Maritime Transport Act 1994

Plans and responses to protect marine environment from marine oil spills - Marine oil spill responses

299: Duty to notify if unable to contain and clean up marine oil spills

You could also call this:

"Tell authorities quickly if you can't stop or clean up an oil spill from your ship or site"

If you are in charge of a ship and it spills oil into New Zealand's internal or marine waters, you must tell the Director or your local regional council right away if you cannot stop the spill or clean it up with the resources you have. You need to do this quickly if you think you cannot contain and clean up the oil spill. The Director or regional council will help you deal with the situation.

If you are in charge of an offshore installation or an oil transfer site and it spills oil, you must also tell the regional council or the Director if you cannot stop or clean up the spill. You have to notify them quickly so they can assist you.

You still have to follow other rules and tell the Director or others about the oil spill, even if you have already told them you cannot contain or clean it up.

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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=DLM337683.

298: Consultation in respect of and matters to be included in national plan, or

"Who to talk to and what to include when making a national marine oil spill plan"

300: Function of regional on-scene commanders after notification, or

"What regional on-scene commanders do when they find out about a marine oil spill"

Part 23Plans and responses to protect marine environment from marine oil spills
Marine oil spill responses

299Duty to notify if unable to contain and clean up marine oil spills

If, in the event of an oil spill into the internal waters of New Zealand or New Zealand marine waters from a ship, the master of that ship considers that the oil spill cannot be contained and cleaned up using the resources available to that person for that purpose, he or she shall forthwith notify the Director or, where the spill has occurred within the territorial sea, the Director or the regional council within whose region the spill is located, of his or her inability to contain and clean up the oil spill.
If, in the event of an oil spill into the internal waters of New Zealand or New Zealand marine waters from an offshore installation or an oil transfer site in respect of which there is required to be a site marine oil spill contingency plan under the marine protection rules, the person responsible for implementing the marine oil spill contingency plan in respect of that installation or site considers that the oil spill cannot be contained and cleaned up by the resources available to that person for that purpose, he or she shall forthwith notify—
the regional council within whose region the oil spill is located; or
the Director, if the spill is not located within the region of a regional council.

Nothing in this section shall derogate from any other duty under this Act, or any other enactment, or any marine protection rules, to give notice to the Director or any other person of an oil spill into New Zealand marine waters.