Maritime Transport Act 1994

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

228: Notice of pollution incidents

You could also call this:

"Report pollution incidents to the authorities"

Illustration for Maritime Transport Act 1994

You must tell someone if there is a pollution incident. This applies to ships in New Zealand waters or involved in marine operations. You have to tell the Director or other authorities, depending on where the incident happens. You are responsible for telling someone about the pollution incident if you are in charge of a ship, offshore installation, pipeline, or marine operations. If someone else has already told the authorities, you do not have to tell them again. If a New Zealand ship has a pollution incident outside New Zealand waters, the master of the ship must tell the nearest country's authorities as soon as possible. The Director and other authorities, such as regional councils or the Environmental Protection Authority, need to be told about pollution incidents in different areas. You can find more information about this on the https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5644910 website.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337287.

This page was last updated on 4 January 2026 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Climate and energyTransport and travel > Boating

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

228Notice of pollution incidents

This section applies to a pollution incident involving—
a ship in the internal waters of New Zealand or New Zealand marine waters; or
a ship involved with marine operations or an offshore installation or pipeline within New Zealand continental waters; or
any marine operations within New Zealand continental waters.

Notice of the pollution incident must be given—
to the Director; or
if the incident occurs in the internal waters or the territorial sea, to the Director and the regional council in whose region the incident occurs; or
if the incident occurs in the exclusive economic zone or in relation to the continental shelf, to the Director and the Environmental Protection Authority.

Each of the following persons shall be under a duty to give notice of the occurrence of a pollution incident in accordance with subsection (1):
if a ship is involved, the master of the ship:
if an offshore installation is involved, the owner of the offshore installation:
if a pipeline is involved, the owner of the pipeline:
if marine operations are involved, the person in charge of and the person carrying out those operations.

The giving of notice of a pollution incident in accordance with subsection (1) by one person shall be sufficient to discharge every other person from a duty to give such notice in respect of that pollution incident.
Where any pollution incident involving a New Zealand ship occurs beyond the outer limits of the exclusive economic zone of New Zealand, the master of the ship shall, as soon as is practicable, report the incident to the appropriate authority of the nearest State.

Compare

1974 No 14 s 16A
1990 No 34 s 3

Notes

Section 228(1): replaced, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
Section 228(1A): inserted, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).