Maritime New Zealand oil spill response strategy 2006

1. JULY 2006

3. TABLE OF CONTENTS
Foreword .........................................................................................................................................................2
Executive Summary ........................................................................................................................................3
The New Zealand Marine Oil Spill Response Strategy .................................................................................4
Introduction .................................................................................................................................................4
Aim...............................................................................................................................................................4
Key Principles..............................................................................................................................................4
Partnership with Maori ................................................................................................................................5
Waters Covered by this Strategy ..............................................................................................................5
Risk Assessment ........................................................................................................................................6
Contingent Capability .................................................................................................................................8
Sensitive Coastal Resources .....................................................................................................................9
Public Expectations ....................................................................................................................................9
The Oil Pollution Advisory Committee.....................................................................................................10
Strategy Review........................................................................................................................................10
Prevention .................................................................................................................................................10
The New Zealand Marine Oil Spill Response System ................................................................................11
Three-Tiered Approach ............................................................................................................................11
The On-Scene Commander......................................................................................................................14
Spill Notification and Reporting...............................................................................................................14
Spill Assessment and Response Assignment.........................................................................................15
Command and Control.............................................................................................................................16
Response Options....................................................................................................................................16
Oil Spill Response Capability ..................................................................................................................18
Funding and Compensation .....................................................................................................................21
Compliance ...............................................................................................................................................22
International Response Arrangements .....................................................................................................23
Communication .........................................................................................................................................23
Information Management ..........................................................................................................................23
The Rescue Co-ordination Centre New Zealand ....................................................................................24
Maritime Security.......................................................................................................................................24
Appendices ...................................................................................................................................................25
Appendix 1 – Key Functions and Responsibilities of Industry ..............................................................25
Appendix 2 - Key Functions and Responsibilities of Regional Councils..............................................26
Appendix 3 - Key Functions and Responsibilities of Maritime New Zealand .......................................27
Appendix 4 - Key Functions and Responsibilities of the Oil Pollution Advisory Committee (OPAC)..28
Appendix 5 - Agencies with Statutory Roles and/or Responsibilities ..................................................29
Appendix 6 – International Agreements...................................................................................................32
Appendix 7 – Jurisdictions and Responsibilities ...................................................................................33
Appendix 8 – Relationship with the New Zealand Transport Strategy .................................................35
Acronyms ......................................................................................................................................................36
Glossary of Terms ........................................................................................................................................37
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4. FOREWORD
The New Zealand Marine Oil Spill Response Strategy is subject to a five-year formal review process.
This document – the 2006 Marine Oil Spill Response Strategy - is the third revision since it was first
established in 1992. The 2006 Strategy takes into account the most recent New Zealand Marine Oil
Spill Risk Assessment, completed in 2004.
As a nation, New Zealand has a strong affinity with the marine environment and places great
importance on the wide range of cultural, social and economic values associated with its coast.
Unfortunately, the needs and the effects of modern society also put pressure on the very resources we
value so highly. This Strategy forms a single, albeit vital component in the fight against all sources of
marine pollution for which society increasingly has ‘zero tolerance’.
For the review of the 2000 Strategy, a series of stakeholder workshops was first held in 2004. The
aim was to evaluate how successfully the system was working, and seek recommendations for
improvement from those responsible for the Strategy’s implementation. It was encouraging to
discover that the wider response community was generally satisfied with the system, and sought only
minor changes or clarifications. Of course, there have been many improvements, but these could best
be described as evolutionary, rather than revolutionary. The most significant are:
• A change in the format of the National Plan;
• More active involvement of Maritime New Zealand in regional exercises;
• Provision for the establishment of a National Response Team;
• Provision for setting performance measures;
• The ability to develop regional rapid deployment response resources;
• Guidance for decision making concerning places of refuge;
• Formal recognition of the Co-ordinated Incident Management System;
• More clearly defined response escalation and de-escalation criteria;
• Clearer delineation of responsibilities and jurisdictions during responses;
• Incorporation of Maritime New Zealand’s security and search and rescue functions;
• Commitment for relevant staff to gain experience at overseas incidents;
• Confirmation of national border and biosecurity arrangements;
• Definition of the relationship with the New Zealand Transport Strategy.
Successful implementation of the Strategy is dependent upon effective partnerships between the
maritime and oil industries, regional and national government, combined with the continued support of
an increasingly aware public. Since 1992 these relationships have become firmly established, as has
the support of the New Zealand public.
Recent experience with significant maritime incidents such as the Jody F Millennium grounding off
the Gisborne coast in 2002 demonstrated that New Zealand has an effective marine oil spill response
system in place. This updated 2006 Response Strategy will ensure not only that this remains so, but
also that performance continues to evolve and improve yet further.
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5. EXECUTIVE SUMMARY
New Zealand, through Maritime New Zealand and its partners, will respond to a marine oil spill of any
size. The New Zealand Marine Oil Spill Response Strategy sets the overarching framework to achieve
this.
New Zealand’s response capability is based on contingency planning, and is developed and
maintained through partnerships between Maritime New Zealand, regional councils and unitary
authorities, industry, domestic and overseas agencies. The Strategy aims to minimise the impact of
oil pollution on the marine environment within New Zealand’s area of responsibility.
The response system is comprised of three ‘Tiers’, each having the ability to escalate in an integrated
and efficient manner to the next, depending on the scale of the event. Each Tier is required to prepare
contingency plans and a response capability appropriate to their respective levels of responsibility.
• Tier 1 – Industry
• Tier 2 – Regional Councils and Unitary Authorities
• Tier 3 – Maritime New Zealand and International Partners
Maritime New Zealand maintains a domestic response capability based on the findings of successive
marine oil spill risk assessments. If the scale of an incident is beyond the nation’s domestic
capability, arrangements are in place to secure overseas assistance. This relationship is reciprocal, as
New Zealand will be expected to assist its overseas neighbours if requested.
Oil spill preparedness is funded by an industry levy, the Oil Pollution Fund, paid by those sectors
whose activities pose the risk of a marine oil spill. In the event of an oil spill, the polluter is liable for
all reasonable costs associated with the response.
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6. THE NEW ZEALAND MARINE OIL SPILL RESPONSE
STRATEGY
Introduction
The New Zealand Marine Oil Spill Response Strategy outlines the means by which the nation will
respond to a marine oil spill of any size. However few, if any, nations are able to mount credible
responses to major spills alone. Based on the results of comprehensive risk assessments, New
Zealand maintains an appropriate domestic capability to respond to a ‘one-in-one-hundred’ year
event. For larger spills it has established arrangements for international assistance with other nations
through the provisions of the 1990 International Convention on Oil Preparedness, Response and Co-
operation (OPRC). New Zealand’s own commitment to assist its international partners in times of need
is also fundamental to the ongoing success of this reciprocal agreement.
Partnerships also form the foundation of New Zealand’s domestic capability. Neither effective
contingency planning nor successful responses would be possible without the co-operation of
regional authorities or industry, plus a wide range of organisations and individuals with specialist skills.
Aim
The Strategy describes the framework within which an efficient and effective response is provided to
any marine oil spill in New Zealand waters.
Key Principles
The three most important and fundamental principles underlying the Strategy are that:
• The response capability will be maintained and developed through successful relationships and
partnerships between Maritime New Zealand, regional councils and unitary authorities,
government partners, industry and domestic and overseas agencies.
• Protection of human safety, health and welfare is of paramount importance in preparing for and
responding to marine oil spills. This includes the health and safety of the public, industry
personnel and the spill responders;
• Net Environmental Benefit Assessment (NEBA) will underpin the decision making process
concerning response options and clean-up standards.
The other basic principles are that:
• The polluter pays principle is fundamental, so the full, reasonable cost of any spill response,
clean-up and reasonable restoration efforts should be sought from the spiller;
• On-scene commanders should ensure that initial mobilisation is sufficient to implement an
effective and credible response;
• The best available specialist advice should be sought before decisions are made;
• Industry has a responsibility to undertake its business without creating unnecessary risks, and is
responsible for the risks it does create;
• Those industries and other maritime activities which create the risk of a marine oil spill should
contribute to the costs of maintaining and implementing the Strategy via an oil pollution levy;
• Oil spill planning and response systems must be comprehensive, integrated and effective;
• All people and agencies associated with planning and response should be aware of and
committed to their agreed responsibilities;
• Risk assessment is an integral part of response planning, preparation and levy allocation;
• The National Marine Oil Spill Contingency Plan must provide the means for the National On-
Scene Commander to be able to mount a credible response to any marine spill regardless of
size;
• Resources, training and equipment will be allocated on the basis of risk analysis to reflect
national and regional needs, to ensure prompt reaction with appropriate resources in the event
of a spill;
• A progressive, tiered approach is required for all preparation and planning for, and response to,
marine oil spills;
• There will be national consistency across the range of oil spill planning and response activities;
• Salvage of a vessel and/or its cargo is recognised as an important primary means of avoiding
or mitigating the effects of a marine oil spill;
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7. • Technological and procedural innovations will be incorporated where appropriate and cost
effective.
