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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 Harmful Problems in the Sea"

Illustration for Maritime Transport Act 1994

The Director can act if they think a ship, offshore installation, or pipeline is causing harm to the marine environment. You might be required to fix the problem if the Director believes your ship, offshore installation, or pipeline is responsible for a discharge of a harmful substance into the sea. This is in breach of the Maritime Transport Act 1994, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. If the Director tells you to fix the problem, you must take all necessary steps to rectify the conditions. The Director can require you to do this if they think the conditions on your ship, offshore installation, or pipeline pose an unreasonable threat of harm to the marine environment. You can appeal to the District Court under section 424 if you do not agree with the Director's requirement. You have the right to appeal if you think the Director's requirement is unfair. The Director's power to require you to fix the problem is an important part of protecting the marine environment. You can find more information about the laws that apply to the marine environment in the relevant Acts.

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

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).