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Maritime Transport Act 1994

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

467: Provisions of Resource Management Act 1991 not to apply

You could also call this:

"Some environmental rules don't apply when helping a ship in distress"

When a ship is in distress, some rules do not apply. These rules are in the Resource Management Act 1991, specifically sections 9, 12, 13, 14, 15, 15A, 15B, and 15C. You do not have to follow these rules when you are trying to help a ship in distress.

When the Director is in charge, they can do things without following these rules. This is because they are working under section 248 or section 249. The Director can give instructions to others, and they do not have to follow these rules either.

There is also a person called the on-scene commander who can make decisions. They can work under section 305 or section 311, and they do not have to follow these rules. The on-scene commander can give directions to others, and they do not have to follow these rules either.

The master or owner of a ship can also do things without following these rules. This is because they are working under a direction given by someone in charge, using section 305 or section 311. Other people, like the owner of an oil storage site, can also do things without following these rules if they are given a direction.

You can find more information about these rules in the Maritime Transport Act 1994 and the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338898.

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466: Other enactments not affected, or

"This law doesn't change other laws unless it says so."

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467A: Provisions of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 not to apply, or

"Some environmental rules don't apply when helping a ship in distress"

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

467Provisions of Resource Management Act 1991 not to apply

  1. The provisions of sections 9, 12, 13, 14, 15, 15A, 15B, and 15C of the Resource Management Act 1991 shall not apply to—

  2. anything done by or on behalf of the Director under section 248 or section 249 or by or on behalf of any person in accordance with any instructions under either of those sections; or
    1. anything done by or on behalf of an on-scene commander—
      1. under section 305 or section 311; or
        1. in accordance with a direction given under section 310; or
        2. anything done by or on behalf of the master or owner of any ship, or the owner or operator of any oil storage or transfer site or offshore installation or any other person in accordance with a direction given under section 305 or section 311; or
          1. anything done—under section 305 or section 311.
            1. by or on behalf of the Director; or
              1. by any person in accordance with any instructions issued by the Director—

              Notes
              • Section 467 heading: 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 467: 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).