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Maritime Transport Act 1994

Local regulation of maritime activity - Miscellaneous

33W: Crown harbours and facilities

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"Rules for using harbours and facilities owned by the government"

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The law applies to waters and maritime facilities owned or operated by the Crown. You need to know that the Crown can regulate and charge for using these facilities. The Crown can also make rules to keep people safe. The Minister in charge can make bylaws in accordance with section 33M. You should be aware that the Governor-General can make regulations about using these facilities. These regulations can include rules about leasing, charging fees, and fines for breaking the rules. Maritime facilities include moorings, wharves, and launching ramps. The Minister in charge is different depending on who controls the facilities. For example, if the Department of Conservation is in charge, the Minister of Conservation is responsible. There are rules about how bylaws and regulations are published, as outlined in Part 3 of the Legislation Act 2019. However, if the Minister of Local Government makes bylaws, section 161A(4) of the Local Government Act 2002 applies. This means that the Minister must follow certain rules when making bylaws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5691746.

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Environment and resources > Town planningTransport and travel > Boating

Part 3ALocal regulation of maritime activity
Miscellaneous

33WCrown harbours and facilities

  1. This section applies to waters (including inland waters), maritime facilities, and maritime works that are—

  2. owned or operated by the Crown; and
    1. not subject to the jurisdiction of a local authority.

      1. The Crown may—

      2. regulate, lease, and charge for the use of maritime facilities and maritime works:
        1. exercise maritime safety control over any area:
          1. do any other thing that a regional council or other local authority may do under this Part.

            1. For the purposes of this section, the responsible Minister is,—

            2. in the case of facilities or works under the control or management of the Department of Conservation, the Minister of Conservation:
              1. in the case of waters, facilities, or works under the control or management of the New Zealand Defence Force, the Minister of Defence:
                1. in any other case, the Minister of Local Government.

                  1. The responsible Minister may, in consultation with the Director, make bylaws in accordance with section 33M.

                  2. The Governor-General may, by Order in Council, make regulations relating to the use of the waters, maritime facilities, and maritime works to which this section applies that—

                  3. provide for leasing, or charging for the use of, maritime facilities and maritime works:
                    1. facilitate proof of any document or matter:
                      1. extend periods of time and cure irregularities:
                        1. prescribe forms and fees:
                          1. prescribe fines not exceeding $500 for breaches of the regulations:
                            1. in the case of continuing offences, prescribe further fines not exceeding $50 for every day that the offence continues:
                              1. provide for such other matters as are contemplated by or necessary for giving full effect to the provisions of this section.

                                1. In this section, maritime facilities includes—

                                2. moorings, wharves, docks, quays, marinas, areas, or other places where ships are maintained; and
                                  1. launching ramps; and
                                    1. other launching facilities.

                                      1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                      2. bylaws under subsection (4):
                                        1. regulations under subsection (5).

                                          1. However, section 161A(4) of the Local Government Act 2002 applies if the bylaws are made by the Minister of Local Government and the Minister is the territorial authority for the part of New Zealand to which the bylaws apply.

                                          Compare
                                          Notes
                                          • Section 33W: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                          • Section 33W(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                          • Section 33W(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                          • Section 33W(8): amended, on , by regulation 47 of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).