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Maritime Transport Act 1994

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

58: Powers of investigation of Director

You could also call this:

"The Director's Power to Investigate Accidents at Sea"

Illustration for Maritime Transport Act 1994

When you are investigating an accident, incident, or mishap under section 57, the Director can make inquiries to people who may have information. The Director can also issue a summons to make you attend and give evidence, and to produce documents or things that are relevant to the investigation. You can be asked to reproduce information recorded or stored on a document electronically. If you are required to do something by the Director, you have the same privileges and immunities as a person giving evidence before a commission of inquiry under section 6 of the Commissions of Inquiry Act 1908. A summons can be served in the same manner as a summons under section 5 of the Commissions of Inquiry Act 1908. For this section, a document means anything that has information, including writing, recordings, and photographs. If you fail to comply with a requirement without a reasonable cause, you can commit an offence and be liable to a fine of up to $1,000. You must comply with the Director's requirements when investigating an accident, incident, or mishap. The Director has the power to investigate and gather information to find out what happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335738.

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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

58Powers of investigation of Director

  1. For the purposes of investigating under section 57 an accident, incident, or mishap, the Director (or a person authorised for the purpose by the Director), may—

  2. make inquiries from any person who he or she has reason to believe is in possession of information that may lead to discovery of the cause of the accident, incident, or mishap:
    1. issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any documents or things in that person’s possession or under that person’s control that are relevant to the subject of the investigation:
      1. take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances:
        1. require a person to reproduce, or to allow the Director (or authorised person) to reproduce, in usable form any information recorded or stored on a document electronically or by other means.

          1. A person who is required by the Director (or an authorised person) to do anything under subsection (1) has the same privileges and immunities as a person giving evidence before a commission of inquiry has under section 6 of the Commissions of Inquiry Act 1908.

          2. A summons under this section may be served in the same manner as a summons served under section 5 of the Commissions of Inquiry Act 1908, and that section 5 applies accordingly with any necessary modifications.

          3. For the purposes of this section, document means a document in any form; and includes—

          4. any writing on or in any material; and
            1. information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and
              1. a record, book, graph, or drawing; and
                1. a photograph, film, negative, tape, disk, or other device in which 1 or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced.

                  1. A person who fails without reasonable cause to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.

                  Notes
                  • Section 58: substituted, on , by section 7 of the Maritime Transport Amendment Act 1999 (1999 No 68).
                  • Section 58(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).