Partnership with Maori
The Treaty of Waitangi is the founding document of New Zealand, and the Crown has a duty under
Article 2 to actively protect Maori interests. In light of the significance to Maori of the marine
environment, including ecosystems and indigenous species, this duty extends to appropriate
consultation on matters such as marine oil spills.
In recognition of this duty, the strategy:
• Welcomes Maori involvement on the Oil Pollution Advisory Committee;
• Requires consultation with local Tangata Whenua on contingency planning and response
through Tier 2 plans;
• As appropriate, involves Tangata Whenua in Tier 3 responses, and;
• Takes steps to address Maori interests identified through these processes.
These commitments are consistent with Maritime New Zealand initiatives for building collaborative
partnerships with Maori communities.
Waters Covered by this Strategy
A marine oil spill is defined (see Glossary) in the Maritime Transport Act as an actual or probable oil
spill into the internal or marine waters of New Zealand. For the purposes of the Strategy, it must be
either directly into the sea or ultimately reach marine waters and have arisen from activities covered by
the Act (e.g., Tier 1 transfer of oil to ships or offshore installations).
The Strategy applies to marine oil spills within the internal waters of New Zealand (landward of the
baseline of the Territorial Sea to the low water mark), New Zealand marine waters (from baseline to 200
nautical miles, comprising Territorial Sea and Exclusive Economic Zone) and, in respect of the Director
of Maritime New Zealand's powers over hazardous ships and offshore installations under section 248
of the Act, New Zealand continental waters (comprising New Zealand marine waters and those waters
beyond 200 nautical miles over the continental shelf). 1
In addition to being covered by the Act, mobile oil transfer facilities (in this instance, specifically road
oil-tanker trucks) may also fall under the jurisdiction of the Resource Management Act 1991 (RMA).
Spills occurring when in transit on the road between sites, even those entering the marine environment,
fall to the regions as discharges under the RMA. Once engaged in the activity of transferring oil and
fuel, the facility becomes a Tier 1 site under the Act and any subsequent spills are provided for in the
Strategy.
The Strategy does not apply to oil spills in inland waters (rivers and lakes) except for such instances
as ships or Tier 1 sites on rivers where the spill would inevitably reach marine waters. Inland oil spill
responses are provided for under the RMA and are within the jurisdiction of the regional council.
However, Maritime New Zealand will use all endeavours to assist (as a contractor) where the spill is
beyond the capacity of the region to respond. Overall responsibility in such circumstances lies with the
regional authority and no costs are recoverable from the Oil Pollution Fund.
The current strategy also does not apply to spills within the territorial sea of Antarctica and the Ross
Dependency managed by New Zealand. However, international obligations require New Zealand as a
nation to develop a contingent capability for spill response in this region (as detailed in Appendix 6).
Responsibility for meeting theses obligations currently rests with Ministry of Foreign Affairs and Trade
and Antarctic New Zealand.
1
The defined term ‘New Zealand marine waters’ under the Maritime Transport Act 1994 relies on marine areas defined by the
Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977. These definitions are used for consistency with the United
Nations Convention on the Law of the Sea. They rely on a baseline that is set internationally as the low water mark. This is different to
the coastal marine area as defined in the Resource Management Act 1991 that extends from the line of mean high water springs or
specified points from a river mouth to the outer limit of the territorial sea. Hence for the purposes of oil spill contingency plans and
response, the area above the low water mark is technically excluded.
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8. Risk Assessment
National marine oil spill risk assessments are undertaken prior to each review of the marine oil spill
response strategy. This process began in 1992, and each successive assessment builds on and
refines the previous studies. These findings drive the strategic process for oil spill response planning.
Analysis is undertaken to determine developments and trends in different commercial sectors or
regions, and report on the nature of spills experienced both domestically and internationally. This
information underpins the decision making process concerning the location and scale of resources that
need to be held at a national and regional level.
The 2004 risk assessment confirmed that broadly speaking, New Zealand’s current preparedness for
the risks posed by a one-in-a-hundred year oil spill event arising from activities in the maritime sector
is sufficient. The concentration of resources around the main regional ports is also supported.
Potential areas of change which should be considered in the current strategic period to 2012 include:
• The global trend towards larger and faster container ships;
• A similar trend towards larger cruise ships with an increasing frequency of visits;
• The growth and increased capacities of regional ports;
• The implementation of new navigational aids and other areas of changing maritime technology;
• Changes to the coastal fleet;
• New international requirements for tanker hull design (double hulls);
• A potential upsurge in New Zealand offshore oil and gas exploration and production in coming
years;
• Economic factors (such as high oil prices driving a switch to cheaper, more persistent bunker
fuels).
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9. Spill Likelihood
The likelihood of a marine oil spill has been modelled using information from the oil and transport
industry in New Zealand and depicts regional information on spill potential (see map below), average
frequency of a serious incident, expected number of spills per year, estimates of the oil spilled into the
sea per year and the return period of a spill of a given size.
The model generates information that will inform both the setting of the Oil Pollution Levy (OPL) and
the operational decisions of Maritime NZ.
In 2002/03 a total of 13 million tonnes of crude oil, condensates and petroleum products were
transferred to and from tankers at New Zealand ports - creating around 600 cargo transfers. Five
million tonnes of imported crude oil were unloaded at the Marsden Point refinery in around 50
shipments and 590,000 tonnes of bunker fuels and lube oils were loaded in over 3,000 bunkering
operations at New Zealand’s main ports.
Since the last risk assessment in 1998, larger container vessels have been introduced on services
between New Zealand, USA and Europe. There has also been significant traffic growth in regional
ports such as Tauranga and Napier, with new deepwater berths built at Marsden Point and Picton.
Cruise vessel activity has increased with newer and larger vessels regularly visiting New Zealand during
the cruise season.
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10. Spill Consequences
A framework for assessing the consequences of oil spills on coastlines has been developed based on
earlier work. For this exercise, New Zealand is divided into a number of 20 km2 ‘coastal cells’, and
each cell is rated using a scale that assesses the vulnerability of the area to oil spills in terms of
environmental factors (i.e. shoreline character, plants and animals) and human factors (i.e. economic,
cultural, social, economic and recreational). These ratings produce a profile for each cell that
contributes to the national map (below).
The areas that are of greatest environmental concern are those that have a high socio-economic value,
have shoreline types that are very sensitive to oil spills (e.g. mangroves in the Auckland region) or
those that contain important wildlife (e.g. birdlife on Farewell Spit).
Ports are hot spots. The economic resources, human population and recreation areas located in and
around Auckland’s ports contribute to that region showing as a hot spot. Also, the spill rate for ports
is around 3 times higher than the spill rate for the combined coastal areas. The higher spill rate for
ports reflects the greater risks associated with vessel movements in and out of harbours and the
transfer of oil cargo and fuel. For NZ ports, Auckland has the highest spill rate, followed by Marsden
Point, Lyttlelton and Wellington. The Auckland rate reflects the high level of activity and the large range
of vessels using the port.
Contingent Capability
Maritime New Zealand, in conjunction with its various national and international partners, will respond
to a spill of any size. However, it is more cost-effective for New Zealand to maintain a response
capability for the most likely spills, and be able to call on other countries for extra equipment and
trained personnel when needed for major spills. New Zealand has developed a domestic response
capability for a ‘one-in-a-hundred’ year event based on successive risk assessments. The actual spill
size planned for is impossible to specify, since there are too many variables to ascertain a credible
estimated figure.
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11. The three-tiered system provides each level with the opportunity to call on the others for assistance
(through a process of controlled escalation), while requiring contingency plans to be developed with all
the necessary information for an effective response.
The concept of contingent capability in New Zealand means that each region has been equipped with
sufficient resources to deal with the smaller spills they would normally experience, while still being able
to escalate the response by calling on nationally held stocks and expertise for major incidents. In turn,
when the scale of a response is beyond the national capacity, New Zealand can call on Australian (and
other) resources through a mutual aid Memorandum of Understanding or other signatories to the
OPRC to assist. The system has the flexibility to accommodate the extra resources available from
overseas.
Sensitive Coastal Resources
As a nation, New Zealanders have a strong historical connection to the marine environment. The
coastline contains many sensitive resources to which New Zealand attaches great importance, for their
biological, physical, social, cultural, economic or intrinsic values.
It is the responsibility of regional councils and relevant industries to identify in their contingency plans
those areas most threatened by potential marine oil spills. The regional councils are required to set
priorities for protection of sensitive areas and identify the response needs for these locations in
consultation with key stakeholders.
Regional councils are also required to produce maps detailing environmentally sensitive areas as part
of their ongoing regional contingency planning development and maintenance program. This
information will be collated by Maritime New Zealand and incorporated into a GIS database, the Oil
Spill Information Management System (OSIMS), which will be made available along with other response
decision tools to supplement the National Plan.
