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Maritime Transport Act 1994
Civil liability for pollution of marine environment
Liability for pollution from marine structures and operations
358: Defences in respect of liability for pollution damage from marine structures and operations

Part 1:
Preliminary provisions

2Interpretation 2ATransitional, savings, and related provisions 3Act to bind the Crown 4Application of this Act 4AApplication of Parts 3 and 5 5Objectives of Minister 5AFunctions of Minister

Part 2:
Duties relating to health and safety on ships

Part 3:
Duties in relation to maritime activity

General duties

17General requirements for participants in maritime system 18General requirements for persons other than participants 19Duties of master 20Duty to report dismissals 21Pleasure craft departing for overseas

Duties in relation to crewing

22Employer’s duties in relation to seafarers of New Zealand ships on overseas voyages 23Employer’s duties in relation to seafarers on New Zealand ships 24Inspection of provisions 25Body and effects of deceased seafarer 26Provisions relating to crewing of New Zealand ships and young persons 27Prohibition on receiving remuneration for placing seafarers in employment

Liens on ships by crew and masters

28Members of crew not to contract out of rights 29Master to have same rights as members of crew

Duties in relation to accidents, incidents, etc

30Recording and notification of accidents, incidents, and mishaps 31Obligation to notify all accidents, incidents, etc 32Duty to assist persons in danger and to respond to distress calls 33Reporting of dangers to navigation

Part 3A:
Local regulation of maritime activity

33AApplication of this Part 33BInterpretation 33CFunctions of regional councils

Harbourmasters

33DRegional councils to appoint harbourmasters 33EFunctions of harbourmasters 33FHarbourmasters' general powers

Enforcement

33GEnforcement officers, Police, and authorised regional council officials 33HPowers of entry

Councils may carry out harbour works

33ICouncils may carry out harbour works

Wrecks

33JRemoval of wrecks by regional council 33KRemoval of wrecks by Director 33LRemoval of abandoned ships

Navigation bylaws

33MNavigation bylaws 33NOffences relating to navigation bylaws 33OInfringement offences relating to navigation bylaws 33PInfringement notices 33QEntitlement to infringement fees

Fees and charges

33RFees and charges

Port operations

33SResponsibilities of port operators for maritime safety 33TInspections and audits of port operations 33UProhibition or conditions on use or operation of port facilities 33VDangerous activity at commercial port

Miscellaneous

33WCrown harbours and facilities 33XDelegation or transfer of council's responsibilities

Part 4:
Further regulation of maritime activity

Maritime rules

34Maritime rules relating to maritime documents 35Application for maritime document 36Maritime rules relating to other matters 36APower of Governor-General to make maritime rules 37Power of Director to make emergency maritime rules 38Contravention of emergency maritime rule

Requirements in relation to maritime rules

39Matters to be taken into account in making maritime rules 40Further provisions relating to rules

Granting of exemptions from maritime rules

40AADirector may grant exemptions from maritime rules 40ABGeneral provisions relating to exemptions 40ACAppeal against decision on exemption under section 40AA(1)(a)

Part 4A:
Regulation of alcohol consumption by seafarers

40AInterpretation 40BSeafarers not to exceed specified alcohol limits 40CContravention of specified breath or blood-alcohol limit 40DFailure or refusal to remain at specified place or to accompany enforcement officer 40EFailure or refusal to permit blood specimen to be taken 40FDefences 40GBlood test fee 40HWho must undergo breath screening test 40IWho must undergo evidential breath test 40JSeafarer may be required to undergo further evidential breath test if initial test fails to produce result 40KRight to elect blood test 40LWho must give blood specimen at places other than hospital or surgery 40MWho must give blood specimen in hospital or medical centre 40NProcedure for dealing with blood specimens 40OCertificates in proceedings 40PCertificates of compliance for evidential breath-testing devices 40QPresumptions relating to blood specimens 40RPresumptions relating to alcohol-testing 40SCircumstances in which certificate not admissible in proceedings 40TPower to stop and board ships 40UArrest of seafarers for alcohol-related offences 40VEnforcement officer may prevent seafarers from returning to duty 40WEvidential status of certain muster lists, or other official records, from ships

