Maritime Transport Act 1994

Local regulation of maritime activity - Port operations

33V: Dangerous activity at commercial port

You could also call this:

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

Illustration for Maritime Transport Act 1994

You can commit an offence if you operate or maintain a commercial port in a way that causes unnecessary danger to ships or people. You can also commit an offence if you let someone else operate or maintain a commercial port in a way that causes unnecessary danger. If you break this rule, you might have to pay a fine or go to prison, and you might also have to pay an additional penalty under section 409.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5691742.

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Part 3ALocal regulation of maritime activity
Port operations

33VDangerous activity at commercial port

  1. Every person commits an offence who operates, maintains, or services a commercial port, or who does any other act in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.

  2. Every person commits an offence who causes or permits a commercial port to be operated, maintained, or serviced, or who causes or permits any other act to be done in respect of a commercial port, in a manner that causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.

  3. Every person commits an offence who fails to comply with a requirement of this Act in respect of a commercial port and that failure causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea, irrespective of whether any injury or damage occurs.

  4. Every person commits an offence who omits to act, or who causes or permits another person to omit to act, in respect of a commercial port, knowing or being reckless as to whether danger or risk is caused to any ship or any person or property on a ship or at sea, and the omission causes unnecessary danger or risk to any ship, or any person or property on a ship or at sea.

  5. Every person who commits an offence against this section is liable,—

  6. 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:
      1. in either case, to an additional penalty under section 409.
        Compare
        Notes
        • Section 33V: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).