Public Expectations
In the event of an oil spill, the New Zealand public rightly expects that all reasonable steps will be
taken to minimise the effects on the marine environment. Even small marine spills may impact on
amenity values and disrupt coastal activities, so the development of an effective response strategy is
of paramount importance. Nevertheless it is essential to carry out a net benefit analysis of the
response options for any spill. In some circumstances, the option of ‘doing nothing’ may be the best
response option even though this may be at variance to public opinion.
No nation presently maintains the capacity to deal with all possible incidents. New Zealand, like other
countries, relies on international assistance for spills and formal agreements to ensure access to these
international resources form a fundamental part of this strategy.
Should a major spill occur, New Zealand’s geographic isolation means it will be some time before
significant resources could be mobilised from overseas, so New Zealand must maintain an adequate
domestic first response capability.
Given the proximity to the coast of most maritime activity, it would be unreasonable to expect
responders to be able to prevent all or even some oil from reaching the shore in every case.
Response activity on impacted coastal areas must cease at some point, and depending on the
stakeholder perspective, there may be wide ranging opinions on defining ‘How clean is clean?’
Deciding when the clean-up operation ceases will be done in consultation with local interests based on
the principles of net environmental benefit assessment.
The highest likelihood of oil spills is in commercial areas such as ports and harbours, where
established communities are also likely to be found in adjacent areas. There are significant public
health and safety issues associated with oil spills, and the welfare of the community, industry
personnel and responders must always be considered as the highest priority in both planning and
response.
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12. The Oil Pollution Advisory Committee
The Director of Maritime New Zealand (the Director) is provided with expert advice from the Oil
Pollution Advisory Committee (OPAC) under the Act. The Director must consult OPAC on certain
specified matters relating to oil spill response and the administration of the Oil Pollution Fund. The
functions and responsibilities of the committee are detailed in Appendix 4.
Strategy Review
The Act requires that the Director formally review the Strategy every five years, though it may prove
necessary to issue interim updates should circumstances change.
Prevention
Oil spill response and contingency planning is funded under the Act by the Oil Pollution Fund (OPF), a
system of industry levies administered by Maritime New Zealand. The Maritime Transport Act (and the
OPF) does not encompass costs associated with preventative measures unless these are directly
associated with the costs of responding to a probable spill.
Elsewhere, however, Maritime New Zealand and other government agencies administer and encourage
a wide range of non-OPF preventative measures aimed at reducing incidents and discharges.
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13. THE NEW ZEALAND MARINE OIL SPILL RESPONSE
SYSTEM
Three-Tiered Approach
Consistent with established international practice, New Zealand has implemented a three-tiered
approach to all aspects of marine oil spill preparation and response.
Industry (Tier 1), regional councils (Tier 2) and Maritime New Zealand (Tier 3) all have clear roles and
responsibilities provided for in the Act (detailed in Appendices 1, 2 & 3). Any agency with Tier 1, 2 or
3 responsibilities must develop and maintain both a marine oil spill contingency plan and an
operational response capability.
The legislative basis for this approach and much of its operational detail is set out in the Act and
various supporting Marine Protection Rules.
Contingency Plans
Contingency plans must be produced according to standards provided in the Act, Marine Protection
Rules and any guidelines issued by the Director. Each regional, site or installation plan must also be
consistent with this Strategy and the National Marine Oil Spill Contingency Plan. They should also
identify any delegated powers and the responsibilities of all those involved in oil spill incident
response.
The concept of setting performance measures is accepted and endorsed by Maritime New Zealand for
contingency planning as an effective feedback mechanism. Performance measures should be
developed and specified, where appropriate, in both the national and regional contingency plans.
Plans should be dynamic, living documents subject to regular and continual update. Formal review is
required every three years, or earlier if circumstances demand. A review must also occur after every
significant oil spill incident or exercise.
Above all, plans must be clear, concise, simple, easy to use and understood by the people intended
to utilise them.
Tier 1
A Tier 1 plan is site-specific and includes most onshore industry with oil transfer sites, offshore
installations (including rigs & platforms), pipelines and certain vessels from which a spill of oil into the
marine environment is possible. All Tier 1 sites and vessels are expected to be able to provide a
clearly identifiable first response to pollution incidents for which they are responsible. 2
In the case of an actual or probable oil spill from a vessel, the ship’s master is responsible for
notifying authorities and ensuring that containment efforts begin immediately. Depending on both the
circumstances and resources/equipment available, the master may also initiate clean-up operations if
safe for the personnel involved. If the spill is onshore or from an offshore installation, the company,
plant or site manager is responsible for ensuring these actions are commenced without delay.
After notifying the regional council or Maritime New Zealand of the spill, the person in charge must
take immediate steps to control the spill following directions in the relevant approved contingency
plan. If that person seeks support, or if the regional council considers that the response needed is
beyond the capability of the site to provide, the Regional On-scene Commander (ROSC) will take
charge and control of the response by escalating to a Tier 2. Similarly, a Tier 1 incident may be
escalated directly to a Tier 3 by the National On-scene Commander (NOSC).
If the spill is outside the Territorial Sea (such as an offshore installation, vessel in transit or waters
around offshore islands within the EEZ), and beyond the capability of the site to respond, control of
the response passes directly from the Tier 1 person in charge to a Tier 3 NOSC.
2
The Maritime Transport Act 1994 requires that ships are to have response plans where required by the marine protection rules.
The rules require oil tankers exceeding 150 gross tons and all other ships exceeding 400 gross tons to have Shipboard Oil Pollution
Emergency Plans. These demarcations mirror those specified in MARPOL 73/78. As such, recreational vessels and the New
Zealand Defence Force ships are equally subject to these requirements.
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14. All vessels that meet the criteria specified by the MARPOL 73/78 convention (as reflected in Part 130A)
are required to have a shipboard oil pollution emergency plan (SOPEP), approved and audited by
Maritime New Zealand or the appropriate maritime authority for foreign flagged vessels.
The owner of an oil transfer site is required to ensure that an approved oil spill contingency plan has
been produced (either by themselves or their tenants or lessees). The regional council, acting under a
delegation from the Director, will be responsible for approving and auditing the contingency plans for
oil transfer sites.
The owner of an offshore installation (or their tenants or lessees) is required to produce a marine oil
spill contingency plan. In addition, discharge management plans are to incorporate emergency
response provisions for oil spills. Both contingency plans and discharge management plans are
approved and audited by Maritime New Zealand. Where there are a number of related structures in a
limited and defined geographic area, such as a large hydrocarbon field, the same contingency plan
under the emergency response provisions may be shared if appropriate.
If a spill from a Tier 1 site cannot be contained and recovered by the spiller, it must escalate to the
next appropriate Tier.
Tier 2
Tier 2 response is the responsibility of regional councils and those unitary authorities acting as
regional councils under the Act. These agencies must maintain the regional contingency plan for their
region.
Within their regions, these councils will respond to marine oil spills that exceed the clean-up capability
of Tier 1 (some regions have instigated a policy whereby a Tier 1 incident automatically escalates to
Tier 2 if oil enters waters in the public domain). They will also respond to those spills for which no
responsible party can be identified. Maritime New Zealand will provide regional councils with sufficient
equipment, training and opportunities to exercise their expertise in order to competently undertake this
role.
Regional council Tier 2 personnel and resources also play a fundamental role in Tier 3 responses. In
the event of a significant incident that escalates to Tier 3, the Tier 2 responders maintain the response
during the transition phase, and still form an integral and vital part of clean-up activities at the Tier 3
level.
Each regional council is required to produce, maintain and implement a regional marine oil spill
contingency plan for their Territorial Sea (out to 12 nautical miles). Maritime New Zealand will approve
and audit these regional plans. The regional contingency planning process should also include pre-
spill segmentation of the region’s coastline by suitable trained assessors, to identify homogenous
segments and any associated response issues in advance of an incident.
An opportunity now exists for most regional councils to link their contingency planning process to the
risk assessments that should be undertaken every three years under the New Zealand Port and
Harbour Marine Safety Code 2004. The Code, though voluntary in nature, stipulates that the region
should undertake a risk assessment for all harbours and areas of compulsory pilotage within their
jurisdiction. Risk assessment should form the basis and be a fundamental driver of contingency
planning.
The relationship between Tier 2 & 3 plans has undergone a significant evolution since the previous
strategy in 2000. The structure of the plans has been redefined, so national and regional plans will
contain uniform operational procedures. Regional Tier 2 plans will include specific local information in
appropriate annexes. As Maritime New Zealand maintains the generic front end of the plan, regional
councils can concentrate their resources on identifying and prioritising sensitive areas and local
response issues.
During an incident, if a spiller cannot be identified or if a spill is beyond the capability of the Tier 1 site
to respond, the ROSC will assume responsibility for the clean-up operation within their region directly.
The ROSC shall decide whether or not it is appropriate for any action to be taken in response to that
marine oil spill. According to section 303 of the Maritime Transport Act, the principal objective of the
ROSC in taking any such action will be to prevent further pollution from the marine oil spill, and to
contain and clean up the oil spill in accordance with the relevant regional marine oil spill contingency
12

15. plan. The action taken in response to the spill must not cause unreasonable danger to human life or
cause an unreasonable risk of injury to any person.
