Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

Preliminary provisions

4: Application of this Act

You could also call this:

"What this law applies to and what it doesn't, like New Zealand ships and some defence things."

This Act does not apply to some things, like warships of the New Zealand Defence Force or warships of other countries. It also does not apply to aircraft of the New Zealand Defence Force or aircraft of other countries' defence forces. You should know that this Act does not apply to ships owned or operated by other countries for government purposes, but not for commercial purposes. The Act also does not apply to the master or crew of these ships, or to defence areas as defined in section 2 of the Defence Act 1990. Some parts of this Act do apply to warships of the New Zealand Defence Force, and if someone thinks the government has broken a rule, they can ask the High Court to say so. If you are on a New Zealand ship, this Act applies to you, no matter where you are in the world.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335618.

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Part 1Preliminary provisions

4Application of this Act

  1. Except as otherwise provided in this Act, or in any regulations or rules made under this Act, nothing in this Act, or any regulations or rules made under this Act, shall apply to—

  2. warships of the New Zealand Defence Force; or
    1. warships of any other State; or
      1. aircraft of the New Zealand Defence Force; or
        1. aircraft of the defence forces of any other State; or
          1. any ship owned or operated by a State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes; or
            1. the master or the crew of any ship referred to in paragraph (a) or paragraph (b) or paragraph (e); or
              1. defence areas as defined in section 2 of the Defence Act 1990.

                1. The provisions of sections 344 to 352, 361, and 368 shall apply to warships of the New Zealand Defence Force and, for the purposes of determining any liability under any of those provisions in respect of any act or omission involving such a warship, any provision of this Act, the Resource Management Act 1991, or any other enactment referred to in those provisions shall be deemed to apply to such warships.

                2. Where it is alleged that the Crown has contravened a provision of this Act, or any rules or regulations made under this Act, and such contravention constitutes an offence,—

                3. any person may apply to the High Court for a declaration that the Crown has contravened that provision; and
                  1. if satisfied beyond reasonable doubt that the Crown has contravened that provision, the court may make a declaration to that effect.

                    1. Except where the context otherwise requires, where this Act applies to ships, it applies to New Zealand ships wherever they may be.

                    Notes
                    • Section 4(2): amended, on , 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 4(4): inserted, on , by section 6 of the Maritime Transport Amendment Act 2013 (2013 No 84).