MARITIME TRANSPORT ACT 1994
1994 No 104

An Act -

(a) To continue the Maritime Safety Authority of New Zealand; and

(b) To enable the implementation of New Zealand's obligations under international maritime agreements; and

(c) To ensure that participants in the maritime transport system are responsible for their actions; and

(d) To consolidate and amend maritime transport law; and

(e) To amend the law relating to the health and safety of seafarers; and

(f) To protect the marine environment; and

(g) To continue, or enable, the implementation of obligations on New Zealand under various international conventions relating to pollution of the marine environment

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1) This Act may be cited as the Maritime Transport Act 1994.

(2) Except as provided in subsection (3) of this section, this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and, except in the case of the provisions referred to in section 214 of this Act, different dates may be so appointed by one or more Orders in Council for different provisions and different purposes.

(3) This section and sections 2, 214, and 221 of this Act shall come into force on the day on which this Act receives the Royal assent.

Part 1 - Preliminary Provisions

2 Interpretation

(1) In this Act, unless the context otherwise requires -

Accident means an occurrence that involves a ship and in which -

(a) A person is seriously harmed as a result of -

(i) Being on the ship; or

(ii) Direct contact with any part of the ship, including any part that has become detached from the ship; or

(iii) Direct exposure to the wash of the ship or interaction (other than direct contact) between 2 ships; or

(iv) Being involved in the salvage of any ship -

except where the injuries are self-inflicted or inflicted by other persons, or when injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

(b) The ship sustains damage or structural failure that -

(i) Adversely affects the structural strength, performance, or seaworthiness of the ship; or

(ii) Would normally require major repair or replacement of the affected component; or

(iii) Poses a threat to the safety of people on board the ship; or

(c) There is a complete or partial failure of machinery or equipment that affects the seaworthiness of the ship; or

(d) There is a loss of, or damage to, or movement of, or change in the state of, the cargo of the ship which poses a risk to the ship or other ships; or

(e) There is a significant loss of, or significant damage to, property (not being the cargo carried by the ship) or the property of any person (whether or not on board the ship), whether or not the loss or damage arises from an interaction between 2 ships; or

(f) There is a loss or escape of any substance or thing that -

(i) May result, or has resulted, in serious harm to any person; or

(ii) May pose a risk, or has resulted in damage, to the ship or other ships; or

(iii) May pose a risk, or has resulted in damage, to any property (whether or not on board the ship); or

(g) A person is lost at sea (whether or not subsequently found) or is missing; or

(h) The ship is foundering, capsizing, being abandoned, stranding, missing, or has foundered, capsized, been abandoned, stranded, been in a collision, or has had a major fire on board:

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

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

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

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

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

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

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

Articles of Agreement means an agreement between an employer and one or more seafarers setting out the terms and conditions of the seafarers' employment:

Authority means the Maritime Safety Authority of New Zealand continued by section 429 of this Act:

Commercial ship means a ship that is not -

(a) A pleasure craft; or

(b) Solely powered manually; or

(c) Solely powered by sail:

Continental shelf or continental shelf of New Zealand has the same meaning as in the Continental Shelf Act 1964:

Conventions, in relation to this Part and Parts 2 to 15 of this Act, means such conventions as may be declared for the purposes of any such Part by Order in Council pursuant to subsection (2) of this section; and includes the amendments to such conventions, being amendments to which New Zealand is a party that are declared in the same manner:

Crew means the persons employed or engaged in any capacity on board a ship (except a master, a pilot, or a person temporarily employed on the ship while it is in port):

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

Emergency rules means emergency maritime rules or emergency marine protection rules:

Employer means a person who employs or engages any other person (other than a person temporarily employed on the ship while it is in port or a pilot) to do any work for hire or reward on board a commercial ship or pleasure craft:

Fail includes refuse; and failure includes refusal:

Fishing ship means a ship used for catching fish, whales, seals, or other living resources of the sea for profit; and includes a ship that is recognised by the Director as being engaged in fisheries research:

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

Gross tonnage or gross tons, in relation to a ship, means the gross tonnage of that ship determined or recognised in accordance with the provisions of this Act or any maritime rules:

Harbour: [repealed].

