Maritime Transport Act 1994

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Part 1 Preliminary provisions

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accident means an occurrence that involves a ship and in which—

(a)

a person is seriously harmed as a result of—

(i)

being on the ship; or

(ii)

direct contact with any part of the ship, including any part that has become detached from the ship; or

(iii)

direct exposure to the wash of the ship or interaction (other than direct contact) between 2 ships; or

(iv)

being involved in the salvage of any ship—

except where the injuries are self-inflicted or inflicted by other persons, or when injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

(b)

the ship sustains damage or structural failure that—

(i)

adversely affects the structural strength, performance, or seaworthiness of the ship; or

(ii)

would normally require major repair or replacement of the affected component; or

(iii)

poses a threat to the safety of people on board the ship; or

(c)

there is a complete or partial failure of machinery or equipment that affects the seaworthiness of the ship; or

(d)

there is a loss of, or damage to, or movement of, or change in the state of, the cargo of the ship which poses a risk to the ship or other ships; or

(e)

there is a significant loss of, or significant damage to, property (not being the cargo carried by the ship) or the property of any person (whether or not on board the ship), whether or not the loss or damage arises from an interaction between 2 ships; or

(f)

there is a loss or escape of any substance or thing that—

(i)

may result, or has resulted, in serious harm to any person; or

(ii)

may pose a risk, or has resulted in damage, to the ship or other ships; or

(iii)

may pose a risk, or has resulted in damage, to any property (whether or not on board the ship); or

(g)

a person is lost at sea (whether or not subsequently found) or is missing; or

(h)

the ship is foundering, capsizing, being abandoned, stranding, missing, or has foundered, capsized, been abandoned, stranded, been in a collision, or has had a major fire on board

aircraft has the same meaning as in the Civil Aviation Act 1990

Articles of Agreement means an agreement between an employer and 1 or more seafarers setting out the terms and conditions of the seafarers’ employment

Authority means the authority continued by section 429

ballast water has the meaning given to it in section 246A(1)

commercial ship means a ship that is not—

(a)

a pleasure craft; or

(b)

solely powered manually; or

(c)

solely powered by sail

continental shelf or continental shelf of New Zealand has the same meaning as in the Continental Shelf Act 1964

conventions, in relation to this Part and Parts 2 to 15, means such conventions as may be declared for the purposes of any such Part by Order in Council pursuant to subsection (2); and includes the amendments to such conventions, being amendments to which New Zealand is a party that are declared in the same manner

crew means the persons employed or engaged in any capacity on board a ship (except a master, a pilot, or a person temporarily employed on the ship while it is in port)

demise charter has the same meaning as in section 2(1) of the Ship Registration Act 1992

Director means the person who is for the time being the Director of Maritime New Zealand under section 439

emergency rules means emergency maritime rules or emergency marine protection rules

employer means a person who employs or engages any other person (other than a person temporarily employed on the ship while it is in port or a pilot) to do any work for hire or reward on board a commercial ship or pleasure craft

fail includes refuse; and failure includes refusal

fishing ship means a ship used for catching fish, whales, seals, or other living resources of the sea for profit; and includes a ship that is recognised by the Director as being engaged in fisheries research

foreign ship means any ship that is not a New Zealand ship

gross tonnage or gross tons, in relation to a ship, means the gross tonnage of that ship determined or recognised in accordance with the provisions of this Act or any maritime rules

harbour

(a)

means any natural or artificial harbour; and

(b)

includes any place in or at which ships can or do obtain shelter

harbourmaster, in relation to a port, a harbour, or other waters in a region, means any person appointed as a harbourmaster of that port or harbour, or those waters, under Part 3A

harm means illness, injury, or both; and to harm and harmed have corresponding meanings

hazard means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether or not arising or caused on board a ship) that is an actual or potential cause or source of harm; and hazardous has a corresponding meaning

incident means any occurrence, other than an accident, that is associated with the operation of a ship and affects or could affect the safety of operation

internal waters of New Zealand means the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

load lines means the marks indicating several maximum depths to which a ship is permitted to be loaded in various circumstances prescribed by maritime rules or regulations made under this Act

marine protection rules means marine protection rules made by the Minister under Part 27; and includes emergency marine protection rules made by the Director under section 391

maritime document

(a)

means any licence, permit, certificate or other document issued under Part 5 to or in respect of any person, ship, cargo, maritime procedure, or maritime product; and

(b)

includes any foreign licence, permit, certificate, or other document recognised by the Director under section 41 or accepted by the Director under section 42

maritime product means anything that comprises or is intended to comprise any part of a ship or that is or is intended to be installed in or fitted or supplied to a ship; and includes—

(a)

safety equipment:

