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Maritime Transport Act 1994

Making of marine protection rules and regulations and taking of other measures to protect marine environment - General powers of Director in relation to protection of marine environment

396: Inspections and audits (other than in relation to Annex VI)

You could also call this:

"Checks to protect the marine environment from harm"

The Director can ask you to do inspections or audits if you have a marine protection document or if you are supposed to have one. This is to protect the marine environment from harm. The Director can also do these inspections or audits themselves to make sure you are following the rules.

If the Director is doing an inspection or audit, they can ask you for information that is relevant to it. For ships, the Director can ask you to let them take a sample of the ship's ballast water or to show them that the crew knows how to prevent harm to the environment from ballast water. The Director can also ask you to show them that you know how to prevent marine pollution or that you can do maintenance and servicing in a competent way.

The Director has the power to do these inspections and audits to protect the environment, human health, property, or resources from harm. You can find more information about what a ship is in section 246A(3)(a). This section does not apply to inspections and audits for the purposes of implementing Annex VI.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338349.

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396A: Inspections and audits in relation to Annex VI, or

"Checks on ships to protect the environment from harm"

Part 27Making of marine protection rules and regulations and taking of other measures to protect marine environment
General powers of Director in relation to protection of marine environment

396Inspections and audits (other than in relation to Annex VI)

  1. The Director may from time to time, in writing, require any person who—

  2. holds any marine protection document; or
    1. is required to hold any marine protection document by this Act or any regulations or marine protection rules made under this Act; or
      1. operates, maintains, or services, or does any other act in respect of any ship, marine protection product, offshore installation, pipeline, transfer or reception facility—
          1. to undergo, or carry out, such inspections or audits, or both, as the Director considers necessary in the interests of protecting the marine environment from harm or protecting the environment, human health, property, or resources from harm from ballast water.

        1. The Director may in respect of any person described in subsection (1) carry out such inspections or audits, or both, as the Director considers necessary in the interests of protecting the marine environment from harm or protecting the environment, human health, property, or resources from harm from ballast water.

        2. For the purposes of any inspection or audit carried out in respect of any person under subsection (2), the Director may, in writing,—

        3. require that person to provide to the Director such information as the Director considers relevant to the inspection or audit:
          1. for a ship, as defined in section 246A(3)(a), require the person to—
            1. allow the Director to take a sample of the ship's ballast water:
              1. demonstrate to the Director the familiarity of the master or crew with essential procedures for the prevention of harm to the environment, human health, property, or resources from ballast water:
              2. require that person to demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the prevention of marine pollution:
                1. require that person to demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or marine protection product is capable of being carried out in a competent manner.

                  1. This section does not apply to inspections and audits for the purposes of implementing Annex VI.

                  Compare
                  Notes
                  • Section 396 heading: replaced, on , by section 13(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).
                  • Section 396(1): amended, on , by section 86(12) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                  • Section 396(2): amended, on , by section 86(13) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                  • Section 396(3)(aa): inserted, on , by section 86(14) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                  • Section 396(4): inserted, on , by section 13(2) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).