Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

General provisions relating to shipping - Coastal shipping

198: Coastal shipping

You could also call this:

"Rules for ships carrying cargo along the New Zealand coast"

When you are talking about ships carrying cargo along the New Zealand coast, there are rules to follow. You can't carry coastal cargo unless you are on a New Zealand ship or a foreign ship that meets certain conditions. The conditions include being on a demise charter to a New Zealand-based operator or passing through New Zealand waters on a continuous journey from a foreign port to another foreign port.

If you are on a foreign ship passing through New Zealand, you can only load and unload coastal cargo at a New Zealand port where you are also loading or unloading international cargo. You can also do this at a New Zealand port that you are scheduled to pass on your journey. The Minister can give special permission for other ships to carry coastal cargo if there are no other ships available, and they can set conditions for this permission.

If you break these rules, you can get in trouble and have to pay a fine. The fine can be up to $10,000 for an individual or up to $100,000 for a company. The rules about coastal cargo are defined in the legislation, and you can find more information about what goods mean by looking at section 246 of the Contract and Commercial Law Act 2017.

The legislation also defines other important terms like coastal cargo, continuous journey, foreign port, international cargo, and New Zealand port. These definitions help you understand the rules and what you are allowed to do. You should know that these rules are part of the Maritime Transport Act 1994, and they are in place to regulate coastal shipping in New Zealand.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM336787.

Previous

197A: Regulations may impose ballast water management levy, or

"Ships coming to New Zealand may have to pay a fee for releasing ballast water."

Next

199: Search and rescue operations, or

"Helping people in trouble at sea or in the air"

Part 14General provisions relating to shipping
Coastal shipping

198Coastal shipping

  1. No ship shall carry coastal cargo, unless the ship is—

  2. a New Zealand ship; or
    1. a foreign ship on demise charter to a New Zealand-based operator who employs or engages a crew to work on board the ship under an employment agreement or contract for services governed by New Zealand law; or
      1. a foreign ship—
        1. that is passing through New Zealand waters while on a continuous journey from a foreign port to another foreign port, and is stopping in New Zealand to load or unload international cargo; and
          1. whose carriage of coastal cargo is incidental in relation to the carriage of the international cargo.

            1. A ship referred to in subsection (1)(c) may only load and unload coastal cargo—

            2. at a New Zealand port at which it loads or unloads international cargo; or
              1. at a New Zealand port that it is scheduled to pass in the course of its continuous journey.

                1. If, in any case, the Minister is satisfied that there are no ships of any of the kinds specified in subsection (1) available to carry any coastal cargo, the Minister may authorise the carrying of coastal cargo in that case by any other ship on such conditions as the Minister considers appropriate (including any conditions relating to occupational safety and health); and every authorisation granted under this subsection shall, subject to subsection (5), have effect according to its tenor.

                2. Every person commits an offence who—

                3. carries coastal cargo in contravention of this section; or
                  1. contravenes or fails to comply with any condition imposed under subsection (2).

                    1. Every person who commits an offence against subsection (3) is liable on conviction,—

                    2. in the case of an individual, to a fine not exceeding $10,000:
                      1. in the case of a body corporate, to a fine not exceeding $100,000.

                        1. Nothing in this section shall limit any other provision of this Act or any other Act, or any regulations or maritime rules made under this Act.

                        2. In this section,—

                          coastal cargo, in relation to any ship, means—

                          1. passengers who initially board the ship at a New Zealand port for carriage to and final disembarking from that ship at another New Zealand port; or
                            1. goods initially loaded on the ship at a New Zealand port for carriage to and final unloading at another New Zealand port

                              continuous, in relation to a journey, means proceeding directly and expeditiously

                                foreign port means a port in a country other than New Zealand

                                  goods has the same meaning as in section 246 of the Contract and Commercial Law Act 2017

                                    international cargo, in relation to any ship, means—

                                    1. passengers who initially board the ship at—
                                      1. a foreign port for carriage to and disembarking at a New Zealand port; or
                                        1. a New Zealand port for carriage to and disembarking at a foreign port; and
                                        2. goods initially loaded on the ship at—
                                          1. a foreign port for carriage to and unloading at a New Zealand port; or
                                            1. a New Zealand port for carriage to and unloading at a foreign port; and
                                            2. excludes coastal cargo

                                              New Zealand port means a port in New Zealand.

                                              Notes
                                              • Section 198(1): substituted, on , by section 9(1) of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).
                                              • Section 198(1)(c): replaced, on , by section 37(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                              • Section 198(1)(d): repealed, on , by section 37(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                              • Section 198(1A): inserted, on , by section 37(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                              • Section 198(2): amended, on , by section 37(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                              • Section 198(2): amended, on , by section 35(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
                                              • Section 198(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                              • Section 198(6) coastal cargo: replaced, on , by section 37(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                              • Section 198(6) continuous: inserted, on , by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                              • Section 198(6) goods: amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                                              • Section 198(6) international cargo: inserted, on , by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                              • Section 198(6) New Zealand port: inserted, on , by section 37(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).