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Natural Environment Bill

Enforcement and other matters - Enforcement - Restrictions relating to enforcement orders and abatement orders

273: Restrictions on certain applications for enforcement orders and abatement notices

You could also call this:

"Rules about who can ask the court to stop pollution from certain ships"

Illustration for Natural Environment Bill

You cannot apply to the Environment Court for an enforcement order for things done by Maritime New Zealand or people following their instructions. This also applies to things done by on-scene commanders or people following their directions under the Maritime Transport Act 1994. You cannot apply for an order for things done by ship owners or operators following certain directions. You cannot apply to the Environment Court to make someone follow section 23, except if you are the Minister, Director of Maritime New Zealand, or some other special groups. There are rules about applying for orders to pay for costs and expenses related to pollution damage from certain ships. These rules are connected to the Maritime Transport Act 1994. The terms 'pollution damage' and 'CLC ship' have special meanings from the Maritime Transport Act 1994. These meanings are explained in section 342 of that Act. You can find more information about these terms in that section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1529081.

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Topics:
Environment and resources > ConservationTransport and travel > Boating
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Part 6Enforcement and other matters
Enforcement: Restrictions relating to enforcement orders and abatement orders

273Restrictions on certain applications for enforcement orders and abatement notices

  1. No person may apply to the Environment Court for an enforcement order under any of section 258(1)(a) to (d), and no abatement notice may be served on any person, in respect of anything done or to be done,—

  2. by or on behalf of the Director of Maritime New Zealand under section 248 or 249 of the Maritime Transport Act 1994; or
    1. by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
      1. 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
        1. 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.

          1. No person (other than the Minister, the Director of Maritime New Zealand, a local authority, a permit authority, or the EPA) may apply to the Environment Court for an enforcement order to require any person to comply with or cease contravening section 23.

          2. No person may apply for an enforcement order under section 258(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.

          3. In subsection (3), pollution damage and CLC ship have the meanings given in section 342 of the Maritime Transport Act 1994.