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

The Director is in charge of investigating accidents, incidents, or mishaps. You can think of the Director like a detective who tries to figure out what happened. The Director can ask people questions if they think those people know something about what happened. The Director can also ask people to come and give evidence, which means they have to tell what they know, and bring any documents or things that might be relevant.

The Director can take documents away for a little while if they need to, and they can also ask people to make copies of information that is stored on computers or other devices. If the Director asks you to do something, you have to do it, unless you have a good reason not to.

If you don't do what the Director asks, you might get a fine, which is like a penalty for not following the rules. The Director has the power to do these things so they can find out what happened and make sure it doesn't happen again. A document can be lots of things, like a piece of paper with writing on it, a computer file, or a photograph.

You have the same rights as someone giving evidence in a special kind of investigation, which is explained in section 6 of the Commissions of Inquiry Act 1908. The Director can serve a summons, which is like an official notice, in the same way as section 5 of the Commissions of Inquiry Act 1908.

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

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


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59: Additional powers of investigation, or

"The Director has extra powers to help investigate accidents and keep evidence safe."

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).