Harm means illness, injury, or both; and to harm and harmed have corresponding meanings:

Hazard means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether or not arising or caused on board a ship) that is an actual or potential cause or source of harm; and hazardous has a corresponding meaning:

Incident means any occurrence, other than an accident, that is associated with the operation of a ship and affects or could affect the safety of operation:

Internal waters of New Zealand means the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977:

Load lines means the marks indicating several maximum depths to which a ship is permitted to be loaded in various circumstances prescribed by maritime rules or regulations made under this Act:

Marine protection rules means marine protection rules made by the Minister under Part 27 of this Act; and includes emergency marine protection rules made by the Director under section 391 of this Act:

Maritime document -

(a) Means any licence, permit, certificate or other document issued under Part 5 of this Act to or in respect of any person, ship, cargo, maritime procedure, or maritime product; and

(b) Includes any foreign licence, permit, certificate, or other document recognised by the Director under section 41 of this Act or accepted by the Director under section 42 of this Act:

Maritime product means anything that comprises or is intended to comprise any part of a ship or that is or is intended to be installed in or fitted or supplied to a ship; and includes -

(a) Safety equipment:

(b) Nautical instruments and publications, whether or not computerised or electronic, used or intended to be used in the operation of a ship:

(c) Electronic navigational aids used or intended to be used in the operation of a ship:

(d) Radio and other communication equipment:

(e) Fuel and other similar consumable items necessary for the operation of a ship:

Maritime rules means maritime rules made by the Minister under Part 4 of this Act; and includes emergency maritime rules made by the Director under section 37 of this Act:

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

Minister means the Minister of Transport

Ministry means the Ministry of Transport:

Mishap means an event that -

(a) Causes any person to be harmed; or

(b) In different circumstances, might have caused any person to be harmed:

Nautical instruments and publications means those instruments and publications (including computerised or electronic instruments and publications) used or intended to be used in the navigation of a ship:

Navigational aid includes -

(a) Any lightship and any floating or other light exhibited for the guidance of ships:

(b) Any description of a fog signal not carried on a ship:

(c) All marks and signs in aid of marine navigation:

(d) Any electronic, radio, or other aid to marine navigation not carried on board any ship:

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

New Zealand ship means a ship that is registered under the Ship Registration Act 1992; and includes a ship that is not registered under that Act but is required or entitled to be registered under that Act:

New Zealand waters means -

(a) The territorial sea of New Zealand; and

(b) The internal waters of New Zealand; and

(c) All rivers and other inland waters of New Zealand:

Operate, in relation to a ship, means to sail or use the ship, or cause or permit the ship to sail, be used, or be in any place, whether or not the person is present with the ship; and operating, operation, and operator have corresponding meanings:

Operating in New Zealand waters means any activity undertaken in New Zealand waters that involves calling in to a New Zealand port; but does not include the passage by a ship through New Zealand waters that does not involve calling in to a New Zealand port:

Owner -

(a) In relation to a ship registered in New Zealand under the Ship Registration Act 1992, means the registered owner of the ship:

(b) In relation to a ship registered in any place outside New Zealand, means the registered owner of the ship:

(c) In relation to a fishing ship, other than one to which paragraph (a) or paragraph (b) of this definition applies, means the person registered as the owner under section 57 of the Fisheries Act 1983:

(d) In relation to a ship to which paragraph (a) or paragraph (b) or paragraph (c) of this definition applies, where, by virtue of any charter or demise or for any other reason, the registered owner is not responsible for the management of the ship, includes the charterer or other person who is for the time being so responsible:

(e) In relation to an unregistered ship or a registered ship that does not have a registered owner, means the person who is for the time being responsible for the management of the ship:

Passenger means any person carried on a ship, other than -

(a) The master and members of the crew, and any other person employed or engaged in any capacity on board the ship on the business of the ship:

(b) A person on board the ship either in pursuance of an obligation laid upon the master to carry shipwrecked, distressed, or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled:

(c) A child under the age of 1 year:

