Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

General provisions relating to shipping - Dangerous goods

200C: Opening and testing of packages containing dangerous goods

You could also call this:

"Checking packages that might have dangerous goods on New Zealand ships"

When you are on a New Zealand ship or a ship in a New Zealand port, there are rules about packages that might have dangerous goods inside. You need to know that some people can ask to open and test these packages to see what is inside. This can happen if the package is not marked or packed correctly, and the person thinks it might have dangerous goods inside.

These people who can ask to open and test packages include the ship's owner, the captain, or the person who chartered the ship. They can also be the ship's agent, the person who packed the freight, or someone authorised by the Director or certain government departments.

If someone asks to open and test a package, you should know that the person who sent the package will have to pay for the costs of the tests and any delays that happen because of the tests.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336912.

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Part 14General provisions relating to shipping
Dangerous goods

200COpening and testing of packages containing dangerous goods

  1. This section applies to—

  2. New Zealand ships; and
    1. other ships in a port in New Zealand or in New Zealand waters that load or unload cargo or fuel or embark or disembark passengers.

      1. A person referred to in subsection (3) may require a package or container to be opened and subjected to such tests as may be necessary to identify the contents, if—

      2. the package or container is, or is intended to be, loaded or carried on a ship to which this section applies; and
        1. the person reasonably believes the package or container contains dangerous goods (as defined in rules made under this Act) that are not marked or packed in accordance with the rules.

          1. The persons referred to in subsection (2) are—

          2. the owner, master, or charterer of a ship to which this section applies:
            1. the agent of the owner or charterer:
              1. the consolidator of any freight container or other form of secondary containment intended for shipment on the ship:
                1. a person authorised by the Director or by the chief executive of the Department of Labour or of the New Zealand Customs Service or of the Ministry of Fisheries or of the Ministry of Agriculture and Forestry.

                  1. The shipper of the package or container is liable for the costs of inspections and tests carried out under subsection (2), and of any delay caused by the inspections and tests.

                  Notes
                  • Section 200C: inserted, on , by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).