2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

barge means any barge, lighter, or like vessel that does not have any means of self-propulsion

beneficial interests includes interests arising under contract, and other equitable interests

certificate of clearance means a certificate of clearance issued under the Customs and Excise Act 2018

certificate of registration means a certificate of registration granted under section 23(2); but does not include a provisional certificate of registration

certificate of registry means a certificate of registry granted under section 23(1); but does not include a provisional certificate of registry

coastal waters means—

(a)

all waters within the exclusive economic zone of New Zealand; and

(b)

the territorial sea of New Zealand; and

(c)

the internal waters of New Zealand

Customs officer has the meaning given to it by section 5(1) of the Customs and Excise Act 2018

demise charter, in relation to a ship, means the demise, letting, hire, or delivery of the ship to the charterer, by virtue of which the charterer has whole possession and control of the ship, including the right to appoint its master and crew

Deputy Registrar means a Deputy Registrar of Ships appointed under section 62

Director means the person who is for the time being the Director of Maritime New Zealand under the Maritime Transport Act 1994

enemy means any country, or any armed force, or any authority or government controlling any such force, with which New Zealand, or any force acting in co-operation with any part of the Armed Forces of New Zealand, is at war or is engaged in armed combat operations; and includes—

(a)

any member of any such armed force or any member of that authority or government, as the case may be:

(b)

any person materially assisting that country, force, authority, or government in its war effort or armed combat operations:

(c)

any ally of that country, force, authority, or government:

(d)

all pirates:

(e)

all armed persons who are engaged in any mutiny, rebellion, or riot against New Zealand or against any Service authority of the Armed Forces of New Zealand or against any ally of New Zealand

foreign country means a country other than New Zealand

foreign port means a port outside New Zealand

gross tonnage, in relation to any ship, means—

(a)

the gross tonnage of that ship determined or recognised in accordance with the provisions of the Maritime Transport Act 1994; or

(b)

where a ship has been assigned alternative gross tonnages, the higher of those gross tonnages

marine flag of New Zealand means the red ensign usually worn by merchant ships registered in the United Kingdom, with the addition on the fly of the Southern Cross as represented by 4 5-pointed white stars

Minister means the Minister of Transport

net tonnage, in relation to any ship, means—

(a)

the net tonnage of that ship determined or recognised in accordance with the provisions of the Maritime Transport Act 1994; or

(b)

where a ship has been assigned alternative net tonnages, the higher of those net tonnages

New Zealand Flag means the New Zealand Flag as depicted in Schedule 1 of the Flags, Emblems, and Names Protection Act 1981

New Zealand Government ship means a ship that belongs to Her Majesty or is held by any person on behalf of or for the benefit of Her Majesty; but does not include a ship that is set aside for or used by the Armed Forces of New Zealand

New Zealand national means—

(a)

a New Zealand citizen:

(b)

a body corporate established by or under the law of New Zealand:

(c)

the Executive Government of New Zealand

New Zealand national colours means the national colours specified in subsection (1) or subsection (2) of section 58

New Zealand-owned ship has the meaning ascribed to that term by section 3

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

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

office copy, in relation to any document, means a copy of the document that appears to have been certified by the person who made or issued the document or by a person who appears to have power to make or issue the document

overall length, in relation to a ship, means the length of the ship measured from the foreside of the head of the stem to the aftermost part of the transom or stern of the ship

owner means,—

(a)

in relation to a ship registered under this Act or under the laws of a foreign country, the registered owner:

(b)

in relation to any other ship, the person or persons having the right to manage the ship

pleasure vessel means a ship that is used exclusively for the owner’s pleasure or as the owner’s residence, and is not offered or used for hire or reward; but does not include—

(a)

a ship that is provided for transport or sport or recreation by or on behalf of any institution, hotel, motel, place of entertainment, or other establishment; or

(b)

a ship that is used on any voyage for pleasure if it is normally used or intended to be normally used as a fishing vessel or for the carriage of passengers or cargo or for hire or reward; or

(c)

a ship that is operated or provided by any club, incorporated society, trust, or business under any time share, charter, or similar arrangement

port of registry, in relation to a ship, means the port that is for the time being entered in the Register as the port of registry of that ship

prescribed form means a form prescribed by the Director under section 84

proper officer, in relation to a port in a foreign country, means the person who—

(a)

is a person recognised by Her Majesty as a consular officer of that country; or

(b)

is by the law of that country authorised or required 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

(c)

is by the law of that country authorised or required to do or perform, in relation to any ship 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; or

(d)

is appointed or recognised under section 85 as a proper officer for the purposes of this Act

provisional certificate of registration means a provisional certificate of registration granted under section 27

provisional certificate of registry means a provisional certificate of registry granted under section 27

Register means the New Zealand Register of Ships established under section 65; and includes any part of the Register

register length, in relation to any ship, means the length of the ship measured from the foreside of the head of the stem to the aft side of the head of the stern post or, in the case of a ship not having a stern post, to the foreside of the rudder stock:

provided that, in the case of a ship not having a stern post or rudder stock, the after terminal point shall be taken to be the aftermost part of the transom or stern of the ship

registered means registered under this Act; and unregistered has a corresponding meaning

Registrar means the Registrar of Ships appointed under section 61

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

temporary pass means a temporary pass granted under section 29

the tonnage regulations means any rules or regulations for the time being in force under the Maritime Transport Act 1994 in relation to tonnage.

(2)

In this Act, unless the context otherwise requires, a reference to the owner of a ship shall, if there is more than 1 owner of the ship, be read as a reference to each of the owners.

Section 2(1) certificate of clearance: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 2(1) Collector of Customs: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 2(1) Customs officer: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 2(1) Customs officer: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 2(1) Director: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) Director: amended, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Section 2(1) gross tonnage paragraph (a): amended, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) net tonnage paragraph (a): amended, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) prescribed form: amended, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) proper officer of Customs: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 2(1) ship: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) Superintendent of Mercantile Marine: repealed, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) surveyor of ships: repealed, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).

Section 2(1) the tonnage regulations: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104).