Pilot, in relation to any ship, means any person not being the master or a member of the crew of the ship who has the conduct of the ship:

Plant includes -

(a) Appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle:

(b) Part of any plant, the controls of any plant, and anything connected to any plant:

Pleasure craft means a ship that is used exclusively for the owner's pleasure or as the owner's residence, and is not offered or used for hire or reward; but does not include -

(a) A ship that is provided for transport or sport or recreation by or on behalf of any institution, hotel, motel, place of entertainment, or other establishment or business:

(b) A ship that is used on any voyage for pleasure if it is normally used or intended to be normally used as a fishing ship or for the carriage of passengers or cargo for hire or reward:

(c) A ship that is operated or provided by any club, incorporated society, trust, or business:

Port includes place and harbour:

Prescribed means prescribed by this Act or by regulations or rules made under this Act:

Proper officer, in relation to any country other than New Zealand, means the person who is, by the law of that country, authorised or required -

(a) To do or perform the act or duty to which reference is made in the provisions of this Act in which the expression occurs; or

(b) To do or perform, in relation to ships registered in or belonging to that country, any act or duty of the same nature as the act or duty to which reference is made in the provisions of this Act in which the expression occurs; -

and includes a consular officer of New Zealand in any other country:

Reward -

(a) In the definition of the term employer in this section and in the definition of the term seafarer in this section, and in section 125(1) of this Act, means any remuneration, recompense, or other payment for service (whether of money or money's worth):

(b) In the definition of the term pleasure craft in this section -

(i) Includes the payment (whether of money or money's worth and whether directly or indirectly), to or for the benefit of the owner or master of a ship, of a contribution towards the expenses of a voyage by or on behalf of persons, or the owners of cargo, carried on board the ship during the voyage; but

(ii) Does not include the payment of any such contributions exclusively by part owners of the ship or by persons engaged as bona fide crew members:

Rules includes maritime rules and marine protection rules:

Safety equipment means any equipment carried on a ship for the health or safety of any person during the normal operation and working of the ship or for fire or the abandonment of the ship or other emergency; and includes anchors and chain cables:

Seafarer -

(a) Means any person who -

(i) Is employed or engaged on any ship in any capacity for hire or reward; or

(ii) Works on any ship for gain or reward otherwise than under a contract of employment; but

(b) Does not include a pilot or any person temporarily employed on a ship while it is in port:

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

Serious harm means -

(a) Death; or

(b) Harm of a kind or description referred to in the First Schedule to the Health and Safety in Employment Act 1992; or

(c) Harm of a kind or description declared by the Governor-General by Order in Council to be serious for the purposes of the Health and Safety in Employment Act 1992; -

and seriously harmed has a corresponding meaning:

Ship means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes -

(a) A barge, lighter, or other like vessel:

(b) A hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates:

(c) A submarine or other submersible:

Significant hazard means a hazard that is an actual or potential cause or source of -

(a) Serious harm; or

(b) Harm (being harm that is more than trivial) the severity of whose effects on any person depends (entirely or among other things) on the extent or frequency of the person's exposure to the hazard; or

(c) Harm that does not usually occur, or usually is not easily detectable, until a significant time after exposure to the hazard:

System, in relation to a ship, means any system incorporated in the ship which contributes to the safe navigation and working of the ship during normal operation or is required in the event of any emergency:

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

Tonnage measurement means measurement of a ship in accordance with the requirements of maritime rules:

Unit of account means one special drawing right as defined by the International Monetary Fund, the calculation of which, in New Zealand currency, is in accordance with section 88 of this Act:

Voyage means a journey by water from one port -

(a) To another port; or

(b) Back to the same port without calling at any other port:

Warship -

(a) Means a ship belonging to the armed forces of a State and bearing the external marks distinguishing the nationality of ships of that State, being a ship -

(i) Under the command of an officer duly commissioned by the Government of that State whose name appears in the appropriate service list or its equivalent; and

(ii) Crewed by crew subject to regular armed forces discipline; and

(b) Includes any ship requisitioned under section 10 of the Defence Act 1990; but

(c) Does not include any ship operated by the New Zealand Defence Force that operates, for the time being, for a commercial purpose.