The ROSC has a responsibility (detailed in the National Plan) to notify Maritime New Zealand’s Rescue
Co-ordination Centre as soon as they become responsible for a marine oil spill response operation.
The ROSC may seek the support of Maritime New Zealand at any stage, and Maritime New Zealand
may appoint a representative to support the ROSC, where appropriate, to offer technical advice.
If the spill is beyond the capability or resources at the disposal of the ROSC, either the Maritime New
Zealand representative, or the oil spill duty officer (OSDO), or the NOSC, should be notified as soon as
possible, and the response escalated to Tier 3. The NOSC may also determine at any time that
progression from regional to national response is appropriate.
Tier 2/3 Transition
The Tier 2 to Tier 3 transition depends on the timing of the escalation to Tier 3, and the arrival of the
NOSC and the team to the Incident Command Centre (ICC). When a Tier 3 is declared, the NOSC
assumes control of the incident. There may be elements of the operation delegated to the ROSC to
fulfil while the NOSC is en route to the incident. However the elevation of an incident to Tier 3 (see
Response Escalation Criteria) is the responsibility of the NOSC. This enables the NOSC to ready the
ICC and local response for the next level of operations. The NOSC and the wider team’s travel
generally will be separate to mitigate out any possibility of transit ‘failure’.
Tier 3
Tier 3 is the responsibility of Maritime New Zealand. When, due to size, complexity or environmental
impact, containing and cleaning up a marine oil spill exceeds the capacity of the resources available at
both Tier 1 and/or 2, Maritime New Zealand will assume responsibility for managing the response
under the National Plan. Maritime New Zealand will also manage the response to any oil spill within the
Exclusive Economic Zone (EEZ), and those beyond the EEZ over the New Zealand continental shelf.
Maritime New Zealand is responsible for the National Plan. This entails the maintenance of a generic
plan containing all operational procedures, which will be added to the regional Tier 2 annexes
containing all pertinent local information to facilitate a successful response.
In addition and as appropriate, Maritime New Zealand will produce ‘special area’ contingency plans,
such as the Fiordland plan. These will be developed where an area is of such environmental
significance, or has such complex response issues, that it is deemed necessary to address
contingency planning as a discrete entity at a national level.
New Zealand's Tier 3 response capability is made up of Maritime New Zealand, the regions,
contractors, consultants and agencies where agreements are in place.
In a Tier 3 response the NOSC assumes control of and responsibility for the marine oil spill response
operations. The functions and powers of the NOSC are the same as those described for the ROSC.
However, the directions of the NOSC will prevail over those of the ROSC.
If a large marine oil spill occurs anywhere in New Zealand’s area of responsibility, and it is beyond the
nation’s own resources to contain and clean up, the Director will seek international support for the Tier
3 response. Through the 1990 International Convention on Oil Spill Preparedness, Response and Co-
operation (OPRC), New Zealand has already established arrangements to provide international
support. The National Marine Oil Spill Contingency Plan will be used to plan for and carry out a
response involving international resources.
New Zealand has reciprocal obligations to fulfil international agreements and conventions to provide
assistance beyond New Zealand marine waters to neighbouring countries, including Australia and the
South Pacific. Operational arrangements needed to allow these obligations to be met, such as
Memoranda of Understanding, will be included within the National Plan.
Reviews
After any marine oil spill (Tier 1, 2 or 3) the Director may review the incident to explore potential
improvements to contingency plan arrangements for future responses. This would be undertaken
pursuant to section 325 of the Act. In order to carry out these reviews with the greatest efficiency and
effectiveness, a sub-committee of OPAC has been established (though the Director may include other
experts as required). Acting on behalf of the Director, the Marine Oil Spill Response Review Group
13

16. (MOSRRG) reviews Tier 1 & 2 incidents referred to it by the Director. As a matter of best practice, the
MOSRRG should meet on an annual basis at least, more if appropriate, to review incidents occurring
over the previous year. Tier 3 responses will be reviewed by independent, external means.
As there is no formal statutory process for the review of the National Plan, the Director has determined
that the most appropriate means to ensure the completeness and currency of the plan is to also seek
the advice of the MOSRRG. This sub-committee will therefore be asked, on occasion, to audit the
National Plan with terms of reference similar to section 325 reviews of spill incidents and report their
findings to the Director.
The On-Scene Commander
The Act provides for suitable, qualified people to be appointed either as a regional or national On-
scene Commander (OSC). The Director is responsible both for appointing each NOSC, and qualifying
personnel for appointment by regional councils of each ROSC.
All OSCs will be provided with a warrant card as evidence of their identity and statutory authority under
which they are acting.
In order to combat marine oil spills successfully Part 23 of the Act provides OSCs with clear direction
as to their responsibilities and with a wide range of statutory powers. For any oil spill the OSC
should:
• Minimise, and where possible, prevent further pollution from the marine oil spill;
• Take whatever measures necessary to disperse, contain and recover, or clean up the oil spill in
accordance with the relevant contingency plan.
The OSC should, where practical, take the following general course of action:
• Take any necessary steps, including sampling, to identify the source of the spill;
• Prevent any imminent spill from occurring;
• Prevent further spillage from occurring;
• Minimise, and where possible, prevent the spread of pollution;
• Mitigate any harmful effects of the spill;
• Protect threatened resources, areas and species;
• Monitor the effects of the spill;
• Consider the advice of appropriately qualified technical experts;
• Clean up and remove the pollution;
• Dispose of the waste appropriately.
Under both the Health and Safety in Employment Act 1992 (HSE) and the Act, the OSC must ensure
the health and safety of the public, responders, and any personnel associated with the spiller.
Under section 327 of the Act, when an OSC, or any person working with an OSC, has acted in good
faith in the performance of their duties in responding to an oil spill, they are protected from liability for
any loss or damage to property caused by their actions.
There is a wide range of actions that the OSC may decide to take in respect of a marine oil spill.
These powers are set out in section 305 and 311 of the Maritime Transport Act, and include the
power to direct the master or owner of a New Zealand ship to do or stop doing anything that they
consider necessary or desirable to control or clean up the spill.
Spill Notification and Reporting
Initial Notification
Where there is an actual or probable spill of oil into the marine environment it is the responsibility of
the spiller to notify either Maritime New Zealand (through the Rescue Co-ordination Centre) or the
appropriate regional council, by the quickest means possible. Maritime New Zealand and all regional
councils will provide 24-hour contact telephone numbers for marine oil pollution incidents. Reporting
a marine oil spill incident in no way implies an admission of guilt, but failure to report an incident is
clearly an offence.
Regional councils should also notify Maritime New Zealand whenever they respond to a marine spill.
14

17. The obligation to report actual or probable discharges of oil in breach of the marine protection rules
or resource management regulations applies to all vessels, not just those that are required to have
shipboard contingency plans.
Format
Existing standard international oil spill notification formats and procedures for shipping, other maritime
industries and commercial aviation should be followed whenever possible.
Maritime New Zealand will provide regional councils with an appropriate format for this notification,
based on international standards. However, sufficient flexibility should be maintained for both the
ROSC and Maritime New Zealand to meet their respective requirements. Other agencies, including but
not limited to, the Police, Fire Service, Coastguard, coastal radio stations (national and local), port
companies, Civil Aviation Authority, Department of Conservation and New Zealand Defence Force,
may also be notified of a marine oil spill by the public. These agencies will be provided with
information on the appropriate communication channels and formats for oil spill reports.
Spill Assessment and Response Assignment
It is the responsibility of the incident controller (at Tier 1) and the OSC (at Tiers 2 & 3) to assess and
evaluate information provided at the time of the initial notification of a spill. In every case a decision
needs to be made as early as possible about the appropriate size of the response and the
appropriate level of command and control. There are a number of factors that can influence these
decisions, and to ensure that there is minimal chance of confusion, these factors should be clearly
defined in the contingency plans. These can be referred to as ‘response escalation criteria’.
Response Escalation Criteria
The Act requires, in sections 299 and 300, that the person responsible for implementing the
contingency plan (incident controller at Tier 1 or regional OSC at Tier 2) notify either the regional OSC
or national OSC respectively, if containing and cleaning-up the spill is or may be beyond the capacity
of the resources available to them.
There are many reasons why a responder at one level may find that they are unable to adequately
respond to a spill:
• Size of the spill – the volume of oil spilled (or likely to be spilled) may be beyond the resources,
equipment or expertise immediately available to the response agency;
• Character of the oil – the type of oil may be one for which specialist response expertise or
equipment is needed;
• Location of the spill – the location of the spill may be difficult to reach, may require specialised
equipment, or may be well offshore;
• Nature or extent of the impact of the oil – any combination of oil type and character, spill
location, environmental conditions, shoreline type, and proximity to sensitive resources could
influence the size of any impact created;
• Country of registration of the ship;
• Potential for further spillage – the nature of the incident (grounding, collision, accidental
discharge, etc) could play a role in determining the likelihood of a spill or further spills, as could
the size of the ship;
• Cost of response – oil spill response can involve the expenditure of large amounts of money,
which, depending on the spiller, can take some time to recover. Maritime New Zealand
maintains agreements with regions about the cost of responses at which the region expects
escalation to Tier 3.
