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Maritime Transport Act 1994

Protection of marine environment from harmful substances - Obligations to protect marine environment from harmful substances

227: Duty to report discharge or escape of harmful substances

You could also call this:

"Tell someone in charge if a harmful substance spills into the sea"

If a harmful substance gets into the sea, you must report it. This rule applies if the substance got into the sea because of something that was not allowed under section 226 or 226A, section 15B of the Resource Management Act 1991, or section 20B or 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

You need to tell the right people about the harmful substance. If it happened in international waters, you tell the Director. If it happened in New Zealand waters, you tell the Director and the local council. If it happened in New Zealand's exclusive economic zone, you tell the Director and the Environmental Protection Authority.

The people who must report the harmful substance are the owner and master of the ship, the owner of the offshore installation, the owner of the pipeline, or the person in charge of the marine operation. If one person reports it, the others do not have to. If the harmful substance got into the sea because of something that was not allowed under section 226A, the master of the ship must report it to the nearest country's authorities as soon as possible.

This rule applies even if you can argue that you were not entirely at fault. It applies under the Maritime Transport Act, the Resource Management Act 1991, and the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337286.

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226A: Harmful substances not to be discharged into sea or seabed beyond New Zealand continental waters from New Zealand ships, or

"No dumping harmful substances from NZ ships in international seas."

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228: Notice of pollution incidents, or

"Tell someone in charge if you spill pollution in New Zealand's waters"

Part 19Protection of marine environment from harmful substances
Obligations to protect marine environment from harmful substances

227Duty to report discharge or escape of harmful substances

  1. This section applies to the discharge or escape of a harmful substance into the sea, or onto or into the seabed, in breach of—

  2. section 226 or 226A; or
    1. section 15B of the Resource Management Act 1991; or
      1. section 20B or 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

        1. Notice of the discharge or escape must be given,—

        2. if the discharge or escape occurred beyond New Zealand continental waters, to the Director; or
          1. if the discharge or escape occurred within the internal waters or the territorial sea, to the Director and the regional council within whose region the discharge or escape occurred; or
            1. if the discharge or escape occurred in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority.

              1. Each of the following persons is under a duty to give notice of the discharge or escape of a harmful substance:

              2. if the discharge or escape was from a ship, the owner and the master of the ship:
                1. if the discharge or escape was from an offshore installation, the owner of the installation:
                  1. if the discharge or escape was from a pipeline, the owner of the pipeline:
                    1. if the discharge or escape was a result of a marine operation, the person in charge of and the person carrying on the operation.

                      1. If one person gives notice of the discharge or escape of a harmful substance in accordance with subsection (3), no other person is required to give notice of the discharge or escape.

                      2. If the discharge or escape of a harmful substance breaches section 226A, the master of the ship must, as soon as practicable, report the discharge or escape to the appropriate authority of the nearest State.

                      3. This section applies whether or not a defence may be available under this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

                      Notes
                      • Section 227: replaced, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                      • Section 227(1)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 227(6): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).