Maritime Transport Act 1994

Wreck of ships and aircraft - Ships and aircraft in distress

101: Right of passage over adjoining lands

You could also call this:

"Helping people in trouble at sea: you can use nearby land in an emergency"

If a ship or aircraft is in trouble, you can go onto the land next to it to help. You can walk or drive on this land to assist the people on the ship or aircraft, or to save the cargo. You must try not to damage the land and can also put cargo or other things you rescued from the ship or aircraft on the land.

If you damage the land while helping, the owner of the ship or aircraft has to pay for the damage. The owner or person taking care of the land must not stop you from helping or from putting rescued cargo on their land. They must not lock their gates or refuse to open them when you ask, and they must not try to stop you from leaving the cargo on their land for a reasonable time.

You can use the land to help people in trouble, and the owner of the land cannot stop you, as long as you are careful and do not damage their property. The owner of the ship or aircraft is responsible for any damage you cause while trying to help, and this is stated in the Maritime Transport Act 1994 and was amended by the Maritime Transport Amendment Act 1999.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336269.

100A: Responsibility of owner of ship or aircraft in distress, or

"What to do if your ship or plane is in trouble near New Zealand's coast"

102: Receiver to suppress plunder and disorder, or

"Stop theft and disorder on ships and aircraft in trouble"

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

101Right of passage over adjoining lands

Where a ship or aircraft is wrecked, stranded, or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the ship or aircraft, or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the ship or aircraft, unless there is some public road equally convenient, pass and repass, either with or without vehicles or equipment, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the ship or aircraft.
Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the ship or aircraft or cargo or articles in respect of or by which the damage is occasioned.
Every owner or occupier of land commits an offence who—
impedes or hinders any person in the exercise of the rights given by this section, by locking his or her gates, or refusing upon request to open the same, or otherwise; or
impedes or hinders the deposit on the land of any cargo or other article recovered from the ship or aircraft as aforesaid; or
prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit.

Compare

1952 No 49 s 344

Notes

Section 101(2): amended, on 9 June 1999, by section 16 of the Maritime Transport Amendment Act 1999 (1999 No 68).