Part 4B:
Drug and alcohol testing by Director

40XHealth and Safety at Work Act 2015 not limited by this Part 40YInterpretation 40ZDirector testing 40ZAWorker may request second Director test 40ZBWhat happens if worker refuses consent or test result is not negative 40ZCUse of test results in criminal proceedings

Part 5:
Powers and duties of Director of Maritime New Zealand in relation to maritime activity

Powers in relation to maritime documents

41Issue of maritime documents and recognition of documents 42Acceptance of convention documents 43Suspension of maritime documents or imposition of conditions 44Revocation of maritime documents 45Amendment or revocation in other cases 46Suspension or revocation of maritime document where prescribed fees or charges unpaid 47Exemption 48Powers of Director in relation to examinations, etc 49Criteria for action under section 43 or section 44 50Criteria for fit and proper person 51Notice to persons affected by proposed adverse decisions

Suspension of persons from work

52Suspension from work 53Suspended persons not to work or be employed

Inspection, investigation, detention, and rectification

54Inspections and audits 54APower of Director to investigate holder of maritime document 55Detention, etc, of ships and maritime products 56Costs of detention, etc

Investigation of accidents, incidents, and mishaps

57Investigation of accidents, incidents, and mishaps by Director 58Powers of investigation of Director 59Additional powers of investigation 60Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission

Powers and provisions relating to pilots

60AMaster to ensure rules relating to pilotage are complied with 60BLimitation of liability where pilot engaged

Part 6:
Offences in relation to maritime activity

Offences against health and safety on ships

61Offences likely to cause serious harm 62Other offences 63Actions taken to prevent harm

Safety offences

64Unnecessary danger caused by holder of maritime document 65Dangerous activity involving ships or maritime products 65AProceeding without pilot contrary to maritime rules or direction given under section 60A 66Effect of breach of maritime rule 67Communicating false information affecting safety 67AOffence for submerged load lines 67BOther offences

Offences in relation to maritime document

68Acting without necessary maritime document 69Applying for maritime document while disqualified 69AActing in breach of maritime documents 69BKnowingly employing seafarers without maritime documents

Other offences

70Failure to comply with inspection or audit request 71Failure to comply with Part 3

Penalties

72Failure to comply with sections 7 to 10

Disqualification

73Court may disqualify holder of maritime document or impose conditions on holding of document 74Effect of disqualification 75Commencement of period of disqualification 76Retention and custody of documents 77Removal of disqualification 78Particulars of disqualification orders, etc, to be sent to Director 79Appeals

Further provisions relating to offences

80Amendment of indictment or information 81Strict liability and defences

Maritime Appeal Authority

82Continuation of Maritime Appeal Authority 82AMaritime Appeal Authority disestablished

Part 7:
Limitation of liability for maritime claims

83Application of this Part 84Interpretation 84ALLMC Convention as amended by LLMC Protocol to have force of law 85Persons entitled to limitation of liability under this Part 86Claims subject to limitation of liability 87Calculation of limits of liability 87AGovernor-General may notify amended limits 88Units of account 89Court may consolidate claims 90Part owners to account in respect of damages 91Release of ship where security given

Part 8:
Liability where 2 or more ships involved

92Application of this Part 93Interpretation 94Division of loss 95Damages for personal injury 96Right of contribution 97Limitation of actions

Part 9:
Wreck of ships and aircraft

98Interpretation 99Director may appoint Receivers

Ships and aircraft in distress

100Powers and duties of Director where ship or aircraft in distress 100AResponsibility of owner of ship or aircraft in distress 101Right of passage over adjoining lands 102Receiver to suppress plunder and disorder 103In Receiver’s absence, who to act 104Receiver to make inquiry

Dealing with wreck

105Rules to be observed by person finding wreck 106Articles washed ashore to be delivered to Receiver 107Claims to wreck 108Wreck may be sold immediately in certain cases 109Provisions where wreck claimed by 2 or more persons and as to unclaimed wreck

Removal of hazards to navigation

110Removal of hazards to navigation

Offences in respect of wreck

111Offences in respect of wreck 112Receiver may seize concealed wreck

Salvage

113Salvage for saving life 114Salvage of cargo or wreck

Procedure in salvage

115Settlement of disputes as to salvage 116Settlement of disputes by District Court 117Apportionment of salvage among owners, etc, of ships and aircraft other than New Zealand ships or aircraft 118Valuation of wreck 119Enforcing payment of salvage 120Receiver may sell wreck in case of non-payment 121Payment of salvage in case of dispute as to apportionment 122High Court may apportion 123Salvage claims against the Crown 124Salvage claims by the Crown

