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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

234: Precautionary measures in the event of transfer of oil or noxious liquid substance

You could also call this:

"Stopping oil and harmful liquid spills in New Zealand's waters"

The Director can take action if a ship is transferring oil or a noxious liquid substance in New Zealand's internal waters or territorial sea. You can be required to take measures to stop any spills or make them harmless if you own or are in charge of the ship. The Director must have good reasons to believe these measures are necessary.

If the Director tells you to do something, you can appeal to the District Court under section 424 if you do not agree. You can find more information about appealing in section 424 by following the link to section 424. The Director's requirements are in place to protect the marine environment from harm.

You should follow the Director's instructions to prevent harm to the environment. The law is in place to keep New Zealand's waters safe.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337294.

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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"

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"The Director's job is to investigate when someone harms the ocean and can ask for your help and information to find out what happened."

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

234Precautionary measures in the event of transfer of oil or noxious liquid substance

  1. The Director may from time to time, in respect of a ship from which or to which any oil or noxious liquid substance is being or will be transferred in the internal waters or the territorial sea of New Zealand, take, or require the owner or master of that ship to take, any measures that the Director believes on reasonable grounds will remove, contain, or render harmless, any oil or noxious liquid substance that may be spilt as a result of that transfer.

  2. An owner of a ship whom the Director requires to do anything under this section may appeal against that requirement to the District Court under section 424.

Notes
  • Section 234(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).