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Maritime Transport Act 1994

Powers and duties of Director of Maritime New Zealand in relation to maritime activity - Powers and provisions relating to pilots

60A: Master to ensure rules relating to pilotage are complied with

You could also call this:

"Ship captains must follow rules about having a pilot on board to keep everyone safe"

The master of a ship must make sure a pilot is on board when maritime rules say they are needed. You have to follow these rules to keep everyone safe. If the Director thinks it is necessary for navigation safety or to protect the environment, they can tell a ship to have a pilot on board, even if the maritime rules do not say so.

The Director will usually give this instruction in writing to the ship's owner or master. Once the Director gives this instruction, the ship cannot leave or enter a New Zealand port without a pilot if that would go against the instruction or the maritime rules.

You can find more information about changes to this rule in the Maritime Transport Amendment Act 1999.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335744.

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60B: Limitation of liability where pilot engaged, or

"Pilot's mistakes are not your fault if you provided the pilot for a ship"

Part 5Powers and duties of Director of Maritime New Zealand in relation to maritime activity
Powers and provisions relating to pilots

60AMaster to ensure rules relating to pilotage are complied with

  1. The master of a ship must ensure that a pilot is taken on board the ship in accordance with and whenever required by maritime rules.

  2. Despite anything in maritime rules, the Director may direct that a pilot be taken on board a ship in New Zealand waters if the Director is satisfied that, in the circumstances (such as the weather conditions, damage to the ship, or incapacity of the master), the interests of navigation safety or marine environmental protection require that a pilot be taken on board.

  3. A direction under subsection (2) must, whenever practicable, be in writing and must be given to the owner or master of the ship to which it applies.

  4. Once a direction is given under subsection (2), the ship may not proceed from or enter a port in New Zealand without a pilot on board if to do so is contrary to that direction or to a provision of the maritime rules.

Notes
  • Section 60A: inserted, on , by section 8 of the Maritime Transport Amendment Act 1999 (1999 No 68).