Fees of Receivers

125Fees to be paid to Receiver

Duties on wreck

126Foreign wreck subject to duties as an importation 127Penalties

Part 10:
Construction, survey, and equipment

128Interpretation 129Application of this Part 130Surveyors 131Notice to be given before work commenced 132Notice to be given before use changed

Requirement of survey

133Certain ships to be surveyed 134Director may exempt any particular ship or class of ship from survey

Conduct of surveys

135Initial, intermediate, and periodical surveys 136Additional surveys 137Duties of surveyor on completion of survey where ship satisfactory 138Duties of surveyor on completion of survey where ship unsatisfactory 139Duties of Director on receipt of notice 140Declarations of survey

Certificates

141Interim certificates 142Safety Convention certificates 143Certificates of survey 144Requirement to hold appropriate certificate 145Dispensation from having appropriate certificate 146Conditions in respect of certificates 147More than 1 certificate in respect of same ship 148Duration of Safety Convention certificates 149Duration of certificate of survey 150Display of certificates 151Offence in respect of display of certificates

Special provisions relating to barges

152Application of sections 153 to 155 153Certificates of completion required for certain barges 154Certificates of completion 155Offence to proceed on voyage in certain circumstances 156Government ships

Part 11:
Load lines

157Interpretation 158Application of this Part 159Load line ships and certificates 160Issue of load line certificates 161Duty to comply with Load Line Regulations 162Overloading 163Offences in relation to markings 164Display of load line certificate and other requirements 165Director may exempt certain ships from Load Line Regulations 166Use of timber load lines 167Submersion lines on ships not subject to Load Line Regulations

Part 12:
Safety at sea

168Interpretation

Prevention of collisions

169Application of Collision Regulations 170Observance of Collision Regulations

General provisions relating to safety

171Radio messages 172Additional duties in respect of reporting of dangers to navigation 173Dangerous goods 174Deck cargo 175Livestock 176Grain 177Minister may define restricted limits 178Medical officers to be carried on certain ships 179Medical certificates required in respect of seafarers under 18 years of age 180Crew accommodation 181Official logbook to be kept 182Matters to be entered in logbook 183Chief engineer to keep engine room logbook 184Offence in respect of official logbook, etc

Part 13:
Transitional provisions relating to Parts 10 to 12

185Penalties 186Documents issued under Parts 10 to 12 187Expiry of Parts 10 to 12

Part 14:
General provisions relating to shipping

Duty of assistance

188Duty of assistance

Maritime Registry

189Maritime Registry

Information services

190Information services

Maritime levies

191Maritime levies 192Exemptions from maritime levies 193Power to appoint agents to collect maritime levies 194Power of agent of ship, etc, to retain maritime levies out of other money 195Recovery in certain cases where maritime levies not paid 196Issue of receipt for maritime levy 197Detention of ship where maritime levies not paid or receipt not produced 197ARegulations may impose ballast water management levy

Coastal shipping

198Coastal shipping

Safety services

199Search and rescue operations 199Search and rescue operations 199AMinister may direct agencies with respect to search and rescue operations 200Navigational aids

Provisions relating to special maritime events

200AMinister may notify maritime event where special enforcement powers exercisable 200BSpecial enforcement powers may be exercised when this section applies

Dangerous goods

200COpening and testing of packages containing dangerous goods

Miscellaneous provisions

201Regulations

Part 15:
Transitional and consequential provisions relating to maritime transport

202Repeals and revocations 203Amendments to other enactments 204Regulations, etc, deemed made under this Act 205Expiry of section 204 206Dispensing powers of Director 207Abolition of Marine Council and Marine Advisory Committee, etc

Part 16:
Carriage of goods by sea

208Interpretation 209Hague Rules to have force of law 210Jurisdiction of New Zealand courts 211Contracting parties to the Rules 212Repeals 213Savings

Part 17:
Salvage

214Commencement 215Interpretation 216Application of Convention 217Salvage claims against the Crown 218Salvage claims by the Crown 219Apportionment between salvors 219ASalvage for saving life 220Actions for indemnity

