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:

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

If you are involved in a pollution incident in New Zealand waters, you must give notice. This applies if you are on a ship in New Zealand's internal or marine waters. It also applies if you are involved with marine operations or an offshore installation.

You must give notice to the Director, or in some cases, to the regional council or the Environmental Protection Authority. The person in charge, such as the master of the ship or the owner of an offshore installation, is responsible for giving notice. If someone else has already given notice, you do not have to give notice again.

If a New Zealand ship is involved in a pollution incident outside New Zealand's waters, the master of the ship must report it to the nearest country's authority as soon as possible. You can find more information about the laws related to this by looking at the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013.

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This page was last updated on 25 May 2025

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

227: Duty to report discharge or escape of harmful substances, or

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

229: Notice of prospective arrival of ship carrying oil or noxious liquid substance, or

"Telling authorities when a ship with oil or harmful liquids is coming to a New Zealand port"

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).