Safe Boating: an essential guide
17 March 2010
Maritime New Zealand's current online services.
Every boat, even a kayak or small sailing boat, has a person in charge who is called the skipper (or in legal terms, the master). The skipper is legally responsible for complying with the maritime rules and bylaws, and with relevant regulations relating to the use of the boat and to people on board.
If you have an accident, ignorance of the law is not accepted as an excuse. In serious cases, heavy fines and prison are possible for breaches of maritime rules. Minor infringements are subject to infringement notices and fines.
Almost all rules about behaviour on the water apply to both recreational and commercial vessels alike, with additional requirements for skipper qualifications and vessel standards applied to craft operating commercially.
Seafarer licensing and qualifications
This page provides information relating to the following topics:
Maritime Transport Act
Maritime rules and the “rules of the road on the water”
Marine pollution regulations
Navigation safety bylaws
More information about rules and legislation
The following provides a brief guide to the sections of the Maritime Transport Act that are relevant to recreational boating safety.
The master of every vessel is responsible for safety and for complying with all maritime rules and regulations applicable.
Every New Zealand pleasure vessel departing for a foreign port must be registered. The boat, equipment and crew must meet set safety standards.
The master of every vessel must report all accidents, incidents and mishaps to Maritime New Zealand (MNZ).
The master of any vessel must render assistance to any person in distress but is not required to place their own vessel in serious danger.
MNZ can detain any vessel or maritime product, or impose conditions on its use, provided there are clear safety grounds for doing so.
It is an offence to operate or maintain any vessel or maritime product in a way that causes any unnecessary danger or risk to any other person or property, irrespective of whether any injury or damage occurs.
Maritime Transport Act 1994 [New Zealand Legislation: Acts]
Everyone that takes a boat out on the water should know what the Collision Prevention rules are in the same way that you need to know the rule of the road before you set off in the car.
The Collision Prevention Rules are international and apply in all navigable waters at all times.
Where local authorities have taken jurisdiction and Navigation Safety Bylaws are in place, Maritime Rules Part 91 does not apply. Navigation Safety Bylaws carry the same legal status as a maritime rule. They must not conflict with Maritime Rules Part 91.
Under the Resource Management Act, these regulations apply restrictions to the discharge of sewage, garbage and other substances from small craft into the sea.
Marine pollution regulations – discharge of sewage in coastal marine area [New Zealand Legislation: Acts]
Most areas in New Zealand are subject to navigation safety bylaws. The bylaws must be consistent with Maritime Rules Part 91 and also contain other requirements relevant to each specific region.
For more information you can:
You can also email your questions about rules and legislation to: recreational.boating@maritimenz.govt.nz
