New Zealand oil spill response strategy - Maritime New Zealand

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
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