New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 222

222 Interpretation

1 In this Part and in Parts 19 to 28 , unless the context otherwise requires,—  
"agent" or
"agent of the ship" , in relation to a ship, means—  

a) any agent in New Zealand of the owner of the ship; and

b) any agent for the ship

"Annex VI" means Annex VI of MARPOL (regulations for the prevention of air pollution from ships)  
"Annex VI requirements" means requirements imposed for the purposes of Annex VI under this Act, or under any regulations or rules made under this Act    
"Annex VI substance" means any substance specified as an Annex VI substance for the purposes of this definition by the marine protection rules    
"Civil Liability Convention" has the meaning given to it by section 342     
"CLC owner" has the meaning given to it by section 342     
"CLC ship" has the meaning given to it by section 342     
"CLC State" has the meaning given to it by section 342     
"controlled offshore installation" has the meaning given to it by section 257     
"discharge" —  

a) includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but

b) does not include—

i) dumping in accordance with a permit issued by the Director under section 262 ; or

ii) the release of harmful substances for the purposes of legitimate scientific research into pollution abatement and control

"dumping" has the meaning given to it by section 257   
"emergency dumping permit" has the meaning given in section 257     
"exclusive economic zone of New Zealand" has the meaning given to it by section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 ; and
"exclusive economic zone" has the same meaning    
"fuel oil" means any fuel delivered to and intended for combustion purposes for propulsion or operation on board a ship, including gas, distillate, and residual fuels    
"Fund Convention" has the meaning given to it by section 370     
"harmful substance" has the meaning given to it by section 225     
"London Convention" has the meaning given to it by section 257     
"marine incineration facility" has the meaning given to it by section 257     
"marine oil spill contingency plan" has the meaning given to it by section 281     
"marine operations" means any operations or operation for, or connected with, the exploration for, or the exploitation or associated processing of, any mineral in the sea or the seabed    
"marine protection convention" , in relation to this Part and Parts 19 to 27 , means any international convention, protocol, or agreement relating to the protection of the marine environment from pollution that is declared for the purposes of any such Part by Order in Council pursuant to subsection (4); and includes every amendment to, or revision of, any such instrument, being an amendment or revision to which New Zealand is a party that is declared in the same manner    
"marine protection document" means—  

a) any permit issued by the Director under section 262 or 262A :

b) any certificate of insurance issued, recognised, or accepted by the Director under section 363, 363A, or 385H :

c) any permit, certificate, licence, or other document issued or recognised by the Director under section 270 or any permit, certificate, licence, or other document issued by another person and accepted by the Director under section 271

"marine protection product" means—

a) anything or any substance specified as a marine protection product for the purposes of this definition by the marine protection rules; and

b) anything that comprises, or is intended to comprise, any part of a ship, offshore installation, or pipeline, or that is or is intended to be installed on or fitted or supplied to a ship, offshore installation, or pipeline for the purpose of preventing, limiting, or controlling a discharge or the escape of a harmful substance, ballast water, or an Annex VI substance, including (but not limited to)—

i) any plant or equipment that treats or is intended to treat a harmful substance, ballast water, or an Annex VI substance; and

ii) any plant or equipment that monitors or is intended to monitor the discharge or escape of a harmful substance, ballast water, or an Annex VI substance; and

c) any substance used or intended to be used for the dispersal or emulsification of a harmful substance or ballast water in the sea

"marine protection rules" means the marine protection rules made by the Minister or the Director under Part 27   
"MARPOL" has the meaning given to it by section 225     
"mineral" has the same meaning as in section 2(1) of the Crown Minerals Act 1991     
"mining activity" has the meaning given in section 225     
"mining discharge" has the meaning given in section 225     
"National On-Scene Commander" has the meaning given to it by section 281     
"New Zealand aircraft" has the same meaning as the term New Zealand registered aircraft is given by section 2 of the Civil Aviation Act 1990     
"New Zealand continental waters" means—  

a) New Zealand marine waters; and

b) the waters beyond the outer limits of the exclusive economic zone of New Zealand but over the continental shelf of New Zealand

"New Zealand marine waters" means—

a) the territorial sea of New Zealand; and

b) the waters of the exclusive economic zone of New Zealand

"New Zealand Oil Pollution Fund" has the meaning given to it by section 281   
"New Zealand structure" has the meaning given in section 257     
"noxious liquid substance" has the meaning given to it by section 225     
"offshore installation" or
"installation" includes any artificial structure (including a floating structure other than a ship) used or intended to be used in or on, or anchored or attached to, the seabed for the purpose of the exploration for, or the exploitation or associated processing of, any mineral; but does not include a pipeline    
"offshore terminal" means any place in the sea where cargo is loaded or unloaded    
"oil" , except in Parts 25, 26, and 26A , means petroleum in any form including crude oil, fuel oil, sludge, oil refuse, and refined products (other than petrochemicals that are subject to the provisions of Annex II of MARPOL); and includes any substance declared to be oil for the purposes of this definition by the marine protection rules    
"oil transfer site" has the meaning given to it by section 281     
"on-scene commander" has the meaning given to it by section 281     
"owner" has the meaning given to it by subsection (2)    
"pipeline" means a pipeline constructed or used to convey any matter or substance; and includes all machinery, tanks, and fittings connected to the pipeline    
"pollution incident" has the meaning given to it by section 225     
"region" means a region within the meaning of the Local Government Act 2002     
"regional council" or
"council" means a regional council within the meaning of the Local Government Act 2002 ; and includes—  

