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Maritime Transport Act 1994

Local regulation of maritime activity - Councils may carry out harbour works

33I: Councils may carry out harbour works

You could also call this:

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

You can help keep harbours safe by doing certain works. A regional council can put up signs to help boats navigate, remove things that block the way, and do works to make it easier to navigate. They do this to ensure maritime safety.

You can also do works to improve harbours if you are a territorial authority. This includes building quays, docks, and jetties, and doing other works to improve, protect, or manage the waters in your area. You can also do works to stop the water from coming too far into your area.

If a council or authority builds something, it belongs to them. But they cannot build on private land without the owner's permission. This rule is also subject to the Resource Management Act 1991 and the Marine and Coastal Area (Takutai Moana) Act 2011.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5691061.

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"People in charge can enter ships or buildings to do their job"

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33J: Removal of wrecks by regional council, or

"Regional councils can remove and dispose of shipwrecks that are hazards to navigation."

Part 3ALocal regulation of maritime activity
Councils may carry out harbour works

33ICouncils may carry out harbour works

  1. For the purpose of ensuring maritime safety,—

  2. a regional council may—
    1. erect, place, and maintain navigational aids in accordance with maritime rules (if any):
      1. remove obstructions and impediments to navigation:
        1. execute and maintain works that it considers likely to improve navigation:
        2. a territorial authority may—
          1. erect and maintain quays, docks, piers, wharves, jetties, and launching ramps:
            1. carry out other works for improving, protecting, managing, or utilising the waters within its district:
              1. carry out works to prevent the encroachment of waters within its district.

              2. Works constructed by a regional council or territorial authority under this section are the property of the council or authority.

              3. A regional council or territorial authority may not construct works, or levy tolls, on private land without the owner's consent.

              4. This section is subject to—

              5. the Resource Management Act 1991; and
                1. anything to the contrary in the Marine and Coastal Area (Takutai Moana) Act 2011.

                  Compare
                  Notes
                  • Section 33I: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                  • Section 33I(4)(a): 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).