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"

If you operate or do something at a commercial port in a way that causes unnecessary danger to a ship or people on it, you can get in trouble. This also applies if you let someone else do something at a commercial port that causes unnecessary danger. You can commit an offence if you do not follow the rules of the Maritime Transport Act when it comes to commercial ports and this puts ships or people at risk.

If you break the rules, you might have to pay a fine or even go to jail, depending on who you are and what you did. As an individual, you could be fined up to $10,000 or jailed for up to 12 months. If you are a company, you could be fined up to $100,000. You might also have to pay an additional penalty under section 409.

You should be careful when working at or using a commercial port to make sure you are not putting anyone or anything at risk.

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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=DLM5691742.


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

"Rules to keep ports safe and prevent accidents"


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33W: Crown harbours and facilities, or

"Rules for harbours and boat facilities owned by the New Zealand government"

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).