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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

235: Powers of investigation of Director

You could also call this:

"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."

The Director can investigate when harmful substances are released into the marine environment in breach of the Maritime Transport Act 1994, the Resource Management Act 1991, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, or when a pollution incident occurs. You might be asked to help with the investigation by giving information or evidence. The Director can also ask you to produce documents or things that are relevant to the investigation.

The Director can make inquiries and ask people to attend an investigation to give evidence. They can also take documents and require people to reproduce information stored electronically. If you are asked to do something as part of an investigation, you have the same rights as someone giving evidence in a court.

A summons to attend an investigation can be served in a similar way to a court summons, as outlined in section 5 of the Commissions of Inquiry Act 1908. If you do not comply with a requirement without a good reason, you can be fined up to $1,000.

For the purposes of an investigation, a document can be anything that stores information, such as a written note, a computer file, or a photograph. The Director can ask you to produce any of these documents to help with the investigation. You can be asked to give evidence and produce documents, and you must do so if the Director asks you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337295.

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

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

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235A: Additional powers of Director, or

"The Director's extra powers to investigate ocean harm and gather clues."

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

235Powers of investigation of Director

  1. The Director may investigate any discharge or escape of a harmful substance in breach of this Act, the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, or any pollution incident.

  2. For the purposes of carrying out an investigation under this section, the Director (or a person authorised for the purpose by the Director) may—

  3. make inquiries from any person who he or she has reason to believe is in possession of information that may lead to discovery of the cause of the discharge or escape or pollution incident:
    1. issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any documents or things in that person’s possession or under that person’s control that are relevant to the subject of the investigation:
      1. take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances:
        1. require a person to reproduce, or to allow the Director (or authorised person) to reproduce, in usable form any information recorded or stored on a document electronically or by other means.

          1. A person who is required by the Director (or an authorised person) to do anything under subsection (2) has the same privileges and immunities as a person giving evidence before a commission of inquiry has under section 6 of the Commissions of Inquiry Act 1908.

          2. A summons under this section may be served in the same manner as a summons served under section 5 of the Commissions of Inquiry Act 1908, and that section 5 applies accordingly with any necessary modifications.

          3. For the purposes of this section, document means a document in any form; and includes—

          4. any writing on or in any material; and
            1. information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and
              1. a record, book, graph, or drawing; and
                1. a photograph, film, negative, tape, disk, or other device in which 1 or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced.

                  1. A person who fails without reasonable cause to comply with a requirement made under subsection (2) commits an offence and is liable on conviction to a fine not exceeding $1,000.

                  Notes
                  • Section 235: substituted, on , by section 25 of the Maritime Transport Amendment Act 1999 (1999 No 68).
                  • Section 235(1): 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 235(1): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                  • Section 235(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).