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Maritime Transport Act 1994

Local regulation of maritime activity - Wrecks

33J: Removal of wrecks by regional council

You could also call this:

"Regional councils can remove shipwrecks that are dangerous to boats and people"

Illustration for Maritime Transport Act 1994

You can ask a regional council to remove a wreck that is a hazard to navigation. The council can tell the owner to remove the wreck in a certain time and way. If the owner cannot be found or does not remove the wreck, the council can destroy or sell it. You should know that the council can pay itself back from the sale of the wreck for the costs of removing it. The council must pay any leftover money to the owner of the wreck. If the owner does not pay the costs, the council can take them to court to get the money back. The council has these powers to keep navigation safe, as stated in the Maritime Transport Act. The law says the council can remove a wreck if it is a hazard. This helps keep you and others safe while navigating.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689813.

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Topics:
Transport and travel > BoatingEnvironment and resources > Conservation

Part 3ALocal regulation of maritime activity
Wrecks

33JRemoval of wrecks by regional council

  1. A regional council may take steps in accordance with this section to remove and deal with any wreck within its region that is a hazard to navigation.

  2. The regional council may—

  3. require the owner of the wreck, or an agent of the owner, to remove the wreck within a time and in a manner satisfactory to the regional council:
    1. destroy, dispose of, remove, take possession of, or sell a wreck (or any part of it) if—
      1. the regional council has made reasonable efforts to find the owner or agent; and
        1. the owner or agent cannot be found or fails to remove the whole of the wreck within the time specified or in a manner satisfactory to the regional council.

        2. The regional council may reimburse itself from the proceeds of any sale of the wreck for any actual expenses incurred in removing the wreck (but must pay any balance owing to the owner of the wreck).

        3. The regional council may recover the expenses incurred in removing a wreck as a debt owed by the owner of the wreck in any court of competent jurisdiction.

        Compare
        Notes
        • Section 33J: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).