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 boat accidents to keep people safe"

Illustration for Maritime Transport Act 1994

The Director can investigate accidents, incidents, or mishaps that must be reported to the Authority under section 31. When the Director is in charge of an investigation, they are in charge of it. The Director lets foreign countries join an investigation if they have an interest in it. If the Director is investigating an accident, you cannot join the investigation or do your own investigation without the Director's permission. The Director must give you a written reason if they say no. If the Director and other groups are investigating the same accident, they work together to make sure their investigations do not clash. The Director's investigation is also subject to section 14 of the Transport Accident Investigation Commission Act 1990. You can also be affected by the Health and Safety at Work Act 2015 if you are involved in an investigation. The Director makes sure investigations are co-ordinated with other groups like the Transport Accident Investigation Commission and the New Zealand Defence Force.

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

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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).