New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 198

198 Coastal shipping

1 No ship shall carry coastal cargo, unless the ship is—

a) a New Zealand ship; or

b) a foreign ship on demise charter to a New Zealand-based operator who employs or engages a crew to work on board the ship under an employment agreement or contract for services governed by New Zealand law; or

c) a foreign ship—

i) that is passing through New Zealand waters while on a continuous journey from a foreign port to another foreign port, and is stopping in New Zealand to load or unload international cargo; and

ii) whose carriage of coastal cargo is incidental in relation to the carriage of the international cargo.

d)

1A A ship referred to in subsection (1)(c) may only load and unload coastal cargo—

a) at a New Zealand port at which it loads or unloads international cargo; or

b) at a New Zealand port that it is scheduled to pass in the course of its continuous journey.

2 If, in any case, the Minister is satisfied that there are no ships of any of the kinds specified in subsection (1) available to carry any coastal cargo, the Minister may authorise the carrying of coastal cargo in that case by any other ship on such conditions as the Minister considers appropriate (including any conditions relating to occupational safety and health); and every authorisation granted under this subsection shall, subject to subsection (5), have effect according to its tenor.

3 Every person commits an offence who—

a) carries coastal cargo in contravention of this section; or

b) contravenes or fails to comply with any condition imposed under subsection (2).

4 Every person who commits an offence against subsection (3) is liable on conviction,—

a) in the case of an individual, to a fine not exceeding $10,000:

b) in the case of a body corporate, to a fine not exceeding $100,000.

5 Nothing in this section shall limit any other provision of this Act or any other Act, or any regulations or maritime rules made under this Act.

6 In this section,—  
"coastal cargo" , in relation to any ship, means—  

a) passengers who initially board the ship at a New Zealand port for carriage to and final disembarking from that ship at another New Zealand port; or

b) goods initially loaded on the ship at a New Zealand port for carriage to and final unloading at another New Zealand port

"continuous" , in relation to a journey, means proceeding directly and expeditiously  
"foreign port" means a port in a country other than New Zealand    
"goods" has the same meaning as in section 246 of the Contract and Commercial Law Act 2017    
"international cargo" , in relation to any ship, means—  

a) passengers who initially board the ship at—

i) a foreign port for carriage to and disembarking at a New Zealand port; or

ii) a New Zealand port for carriage to and disembarking at a foreign port; and

b) goods initially loaded on the ship at—

i) a foreign port for carriage to and unloading at a New Zealand port; or

ii) a New Zealand port for carriage to and unloading at a foreign port; and

c) excludes coastal cargo

"New Zealand port" means a port in New Zealand.

History: Section 198(1): substituted, on 15 December 2005, by section 9(1) of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).   Section 198(1)(c): replaced, on 23 October 2013, by section 37(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 198(1)(d): repealed, on 23 October 2013, by section 37(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 198(1A): inserted, on 23 October 2013, by section 37(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 198(2): amended, on 23 October 2013, by section 37(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 198(2): amended, on 5 May 2003, by section 35(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).     Section 198(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).     Section 198(6) coastal cargo: replaced, on 23 October 2013, by section 37(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 198(6) continuous: inserted, on 23 October 2013, by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 198(6) goods: amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).     Section 198(6) international cargo: inserted, on 23 October 2013, by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 198(6) New Zealand port: inserted, on 23 October 2013, by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).