An escalation of a response will generally occur when one of two factors is present:
• When the cost begins to exceed stipulated limits for Tier 1 or 2, or
• When a decision is made by either the OSC or Maritime New Zealand to escalate the response
effort.
An escalation will result in greater resources and funding for application to an oil spill response.
Response De-escalation
Once a spill response has been formally escalated to the next level, then responsibility for control
remains with the higher agency (or OSC) until the response is terminated. A spill response cannot be
15

18. de-escalated. This is to ensure consistency and decrease the likelihood of response decisions
becoming misinterpreted. It also safeguards against costs being unaccounted for.
In a long-running response, it may be practical for the agency or OSC in control to delegate some or
all functions to another agency and demobilise under-utilised resources. The resources involved in a
response may be increased or decreased at various times according to operational requirements.
Responsibility for completing the response remains with the higher level agency or OSC.
Response Termination
Termination criteria will be determined in consultation with community representatives and appropriate
stakeholders. This will take into account a wide range of values unique to the individual nature of each
incident, based on the principles of net environmental benefit assessment. Ultimately, the final
decision to terminate a response lies with the OSC under section 304 of the Act and in the case of a
Tier 3, with the consent of the Director. It will also represent the cessation of funding for any further
cleanup costs.
Command and Control
Emergencies such as oil spills require prompt, decisive and informed action. A clear and effective
command and control system is essential, as is the knowledge and expertise required to implement
that system. The initial phase of a response may be critical with little time available for assessment of
the situation and the need for action to be taken as soon as possible. In order to ensure that the initial
phase of a response is effective and efficient, it is essential that adequate resources are mobilised
immediately. This is particularly important upon declaration of a Tier 3 response when the NOSC and
key personnel may have some distance to travel to the incident location. Accordingly, a minimum initial
response team structure and size has been determined for Tier 3 incidents.
The New Zealand Coordinated Incident Management System (CIMS) has been adopted by the Ministry
for Civil Defence and Emergency Management and a wide range of agencies involved in emergency
response including Maritime New Zealand and local government. Maritime New Zealand continues to
be involved in the development and coordination of CIMS at the national level.
CIMS is designed to improve emergency response management through better coordination between
the organisations involved. CIMS is also a flexible system that enables different agencies to carry out
their statutory obligations without unnecessary alteration to internal operational procedures. The focus
of CIMS is on inter-agency operations rather than the internal operations of the various agencies.
New Zealand’s marine oil spill command and control system is compatible with CIMS and is not
dissimilar to the systems employed in most developed countries. Details on New Zealand’s system
and how CIMS is incorporated during spill response are contained in the National Plan.
Response Options
OSCs are legally entitled to take whatever action is appropriate and necessary to clean up and/or
mitigate the effects of a marine oil spill under the Act. In determining the correct response options for
each circumstance, the OSC is expected to judge options according to net environmental benefit
assessment (NEBA). This process ensures that any response option results in the best environmental
outcome.
The spiller, while being responsible for any costs associated with the response, may not be the legal
owner of the oil. In whatever form or condition the oil is finally recovered, it still remains the property
of the original owner. If practical, the OSC may consult with the original owner or their agent to
determine their preferred course of action. However, the ultimate responsibility for decisions
concerning recovery or disposal of oily waste remains solely with the OSC. Once waste has been
collected and contained it must also be disposed of in accordance with any regional rules governing
waste disposal made under the RMA.
Monitoring
Monitoring can be broadly described as either Type 1 (operational) or Type 2 (non-operational/
scientific). Type 1 provides information of direct relevance to the spill response operation, and
generally refers to cost recoverable monitoring prior to response termination. Type 2 includes any
16

19. environmental monitoring that is undertaken for purposes other than providing information to guide a
spill response, and generally occurs after the response has been terminated. This monitoring should
be by prior agreement with either the spiller or the New Zealand government, since costs cannot be
met from the Oil Pollution Fund. 3
Initiation of operational monitoring should be the first phase of any response, occurring before and
during the active response stage. Sound decisions can only be made on the basis of accurate
information about the spilled oil and the environment into which it has been released.
Though monitoring will always be a component of any response, Type 1 monitoring may be the only
action necessary and a legitimate response option in certain circumstances, where depending on the
type and volume of oil, the location and climatic conditions, the most effective response may be to
allow natural dispersion and weathering.
If further action is required, ongoing operational monitoring is essential to gauge the success of
response activities, and to inform the NEBA process during clean-up. Any reasonable costs
associated with such monitoring are legitimately included in the response, and are fully cost
recoverable from the spiller.
Type 2 monitoring may also be necessary for reasonable environmental reinstatement after the spill
has occurred, providing it satisfies the principles of NEBA. It would first involve investigating if
reinstatement was feasible, then determining when the reinstatement had reached a sufficient stage to
conclude. Type 2 also includes assessment of long-term environmental effects after a spill.
Intervention, Places of Refuge and Salvage
One of the statutory objectives of the OSC is to minimise and where possible prevent further pollution.
Avoiding a potential or imminent spill is recognised as the best outcome in oil spill response. Salvage
of a vessel or installation, or containment of the oil within its original structure (tank, bunker, pipeline,
etc.), or safe transfer of the oil to secondary containment (a barge or lightering vessel) may prevent the
oil from spilling. This will prevent or minimise environmental effects, potentially reduce toxic or health
impacts, and very likely lower the overall cost of response.
It is not the role or responsibility of the OSC or the response operation to engage in salvage
operations. However, Parts 19 and 20 of the Maritime Transport Act have provided the Director with
wide powers to intervene to protect marine interests (see Glossary) from discharges of harmful
substances during emergencies. The Director (or nominee) can require the owners of a hazardous ship
or offshore installation, a ship's master or salvor, or the operator of an offshore installation or pipeline
to take actions to protect marine interests. The Director can also take direct action, with respect to
the ship, structure or cargo. The OSC, and to a lesser extent the harbourmaster (under local bylaws),
may apply powers to intervene with salvage aspects of marine oil spill responses. A summary of the
salvor’s responsibilities is provided in Appendix 7.
In certain circumstances, direction of a stricken vessel to a place of refuge may be a priority action to
prevent or reduce the harmful effects of a spill. Under the Act, the Director may nominate any
appropriate area as a place of refuge, depending on a range of environmental and climatic factors as
well as the nature of the incident. Criteria have been developed to assess the suitability of potential
places of refuge, in accordance with International Maritime Organisation guidelines and international
best practice.
Once the Director has declared a vessel to be a hazardous ship, all options will be judged against the
defined criteria to select the most suitable place of refuge under the prevailing circumstances.
On-water Response
Dealing with a spill while it is still afloat will most often be preferable to allowing the oil to strand
onshore. Priority should be given to preventing oil reaching sensitive coastal environments.
The options for on-water responses are:
• Natural dispersion through wind and wave action;
• Application of chemical dispersants; deflection or containment with booms;
• In-situ burning;
• Collection and removal.
3
For further details, Maritime New Zealand has produced a background paper in conjunction with the Australian Maritime Safety
Authority entitled ‘Oil Spill Monitoring’, which is available on request.
17

20. All New Zealand marine waters are designated as pre-approved for dispersant application, unless
specifically excluded in either a regional plan or the National Marine Oil Spill Contingency Plan. In all
cases, the NOSC has the authority to use dispersant even in excluded areas, if this will lead to the
greatest net environmental benefit. Oil Spill Dispersant Guidelines for use in New Zealand have been
produced to assist the decision making process.4
Shoreline Response
Once oil has reached the shore, the environmental impact and cost of cleaning are often much greater
than if the spill had been dealt with at sea.
The primary options for shoreline response are:
• Pre-cleaning (to improve access and reduce waste);
• Mechanical and/or manual clean-up;
• Natural recovery;
• Bioremediation (using living organisms to speed oil degradation).
A recent innovation to shoreline response has been the development of Shoreline Clean-up
Assessment Treatment (SCAT). This involves delineating the impacted coast into homogenous
segments, and gathering data on each to assist prioritisation. This process can be augmented by pre-
spill segmentation at the contingency planning stage, to speed responses during an incident.
Wildlife Response
The aim of wildlife response is to avoid, remedy or mitigate any detrimental impacts on wildlife during
an oil pollution response. This primarily concerns marine and coastal birds, reptiles, and where safety
allows, marine mammals, due to their susceptibility, protection status and community expectations.
While the OSC is directly responsible for ensuring there is a credible and effective wildlife response,
additional specific expertise will be needed. Maritime New Zealand has contracted Massey University
to develop and maintain a Tier 3 wildlife response operational plan annexed to the National Plan, a
national wildlife treatment facility, and personnel and equipment for use during spill response. The
Department of Conservation and Tangata Whenua should also be involved where protected or
culturally significant species (see Appendix 5) are threatened, and as key conservation management
stakeholders.
