Maritime Transport Act 1994

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

310: Minister’s power of direction

You could also call this:

"The Minister can tell people what to do in a marine oil spill emergency"

Illustration for Maritime Transport Act 1994

The Minister can give directions to certain people or groups, like the Authority or a regional council, about how to respond to a marine oil spill. You need to know that the Minister can do this if they think it is a good idea, considering all the circumstances. The person or group given the direction must follow it. When the Minister gives a direction, they must also give a copy of it to the House of Representatives as soon as possible. The Minister does not have to follow certain rules, like those in section 115 of the Crown Entities Act 2004, when giving a direction to the Authority. The Minister has this power to help with marine oil spill responses, and they can use it to make sure things are done correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337694.

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

310Minister’s power of direction

  1. The Minister may, if he or she considers that having regard to all the circumstances it is expedient to do so, give any directions to the Authority, a regional council, or an on-scene commander in respect of the performance of any functions or duties or the exercise of any powers under this Part, and that person shall comply with those directions.

  2. 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.

  3. The Minister is not required to comply with section 115 of the Crown Entities Act 2004 in relation to a direction to the Authority under this section.

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Notes
  • Section 310(3): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).