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
3. appears to have been abandoned by its owner.

4. The regional council may remove, store, sell, or otherwise dispose of the ship in accordance with this section.

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

6. the council has notified the New Zealand Police of the proposal to remove the ship; and
7. 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.

8. The regional council must make reasonable efforts to—

9. 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:
   2. any distinctive number or letters:
   3. the ship's IMO ship identification number:
   4. the ship's port of registry:
   5. the ship's registration certificate:
   6. any other certificate issued in respect of the ship in accordance with an international maritime convention:
   7. if the ship is moored, any mooring or berthing contracts; and
10. give notice to the owner of the ship of the council's intention to sell or otherwise dispose of the ship.

11. 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.

12. Any notice under this section must contain—

13. the name of the ship (if known); and
14. a reasonable description of the ship, including its length and any distinctive numbers or letters; and
15. the ship's IMO ship identification number (if known); and
16. if applicable, the place from which the ship was removed under subsection (3); and
17. if the ship is currently registered under the Ship Registration Act 1992, the name of the owner.

18. 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.

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

20. it has complied with subsections (4) to (7); and
21. more than 1 month has elapsed since the date of the second notice under subsection (5).

22. A person to whom a ship is sold or disposed of under subsection (8) becomes the lawful owner of the ship.

23. 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).

24. 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.

25. 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.

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