New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 385

385 Levies on oil imports

1 For the purpose of complying with the requirements of Articles 10, 12, 13, 14, and 15 of the Fund Convention, the Governor-General may, by Order in Council, impose a levy on oil carried by sea and landed from a ship in any port or oil transfer site in New Zealand (whether or not landed from a country outside New Zealand).

1A For the purpose of complying with the requirements of Articles 10 to 15 of the Supplementary Fund Protocol, the Governor-General may, by Order in Council, impose a levy on oil carried by sea and landed from a ship in any port or oil transfer site in New Zealand (whether or not landed from a country outside New Zealand).

2 Without limiting anything in subsections (1) and (1A), an Order in Council under this section may prescribe all or any of the following matters:

a) the rate of the levy, and the basis on which it is to be assessed in any one calendar year, whether for that year or the preceding calendar year or for any other calendar year:

b) any additional rate of levy, and the basis on which it is to be assessed:

c) the persons liable to pay the levy, the due date for payment, and the persons to whom the levy is to be paid:

d) penalties and interest for non-payment and for late payment of levies:

e) the taking of legal proceedings to recover any levy or any penalty or amount of interest.

3 In this section, the term
"oil" means—

a) crude oil, namely, any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation; and includes crude oils from which certain distillate fractions have been removed (topped crudes) or to which certain distillate fractions have been added (spiked or reconstituted crudes):

b) fuel oil, namely, heavy distillates or residues from crude oil, or blends of such materials, intended for use as a fuel for the production of heat or power of a quality equivalent to or heavier than the American Society for Testing and Materials’ Specification for Number Four Fuel Oil (Designation D396-69).

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

History: Section 385(1): amended, on 15 June 2018, by section 26(1)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).   Section 385(1): amended, on 15 June 2018, by section 26(1)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 385(1A): inserted, on 15 June 2018, by section 26(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 385(2): amended, on 15 June 2018, by section 26(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).     Section 385(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).