Maritime protection - legislation, regulations and conventions
This page gives an overview of marine environment protections that apply in New Zealand.
New Zealand’s protection regulations, standards and legislation
New Zealand’s marine environment protection legislation includes the:
- Resource Management Act 1991
- Maritime Transport Act 1994
- Exclusive Economic Zone and Extended Continental Shelf (Environmental Effects) Act 2012.
Associated coastal plans, marine protection rules, and regulations under these Acts provide much of the detail on marine environment protection.
The overarching goal of the rules is to limit the input of harmful substances into the sea, from for example:
- oil (cargo and fuel for ships’ engines)
- chemicals from the cargo tanks of tankers carrying industrial bulk liquids
- oil and chemicals from offshore minerals activities
- sewage from passengers and crew
- garbage, such as food scraps from ships’ galleys.
Compliance and enforcement
Maritime NZ monitors and enforces ships’ compliance with marine protection legislation beyond the New Zealand territorial sea. Visiting foreign ships must also meet the international standards New Zealand has adopted.
Maritime NZ also assesses applications for dumping wastes on the high seas by New Zealand-flagged vessels.
The Environmental Protection Authority (EPA) manages environmental effects from offshore minerals activities that take place in the New Zealand exclusive economic zone or on the extended continental shelf. The EPA also regulates the dumping of waste at sea within these zones.
Within 12 nautical miles from shore (the New Zealand territorial sea), discharges from ships and offshore installations are generally regulated by the Resource Management Act 1991, regional coastal plans, and marine pollution regulations made under this Act. Regional councils monitor and enforce these requirements. Councils also consider applications for permits to dump waste at sea within this zone.
Biosecurity New Zealand, part of the Ministry for Primary Industries (MPI), administers the Biosecurity Act 1993. This Act sets requirements for hull fouling in New Zealand waters from ships arriving from overseas.
International marine environment protection conventions
The key international marine environment protection conventions recognised in New Zealand law are as follows.
MARPOL 73/78
The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78), is the main international convention to prevent ship-sourced pollution.
MARPOL has technical annexes that regulate:
- prevention of pollution by oil – Annex I
- control of pollution by noxious liquid substances – Annex II
- prevention of pollution by harmful substances carried in packaged form – Annex III
- prevention of pollution by sewage from ships – Annex IV
- prevention of pollution by garbage – Annex V
- prevention of air pollution from ships – Annex VI.
New Zealand law gives effect to Annexes I, II, III, V, and VI, and regulates discharges of oil, chemicals, marine pollutants in packaged form, garbage, and air pollution.
Annex IV is given effect for ships in New Zealand that are leaving for, or arriving from, the Antarctic Sea area only.
The requirements of Annex VI are being phased in progressively from 26 August 2022 through Marine Protection Rules Part 199: Preventing Air Pollution from Ships.
There is no international convention that comprehensively regulates the environmental standards of offshore installations. Some MARPOL controls apply to installations, including management of oily waste from machinery spaces, garbage, and now air pollution. More significant waste streams, such as discharges of production water, offshore processing drainage, and displacement water, are left to national regulation.
New Zealand’s controls for these discharges are in line with international good practice.
The Ballast Water Management Convention
The International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention) requires parties to take appropriate measures to protect the marine environment from harmful organisms and pathogens.
As a party to the BWM Convention, New Zealand must:
- Ensure that ships entitled to fly New Zealand’s flag have arrangements in place to prevent the transfer of harmful aquatic organisms and pathogens when on international voyages.
- Specific requirements include ensuring:
- ships have appropriate systems on board to prevent the transfer of harmful organisms and pathogens
- ships have appropriate management plans and record books on board
- operators train their crew to operate the on board systems appropriately
- operators maintain their equipment appropriately
- ships are surveyed and certified that the above requirements are met.
- Inspect foreign vessels entering New Zealand to ensure they are meeting the requirements of the convention.
The 1996 Protocol
The 1996 Protocol is the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. It is known as the London Protocol.
- The protocol prohibits dumping of all waste except a restricted group of materials, and then only when:
- there are no practical opportunities for reuse or recycling, and
the effects of dumping on the marine environment will be minor.
- Wastes covered by the protocol include:
- dredged material
- sewage sludge
- fish waste from industrial fish processing operations
- vessels, platforms, and other man-made structures at sea
- inert, inorganic geological material
- organic material of natural origin
- bulky items that are mainly iron, steel, concrete, and similar harmless materials
CO2 streams from CO2 capture processes for sequestration.
- In New Zealand, responsibility for assessing applications to dump wastes at sea is shared between three regulators:
- within the territorial sea, the regional council
- within the exclusive economic zone and on the extended continental shelf, the EPA
on the high seas, for New Zealand-flagged vessels, Maritime NZ.
OPRC
The International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (OPRC) requires parties to take appropriate measures to prepare for, and respond to, oil pollution incidents.
As a party to OPRC, New Zealand must make sure the following have oil pollution emergency plans:
- ships entitled to fly New Zealand’s flag
- operators of offshore units under New Zealand’s jurisdiction
- operators of sea ports and oil-handling facilities under New Zealand’s jurisdiction
Establish reporting obligations for masters, maritime inspectors, persons in charge of an offshore unit, persons in charge of sea ports and oil-handling facilities and the pilots of civil aircraft in relation to discharges of oil at sea;
- establish procedures for responding to reports of discharges of oil at sea
- establish systems for responding to discharges of oil at sea
- cooperate with other parties and provide advisory services, technical support, and equipment to respond to an oil pollution incident when its severity justifies this, if requested by an affected party
- cooperate with other parties on the exchange of research and development
- provide support to parties that request technical assistance
develop bilateral and multilateral agreements for oil pollution preparedness and response.