Part 18:
Preliminary provisions relating to marine pollution

221Commencement of provisions relating to marine pollution 222Interpretation 223Application of Parts 19 to 27 to ships of New Zealand Defence Force 224Application of certain provisions of Parts 19 to 28

Part 19:
Protection of marine environment from harmful substances

224ARegulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of discharges 225Interpretation

Obligations to protect marine environment from harmful substances

226Harmful substances not to be discharged into sea or seabed of exclusive economic zone or continental shelf 226AHarmful substances not to be discharged into sea or seabed beyond New Zealand continental waters from New Zealand ships 227Duty to report discharge or escape of harmful substances 228Notice of pollution incidents 229Notice of prospective arrival of ship carrying oil or noxious liquid substance 230Notice of transfer of oil or noxious liquid substances to or from ships 231Obligations of Director, Environmental Protection Authority, and regional councils to share information concerning notices

Powers of Director in relation to protection of marine environment from harmful substances

232Director may require provision of financial security 233Rectification of hazardous conditions 233APower to prohibit transfer of oil or noxious liquid substance 234Precautionary measures in the event of transfer of oil or noxious liquid substance 235Powers of investigation of Director 235AAdditional powers of Director 236Power to require reception facilities

Offences in respect of discharge or escape of harmful substances into sea or seabed

237Discharge or escape of harmful substances from ship into sea or seabed 238Failure to report discharge of harmful substance into sea or seabed 239Failure to notify pollution incidents 240Failure to notify arrival of ship carrying oil or noxious liquid substance 241Failure to notify transfer of oil or noxious liquid substance from or to ships 242Failure to comply with requirement of Director 242AFailure to comply with prohibitions

Defences

243Defences to offence against section 237

Penalties

244Penalties in respect of sections 237, 238, 239, and 242 245Penalties in respect of sections 240, 241, and 242A 246Amount of fine or other monetary penalty recoverable from agent

Part 19A:
Protection of marine environment from ballast water

246AMeaning of ballast water, convention, and ship 246BDischarge from ships 246COffence 246DDefences 246EDirector's powers 246FPerson subject of exercise of Director's powers

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

247Interpretation 248Powers of Director in relation to hazardous ships 249Powers of Director in relation to hazardous structures and operations 250Exercise of power by Director 251Right to compensation 252Compliance with instructions 253Offences 254Instructions under this Part that conflict with other instructions 255Minister’s power of direction 256Protection of Director and other persons

Part 21:
Protection of marine environment beyond New Zealand continental waters from dumping, incineration, and storing of wastes

257Interpretation 257ARegulation under this Part and Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 of dumping

Obligations in respect of dumping, storing, and incineration of wastes

258Dumping of radioactive waste or other radioactive matter 259Storing of radioactive waste or other radioactive matter 260Storing of toxic or hazardous waste 261Dumping and incineration of waste or other matter 262Permits for dumping waste or other matter 262AEmergency dumping permit 262BConditions of emergency dumping permit

Offences

263Offences in respect of radioactive waste and other radioactive matter 264Offences in respect of dumping and incineration of waste and other matter 265Special defences

Penalties

266Penalties 267Sentence of imprisonment

Part 22:
Obligations and powers in relation to marine protection documents

General rule

268Marine protection documents to be held and complied with if required by marine protection rules

Powers of Director in relation to marine protection documents

269Application for marine protection document 270Issue of marine protection documents and recognition of documents 271Acceptance of documents 272Suspension of marine protection documents or imposition of conditions 273Revocation of marine protection documents 274Suspension or revocation of marine protection document where prescribed fees or charges unpaid 275Amendment or revocation in other cases 276Criteria for action under section 272 or section 273

General offences

277Acting without necessary marine protection document 278Acting in breach of marine protection document

Penalties

279Penalties for individuals 280Penalties for bodies corporate

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

281Interpretation

Oil Pollution Advisory Committee

282Oil Pollution Advisory Committee

New Zealand marine oil spill response strategy

283Preparation and review of response strategy 284Purpose and contents of response strategy 285Consultation in respect of response strategy

Marine oil spill contingency plans

286Purpose of marine oil spill contingency plans

Shipboard and site marine oil spill contingency plans

287Preparation, review, and keeping of shipboard and site marine oil spill contingency plans