(b)

nautical instruments and publications, whether or not computerised or electronic, used or intended to be used in the operation of a ship:

(c)

electronic navigational aids used or intended to be used in the operation of a ship:

(d)

radio and other communication equipment:

(e)

fuel and other similar consumable items necessary for the operation of a ship

maritime rules means maritime rules made by the Minister under Part 4; and includes emergency maritime rules made by the Director under section 37

master means any person (except a pilot) having command or charge of any ship

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

mishap means an event that—

(a)

causes any person to be harmed; or

(b)

in different circumstances, might have caused any person to be harmed

nautical instruments and publications means those instruments and publications (including computerised or electronic instruments and publications) used or intended to be used in the navigation of a ship

navigation bylaws means bylaws made (or deemed to have been made) under Part 3A

navigational aid includes—

(a)

any lightship and any floating or other light exhibited for the guidance of ships:

(b)

any description of a fog signal not carried on a ship:

(c)

all marks and signs in aid of marine navigation:

(d)

any electronic, radio, or other aid to marine navigation not carried on board any ship

New Zealand-based operator means—

(a)

a New Zealand national who is ordinarily resident or carries on business in New Zealand; or

(b)

a New Zealand national who is ordinarily resident in New Zealand and any other person where the New Zealand national is in a position to control the exercise of the rights and powers of the charterers under the charterparty

New Zealand Defence Force has the same meaning as the term Defence Force in section 2(1) of the Defence Act 1990

New Zealand national has the same meaning as in section 2(1) of the Ship Registration Act 1992

New Zealand ship means a ship that is registered under the Ship Registration Act 1992; and includes a ship that is not registered under that Act but is required or entitled to be registered under that Act

New Zealand waters means—

(a)

the territorial sea of New Zealand; and

(b)

the internal waters of New Zealand; and

(c)

all rivers and other inland waters of New Zealand

operate, in relation to a ship, means to sail or use the ship, or cause or permit the ship to sail, be used, or be in any place, whether or not the person is present with the ship; and operating, operation, and operator have corresponding meanings

operating in New Zealand waters means any activity undertaken in New Zealand waters that involves calling in to a New Zealand port; but does not include the passage by a ship through New Zealand waters that does not involve calling in to a New Zealand port

owner,—

(a)

in relation to a ship registered in New Zealand under the Ship Registration Act 1992, means the registered owner of the ship:

(b)

in relation to a ship registered in any place outside New Zealand, means the registered owner of the ship:

(c)

in relation to a fishing ship, other than one to which paragraph (a) or paragraph (b) applies, means the person registered as the owner in the Fishing Vessel Register kept under section 98 of the Fisheries Act 1996:

(d)

in relation to a ship to which paragraph (a) or paragraph (b) or paragraph (c) applies, where, by virtue of any charter or demise or for any other reason, the registered owner is not responsible for the management of the ship, includes the charterer or other person who is for the time being so responsible:

(e)

in relation to an unregistered ship or a registered ship that does not have a registered owner, means the person who is for the time being responsible for the management of the ship

passenger means any person carried on a ship, other than—

(a)

the master and members of the crew, and any other person employed or engaged in any capacity on board the ship on the business of the ship:

(b)

a person on board the ship either in pursuance of an obligation laid upon the master to carry shipwrecked, distressed, or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled:

(c)

a child under the age of 1 year

pilot, in relation to any ship, means any person not being the master or a member of the crew of the ship who has the conduct of the ship

plant includes—

(a)

appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle:

(b)

part of any plant, the controls of any plant, and anything connected to any plant

pleasure craft

(a)

means a ship that is not offered or used for hire or reward, and is used exclusively for—

(i)

the owner’s pleasure or as the owner’s residence; or

(ii)

recreational purposes by—

(A)

the members of a club that owns the ship:

(B)

the beneficiaries of a trust that owns the ship:

(C)

the members of an incorporated society that owns the ship; but

(b)

excludes a ship that is—

(i)

provided for transport, sport, or recreation by, or on behalf of, an institution, hotel, motel, place of entertainment, or other establishment or business:

(ii)

used on a voyage for pleasure if the ship is normally used, or intended to be normally used, as a fishing ship or for the carriage of passengers or cargo for hire or reward:

(iii)

operated or provided by—

(A)

a club, incorporated society, or trust for non-recreational purposes; or

(B)

a business

port

(a)

means an area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and

(b)

includes any place in or at which ships can or do—

(i)

load or unload goods:

(ii)

embark or disembark passengers; and

(c)

also includes a harbour

prescribed means prescribed by this Act or by regulations or rules made under this Act

proper officer, in relation to any country other than New Zealand, means the person who is, by the law of that country, authorised or required—

