Maritime Transport Act 1994

Protection of marine environment from harmful substances - Powers of Director in relation to protection of marine environment from harmful substances

233: Rectification of hazardous conditions

You could also call this:

"Fixing things that harm the sea and seabed"

The Director can take action if they think a ship, offshore installation, or pipeline is causing harm to the marine environment. You might be breaking the law if you are releasing harmful substances into the sea or seabed, which goes against the Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. The Director can also act if they think there is a big threat of harm to the marine environment. The Director can tell the owner of the ship, offshore installation, or pipeline to fix the problem. If the Director tells you to do something, you can appeal to the District Court under section 424.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337293.


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232: Director may require provision of financial security, or

"The Director can ask ship owners to get insurance to pay for damage if they break the law and harm the sea."


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233A: Power to prohibit transfer of oil or noxious liquid substance, or

"Stopping ships from moving harmful oil or liquids to protect New Zealand's oceans"

Part 19Protection of marine environment from harmful substances
Powers of Director in relation to protection of marine environment from harmful substances

233Rectification of hazardous conditions

  1. This section applies if the Director believes on reasonable grounds that the conditions on a ship, offshore installation, or pipeline—

  2. have been or are likely to be responsible for a discharge or escape of a harmful substance into the sea or onto or into the seabed in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; or
    1. pose an unreasonable threat of harm to the marine environment.
      1. The Director may require the owner of the ship, offshore installation, or pipeline to take all necessary steps to rectify the conditions.

      2. Any owner of any ship, offshore installation, or pipeline whom the Director requires to do anything under this section may appeal against that requirement to the District Court under section 424.

      Notes
      • Section 233(1): replaced, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
      • Section 233(1)(a): 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 233(1A): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
      • Section 233(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).