Regional marine oil spill contingency plans

288Purpose of regional marine oil spill contingency plan 289Initial regional marine oil spill contingency plans 290Regular review of regional marine oil spill contingency plans 291Preparation and consultation in respect of, and matters to be included in, regional marine oil spill contingency plans 292Approval of draft regional marine oil spill contingency plan 293Amendment of regional marine oil spill contingency plans 294Regional marine oil spill contingency plan overridden in certain cases 295Power of Director to prepare regional marine oil spill contingency plan

National marine oil spill contingency plan

296Purpose of national marine oil spill contingency plan 297Preparation and review of national marine oil spill contingency plan 298Consultation in respect of and matters to be included in national plan

Marine oil spill responses

299Duty to notify if unable to contain and clean up marine oil spills 300Function of regional on-scene commanders after notification 301Function of National On-Scene Commander after notification 302National On-Scene Commander to take precedence 303Objective of on-scene commanders 304Termination of marine oil spill response 305Powers of on-scene commander 306Matters to be complied with in requisitioning 307Compensation payable where property requisitioned 308Compensation for loss or damage to personal property 309Absence from duty not to affect employment rights 310Minister’s power of direction 311Additional powers of on-scene commander 312Limits on powers of on-scene commander

Obligations and offences in respect of marine oil spill contingency plans

313Compliance with marine oil spill contingency plans 314Offences in respect of marine oil spill contingency plans 315Offences in respect of notification of inability to contain and clean up marine oil spills 316Failure to comply with prohibition, restriction, or direction 317Penalties

Miscellaneous provisions relating to responses to marine oil spills

318Appointment of regional on-scene commanders 319Appointment of National On-Scene Commander 320Appointments under section 318 or section 319 321Purchases by Authority to prepare for and implement responses to marine oil spills 322Distribution and responsibility for maintenance of purchases under section 321 323Authority may inspect 324Director responsible for training 325Director may review responses 326Proof of identity 327Protection from liability 328Contracts

Part 24:
Financing plans and responses to protect the marine environment from marine oil spills

329Interpretation

New Zealand Oil Pollution Fund

330New Zealand Oil Pollution Fund 331Application of money in New Zealand Oil Pollution Fund 332Expenditure budgets required before certain money paid from Fund

Oil pollution levies

333Oil pollution levies 334Consultation on oil pollution levies 335Rates and basis of oil pollution levies 336Incurring of levies 337Payment of levies 338Ships not entitled to certificate of clearance until levies paid 339Evidence of nature and change of use 340Offences against this Part 341Recovery of levies

Part 25:
Civil liability for pollution of marine environment

342Interpretation 343Ownership of CLC Ship

Liability for pollution from ships

344Liability to the Crown and marine agencies for costs of cleaning up pollution 345Liability of shipowners for pollution damage 346Liability for unattributable pollution damage from ships 347Limits of liability of CLC shipowners for oil pollution damage 348Defences to shipowner’s liability for pollution damage 349Reduction of shipowner’s liability for pollution damage where contributory negligence 350Proceedings against third parties in respect of pollution from ships 351Distribution of amounts paid in satisfaction of liability 352Liability of shipowners for damages for pollution damage only under this Act 353Restrictions on enforcement of claims against shipowners 354Ships owned by Convention States

Liability for pollution from marine structures and operations

355Liability to the Crown and marine agencies for costs of cleaning up pollution 356Liability for pollution damage from marine operations and structures 357Liability for unattributable pollution damage from marine structures and operations 358Defences in respect of liability for pollution damage from marine structures and operations 359Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence 360Proceedings against third parties in respect of pollution from marine structures or operations

General provisions in respect of liability for pollution damage

361Time for bringing proceedings 362Part 7 not to affect liability under this Part

Mandatory insurance for certain ships and offshore installations

363Certain ships to have certificates of insurance 363ACertain ships to have bunker oil certificates of insurance 364Regulated offshore installations to have certificates of insurance 365Production of certificate of insurance 366Rights of third parties against insurers of regulated oil tankers and regulated ships 367Offences

Miscellaneous

368Application of admiralty jurisdiction 369Reciprocal enforcement of judgments

Part 26:
Compensation from International Oil Pollution Compensation Fund and Supplementary Fund for pollution damage