(a)

to do or perform the act or duty to which reference is made in the provisions of this Act in which the expression occurs; or

(b)

to do or perform, in relation to ships registered in or belonging to that country, any act or duty of the same nature as the act or duty to which reference is made in the provisions of this Act in which the expression occurs;—

and includes a consular officer of New Zealand in any other country

reward,—

(a)

in the definition of the term employer and in the definition of the term seafarer, and in section 125(1), means any remuneration, recompense, or other payment for service (whether of money or money’s worth):

(b)

in the definition of pleasure craft,—

(i)

includes the payment (whether of money or money’s worth and whether directly or indirectly) of a contribution towards the expenses of a voyage—

(A)

to, or for the benefit of, the owner or master of a ship:

(B)

by or on behalf of persons carried, or the owners of cargo carried, on board the ship during the voyage; but

(ii)

does not include the payment of contributions for the use of a ship exclusively for recreational purposes by—

(A)

an owner of the ship; or

(B)

a member of a club, an incorporated society, or a trust that owns the ship

rules includes maritime rules and marine protection rules

safety equipment means any equipment carried on a ship for the health or safety of any person during the normal operation and working of the ship or for fire or the abandonment of the ship or other emergency; and includes anchors and chain cables

seafarer

(a)

means any person who—

(i)

is employed or engaged on any ship in any capacity for hire or reward; or

(ii)

works on any ship for gain or reward otherwise than under a contract of employment; but

(b)

does not include a pilot or any person temporarily employed on a ship while it is in port

seaplane includes a flying boat and any other aircraft designed to manoeuvre on the water

Secretary means the chief executive of the Ministry

serious harm means—

(a)

death; or

(b)

a notifiable injury or illness as defined in section 23 of the Health and Safety at Work Act 2015

ship means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes—

(a)

a barge, lighter, or other like vessel:

(b)

a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates:

(c)

a submarine or other submersible

system, in relation to a ship, means any system incorporated in the ship which contributes to the safe navigation and working of the ship during normal operation or is required in the event of any emergency

territorial sea of New Zealand or territorial sea means the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

tonnage measurement means measurement of a ship in accordance with the requirements of maritime rules

unit of account means 1 special drawing right as defined by the International Monetary Fund, the calculation of which, in New Zealand currency, is in accordance with section 88

voyage means a journey by water from one port—

(a)

to another port; or

(b)

back to the same port without calling at any other port

warship

(a)

means a ship belonging to the armed forces of a State and bearing the external marks distinguishing the nationality of ships of that State, being a ship—

(i)

under the command of an officer duly commissioned by the Government of that State whose name appears in the appropriate service list or its equivalent; and

(ii)

crewed by crew subject to regular armed forces discipline; and

(b)

includes any ship requisitioned under section 10 of the Defence Act 1990; but

(c)

does not include any ship operated by the New Zealand Defence Force that operates, for the time being, for a commercial purpose.

(2)

The Governor-General may from time to time, by Order in Council, declare—

(a)

that any specified international convention relating to maritime transport, to which New Zealand is a party, shall be a convention for the purposes of this Part and Parts 2 to 15, or such of them (or their provisions) as may be specified in the order:

(b)

that any specified amendment to any such convention shall form part of that convention for any such purposes.

Compare: 1952 No 49 s 2; 1987 No 184 s 2(1)

Section 2(1) all practicable steps: repealed, on 5 May 2003, by section 35(1)(b) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) Authority: substituted, on 1 July 2005, by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) ballast water: inserted, on 8 September 2017, by section 86(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 2(1) demise charter: inserted, on 15 December 2005, by section 3 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 2(1) Director: amended, on 1 July 2005, by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) harbour: inserted, on 23 October 2013, by section 5(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) harbourmaster: inserted, on 23 October 2013, by section 5(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) internal waters of New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

Section 2(1) Minister: substituted, on 1 December 2004, by section 3(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) Ministry: substituted, on 1 December 2004, by section 3(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) navigation bylaws: inserted, on 23 October 2013, by section 5(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) New Zealand-based operator: inserted, on 15 December 2005, by section 3 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 2(1) New Zealand national: inserted, on 15 December 2005, by section 3 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).

Section 2(1) owner paragraph (c): amended, on 23 October 2013, by section 5(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) pleasure craft: replaced, on 23 October 2013, by section 5(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) port: replaced, on 23 October 2013, by section 5(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) reward paragraph (b): replaced, on 23 October 2013, by section 5(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 2(1) Secretary: inserted, on 1 December 2004, by section 3(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) serious harm: replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Section 2(1) significant hazard: repealed, on 5 May 2003, by section 35(1)(b) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 2(1) territorial sea of New Zealand or territorial sea: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).