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Maritime Transport Act 1994

Wreck of ships and aircraft - Ships and aircraft in distress

100: Powers and duties of Director where ship or aircraft in distress

You could also call this:

"Helping Ships or Aircraft in Distress: The Director's Role"

Illustration for Maritime Transport Act 1994

If a ship or aircraft is in distress near New Zealand, the Director can give directions to save the ship, aircraft, or people on board. The Director can ask for help from others to preserve lives, the ship or aircraft, and its cargo or equipment. You must follow the Director's lawful directions. If you are near a ship or aircraft in distress, the Director can ask you to help. The Director can also ask a ship's master to give aid with their crew or ship. You can be asked to lend a vehicle to help. If you disobey the Director's directions or refuse to help without a good reason, you can commit an offence. The Director's powers do not override those of a harbourmaster, on-scene commander, or other authorised persons, such as a constable under section 10 of the International Terrorism (Emergency Powers) Act 1987, or a person under the Transport Accident Investigation Commission Act 1990. The Director can recover costs from the owner of the ship, aircraft, cargo, or equipment for their intervention, except for costs related to saving lives. The Director's role is to help people in distress and keep them safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336258.

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Topics:
Transport and travel > BoatingTransport and travel > Air travelEmergency management > Emergency response

Part 9Wreck of ships and aircraft
Ships and aircraft in distress

100Powers and duties of Director where ship or aircraft in distress

  1. If any ship or aircraft is wrecked, stranded, or in distress at any place on or over or near the coasts of New Zealand or any tidal waters within the limits of New Zealand or any river or lake or other inland water, the Director may give such directions as he or she thinks fit for the preservation of all or any of the following:

  2. the ship or aircraft:
    1. the lives of the passengers and crew (who are in this Part referred to as the shipwrecked persons):
      1. the equipment and cargo of the ship or aircraft.

        1. Repealed

        2. The Director may, with a view to the preservation of the lives of the shipwrecked persons or of the ship or aircraft or of its cargo or equipment,—

        3. require such persons as the Director thinks necessary to assist him or her:
          1. require the master or other person having the charge of any ship near at hand to give such aid with his or her crew or ship as may be within the master’s power:
            1. demand the use of any vehicle that may be near at hand.

              1. Every person commits an offence who—

              2. wilfully disobeys the lawful direction of the Director; or
                1. refuses without reasonable cause to comply with any lawful requisition or demand made by the Director under this section.

                  1. No power conferred by this section shall be exercised so as to conflict with the exercise of a power, or any lawful directions given, by—

                  2. a harbourmaster (as defined in section 222(1)); or
                    1. an on-scene commander (as defined in section 281); or
                      1. a person under Part 5 of the Civil Defence Emergency Management Act 2002; or
                        1. the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002; or
                            1. any constable under section 10 of the International Terrorism (Emergency Powers) Act 1987; or
                              1. a person under the Transport Accident Investigation Commission Act 1990; or
                                1. the Minister under section 255.

                                    1. The Director may recover as a debt due from the owner of the ship or aircraft, or of the cargo or equipment, the costs of his or her intervention under this section in respect of that ship, aircraft, cargo, or equipment, other than costs in respect of the preservation of life.

                                    Compare
                                    • 1952 No 49 s 343
                                    • 1963 No 129 s 23
                                    Notes
                                    • Section 100 heading: substituted, on , by section 14 of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                    • Section 100(1): substituted, on , by section 14(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                    • Section 100(2): repealed, on , by section 14(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                    • Section 100(3): amended, on , by section 14(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                    • Section 100(3)(a): amended, on , by section 14(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                    • Section 100(4)(a): amended, on , by section 32 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                    • Section 100(4)(b): amended, on , by section 32 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                    • Section 100(5)(c): substituted, on , by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
                                    • Section 100(5)(d): replaced, at 9.59 pm on , by section 42 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
                                    • Section 100(5)(e): repealed, on , by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
                                    • Section 100(5)(f): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                    • Section 100(5)(h): substituted, on , by section 14(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                    • Section 100(5)(i): repealed, on , by section 14(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).
                                    • Section 100(6): added, on , by section 14(4) of the Maritime Transport Amendment Act 1999 (1999 No 68).