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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:

"Stopping a ship until its owner pays for damages or costs"

Illustration for Maritime Transport Act 1994

If you own a ship and it is involved in a civil claim, you might have to give security. This means you have to provide a guarantee that you will pay any costs or damages. You can do this by giving a certificate issued under section 363 or a certificate that complies with the Civil Liability Convention. If you are a company that owns a ship, you are considered to be living in New Zealand if you have an office here. A District Court Judge can order a ship to be detained if the owner does not live in New Zealand and the ship has caused damage. The ship can be detained until security is provided for any costs or damages. The Judge can make this order if someone has been convicted of an offence related to the ship, such as discharging a harmful substance in breach of the Maritime Transport Act 1994, contravening section 15B of the Resource Management Act 1991, or breaching section 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. You can appeal to the High Court if you are affected by this order. The officer who is given the order will detain the ship until the security is provided or the issue is resolved.

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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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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).