Maritime Transport Act 1994

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

255: Minister’s power of direction

You could also call this:

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

The Minister can tell the Director what to do when it comes to protecting the marine environment from hazardous ships, structures, and offshore operations. You need to know that the Minister can only do this if they think it is a good idea, given the circumstances. The Director must follow the Minister's directions.

The Minister cannot give directions that go against certain powers, which are explained in section 254(3). When the Minister gives a direction, it is like giving an instruction, and certain rules apply, like those in sections 250 and 251, which are similar to the rules in section 248.

If the Minister gives a direction, they must show it to the House of Representatives as soon as possible. A direction from the Minister under this section is not the same as a direction to the Authority, which is explained in sections 114 and 115 of the Crown Entities Act 2004.

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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=DLM337347.

254: Instructions under this Part that conflict with other instructions, or

"What to do when instructions from different people conflict"

256: Protection of Director and other persons, or

"People who follow the rules are protected from getting in trouble"

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

255Minister’s power of direction

The Minister may, if he or she considers that having regard to the circumstances it is expedient to do so, give directions to the Director in respect of the performance of any function or duty or the exercise of any power under this Part, and the Director shall comply with such directions.
The Minister shall not give directions under subsection (1) that conflict with the exercise of the powers referred to in section 254(3).
Sections 250 and 251 shall apply in respect of every direction under subsection (1) as if it were an instruction under section 248.
Where any direction has been made by the Minister under subsection (1), the Minister shall, as soon as practicable, lay before the House of Representatives a copy of the direction in written form.
For the avoidance of doubt, a direction under this section is not a direction to the Authority for the purposes of sections 114 and 115 of the Crown Entities Act 2004.

Notes

Section 255(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).