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Maritime Transport Act 1994

Protection of marine environment from harmful substances - Powers of Director in relation to protection of marine environment from harmful substances

233A: Power to prohibit transfer of oil or noxious liquid substance

You could also call this:

"Stopping Harmful Ship Transfers to Protect the Ocean"

Illustration for Maritime Transport Act 1994

The Director can stop oil or noxious liquid substances from being transferred to or from a ship in New Zealand waters if they think it will harm the marine environment. You can think of the marine environment as the ocean and all the creatures that live in it. The Director makes this decision if they believe the transfer will cause harm. The Director has the power to make this decision in the internal waters, the territorial sea, or the exclusive economic zone of New Zealand. If the owner of the ship does not agree with the Director's decision, they can appeal to the District Court under section 424. The owner has the right to appeal against the prohibition, which means they can ask the court to review the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5691076.

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Environment and resources > ConservationEnvironment and resources > Climate and energyTransport and travel > Boating

Part 19Protection of marine environment from harmful substances
Powers of Director in relation to protection of marine environment from harmful substances

233APower to prohibit transfer of oil or noxious liquid substance

  1. The Director may prohibit the transfer of any oil or noxious liquid substance from or to any ship in the internal waters, the territorial sea, or the exclusive economic zone of New Zealand if the Director believes on reasonable grounds that the transfer will pose an unreasonable threat of harm to the marine environment.

  2. The owner may appeal against a prohibition under subsection (1) to the District Court under section 424.

Notes
  • Section 233A: inserted, on , by section 43 of the Maritime Transport Amendment Act 2013 (2013 No 84).
  • Section 233A(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).