Maritime Transport Act 1994

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

254: Instructions under this Part that conflict with other instructions

You could also call this:

"What to do when instructions from different people conflict"

If a harbourmaster gives you instructions under Part 3A that conflict with instructions given by the Director under section 248 or section 249, you must follow the Director's instructions. The Director's instructions are more important than the harbourmaster's instructions. You will know which ones to follow because the Director will tell the harbourmaster if there is a conflict.

If the Director finds out that their instructions conflict with the harbourmaster's instructions, they will tell the harbourmaster to change their instructions. The harbourmaster must then change their instructions so they do not conflict with the Director's instructions. This is so you know which instructions to follow.

The Director cannot give instructions that conflict with what a person can do under Part 5 of the Civil Defence Emergency Management Act 2002, or what the National Recovery Manager can do under the Civil Defence Emergency Management Act 2002, or what a constable can do under section 10 of the International Terrorism (Emergency Powers) Act 1987. This means the Director must make sure their instructions do not interfere with these people's jobs. You can find more information about these acts by looking at the Civil Defence Emergency Management Act 2002 and the International Terrorism (Emergency Powers) Act 1987.

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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=DLM337341.

253: Offences, or

"Breaking Maritime Transport Act rules is against the law"

255: Minister’s power of direction, or

"The Minister can give instructions to protect the marine environment from harm"

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

254Instructions under this Part that conflict with other instructions

If a harbourmaster or any other person gives, under Part 3A or any navigation bylaws, instructions (harbourmaster’s instructions) that conflict with instructions given by the Director under section 248 or section 249 (Director’s instructions), the Director’s instructions prevail.
If the Director becomes aware of any conflict between any Director’s instructions and any harbourmaster’s instructions, the Director shall, as soon as practicable, advise the person who has made the harbourmaster’s instructions of the conflict, and that person shall immediately upon being so advised withdraw those instructions or alter them so as to remove the conflict.
The Director must not issue Director’s instructions that conflict with the exercise of a power by—
a person under Part 5 of the Civil Defence Emergency Management Act 2002; or
the person who is serving as the National Recovery Manager under the Civil Defence Emergency Management Act 2002; or
any constable under section 10 of the International Terrorism (Emergency Powers) Act 1987.

Notes

Section 254(1): substituted, on 9 June 1999, by section 26(1) of the Maritime Transport Amendment Act 1999 (1999 No 68).
Section 254(1): amended, on 23 October 2013, by section 50 of the Maritime Transport Amendment Act 2013 (2013 No 84).
Section 254(2): amended, on 9 June 1999, by section 26(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).
Section 254(3): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
Section 254(3)(b): replaced, at 9.59 pm on 29 November 2016, by section 42 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
Section 254(3)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).