Maritime Transport Act 1994

Powers and duties of Director of Maritime New Zealand in relation to maritime activity - Investigation of accidents, incidents, and mishaps

57: Investigation of accidents, incidents, and mishaps by Director

You could also call this:

"The Director looks into maritime accidents to find out what happened."

If you are involved in a maritime accident, incident, or mishap, the Director may investigate what happened. When the Director is in charge of an investigation, they are the person in charge. The Director will let other countries participate in the investigation if they have an interest in it. You cannot participate in an investigation or do your own investigation at the site without the Director's consent, unless you are the New Zealand Police. If the Director says no to your request, they must give you a written reason why. If the Director and other groups, like the Transport Accident Investigation Commission or the New Zealand Defence Force, are investigating the same accident, they will work together to make sure their investigations are co-ordinated, and this is also subject to what is said in section 14 of the Transport Accident Investigation Commission Act 1990 and the Health and Safety at Work Act 2015. The Director's investigation may also involve other people, such as those from the regulator or inspectors, under the Health and Safety at Work Act 2015.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335737.

56: Costs of detention, etc, or

"Paying costs when a ship or maritime product is detained or seized"

58: Powers of investigation of Director, or

"The Director's job is to investigate accidents and can ask for information and evidence to figure out what happened."

Part 5Powers and duties of Director of Maritime New Zealand in relation to maritime activity
Investigation of accidents, incidents, and mishaps

57Investigation of accidents, incidents, and mishaps by Director

Where an accident, incident, or mishap occurs that is required to be notified to the Authority under section 31, the Director may investigate the accident, incident, or mishap.
When an accident, incident, or mishap is under investigation by the Director, the Director shall be in charge of that investigation.
The Director shall permit the participation or representation of foreign States in any investigation in which they have an interest.
Except with the consent of the Director, which consent shall not be unreasonably withheld, no person (other than the New Zealand Police) shall—
participate in any investigation if the Director is in charge of the investigation; or
undertake any independent investigation at the site of any accident, incident, or mishap that the Director is in charge of investigating; or
examine or cause to be examined any material removed from the site of any accident, incident, or mishap that the Director is in charge of investigating.

Where the Director refuses consent under subsection (4), he or she shall give the applicant a statement in writing of the reasons for his or her refusal.
Where an accident, incident, or mishap is being investigated by—
the Director; and
any 1 or more of the following, namely,—
1. the Transport Accident Investigation Commission:
2. the New Zealand Defence Force:
3. a visiting force:
4. the regulator, an inspector, or any other person under the Health and Safety at Work Act 2015,—

This section is subject to section 14 of the Transport Accident Investigation Commission Act 1990.

Compare

1990 No 99 s 14

Notes

Section 57(6)(b)(iv): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).