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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 and dispose of shipwrecks that are hazards to navigation."

If you are the owner of a wreck that is a hazard to navigation, a regional council can take steps to remove it. The council can ask you to remove the wreck within a certain time and in a way that they are happy with. If they cannot find you or you do not remove the wreck, the council can destroy, dispose of, or sell the wreck.

The council can use the money from selling the wreck to pay for the costs of removing it, but they must give you any money left over. If the council has to pay to remove the wreck, you will have to pay them back as a debt. You can find more information about this in the Maritime Transport Act 1994, which is related to section 650K.

The regional council can take you to court to get the money back if you do not pay them.

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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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33I: Councils may carry out harbour works, or

"Councils can do work to make harbours safer and easier to use"

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33K: Removal of wrecks by Director, or

"The Director can remove a shipwreck that's a danger to boats in New Zealand waters."

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).