a) any territorial authority that has, by reason of the transfer to it under section 17 of the Local Government Act 2002 of a responsibility of a regional council, the functions powers and duties of a regional council; and

b) the Chatham Islands Council

"regional marine oil spill contingency plan" has the meaning given to it by section 281   
"regulated oil tanker" has the meaning given to it by section 342     
"regulated ship" has the meaning given to it by section 342     
"seabed" includes the subsoil of the seabed    
"shipboard marine oil spill contingency plan" has the meaning given to it by section 281     
"site marine oil spill contingency plan" has the meaning given to it by section 281     
"structure" has the meaning given in section 257     
"toxic or hazardous waste" has the meaning given to it by section 257     
"transfer" , in relation to oil or any other harmful substance, means transfer to or from a cargo or fuel tank    
"transfer facility" has the meaning given to it by section 225     
"waste or other matter" has the meaning given to it by section 257 .  

1A In this Part and in Parts 19 to 30 , unless the context otherwise requires,—  
"reception facility" means a facility for the reception of—  

a) harmful substances from ships (as defined in section 2(1) ); or

b) sediment (as defined in section 444A(3) ); or

c) Annex VI substances from ships (within the meaning of MARPOL)

"ship" , for the purposes of implementing Annex VI, means a ship within the meaning of Article 2(4) of MARPOL.

2 In this Part, Parts 19 to 27, and section 418 , unless the context otherwise requires,
"owner" ,—

a) in relation to any ship (except in the circumstances, and to the extent, provided in sections 343 and 370 ), includes—

i) any person who is the legal or equitable owner, or both, of the ship; and

ii) any person in possession of the ship; and in Parts 19, 20, and 21 and section 344 , includes any salvor in possession of the ship, and any servant or agent of any salvor in possession of the ship; and

iii) any charterer, manager, or operator of the ship, or any other person (other than a pilot) responsible for the navigation or management of the ship:

b) in relation to an offshore installation, includes—

i) the person having any right, privilege, or licence to explore for or exploit minerals in connection with which the installation is being, has been, or is to be used; and

ii) the manager, lessee, licensee, or operator of the installation; and

iii) any agent or employee of the owner, manager, lessee, or licensee, or operator of the installation, or the person in charge of any operations connected with the installation:

c) in relation to a pipeline, includes any manager, lessee, licensee, or operator of the pipeline, or the person in charge of the pipeline:

d) in relation to an oil transfer site, includes any manager, lessee, licensee, or operator of the transfer site or the person in charge of the site.

3 Unless the context otherwise requires, any term defined in this section or any of sections 225, 247, 257, 281, 329, 342, and 370 shall have that meaning throughout Parts 19 to 28 and any regulations or rules made under any of those Parts.

4 The Governor-General may from time to time, by Order in Council, declare—

a) that any specified international convention, protocol, or agreement relating to the protection of the marine environment from pollution, to which New Zealand is a party, shall be a marine protection convention for the purposes of this Part and Parts 19 to 27 , or such of them (or their provisions) as may be specified in the order:

b) that any specified amendment to, or revision of, any such instrument shall form part of that instrument for any such purposes.

5 An order under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Note: 1974 No 14 s 2 ; 1980 No 53 s 2 ; 1990 No 34 s 2

History: Section 222(1) Annex VI: inserted, on 16 November 2021, by section 4(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).   Section 222(1) Annex VI: inserted, on 16 November 2021, by section 4(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 222(1) Annex VI substance: inserted, on 16 November 2021, by section 4(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 222(1) discharge: replaced, on 16 November 2021, by section 4(2) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 222(1) emergency dumping permit: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).     Section 222(1) exclusive economic zone of New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).     Section 222(1) fuel oil: inserted, on 16 November 2021, by section 4(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 222(1) harbourmaster: repealed, on 23 October 2013, by section 41(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 222(1) marine protection document paragraph (a): amended, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).     Section 222(1) marine protection document paragraph (b): amended, on 1 October 2014, by section 91 of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 222(1) marine protection product: replaced, on 16 November 2021, by section 4(3) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 222(1) mining activity: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).     Section 222(1) mining discharge: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).     Section 222(1) New Zealand structure: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).     Section 222(1) oil: amended, on 23 October 2013, by section 41(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 222(1) reception facility: repealed, on 16 November 2021, by section 4(4) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 222(1) region: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).     Section 222(1) regional council or council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).     Section 222(1) structure: inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).     Section 222(1A): inserted, on 16 November 2021, by section 4(5) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 222(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).