Wildlife response will, whenever possible adhere to international best practice protocols while
prioritising human safety as well as animal welfare. Where appropriate, it may involve exclusion
(‘hazing’), and/or pre-emptive capture. In all cases, monitoring of rescued and released wildlife should
be an integral component of the rehabilitation process providing feedback to improve efficiency of on-
going operations.
Should a spill occur whereby there is no direct response action to contain and recover the oil, wildlife
response may be the only intervention activity undertaken.
Wildlife response costs authorised by the OSC are fully recoverable from the spiller, under both the
Maritime Transport Act and the Civil Liability Convention 1969. It is recognised that oiled wildlife may
be discovered after other response efforts have ceased, and this should be taken into account during
de-escalation and termination.
Oil Spill Response Capability
Though an effective response capability has been firmly established in New Zealand under the
previous response strategies, every effort should be made to ensure continuous development, with a
strong commitment to build experience in personnel.
Equipment
Maritime New Zealand will allocate sufficient basic equipment to the regional councils to respond to
spills identified in the risk assessment as likely to occur within their individual boundaries. The amount
of equipment deployed in the regions depends on the potential size of oil spills identified and the type
of product e.g., those with major oil terminals have more specialist equipment. This gives each region
4
Available on request from Maritime New Zealand or the Cawthron Institute.
18

21. the independence both to deal with minor spills and to mount a credible first response to more
significant incidents. Maritime New Zealand retains much of the larger, specialised equipment in its
inventory for rapid deployment anywhere in the country.
Where equipment is deployed regionally, a contractual agreement between the regional council and
Maritime New Zealand is established. This outlines the agreed standards for maintenance,
management, deployment, storage and use of that equipment.
The allocation of equipment will be subject to regular review, with reference both to the risk
assessment and consultation with the regions, to ensure suitable levels and appropriate types are
distributed at the correct locations. The key considerations are flexibility and the ability to quickly
redeploy equipment either regionally or nationally. This may also include the development of rapid
deployment facilities within each region as an immediate response tool, where appropriate and
necessary.
Planning for new equipment purchase and replacement will be undertaken by Maritime New Zealand, in
consultation with OPAC and both national and regional OSCs.
All equipment paid for by the Oil Pollution Fund (OPF) remains the property of Maritime New Zealand as
part of the overall national oil spill response equipment inventory, regardless of any allocations to the
regions. As such, it must always be available for emergency redeployment to other regions in the
event of a spill.
Some of the national inventory of response equipment, including that allocated to the regions, is
available for limited hire to outside parties with the approval of the Director. While hired, the
equipment must still be available for emergency deployment should a major marine spill occur.
Under contract, Massey University’s Institute of Veterinary, Animal and Biomedical Sciences has
established wildlife treatment facilities at the Palmerston North Campus, and developed specialist
equipment for deployment during a response. These will continue to be maintained according to the
terms of the contract.
Maritime New Zealand maintains a complete database of all national and regional oil spill response
equipment, including dispersant stocks. All response equipment, whether stored at regional or
national centres, will be maintained according to standards specified in maintenance plans developed
by Maritime New Zealand to ensure readiness, availability and protection against biosecurity risks
during redeployment.
All items of Maritime New Zealand equipment used in Tier 2 and 3 spill responses have either hire rates
or replacement values (where consumed), and payment of these costs is the responsibility of the
spiller.
Personnel
Personnel requirements for an oil spill response depend on the size and complexity of the incident.
Maritime New Zealand maintains a core of approximately 400 responders who have received training
at various levels.
Many of these people would form the initial response to a marine oil spill in their region. They are
predominantly regional council, district council and port company employees, and are identified in the
regional plans. At the national level, they are also available for a major response in either their own or
any other region. This arrangement gives New Zealand a large pool of trained responders.
Oil spill response experience over recent years has highlighted the need for a greater degree of
structure and organisation for response to Tier 3 incidents. Tier 3 incidents are inevitably more
significant and demanding with regard to impact and resource requirements. Accordingly, effective
response preparedness for Tier 3 incidents requires significant planning and preparation, including the
initial response team size and structure, identification of available response personnel, standard
operating procedures for mobilisation and deployment, and appropriate training and exercising.
Further development of Maritime New Zealand's Tier 3 response capability, and in particular initial
response organisation and structure, is being undertaken and will progress through the current
strategic period.
19

22. Training
Maritime New Zealand is responsible for providing and co-ordinating training for those who will be
involved in Tier 2 and 3 responses. Industry retains responsibility for providing appropriate training to
their Tier 1 response personnel.
Maritime New Zealand offers a wide variety of training courses covering all aspects of oil spill
response. People identified as integral to national or regional response are required to attend the
relevant Maritime New Zealand spill response course, or an approved alternative, and have their skills
revalidated every four years. Unless this is achieved, they may not be permitted to work in key
positions in regional or national response teams.
Where an OSC can demonstrate, through staff participation in incidents, exercises or other training,
that key staff in the regional response team are maintaining competency in their respective response
roles, then credit can be given for training validation.
Maritime New Zealand also ensures adequate training has been provided to its own staff, appropriate
to each person’s potential role in a marine oil spill response team. This includes key staff involvement
in overseas incidents and exercises.
The OPF will meet the costs of attendance at Maritime New Zealand response courses for any person
confirmed as a member of a national or regional response team that is also endorsed by an OSC.
Where regional councils find that inadequate numbers of responders are available within their
organisations, other suitable nominees from the wider community will be accepted onto the Maritime
New Zealand training program and paid for from the OPF. The training courses are also available to
others at cost.
During the course of the current strategic period, Maritime New Zealand will be progressing the
programme of oil spill response courses towards New Zealand Qualifications Authority registration
and/or accreditation with an internationally recognised training standard.
Massey University provides training in best practice oiled wildlife response principles to teams of
wildlife responders coordinated under the wildlife annexes of Tier 2 marine oil spill contingency plans.
In-spill training, where ad hoc recruits are screened for aptitude and trained in a variety of response
techniques by experienced responders, is a proven effective strategy to meet the very rapid need for
escalation and turnover a large scale event may generate. Massey University’s courses to wildlife
responders are delivered directly through various fora and wildlife response principles are integrated in
oil spill response courses offered by Maritime New Zealand.
Exercises
To ensure that response capability is maintained and ongoing improvement continues, it is essential to
assess all planning, management and operational response procedures by conducting regular
exercises. All components of the New Zealand marine oil spill response system must be periodically
exercised. To facilitate this, Maritime New Zealand has produced an exercise planning format and the
Guidelines for Exercise Planning and Management.5
Responsibility for the coordination of oil spill exercising at industry, regional, and national levels rests
with Maritime New Zealand. In coordinating exercise activity, Maritime New Zealand will endeavour to
improve response capability, efficiency and cost effectiveness. Maritime New Zealand is committed to
providing support and assistance to industry and regions in the planning and execution of exercise
programmes. The involvement of Maritime New Zealand staff in regional exercises is an essential
element in the cooperative model of oil spill response that underpins the response system. Marine
Protection Rules require the annual exercising of Tier 1 site contingency plans and from time to time
Maritime New Zealand is invited by industry to participate in larger scale Tier 1 exercises. However,
each Tier 1 site plan is in place because of a specific identified risk and regional on-scene
commanders and their response teams should be familiar with the risks and plans in their regions.
Accordingly, regions are encouraged to incorporate Tier 1 sites into their exercise programmes and/or
actively seek involvement in annual Tier 1 site exercises.
The principal aim of regional exercise programmes is to test regional contingency plans, and to
maintain and develop individual and collective skills and knowledge gained during formal training.
5
Available on request from Maritime New Zealand.
20

23. Regional exercise programmes should also have regard to the three primary response roles of
regions; Tier 2 response, transition from Tier 2 to Tier 3, and involvement in Tier 3 responses.
Maritime New Zealand will undertake at least one major Tier 3 exercise every four years. Industry
(shipping & oil companies) and regional councils will be invited to participate in the planning and
conduct of these national exercises. International involvement and assistance may also be sought
from national marine oil spill response agencies, spill response organisations and consultants.
Maritime New Zealand may reduce both regional and national exercise frequency in the event of
significant incidents occurring, or when there has been substantial involvement in appropriate exercises
conducted by other agencies.
Cooperation in exercises, both amongst regions and between regions and Maritime New Zealand,
enhances response preparedness by maintaining operational flexibility and the ability of regional teams
to operate effectively across a range of Tier 2 and Tier 3 incidents.
It is important to note that regional response teams and their equipment make up the bulk of our
national response capability. In order to maintain that capability, regional personnel and individual
specialists will from time to time be invited to participate in Tier 3 response training and in addition to
programmed exercises.
Contracts and Memoranda of Understanding
Maritime New Zealand is the lead agency for marine oil spill response and its role is to co-ordinate the
efforts and expertise found in public agencies or private sector companies. The most suitable formal
recognition for each agency’s role and responsibilities is either by Memorandum of Understanding
(MoU), commercial contract or agreement.
