products
   398.    Costs of detention under section 397
   399.    Failure to comply with Director’s inspection or audit requirements
   400.    Contravention of prohibition or conditions
   401.    Contravention of emergency marine protection rule
   402.    Penalties in respect of section 399
   403.    Penalties in respect of sections 400 and 401

   PART 28 - General offences and provisions in relation to offences and appeals under this Act

   404.    Obstruction of persons duly authorised by Director
   405.    Failure to maintain accurate records
   406.    Communicating fraudulent, misleading, or false information
   407.    Penalties
   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 1 enactment
   421.    Application of fines
   422.    Infringement offences
   423.    Infringement notices
   424.    Rights of appeal
   425.    Procedure
   426.    Decision of Director or harbourmaster to continue in force pending appeal
   427.    Appeal to High Court on question of law
   428.    Further appeal to Court of Appeal

   PART 29 - MaritimeNew Zealand
   Note

   429.    Maritime New Zealand continued
   429A.   Membership of Authority
   430.    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.    Restriction applying to statement of intent
   437.    Service charter
   438.    Use of words Maritime Safety Authorityand Maritime New Zealand
   439.    Director of Maritime New Zealand
   440.    Acting Director of Maritime New Zealand
   441.    Delegation of Minister’s functions or powers to Authority
   442.    Restriction on delegation of functions and powers by Authority
   443.    Delegation of Director’s functions or powers to employees of Authority
   444.    Delegation of Director’s functions or powers to persons outside Authority
   444A.   Power to require reception facilities

   PART 30 - Miscellaneous provisions applying to this Act generally

   445.    Regulations for fees and charges
   445A.   Text of certain marine protection conventions
   446.    Procedure for making of rules by Minister
   446A.   Procedure for making of rules by Governor-General
   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 by reference
           Note
   452A.   Regulations or rules may provide for transport instruments
   452B.   Specified person may make transport instruments
   452C.   Procedures relating to transport instruments
   452D.   Incorporation of material in transport instruments
   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
   458.    Service of documents
   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
   467A.   Provisions of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 not to apply

   PART 31 - 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
   477.    Effect of bylaws on port company operations
   478.    No marine pollution dues
           Note
   479.    Functions of regional councils
   480.    Acts under which consents may be granted
   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 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9


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