Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

Local regulation of maritime activity - Port operations

33U: Prohibition or conditions on use or operation of port facilities

You could also call this:

"Rules to keep ports safe and prevent accidents"

The Director can stop you from using a port or make rules for using it if they think it is not safe. They can do this if they think the port might cause an accident, or if the people working at the port do not know how to keep everyone safe. The Director can also make rules if someone is not following the rules they already made.

The Director can only make these rules for as long as they need to, to keep everyone safe and prevent pollution. They need to tell the people who own or run the port why they are making these rules and they need to tell others who need to know. You can appeal to the District Court if you do not agree with the Director's decision, under section 424.

If you do not follow the rules, you can get in trouble and have to pay a fine or even go to prison. The fine can be up to $10,000 for an individual or up to $100,000 for a company. You will only get in trouble if you do not have a good reason for not following the rules.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM5691740.

Previous

33T: Inspections and audits of port operations, or

"Checking ports are safe and clean"

Next

33V: Dangerous activity at commercial port, or

"Don't put ships or people in danger at a commercial port"

Part 3ALocal regulation of maritime activity
Port operations

33UProhibition or conditions on use or operation of port facilities

  1. The Director may prohibit or impose conditions on the use or operation of any commercial port if the Director reasonably believes that—

  2. the operation or use of that port, or any activity or operational, maintenance, or servicing procedure at that port, is likely to cause, has caused, or is likely to have caused an accident:
    1. port personnel are not familiar with procedures essential for ensuring maritime safety or preventing marine pollution:
      1. conditions previously imposed under this subsection are not being met.

        1. A prohibition or condition imposed under subsection (1) may be maintained only for so long as is necessary in the interests of—

        2. ensuring maritime safety:
          1. protecting the health or safety of any person on a ship or at sea:
            1. preventing marine pollution.

              1. Despite subsection (2), any document, information, or object that is required for evidence in any prosecution under this Act may be retained by the Director for any period that the Director considers necessary for that purpose.

              2. The Director must—

              3. notify the prohibitions or conditions made under this section to the persons he or she considers necessary in the manner the Director considers appropriate in the circumstances:
                1. provide the owner or the person for the time being in charge of the port with the reasons, in writing, for the prohibition or conditions.

                  1. A person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424.

                  2. Every person who, without reasonable excuse, acts in contravention of or fails to comply with any prohibition or condition imposed under this section commits an offence and is liable,—

                  3. in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
                    1. in the case of a body corporate, to a fine not exceeding $100,000.

                      Compare
                      Notes
                      • Section 33U: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 33U(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).