370Interpretation

Compensation and indemnity from International Oil Pollution Fund and Supplementary Fund

371International Oil Pollution Fund and Supplementary Fund declared to be legal entities 372Compensation from International Oil Pollution Fund and Supplementary Fund for certain pollution damage 373Maximum amount of liability of International Oil Pollution Fund and Supplementary Fund 374International Oil Pollution Fund’s liability for compensation avoided or limited in certain cases 375Several claims for compensation from International Oil Pollution Fund 376International Oil Pollution Fund to indemnify certain shipowners 377International Oil Pollution Fund’s liability to indemnify limited or avoided in certain cases

Provisions in respect of proceedings against International Oil Pollution Fund or Supplementary Fund

378Time for bringing proceedings against International Oil Pollution Fund or Supplementary Fund 379Jurisdiction of court in respect of claims against International Oil Pollution Fund or Supplementary Fund 380Notice of proceedings against International Oil Pollution Fund or Supplementary Fund 381Notice to and joining of International Oil Pollution Fund and Supplementary Fund in certain proceedings 382Reciprocal enforcement of judgments against International Oil Pollution Fund or Supplementary Fund 383Rights of subrogation of International Oil Pollution Fund or Supplementary Fund

Miscellaneous provisions relating to International Oil Pollution Fund

384International Oil Pollution Fund as insurer

Levies on oil imports

385Levies on oil imports

Part 26A:
Civil liability for pollution of marine environment from marine structures

385AInterpretation 385BLiability to the Crown and marine agencies for costs of cleaning up pollution

Liability for pollution from marine structures and operations

385CLiability for pollution damage from marine structures and operations 385DLiability for unattributable pollution damage from marine structures and operations 385EDefences in respect of liability for pollution damage from marine structures and operations 385FReduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence 385GProceedings against third parties in respect of pollution damage from marine structures or operations 385HRegulated offshore installations to have certificates of insurance 385IProduction of certificate of insurance 385JRights of third-party claimants against insurers of regulated offshore installations 385KOffence

Part 27:
Making of marine protection rules and regulations and taking of other measures to protect marine environment

Marine protection rules

Regulations

394Regulations

General powers of Director in relation to protection of marine environment

395Director may grant exemptions from marine protection rules 395AAppeal against decision on exemption under section 395(1)(a)396Inspections and audits (other than in relation to Annex VI)396AInspections and audits in relation to Annex VI 397Detention, etc, of ships and seizure of marine protection products 398Costs of detention under section 397

Offences

399Failure to comply with Director’s inspection or audit requirements 400Contravention of prohibition or conditions 401Contravention of emergency marine protection rule

Penalties

402Penalties in respect of section 399 403Penalties in respect of sections 400 and 401

Part 28:
General offences and provisions in relation to offences and appeals under this Act

General offences

404Obstruction of persons duly authorised by Director 405Failure to maintain accurate records 406Communicating fraudulent, misleading, or false information 407Penalties

General provisions in respect of offences

408Offences to be punishable on summary conviction 409Additional penalty for offence involving commercial gain 410Liability of principal for acts of agents 411Limitation of proceedings 412Proof of exemption, etc 413Place where offences deemed to be committed 414Presumption as to master of ship 415Offences committed in foreign ports or on high seas by seafarers of New Zealand ships 416Compliance with rules 417Evidence and proof 418Mode of service of summons on master or owner 419Proceedings for offences 420Offence under more than 1 enactment 421Application of fines

Infringement offences

422Infringement offences 423Infringement notices

Rights of appeal

424Rights of appeal 425Procedure 426Decision of Director or harbourmaster to continue in force pending appeal 427Appeal to High Court on question of law 428Further appeal to Court of Appeal

Part 29:
Maritime New Zealand

Provisions relating to Authority

429Maritime New Zealand continued 429AMembership of Authority 430Objective of Authority 431Functions of Authority 432Authority to comply with policy directions 433Authority to have powers of natural person 434Powers of entry in respect of existing works 435Authority to consider delegating or contracting out of functions and powers 436Restriction applying to statement of intent 437Service charter 438Use of words Maritime Safety Authority and Maritime New Zealand 439Director of Maritime New Zealand 440Acting Director of Maritime New Zealand

