Maritime Transport Act 1994

Local regulation of maritime activity - Wrecks

33L: Removal of abandoned ships

You could also call this:

"What happens to abandoned ships in New Zealand and who is responsible for removing them"

If you own a ship in New Zealand, you need to take care of it. If you abandon your ship, the regional council can remove it. The council can store, sell, or get rid of the ship.

The council must try to find the owner of the ship. They will look for the ship's name, any special numbers or letters, and other details. They will also try to contact the owner to tell them what is happening to the ship.

The council must put a notice in the newspaper to say they are going to sell the ship. The notice must include the ship's name, a description of the ship, and other details. If the ship is registered under the Ship Registration Act 1992, the notice must also include the owner's name.

If someone buys the ship, they become the new owner. The council can use some of the money from the sale to pay for the costs of removing and selling the ship. If the owner wants their ship back, they must pay the council for the costs first. The council can also take the owner to court to get their money back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5691718.


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Part 3ALocal regulation of maritime activity
Wrecks

33LRemoval of abandoned ships

  1. This section applies where any ship (including a ship that is anchored or moored)—

  2. is in waters within the region of a regional council; and
    1. appears to have been abandoned by its owner.
      1. The regional council may remove, store, sell, or otherwise dispose of the ship in accordance with this section.

      2. The regional council may remove and store the ship (pending sale or other disposal) if—

      3. the council has notified the New Zealand Police of the proposal to remove the ship; and
        1. more than 1 month has elapsed since the council affixed a notice to the ship advising the owner that the ship may be removed, and sold or otherwise disposed of, in accordance with this section.
          1. The regional council must make reasonable efforts to—

          2. identify the owner and the ship's port of registry (if any) by reference to any of the following particulars if they are on or in the ship:
            1. the ship's name:
              1. any distinctive number or letters:
                1. the ship's IMO ship identification number:
                  1. the ship's port of registry:
                    1. the ship's registration certificate:
                      1. any other certificate issued in respect of the ship in accordance with an international maritime convention:
                        1. if the ship is moored, any mooring or berthing contracts; and
                        2. give notice to the owner of the ship of the council's intention to sell or otherwise dispose of the ship.
                          1. The regional council must notify its intention to sell or otherwise dispose of the ship in 2 issues of a daily newspaper circulating in the region in which the ship is situated.

                          2. Any notice under this section must contain—

                          3. the name of the ship (if known); and
                            1. a reasonable description of the ship, including its length and any distinctive numbers or letters; and
                              1. the ship's IMO ship identification number (if known); and
                                1. if applicable, the place from which the ship was removed under subsection (3); and
                                  1. if the ship is currently registered under the Ship Registration Act 1992, the name of the owner.
                                    1. If, after a search of the relevant ship register, the ship is found to be subject to a security interest, the regional council must, before selling or otherwise disposing of the ship, notify the holder of that interest of its intention to sell or otherwise dispose of the ship.

                                    2. The regional council may sell or otherwise dispose of a ship if—

                                    3. it has complied with subsections (4) to (7); and
                                      1. more than 1 month has elapsed since the date of the second notice under subsection (5).
                                        1. A person to whom a ship is sold or disposed of under subsection (8) becomes the lawful owner of the ship.

                                        2. The regional council may reimburse itself from the proceeds of any sale under subsection (8) for any actual expenses incurred in removing, storing, and selling the ship (but must pay any balance owing to the owner of the ship).

                                        3. If any ship is removed, sold, or otherwise disposed of, under this section, the owner must reimburse the regional council for any actual expenses incurred by the council in removing, storing, selling, or otherwise disposing of the ship, and, if the ship is claimed by the owner before it is sold or otherwise disposed of under this section, those expenses are payable before the owner takes delivery of the ship.

                                        4. The regional council may recover any actual expenses incurred in removing, storing, selling, or otherwise disposing of a ship under this section as a debt owed by the owner in any court of competent jurisdiction.

                                        5. This section is subject to sections 33J and 33K.

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