22.2 Definitions

(1) In this Part—

Act means the Maritime Transport Act 1994:

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

all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that are reasonably practicable to take in the circumstances, having regard to—

(a) the nature and severity of the harm that may be suffered if the result is not achieved; and

(b) the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the end result is not achieved; and

(c) the current state of knowledge about harm of that nature; and

(d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of those means; and

(e) the availability and cost of each of the means referred to in paragraph (d) of this definition:

breadth means greatest breadth of a vessel:

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):

Director means the person who is for the time being the Director of Maritime Safety under section 439 of the Maritime Transport Act 1994:

distress means that a vessel or a person is in grave and imminent danger and requires immediate assistance:

dracone means a large flexible cylindrical container, towed by a vessel, used for transporting liquids:

enclosed water limits has the same meaning as in Part 20:

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

high speed vessel means a ship in respect of which a High Speed Craft Safety Certificate has been issued in compliance with the International Code of Safety for High Speed Craft adopted by Resolution MSC.36(63) of the International Maritime Organization’s Maritime Safety Committee dated June 1994, as amended by that committee from time to time:

length, in relation to a vessel, means the vessel’s overall length:

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

mile means a standard nautical mile of 1852 metres:

near the surface of the water, in relation to a WIG craft, means in close proximity to the water such that the craft might come into contact with, or impede the navigation, of other vessels:

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

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:

on the surface of the water in respect of a seaplane that is taking off from, or alighting on the water, means the seaplane is in contact with the water surface:

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) of this definition applies, means the person registered as the owner under section 57 of the Fisheries Act 1983 or section 103 of the Fisheries Act 1996:

(d) in relation to a ship to which paragraph (a) or paragraph (b) or paragraph (c) of this definition 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:

Part means a grouping of rules made under the Maritime Transport Act 1994:

power-driven vessel means any vessel propelled by machinery:

restricted visibility means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or other similar causes:

rules includes maritime rules and marine protection rules:

sailing vessel means any vessel under sail; as long as propelling machinery, if fitted, is not being used:

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

ship means every description of a 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:

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

traffic separation scheme means a scheme published by the International Maritime Organization that separates traffic navigating in one direction in an area from traffic navigating in the opposite or approximately opposite direction in that area:

trawling means the dragging through the water of a dredge net or other apparatus used as a fishing appliance:

underway means that a vessel is not at anchor, or made fast to the shore, or aground:

vessel means—

(a) a ship;

(b) a WIG craft while it is on or near the surface of the water; or

(c) a seaplane while it is on the surface of the water:

vessel constrained by its draught means a power-driven vessel severely restricted in ability to deviate from the course it is following due to its draught in relation to the available depth and width of water:

vessel engaged in fishing means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restrict manoeuvrability but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict the vessel’s manoeuvrability:

vessel not under command means a vessel which through some exceptional circumstances is unable to manoeuvre as required by this Part and is therefore unable to keep out of the way of another vessel:

vessel restricted in its ability to manoeuvre means a vessel which from the nature of its work is restricted in its ability to manoeuvre as required by this Part and is therefore unable to keep out of the way of another vessel and includes but is not limited to—

(a) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline:

(b) a vessel engaged in dredging, surveying or underwater operations:

(c) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway:

(d) a vessel engaged in the launching and recovery of aircraft:

(e) a vessel engaged in mine clearance operations:

(f) a vessel engaged in a towing operation that severely restricts the towing vessel and its tow in their ability to deviate from their course:

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 a 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.

wing-in-ground craft or WIG craft means a multimodal craft that, in its main operational mode, flies—

(a) in close proximity to, and without contact with, the water surface;

(b) by using surface-effect action above the water; and

(c) supported in the air primarily by an aerodynamic lift generated on the wing(s) or the hull of the ship or their parts:

(2) For the purposes of this Part, vessels are insight of one another only if one can be observed visually from the other.