General provisions

441Delegation of Minister’s functions or powers to Authority 442Restriction on delegation of functions and powers by Authority 443Delegation of Director’s functions or powers to employees of Authority 444Delegation of Director’s functions or powers to persons outside Authority 444APower to require reception facilities

Part 30:
Miscellaneous provisions applying to this Act generally

Regulations

445Regulations for fees and charges 445AText of certain marine protection conventions

Provisions in respect of rules under this Act

446Procedure for making of rules by Minister 446AProcedure for making of rules by Governor-General 447Procedure for making of emergency rules by Director 448Provisions in respect of rules generally 449Notification of emergency rules in certain circumstances 450Other provisions in respect of emergency rules 451Further general provisions in respect of rules 452Incorporation by reference

Transport instruments

452ARegulations or rules may provide for transport instruments 452BSpecified person may make transport instruments 452CProcedures relating to transport instruments 452DIncorporation of material in transport instruments

Powers of entry

453General power of entry 454Warrant to inspect dwellinghouse, marae, etc 455Entry in respect of offences 456Duties on exercising power of entry 457Additional powers

Service of documents

458Service of documents

Detention of ship and distress on ship

459Recovery of fines, etc, by distress 460Enforcing detention of ships 461Consular officer to be notified of detention of foreign ship 462Cost of detention and inspection to be paid by owner 463Detention in lieu of security for civil claims 464Agents' contracts of indemnity 465Designation of parties to conventions 466Other enactments not affected 467Provisions of Resource Management Act 1991 not to apply 467AProvisions of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 not to apply

Part 31:
Consequential amendments, transitional provisions, and repeals

468Savings relating to Shipping and Seamen Act 1952 469Permits and other documents issued under Marine Pollution Act 1974 470Proceedings under Marine Pollution Act 1974 471No liability for continuing offences after repeal 472Compensation for loss in acting in respect of marine casualties 473Instructions in relation to marine casualties unaffected 474Levies under Marine Pollution Act 1974 475Ships detained under Shipping and Seamen Act 1952 or Marine Pollution Act 1974 476Applications for permits under Marine Pollution Act 1974

Amendments to Harbours Act 1950

477Effect of bylaws on port company operations 478No marine pollution dues

Amendment to Local Government Act 1974

479Functions of regional councils

Amendment to Environment Act 1986

480Acts under which consents may be granted

Repeals, savings, and transitional provisions

481Repeals and saving 482Oil Pollution Levies Order 1978 483Transitional provisions relating to Maritime Safety Authority of New Zealand 484Transitional provisions relating to Oil Pollution Advisory Committee 485Savings relating to Ministry, etc

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Provisions relating to Maritime New Zealand

Schedule 2:
Provisions applying in respect of Maritime Appeal Authority

Schedule 3:
Enactments repealed

Schedule 4:
Enactments amended

Schedule 5:
The Amended Hague Rules

Schedule 6:
International Convention on Salvage, 1989

Schedule 7:
Enactments repealed

Schedule 8:
Convention on the Limitation of Liability for Maritime Claims (1976)

Schedule 9:
Protocol of 1996 to Amend the Convention on the Limitation of Liability for Maritime Claims (1976)

Maritime Transport Act 1994

Civil liability for pollution of marine environment - Liability for pollution from marine structures and operations

358: Defences in respect of liability for pollution damage from marine structures and operations

You could also call this:

"Excuses for causing pollution from boats or marine activities"

If you are liable for pollution damage from marine structures and operations, there are defences you can use. You can find these defences in a part of the law that used to be called section 358 of the Maritime Transport Act 1994. This section was repealed on 23 October 2013 by section 56 of the Maritime Transport Amendment Act 2013.

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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=DLM338146.

357: Liability for unattributable pollution damage from marine structures and operations, or

"Who pays for pollution damage when we don't know who caused it"

359: Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence, or

"Reducing blame for marine pollution if you're not fully at fault"

Part 25Civil liability for pollution of marine environment
Liability for pollution from marine structures and operations

358Defences in respect of liability for pollution damage from marine structures and operations (Repealed)

Notes

Section 358: repealed, on 23 October 2013, by section 56 of the Maritime Transport Amendment Act 2013 (2013 No 84).