New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 397

397 Detention, etc, of ships and seizure of marine protection products

1 The Director may from time to time do all or any of the following:

a) detain any ship:

b) prohibit, or impose conditions on, the use or operation of any ship or any ship of a particular class or the use of a marine protection product:

c) seize any marine protection product or any marine protection product of a particular class:

d) impose conditions on the release from detention of the ship or the release from seizure of a marine protection product:

e) prohibit a ship from entering a port or calling at an offshore terminal.

2 The powers under subsection (1) may be exercised where the Director believes on clear grounds that—

a) there is an existing discharge from the ship of a harmful substance in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 ; or

b) there is likely to be a discharge from the ship of a harmful substance in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 ; or

c) ships of a particular class are likely to give rise to a discharge of a harmful substance in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 ; or

ca) in relation to ballast water, and ships as defined in section 246A(3)(a) ,—

i) there is an existing discharge from the ship of ballast water in breach of this Act; or

ii) there is likely to be a discharge from the ship of ballast water in breach of this Act; or

iii) ships of a particular class are likely to give rise to a discharge of ballast water in breach of this Act; or

d) there has not been issued in respect of the ship or the marine protection product, as the case may be, a marine protection document as required by this Act or any regulations or marine protection rules made under this Act; or

e) a marine protection document in respect of the ship or marine protection product, as the case may be, has expired; or

f) any provision or condition of a marine protection document in respect of the ship, or marine protection product, as the case may be, is not being met; or

g) the ship or the marine protection product presents an unreasonable threat of harm to the environment, including the marine environment; or

ga) there is likely to be a contravention of Annex VI requirements under this Act or regulations or rules made under this Act; or

h) any conditions imposed under paragraph (b) or paragraph (d) of subsection (1) have not been complied with.

3 The powers under subsection (1) may also be exercised where the Director believes on clear grounds that the master or crew are not familiar with essential shipboard procedures for the prevention of marine pollution or essential procedures on a ship, as defined in section 246A(3)(a) , for the prevention of harm to the environment, human health, property, or resources from ballast water.

3A The powers under subsection (1) may also be exercised if the Director believes on clear grounds that the master or crew are not familiar with essential shipboard procedures relating to the prevention of air pollution from ships for the purposes of implementing Annex VI.

4 Without limiting the generality of subsection (2), the Director may detain any ship to which section 232 applies if the owner of that ship has not provided a contract of insurance or other financial security in accordance with the provisions of that section.

5 Nothing in this section shall permit the Director to detain a foreign ship where that detention would constitute a breach of any marine protection convention.

6 Subject to subsections (7) and (8), any detention or seizure under subsection (1) shall be maintained for only such time as the grounds under subsection (2) which gave rise to the detention or seizure continue.

7 If ships, marine protection products, or parts thereof are required for the purpose of evidence in any prosecution under a provision in this Act, the Resource Management Act 1991 , or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 , those ships, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.

8 Any detention under subsection (4) shall be maintained until the Director is satisfied that either—

a) the owner of the ship has complied with the obligation under section 232 to provide a contract of insurance or financial security; or

b) such obligation to provide a contract of insurance or financial security is no longer appropriate as it has been determined that there is no liability to pay the amounts in respect of which the security was sought or all such amounts have been paid.

9 The Director shall, if requested by the owner of a ship detained or a marine protection product seized under subsection (1), provide in writing to the owner the reasons for the detention or seizure.

10 For the purpose of subsection (1), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.

11 Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424 .

Note: 1990 No 98 s 21 ; 1992 No 75 s 14

History: Section 397(2)(a): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).   Section 397(2)(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 397(2)(b): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).     Section 397(2)(b): 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 397(2)(c): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).     Section 397(2)(c): 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 397(2)(ca): inserted, on 8 September 2017, by section 86(15) of the Biosecurity Law Reform Act 2012 (2012 No 73).     Section 397(2)(g): amended, on 16 November 2021, by section 15(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 397(2)(ga): inserted, on 16 November 2021, by section 15(2) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 397(3): amended, on 8 September 2017, by section 86(16) of the Biosecurity Law Reform Act 2012 (2012 No 73).     Section 397(3A): inserted, on 16 November 2021, by section 15(3) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 397(7): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).     Section 397(7): 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 397(11): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).