Part 5Powers and duties of Director of
Maritime New Zealand in relation to maritime
activity
Inspection, investigation, detention, and
rectification
55Detention, etc, of ships and maritime products
The Director may from time to time do all or any of the following:
- detain any ship or any ship of a particular class:
- seize any maritime product or any maritime product of a
particular class:
- prohibit or impose conditions on the use or operation of
any ship or any ship of a particular class, or the use of
any maritime product or any maritime product of a particular
class:
- impose conditions on the release from detention or seizure
of the ship or maritime product.
The powers under subsection (1) may be exercised where the Director believes on clear grounds that—
- the operation or use of any ship or maritime product or
class of ship or maritime product, as the case may be,
endangers or is likely to endanger any person or property,
or is hazardous to the health or safety of any person;
or
- the appropriate prescribed maritime document is not for the
time being in force in respect of the ship, or the master or
any member of the crew of that ship, or the maritime
product, as the case may be; or
- any maritime document required by maritime rules in respect
of the ship or maritime product, as the case may be, has
expired; or
- the conditions under which a maritime document in respect
of a ship or maritime product was issued or recognised, or
the requirements of that document, are not being met;
or
- the watchkeeping requirements specified for a ship by the
State in which the ship is registered are not being met;
or
- the conditions imposed under paragraph (c) or paragraph (d)
of that subsection are not being met.
The powers under subsection (1) may also be exercised where the Director is satisfied, on clear grounds, that the master is not, or crew are not, familiar with essential shipboard procedures for the safe operation of the ship.
Nothing in this section shall permit the Director to detain a ship where that detention would constitute a breach of any convention.
Any detention or seizure under subsection (1) shall be maintained for only such time as is necessary in the interests of maritime safety or the health or safety of any person; but, if ships, maritime products, or parts thereof are required for the purpose of evidence in any prosecution under this Act, those ships, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.
The Director shall, if requested by the owner or the person for the time being in charge of a ship detained or a maritime product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.
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.
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.
Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition notified under this section.
Every person who commits an offence against subsection (9) is liable on conviction,—
- in the case of an individual, to imprisonment for a term
not exceeding 12 months or a fine not exceeding
$10,000:
- in the case of a body corporate, to a fine not exceeding
$100,000.
Compare
- 1990 No 98 s 21
Notes
- Section 55(7): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 55(10): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).