A combination of these has been established, along with mutual arrangements for international
assistance (see Appendix 6), which will be maintained and developed where appropriate.
Funding and Compensation
The Oil Pollution Levy
The Oil Pollution Levy (OPL) is collected from the risk creating sectors of the maritime industry, as
provided for under the Act, to maintain the Oil Pollution Fund (OPF). The fund provides financial
support for New Zealand’s preparations for marine oil spill response through Maritime New Zealand,
and pays the costs of responding to spills where the source is unidentified.
The OPL is paid by shipping, fishing, oil exploration and oil production industries, at a rate
proportional to the overall spill risk created by the various activities in which they are engaged. The
formula takes into account various factors within each sector, such as vessel or facility size, cargo,
type of fuel, volume of fuel, number of port visits, location and risk profile.
Each financial year Maritime New Zealand produces a financial plan for expenditure from the OPF,
which is referred to OPAC for agreement and recommendation for approval to the Minister of
Transport. Once the Minister approves the planned expenditure, an audit is required for the previous
year’s expenditure.
The OPL is subject to a regular review process to guarantee an appropriate level of funding is always
available. To establish the rate of the levy, the overall sum of levies required to ensure the fund
becomes self sustaining over time is determined, so that the sum total of levies collected meets the
annual cost of maintaining New Zealand’s marine oil spill preparedness and response capability
defined in the Strategy.
If needed during a response, emergency access to Crown funding has been arranged through the
Ministry of Transport, the Domestic and External Security Secretariat and the Treasury.
The Polluter Pays Principle
Wherever possible the full, reasonable cost of any spill response and clean-up operation will be
sought from the spiller. All efforts will be made at both the regional and national levels to ensure that
costs are recovered. The Maritime Transport Act provides the statutory mechanisms for all reasonable
response costs to be recovered from spillers by the regional councils or Maritime New Zealand.
21

24. In all cases, the OSC must keep strict and accurate records of the incident and a full account of all oil
spill response costs.
Financial Arrangements for Regional Councils
The Act provides for regional council costs associated with oil spill response contingency planning to
be met from the OPF. Every year each regional council will agree with Maritime New Zealand the sum
to be included in that region’s Annual Plan to meet costs for marine oil pollution response preparation
over the coming year.
These annual budgets will be prepared in accordance with the Maritime New Zealand publication - Oil
Spill Preparedness and Response, Guidelines for Regional Councils: Budget Planning and Preparation.6
The Maritime Transport Act also provides for regional councils to recover all of their legitimate marine
oil spill response costs from either the spiller or the OPF, if necessary. Another Maritime New Zealand
publication has been prepared to assist this process - Oil Spill Preparedness and Response,
Guidelines for Regional Councils: Prosecution and Cost Recovery.6
Under section 444 of the Act, regional councils also have delegated authority to recover costs for
approval, audit and inspection of Tier 1 sites and associated contingency plans directly from the
industry concerned.
Civil Liability and Compensation
The Act provides mechanisms for the recovery of costs relating to response, environmental damage
and economic loss. The provisions extend to civil liability and compensation for costs, loss (including
economic) or damage due to marine oil spills or response operations.
New Zealand is party to the 1992 International Convention on Civil Liability and Compensation (1992
CLC) and the 1992 International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage (1992 Fund). The Maritime Transport Act 1994 and
delegated legislation made under that Act gives effect to these international instruments in New
Zealand law.
The 1992 CLC creates a system of compulsory insurance for pollution damage for owners of tankers
capable of carrying in excess of 2000 tonnes of persistent oil as cargo. The maximum liability is
linked to the tonnage of the tanker. The 1992 Fund provides supplementary compensation to those
that cannot obtain full compensation for oil pollution damage under the 1992 CLC. 1992 CLC allows
for costs associated with humane intervention for wildlife to be recovered. The costs for Type 2
monitoring and environmental restoration might also be recoverable, but would be assessed on a
‘case-by-case’ basis and by prior agreement with the spiller or their insurers.
For non-tanker vessels greater than 400GRT, New Zealand law requires evidence of insurance
sufficient to meet owners' potential liability for pollution damage and response costs.
Compliance
Within the Territorial Sea, regional councils are responsible for compliance under the RMA. In the
remainder of New Zealand marine waters and in certain circumstances within the 12 nautical mile limit,
Maritime New Zealand ensures compliance under the Act. Both pieces of legislation have marine
pollution offence provisions that will be used by the respective agencies to seek compliance with the
relevant regulations and recover response costs.
Enforcement
Spillers can also be prosecuted under each piece of legislation by the relevant agency, and there is a
degree of independence in their actions. Maritime New Zealand may choose to pursue prosecution of
a Tier 2 spiller without the involvement of the regional council, and the reverse is equally true. Careful
consideration must be given to the chances of a successful prosecution, as costs are potentially
recoverable from the OPF rather than being borne by the organisation seeking the prosecution. The
OPF must be protected from bearing the costs of prosecutions that have little chance of success.
Regional councils must therefore consult with Maritime New Zealand at the earliest stage when
considering prosecution of an alleged offender, to agree the merits of the case. If Maritime New
6
Available on request from Maritime New Zealand.
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25. Zealand considers that the case is insufficient and recommends no further action to be taken, the
regional council is still within its rights to pursue the spiller through the courts. However, if ultimately
unsuccessful, any costs associated with the failed prosecution will not be recoverable from the OPF,
and will be borne by the regional council.
To assist regional councils, the National Plan contains various recommendations on the prosecution
process, and more comprehensive guidelines can be found in the Maritime New Zealand publication -
Oil Spill Preparedness and Response, Guidelines for Regional Councils: Prosecution and Cost
Recovery.66
In certain circumstances the Minister of Conservation or Department of Conservation may also be able
to prosecute (relevant legislation detailed in Appendix 5). Such action would be taken in consultation
with Maritime New Zealand.
International Response Arrangements
A major spill in New Zealand waters will almost certainly require international assistance and co-
operation. New Zealand may also be asked to assist other countries if they suffer a similar event.
This reciprocal commitment will be reflected by whatever mutual aid agreements and memoranda of
understanding are deemed appropriate, as well as by the international conventions to which New
Zealand is a party (see Appendix 6).
Assistance should be provided to other nations in accordance with these formal arrangements, and
unless previous agreements exist, may be initiated through the Ministry of Foreign Affairs and Trade.
The Director will consider requests for assistance outside New Zealand on a case-by-case basis,
bearing in mind the requirement to maintain New Zealand’s response capability.
New Zealand’s primary alliance is with Australia, through the MoU with the Australian Maritime Safety
Authority, that provides for co-operation with exercises, training, response equipment and expertise.
New Zealand is also a member of the South Pacific Regional Environment Programme, with regional
obligations to Pacific Island nations under the Pacific Ocean Pollution Prevention Programme
(PACPOL).
Agreements with agencies and organisations in other countries are in some cases quite informal. Such
agreements are progressively being reviewed and renewed on a more formal basis in order to provide
a greater degree of certainty and commitment.
Communication
Maritime New Zealand recognises the importance of effective strategic communications during
contingency planning and response. OSCs will be expected to seek specialist advice and support
from their own communications teams or from Maritime New Zealand staff.
Media interest during an oil spill response will be intense and therefore must be managed, rather than
dealt with on an ad hoc basis. Representatives of the local community are likely to be involved in an
advisory and consultative role during a response so it is expected that Maritime New Zealand will liaise
closely with local government in identifying community leaders and the processes by which they will be
kept fully informed.
The partnership approach that underpins other areas of the response strategy also applies to media
and community relations. During a Tier 3 response, the media and community relations team will be
staffed by local government personnel from the affected area and possibly from outside the local
area.
Information Management
Maritime New Zealand has established and will continue to maintain a national marine oil spill database.
All reported marine oil spill incidents (or suspected incidents) will be recorded on this database using
information provided by regional councils and other reporting agencies.
6
Available on request from Maritime New Zealand.
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26. In addition, Maritime New Zealand will maintain a response resource database as part of the National
Marine Oil Spill Contingency Plan. This will include all oil spill response equipment held by Maritime
New Zealand and other agencies as appropriate, and all trained oil spill responders.
Where appropriate, Maritime New Zealand will use and promote information technology to improve
management of contingency plans and response activities (e.g., the establishment of a ‘live’ incident
response website).
In recognition of the requirement for Geospatial Information (GI) for both oil spills and search and
rescue, the cross government approach for data sharing and data development will be further
facilitated. This will enable a complete ‘information systems’ approach to be used throughout
Maritime New Zealand, and in particular by the spill responders throughout the country. The purpose
of such a system is to aid decisions both ‘on scene’ and within the DAT.
Furthermore, the situational awareness at both sites should be improved to the point where real time
data flows (of dynamic data) will superimpose over static data stored at each site. This should
enhance the NOSC’s downward communication to working groups and the Director’s upward
communication to the Minister in a Tier 3 situation. The ultimate benefit will be the communication
between NOSC and the Director.
