Maritime Transport Act 1994

Maritime New Zealand - Provisions relating to Authority

434: Powers of entry in respect of existing works

You could also call this:

"Authority staff can enter land to check or fix their safety equipment, like navigational aids, with permission."

The Authority can enter land to get to their equipment, like cables or navigational aids, that was installed before this law started. You can think of the Authority like a team that helps keep our waterways safe. They need to be able to check and fix their equipment to do their job. The Authority can do what they need to do to inspect, maintain, or repair this equipment.

If someone from the Authority wants to enter land, they must give reasonable notice and enter at a reasonable time. They must also show proof of who they are and why they are there. The Authority has rules to follow when entering land, like only entering with the right permission and at the right time.

In an emergency, like when someone's life or property is in danger, the Authority can enter land without following all the usual rules. The Authority's equipment, like cables or navigational aids, can stay on or under someone else's land until the Authority decides to move 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=DLM338828.

433: Authority to have powers of natural person, or

"The Authority can do things like a normal person, such as own property or make contracts."

435: Authority to consider delegating or contracting out of functions and powers, or

"The Authority must think about the best way to do its jobs and decide whether to do them itself or give some tasks to others."

Part 29Maritime New Zealand
Provisions relating to Authority

434Powers of entry in respect of existing works

Subject to subsection (3), the Authority may—
enter upon any land for the purpose of gaining access to cables, wires, navigational aids, or other equipment owned by the Authority, being equipment installed before the date of commencement of this section; and
perform any act or operation necessary for the purpose of inspecting, maintaining, operating, repairing, or replacing such equipment.

A certificate given under the hand of the Director containing a statement that any equipment of the type referred to in subsection (1) was installed before the date of commencement of this section shall be admissible in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.
The power to enter land conferred by subsection (1) shall be subject to the following conditions:
entry to the land shall be made only by an officer, employee, or agent of the Authority authorised by it in writing, or by persons under the immediate control of such an officer, employee, or agent:
reasonable notice of the intention to enter the land shall be given, and the provisions of Part 10 of Te Ture Whenua Maori Act 1993 shall apply in respect of notices served in the circumstances set out in that Part:
entry shall be made at reasonable times:
the officer, employee, or agent shall have with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her identity and authority.

Subsection (3) shall not apply where the entry is necessary in circumstances of probable danger to life or property.
Any equipment owned by the Authority that is fixed to or installed over or under land not owned by the Authority shall be deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the Authority otherwise decides, and no person other than the Authority shall have any interest in any such equipment by reason only of having an interest in the land.

Compare

1993 No 89 s 8