Maritime Transport Act 1994

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

306: Matters to be complied with in requisitioning

You could also call this:

"Rules for taking control of property to help with a marine oil spill"

When you are using a power to take control of property to help with a marine oil spill response, you must give the owner a written statement. This statement must say what property you are taking control of and who will be in charge of it. You can find more information about this power in section 305(1)(g). If the owner is not around, someone in charge, like a police officer, can take control of the property right away. They must then give the owner a written statement as soon as possible, saying what property has been taken and who is in charge of it.

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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=DLM337690.

305: Powers of on-scene commander, or

"The person in charge of cleaning up a marine oil spill has the power to take control and make decisions to stop the spill."

307: Compensation payable where property requisitioned, or

"Getting paid back if your property is used to help with an oil spill"

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

306Matters to be complied with in requisitioning

Any person exercising any power conferred by section 305(1)(g) shall give to the owner or person in charge of the requisitioned property a written statement specifying the property being requisitioned and the person under whose control the property is to be placed.
Where the owner or person for the time being in control of any property that may be requisitioned under section 305(1)(g) cannot immediately be found, an on-scene commander, constable, or person so authorised by an on-scene commander may assume forthwith the control and direction of the requisitioned property.
Where any person assumes the control and direction of requisitioned property under subsection (2), that person shall ensure that, as soon as is reasonably practicable in all the circumstances, a written statement specifying the property that has been requisitioned and the person under whose control it has been placed is given to the owner or person formerly in charge of the requisitioned property.

Compare

1983 No 46 s 64(2)–(4)

Notes

Section 306(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).