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Maritime Transport Act 1994

Protection of marine environment from hazardous ships, structures, and offshore operations

248: Powers of Director in relation to hazardous ships

You could also call this:

"What the Director can do about ships that might harm the environment"

Illustration for Maritime Transport Act 1994

The Director can give instructions to the master, owner, or agent of a ship that is thought to be hazardous. You can be told what to do with the ship or its cargo. The Director can also take control of the ship. The Director can move the ship to another place, remove cargo, or salvage the ship. You can be asked to take measures to clean up a harmful substance. The Director will try to tell the master, owner, or agent of the ship what they plan to do. The Director can ask the master of a New Zealand ship to help a hazardous ship. You can be asked to sail to a certain place or take on board equipment to help. The Director has to try to talk to the owner or agent of the ship before giving instructions. A ship does not include things like offshore drilling units. The Director has certain powers to protect the marine environment from hazardous ships, as outlined in the Maritime Transport Amendment Act 2013.

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Part 20Protection of marine environment from hazardous ships, structures, and offshore operations

248Powers of Director in relation to hazardous ships

  1. In the case of a ship that, in the opinion of the Director, is a hazardous ship, the Director may from time to time—

  2. issue any instructions to the master, owner, or agent of the ship, or to any person in charge of any salvage operation in respect of the ship and an employee or agent of that person, with respect to the ship, or its cargo, or both:
    1. take any measures with respect to the ship, or its cargo, or both, including taking over control of the ship.

      1. Without limiting subsection (1), that subsection authorises the Director to take, or to require any person referred to in paragraph (a) of that subsection to take, all or any of the following measures:

      2. the removal of the ship to another place:
        1. the removal of cargo from the ship:
          1. the salvage of the ship, or its cargo, or both:
            1. the sinking or destruction of the ship, or its cargo, or both.

              1. The Director shall use reasonable endeavours to notify the master, owner, or agent of the ship of any measures the Director proposes to take under subsection (1) or subsection (2) with respect to the ship, or its cargo, but the Director shall not be obliged to give such notification where, in his or her opinion, the urgency of the situation is such that the measures must be taken immediately.

              2. In order to carry out, or assist in carrying out, any measures taken under this section, after making reasonable endeavours to consult the owner, or the agent, of the ship to whose master the instructions are to be given, the Director may from time to time—

              3. instruct the master of any New Zealand ship, or of any other ship within the internal waters of New Zealand or New Zealand continental waters, to render assistance to a ship that, in the opinion of the Director, is a hazardous ship; and
                1. instruct the master of any New Zealand ship to do all or any of the following:
                  1. take on board any item or equipment:
                    1. sail to any place:
                      1. render assistance to a ship assisting a ship that, in the opinion of the Director, is a hazardous ship:
                        1. assist in operations for the cleaning up and control of a harmful substance.

                        2. For the purposes of this section, ship excludes any installation, device, or offshore drilling unit engaged in the exploration and exploitation of the resources of the seabed and ocean floor and subsoil of the ocean floor.

                        Notes
                        • Section 248(5): inserted, on , by section 48 of the Maritime Transport Amendment Act 2013 (2013 No 84).