(2) The Governor-General may from time to time, by Order in Council, declare -

(a) That any specified international convention relating to maritime transport, to which New Zealand is a party, shall be a convention for the purposes of this Part and Parts 2 to 15 of this Act, or such of them (or their provisions) as may be specified in the order:

(b) That any specified amendment to any such convention shall form part of that convention for any such purposes.

3 Act to bind the Crown

Except as provided in section 4 of this Act, this Act shall bind the Crown.

4 Application of this Act

(1) Except as otherwise provided in this Act, or in any regulations or rules made under this Act, nothing in this Act, or any regulations or rules made under this Act, shall apply to -

(a) Warships of the New Zealand Defence Force; or

(b) Warships of any other State; or

(c) Aircraft of the New Zealand Defence Force; or

(d) Aircraft of the defence forces of any other State; or

(e) Any ship owned or operated by a State other than New Zealand, if the ship is being used by that State for wholly governmental (but not including commercial) purposes; or

(f) The master or the crew of any ship referred to in paragraph (a) or paragraph (b) or paragraph (e) of this section; or

(g) Defence areas as defined in section 2 of the Defence Act 1990.

(2) The provisions of sections 344 to 352, 361, and 368 of this Act shall apply to warships of the New Zealand Defence Force and, for the purposes of determining any liability under any of those provisions in respect of any act or omission involving such a warship, any provision of this Act, the Resource Management Act 1991, or any other enactment referred to in those provisions shall be deemed to apply to such warships.

(3) Where it is alleged that the Crown has contravened a provision of this Act, or any rules or regulations made under this Act, and such contravention constitutes an offence -

(a) Any person may apply to the High Court for a declaration that the Crown has contravened that provision; and

(b) If satisfied beyond reasonable doubt that the Crown has contravened that provision, the Court may make a declaration to that effect.

5 Functions of Minister

(1) The principal functions of the Minister under this Act shall be -

(a) To promote maritime safety at a reasonable cost:

(b) To ensure New Zealand's obligations under the Conventions are implemented and to administer New Zealand's participation in them:

(c) To ensure New Zealand's preparedness for, and ability to respond to, marine oil pollution spills at a reasonable cost:

(d) To promote compliance with marine pollution prevention standards in the maritime transport system at a reasonable cost.

(2) For the purposes of subsection (1) of this section, a cost is a reasonable cost where the value of the cost to the nation is exceeded by the value of the resulting benefit to the nation.

Part 2 - Duties Relating To Health And Safety On Ships

Duties Of Employers Relating To Health And Safety Of Seafarers

6 Employers to ensure safety of seafarers

Every employer of seafarers on a New Zealand ship shall take all practicable steps to ensure the safety of the seafarers while on the ship; and in particular shall take all practicable steps to -

(a) Provide and maintain for seafarers a safe and seaworthy ship and a safe working environment on the ship; and

(b) Provide and maintain for seafarers on the ship facilities for their safety and health; and

(c) Ensure that plant used by any seafarer on the ship is so arranged, designed, made, and maintained that it is safe for the seafarer to use; and

(d) Ensure that while on the ship the seafarers are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working, or use of things -

(i) On the ship; or

(ii) Near the ship and under the employer's control; and

(e) Develop procedures for dealing with emergencies that may arise while seafarers are on the ship.

Duties Of Employers In Relation To Hazards

7 Identification of hazards to seafarers

(1) Every employer of seafarers on a New Zealand ship shall ensure that there are in place effective methods for -

(a) Systematically identifying to seafarers existing hazards on the ship; and

(b) Systematically identifying to seafarers (if possible before, and otherwise as, they arise) new hazards on the ship; and

(c) Regularly assessing each hazard identified, and determining whether or not it is a significant hazard.

(2) Where there occurs any mishap, or harm in respect of which an employer is required by section 30 of this Act to record particulars, the employer of seafarers on a New Zealand ship shall take all practicable steps to ensure that the occurrence is so investigated as to determine whether it was caused by or arose from a significant hazard.

