Maritime Transport Act 1994

Plans and responses to protect marine environment from marine oil spills - Miscellaneous provisions relating to responses to marine oil spills

328: Contracts

You could also call this:

"Agreements made by councils to respond to marine oil spills"

When a marine oil spill happens, you need to know who can make decisions. The chairperson, deputy chairperson, or other important people at a regional council can make contracts on behalf of the council. They can do this when a marine oil spill response is needed, and it is for the purposes of responding to the spill.

You should know that these people can make contracts even if other laws, like the Public Bodies Contracts Act 1959 or the Local Government Act 2002, say something different.

If someone makes a contract, they must tell the regional council about it at the next meeting, or the meeting after that if it's not possible.

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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=DLM337818.

327: Protection from liability, or

"You're protected from being sued if you help with a marine oil spill and act in good faith."

329: Interpretation, or

"What special words mean in the Maritime Transport Act"

Part 23Plans and responses to protect marine environment from marine oil spills
Miscellaneous provisions relating to responses to marine oil spills

328Contracts

Notwithstanding anything in the Public Bodies Contracts Act 1959, the Local Government Act 2002, or any other enactment, the chairperson, deputy chairperson, chief executive, treasurer, engineer, or any other employee of a regional council specified in the regional marine oil spill contingency plan, or any regional on-scene commander, may from time to time, when a marine oil spill response is determined to be needed, enter into any contract on behalf of the regional council for any of the purposes of this Part.
Any person who exercises the power conferred by this section shall report the full circumstances of its exercise to the regional council at its next ordinary meeting, or where that is not practicable, at its next succeeding ordinary meeting.

Compare

1983 No 46 s 68(1), (3)

Notes

Section 328(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).