Vol. 29 No. 1 (2015): Australian and New Zealand Maritime Law Journal
Articles

Does the Maritime Transport Act 1994 (NZ) Effectively Inhibit Marine Pollution?

Published 2022-02-10

Abstract

It was almost midnight when the Fouler ploughed into New Zealand’s exclusive economic zone, destined for the port of Auckland. The Liberian flagged super-tanker had departed Ras Tanura, with its Filipino crew several weeks earlier. Laden with crude oil, it posed a serious danger to New Zealand’s marine environment. However, the threat of an accidental disaster was not the only menace the tanker posed. Intentional discharges and the culture of concealment fostered among the crew presented the greatest hazard. Motivated by gratuities if the costs of discharging at port reception facilities were avoided, the crew readily closed the valve to the waste oil feed and mechanically disconnected the fittings to the oily water separator (OWS). The chief engineer then redirected the waste oil feed line into a prefabricated piping system concealed under the engine room floor, bypassing the OWS and tunnelling directly into the sea. Orders were then given by the master to open the valve until all waste oils were discharged. Once complete, the crew perfunctorily reconnected the standard pipes, replaced the floor plates, and hastily applied spray paint to the paint-chipped bolts to conceal any lingering evidence. The crew worked competently under the cloak of night, discharging the toxic oils within the course of a few minutes. While the oily residues trailed the super tanker for several miles, the Fouler was safely in port and clear of any evidential connection before the operational discharge was exposed.