Maritime Transport Act 1994

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

235A: Additional powers of Director

You could also call this:

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

The Director is in charge of investigating when something harmful gets into the ocean. You can think of the Director like a detective who figures out what happened. When the Director is investigating, they have some extra powers to help them get to the bottom of things. The Director can stop people from going to the place where the harm happened if they think it will help them find clues or keep evidence safe.

The Director can also collect samples of oil to help them understand what happened. They can take things that they think will help them figure out the cause of the harm. This means they can seize, detain, remove, preserve, protect, or test anything that might be useful.

The Director gets these powers when they are investigating under section 235.

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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=DLM337298.

235: Powers of investigation of Director, or

"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."

236: Power to require reception facilities, or

"Ships must have somewhere to safely get rid of harmful substances"

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

235AAdditional powers of Director

For the purposes of an investigation under section 235, but without limiting the powers conferred by that section, the Director (or a person authorised for the purpose by the Director) may—
prohibit or restrict access of persons or classes of persons to the site of the discharge, escape, or pollution incident to which the investigation relates, if the Director believes on reasonable grounds that it is necessary to preserve or record evidence, or to prevent the tampering with or alteration, mutilation, or destruction of any thing involved in the discharge, escape, or pollution incident:
collect oil samples:
seize, detain, remove, preserve, protect, or test any thing that the Director believes on reasonable grounds will assist in establishing the cause of the discharge, escape, or pollution incident.

Notes

Section 235A: inserted, on 9 June 1999, by section 25 of the Maritime Transport Amendment Act 1999 (1999 No 68).