Part 6Enforcement and other matters
Enforcement: Restrictions relating to enforcement orders and abatement orders
246Restrictions on certain applications for enforcement orders and abatement notices
No person may apply to the Environment Court for an enforcement order under any of section 232(1)(a) to (d), and no abatement notice may be served on any person, in respect of anything done or to be done,—
- by or on behalf of the Director of Maritime New Zealand under section 248 or 249 of the Maritime Transport Act 1994; or
- by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
- by or on behalf of any on-scene commander under section 305 or 311 of that Act or in accordance with a direction given under section 310 of that Act; or
- by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 or 311 of that Act.
No person may apply for an enforcement order under section 232(1)(d) in respect of any actual or reasonable costs and expenses, where the costs and expenses which a person has incurred or is likely to incur constitute pollution damage in respect of which the owner of a CLC ship is liable in damages under Part 25 of the Maritime Transport Act 1994. No order relating to such damage may be made by the Environment Court or any other court in any proceedings (including prosecutions for offences) under this Act.
In subsection (2), pollution damage and CLC ship have the meanings given in section 342 of the Maritime Transport Act 1994.