New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 342

342 Interpretation

1 In this Part, unless the context otherwise requires,—  
"bunker oil" means—  

a) any hydrocarbon mineral oil used, or intended to be used, for the operation or propulsion of a ship; and

b) any residues of that oil

"Bunker Oil Convention" —

a) means the International Convention on Civil Liability for Bunker Oil Pollution Damage done at London on 23 March 2001; and

b) includes any subsequent protocol or amendment to, or revision of, that convention accepted or ratified by New Zealand

"Bunker Oil Convention ship" means a ship registered in, or (if unregistered) flying the flag of, a Bunker Oil Convention State  
"Bunker Oil Convention State" means any State that is a party to the Bunker Oil Convention    
"Civil Liability Convention" or
"CLC" means the International Convention on Civil Liability for Oil Pollution Damage, 1969; and includes any subsequent protocol or amendment to, or revision of, that convention accepted or ratified by New Zealand    
"CLC owner" means,—  

a) in the case of a registered CLC ship, the person registered as the owner of that ship; or

b) in the case of an unregistered CLC ship, the person who owns the ship; or

c) in the case of a CLC ship owned by a State and operated by a person registered as the ship’s operator, the person registered as its operator

"CLC ship" has the same meaning as ship has in the Civil Liability Convention  
"CLC State" means any State that is a party to the Civil Liability Convention    
"harmful substance" means—  

a) any substance specified as a harmful substance for the purposes of section 225 by the marine protection rules:

b) oil:

c) bunker oil

"insurance" means public liability insurance  
"marine agency" means the Authority, a regional council, or the operator of a port facility    
"marine structure" means an offshore installation, a pipeline, or any facility, site, structure, or thing used to transfer a harmful substance to or from a ship or offshore installation    
"oil" means any persistent hydrocarbon mineral oil    
"oil tanker" means a ship carrying oil in bulk as cargo    
"pollution damage" means damage or loss of any kind caused by or resulting from the escape or discharge of a harmful substance from a ship and —  

a) includes the cost of any reasonable preventive measures taken to prevent or reduce pollution damage and any damage or loss occurring as a result of those measures; and

b) includes the costs of reasonable measures of reinstatement of the environment that are undertaken or to be undertaken; and

c) includes losses of profit from impairment of the environment; but

d) does not include any costs in relation to the impairment of the environment other than the costs referred to in paragraphs (b) and (c)

"regulated foreign oil tanker" means a regulated oil tanker that is not a New Zealand ship  
"regulated New Zealand oil tanker" means a regulated oil tanker that is a New Zealand ship    
"regulated New Zealand ship" means a regulated oil tanker or a regulated ship that is a New Zealand ship    
"regulated oil tanker" means an oil tanker, wherever registered and of whatever nationality, carrying a quantity of oil in bulk in excess of 2 000 tonnes or such other quantity as may be fixed for the purpose from time to time by the Governor-General by Order in Council (see subsection (3))    
"regulated ship" means a New Zealand or foreign ship of 400 gross tonnage or more other than a regulated oil tanker    
"tonnage" , in relation to any ship,—  

a) has the meaning defined in any regulations or maritime rules made under this Act that apply to the ship, unless the term is defined differently for different purposes, or is not defined, by such regulations or rules:

b) where the tonnage cannot be ascertained under paragraph (a), means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.

2 In the Civil Liability Convention,
"ship" means any sea-going vessel and seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard.

3 An order made for the purpose of the definition of regulated oil tanker in subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 342(1) bunker oil: inserted, on 1 October 2014, by section 92(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).   Section 342(1) Bunker Oil Convention: inserted, on 1 October 2014, by section 92(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) Bunker Oil Convention ship: inserted, on 1 October 2014, by section 92(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) Bunker Oil Convention State: inserted, on 1 October 2014, by section 92(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) Civil Liability Convention: amended, on 23 October 2013, by section 54(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) CLC ship: replaced, on 15 June 2018, by section 10(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 342(1) harmful substance: replaced, on 1 October 2014, by section 92(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) oil: substituted, on 25 June 1999, by section 3(3) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 342(1) pollution damage: substituted, on 25 June 1999, by section 3(4) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 342(1) pollution damage: amended, on 23 October 2013, by section 54(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) regulated offshore installation: repealed, on 23 October 2013, by section 54(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) regulated oil tanker: amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).     Section 342(1) regulated ship: replaced, on 23 October 2013, by section 54(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 342(1) tonnage paragraph (b): substituted, on 25 June 1999, by section 3(5) of the Maritime Transport Amendment Act 1998 (1998 No 53).     Section 342(2): inserted, on 15 June 2018, by section 10(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 342(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).