The Rescue Co-ordination Centre New Zealand
Maritime New Zealand now has responsibility for national search and rescue operations, which are
administered from the facilities of the Rescue Co-ordination Centre New Zealand (RCCNZ). Though
primarily focused on search and rescue activities, RCCNZ also undertakes some marine oil spill
response functions. This includes being the first point of contact for oil spills (both actual and
probable), the promulgation of this information to the appropriate authorities and the subsequent
facilitation of communication with the vessels involved.
Maritime Security
Maritime New Zealand’s Maritime Security Team is responsible for the regulation of New Zealand's
International Ship and Port Facility Security (ISPS) Code compliant ports and ships. The organisation
has no immediate response capability function for security, so it aims to ensure that the operating
environment for international maritime trade in New Zealand is secure against terrorist threats, and is
achieved through a whole of government approach to securing New Zealand's borders from such
activity.
Response issues concerning access to secure port areas should be addressed at the contingency
planning stage and detailed in Tier 2 plans.
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27. APPENDICES
Appendix 1 – Key Functions and Responsibilities of Industry
Sectors include: oil exploration & production, shipping, use & storage of oil.
Functions
• To prevent operational oil spills during normal activities;
• To develop and maintain oil spill contingency plans appropriate to their industry, location and
risk profile, in accordance with the relevant Marine Protection Rule;
• To be able to provide, at least, a minimum level of preparedness and response.
Responsibilities
• Develop, promote and practice an effective oil spill prevention philosophy among all those
involved in handling oils;
• Develop and maintain approved, site-specific oil spill contingency plans based on sound risk
assessment, in accordance with the relevant Marine Protection Rules, including:
o identifying locally sensitive environments;
o identifying activities that present a risk of an oil spill;
o nominating suitably qualified persons to act as the industry OSC;
o liaising with the relevant authority in the development of the plan;
o undertaking necessary audits;
o developing and implementing appropriate Standard Operating Procedures;
• Develop and maintain an operational response capacity to oil spills, as specified in the site
marine oil spill contingency plan;
• Ensure the safety of all personnel involved, as well as members of the public;
• Be a party to the regional response effort as agreed to in any regional marine oil spill
contingency plan;
• Assist any regional or national OSC with the salvage, storage, disposal and recycling of
recovered oil;
• Assist any OSC as required with skills, resources and expertise.
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28. Appendix 2 - Key Functions and Responsibilities of Regional
Councils
Functions
• To implement the provisions of the regional Marine Oil Spill Contingency Plan within the internal
waters and territorial sea of their region;
• To prepare annual marine oil spill management business plans, covering plan administration,
training, exercising, and equipment storage and maintenance, and submit these to Maritime New
Zealand;
• To approve, audit and monitor Tier 1 site marine oil spill contingency plans for shore-side oil
transfer sites within their region, including the internal waters and territorial sea;
• To prepare regional Tier 2 contingency plans;
• To maintain Tier 2 planning and response capabilities.
Responsibilities
• Develop and maintain a regional Marine Oil Spill Contingency Plan in accordance with the Marine
Protection Rule and guidelines issued by Maritime New Zealand;
• Complete regional shoreline clean-up and assessment (SCAT) pre-spill segmentation of their
coastline;
• Identify and liaise with:
o national agencies;
o regional agencies, including adjacent regional councils;
o district councils;
o industry groups;
o public and environmental groups;
• Formally consult with both the Department of Conservation and regional Tangata Whenua in the
development and review of their plan;
• Identify sensitive environments and establish priorities for protection;
• Develop and maintain a capacity to rescue and rehabilitate oiled wildlife in accordance with
guidelines issued by the Maritime New Zealand;
• Nominate and appoint suitably qualified persons to serve as ROSCs;
• Establish a regional response team (e.g., from port companies, industry, councils);
• In addition to responding to a Tier 2 marine oil spill, to bridge the gap when transitioning from
Tier 2 to Tier 3;
• Provide suitably trained, qualified and experienced response personnel for Tier 3 incidents as
required;
• Provide and co-ordinate a regular training programme for personnel with responsibilities for
planning or response, in line with the national guidelines;
• Test the plan by conducting regular exercises, in combination with other regions where
appropriate;
• Ensure the safety of all personnel involved in or associated with the oil spill response and clean-
up by complying with the HSE Act;
• Identify facilities for the storage, treatment or disposal of waste from an oil spill;
• Monitor and enforce legislative provisions;
• Store and maintain the marine oil spill response equipment provided by Maritime New Zealand in
accordance with the terms and conditions of the regional marine oil spill equipment loan
agreement.
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29. Appendix 3 - Key Functions and Responsibilities of Maritime
New Zealand
Function
To ensure New Zealand’s preparedness for, and ability to respond to, marine oil polluting spills (from
section 431(1)(f) of the Maritime Transport Act).
Responsibilities
The Director shall:
• Respond to a marine oil spill of any size, and monitor the progress of response activities during
an incident;
• Provide education on preventative measures;
• Collect and administer funds for marine oil pollution measures;
• Ensure adherence to responsibilities under international agreements to which New Zealand is a
contracting party;
• Implement standards and guidelines for:
o site, vessel, offshore installation, and regional marine oil spill contingency plans;
o oil spill response equipment acquisition, deployment, maintenance and operation;
o appointment of suitably qualified persons to act as national and regional OSCs;
o training of regional and national oil spill response personnel;
o site, vessel, installation, regional and national oil spill response exercises;
o oiled wildlife rescue, response and rehabilitation;
• Maintain the National Marine Oil Spill Contingency Plan;
• Maintain the ability to respond to all types and sizes of marine oil spills;
• Co-ordinate with governments and agencies overseas in respect of international support to the
National Marine Oil Spill Contingency Plan;
• Maintain a team of appropriately trained oil spill response personnel;
• Appoint suitably qualified and experienced persons to the position of NOSC;
• Approve the appointment of suitably qualified and experienced persons to the position of
regional OSC;
• Maintain a capacity to rescue and rehabilitate oiled wildlife;
• Maintain a national inventory of marine oil spill response equipment throughout New Zealand to
be available for response to regional, national and international level marine oil spills;
• Be able to provide support to a ROSC if required;
• Maintain a national database of contacts and trained personnel;
• Maintain a national database of marine oil spill incidents, collecting data in an appropriate format
from regional councils and other monitoring agencies;
• Develop a database on overseas incidents and how they are handled;
• Maintain the New Zealand Marine Oil Spill Response Strategy;
• Maintain an overview of the oil spill contingency plans, giving advice on matters relating to co-
ordination and economy;
• Liaise with regional councils and local industry groups to solicit their views and inform them of
Maritime New Zealand activities;
• Approve, audit and monitor regional Marine Oil Spill Contingency Plans
• Approve, audit and monitor Marine Oil Spill Contingency Plans for offshore installations located
beyond the 12-mile limit;
• Approve, audit and monitor shipboard oil spill emergency plans required under the MARPOL
convention;
• Co-ordinate and conduct training on oil pollution prevention, control and response technology;
• Chair and service OPAC;
• Liaise with government departments to ensure their full participation in the aspects of response
activities for which they have been designated;
• Liaise between regional councils;
• Research new technologies and ideas, and commission relevant research and experimentation;
• Disseminate information relating to oil pollution prevention, control and response to interested
parties;
• Monitor and enforce legislative provisions;
• Develop and implement standards for oil dispersant approval in consultation with industry and
other agencies.
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30. Appendix 4 - Key Functions and Responsibilities of the Oil
Pollution Advisory Committee (OPAC)
Functions
• To provide advice to Maritime New Zealand on all matters associated with the New Zealand
Marine Oil Spill Response Strategy;
• To provide advice on the levying and use of the Oil Pollution Fund.
The Committee may comprise:
• The Director; and
• Any other people appointed by the Minister of Transport who represent or have experience
relating to:
o the shipping industry;
o the oil and gas exploration and production industry;
o the oil refining and distribution industry;
o operators of port facilities;
o regional councils;
o Maritime New Zealand;
o Ministry of Transport;
o Ministry for the Environment;
o Department of Conservation;
o Te Puni Kokiri;
o the fishing industry.
Responsibilities
• Provide advice to Maritime New Zealand on the following (as defined in section 282 of the Act):
o the New Zealand Marine Oil Spill Response Strategy;
o the fixing and levying of Oil Pollution Levies;
o the use of the New Zealand Oil Pollution Fund;
o any other matters related to marine oil spills that the Minister of Transport or the Director
specifies.
Consultation Process
OPAC meets formally twice per year (the frequency could change since this is not a statutory
requirement), and will be kept informed of relevant issues pertaining to the Maritime New Zealand
budget in the intervening months. Sub-committees of OPAC will also be formed as required, to
advise on specific issues between meetings.
Nature of OPAC Advice
The Committee must be consulted on the range of issues detailed above, and their advice must be
given serious consideration, but any recommendations offered are non-binding. The process should
not be equated with negotiation, as there is no requirement that agreement or consensus must be
reached.
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