200COpening and testing of packages containing dangerous goods

1. This section applies to—

2. New Zealand ships; and
3. 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.

4. 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—

5. the package or container is, or is intended to be, loaded or carried on a ship to which this section applies; and
6. 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.

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

8. the owner, master, or charterer of a ship to which this section applies:
9. the agent of the owner or charterer:
10. the consolidator of any freight container or other form of secondary containment intended for shipment on the ship:
11. 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.

12. 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.