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Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Detention of ship and distress on ship

463: Detention in lieu of security for civil claims

You could also call this:

"Holding a ship until a problem is fixed or paid for"

If you own a ship and it is involved in a civil claim, a court can order your ship to be detained. This means the ship cannot leave a port until the issue is resolved. You might be involved in a civil claim if your ship damages property or the environment. The court can detain your ship if you do not live in New Zealand and you have not provided security for any costs or damages.

If you are found guilty of certain offences, like discharging harmful substances from your ship, your ship can be detained. These offences include breaching the Resource Management Act 1991, or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. Your ship can be detained until you provide security for any costs or damages.

A certificate issued under section 363 of the Maritime Transport Act can be used as security. When a court orders your ship to be detained, a Customs officer or another officer will make sure the ship does not leave the port. The court will follow its own procedure when considering an application to detain a ship. If your ship is detained, you can appeal to the High Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338893.

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"Ship owners must pay for detention and inspection costs in New Zealand"

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"Protection for ship agents: getting paid back if things go wrong"

Part 30Miscellaneous provisions applying to this Act generally
Detention of ship and distress on ship

463Detention in lieu of security for civil claims

  1. For the purposes of this section, where the owner of a ship is a corporation, it shall be deemed to reside in New Zealand if it has an office in New Zealand at which service can be effected.

  2. A District Court Judge may order a Customs officer or another officer named by the Judge to detain a ship if—

  3. a person has been convicted of an offence described in subsection (2B) in relation to the ship; and
    1. property has been, or is likely to be, damaged by the discharge; and
      1. none of the owners of the ship reside in New Zealand.

        1. The ship may be detained until security has been provided for costs, damages, or other money that may be payable as a result of civil proceedings.

        2. The offences relate to—

        3. the discharge of a harmful substance from a ship in breach of this Act:
          1. contravening or permitting a contravention of section 15B of the Resource Management Act 1991:
            1. a breach of section 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

              1. Despite subsection (2), a certificate issued under section 363 or a certificate complying with the terms of Article VII of the Civil Liability Convention shall be sufficient security for the purposes of this section.

              2. On any order being made under subsection (2), the officer to whom the order is directed shall detain the ship.

              3. Procedure on an application for an order under subsection (2) shall be as the District Court Judge considers appropriate.

              4. Any person affected by an order made under subsection (2) may appeal against that order to the High Court.

              Compare
              • 1974 No 14 s 62
              Notes
              • Section 463(2): replaced, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
              • Section 463(2A): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
              • Section 463(2B): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
              • Section 463(2B)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
              • Section 463(3): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).