8 Significant hazards to seafarers to be eliminated where practicable

Where there is a significant hazard to seafarers on a New Zealand ship, the employer shall take all practicable steps to eliminate it.

9 Significant hazards to seafarers to be isolated where elimination impracticable

Where -

(a) There is a significant hazard to seafarers on a New Zealand ship; and

(b) Either -

(i) There are no practicable steps that may be taken to eliminate it; or

(ii) All practicable steps to eliminate it have been taken, but it has not been eliminated -

the employer shall take all practicable steps to isolate it from the seafarers.

10 Significant hazards to seafarers to be minimised, and seafarers to be protected, where elimination and isolation impracticable

(1) Where -

(a) There is a significant hazard to seafarers on a New Zealand ship; and

(b) Either -

(i) There are no practicable steps that may be taken to eliminate it; or

(ii) All practicable steps to eliminate it have been taken, but it has not been eliminated; and

(c) Either -

(i) There are no practicable steps that may be taken to isolate it from the seafarers; or

(ii) All practicable steps to isolate it from the seafarers have been taken, but it has not been isolated -

the employer shall take the steps set out in subsection (2) of this section.

(2) The steps are -

(a) To take all practicable steps to minimise the likelihood that the hazard will be a cause or source of harm to the seafarers; and

(b) To ensure that there is provided for, accessible to, and used by the seafarers suitable clothing and equipment to protect them from any harm that may be caused by or may arise out of the hazard; and

(c) To monitor the seafarers' exposure to the hazard; and

(d) To take all practicable steps to obtain the seafarers' consent to the monitoring of their health in relation to the hazard; and

(e) With their informed consent, to monitor the seafarers' health in relation to exposure to the hazard.

Duties Of Employers In Relation To Information

11 Employees to be given results of monitoring

(1) This section applies to the results of any monitoring of any ship or any seafarer on a New Zealand ship, if it was undertaken in compliance with this Act; and -

(a) If the monitoring was undertaken by or on behalf of an employer; or

(b) If -

(i) The monitoring was undertaken by or on behalf of a department (within the meaning of the State Sector Act 1988) or the Authority; and

(ii) The results have been given to an employer.

(2) Subject to subsection (3) of this section, every employer of seafarers on New Zealand ships shall ensure that -

(a) Every seafarer is given all results to which this section applies of monitoring of the seafarer (whether as an individual or as one of a number of employees) in relation to health or safety; and

(b) All seafarers who ask for them are given all results to which this section applies of general monitoring of -

(i) Conditions in the seafarer's ship; or

(ii) The health or safety of seafarers there.

(3) Every employer of seafarers on New Zealand ships shall ensure that -

(a) There are omitted from all results to which this section applies given to any individual seafarer all information that identifies, or discloses anything about, any other individual seafarer; and

(b) There are omitted from all results to which this section applies given to any group of seafarers all information that identifies, or discloses anything about, any seafarer.

12 Information for seafarers generally

Every employer shall ensure that every seafarer who is on board or who does work of any kind, or uses plant of any kind, or deals with a substance of any kind, on a New Zealand ship has been given, in such a form and manner that the seafarer is reasonably likely to understand it, information about -

(a) What to do if an emergency arises while the seafarer is on board, or while doing work of that kind, using plant of that kind, or dealing with substances of that kind, on that ship; and

(b) All identified hazards to which the employee is or may be exposed while on board, or while doing work of that kind, using plant of that kind, or dealing with substances of that kind, on that ship, and the steps to be taken to minimise the likelihood that the hazards will be a cause or source of harm to the seafarer; and

(c) All identified hazards the seafarer will or may create while on board, or while doing work of that kind, using plant of that kind, or dealing with substances of that kind, on that ship, and the steps to be taken to minimise the likelihood that the hazards will be a cause or source of harm to other people; and

(d) Where all necessary safety clothing, devices, equipment, and materials are kept.

Duties Of Employers In Relation To Training And Supervision

13 Training and supervision

Every employer of seafarers on a New Zealand ship shall take all practicable steps to ensure that every seafarer who does work of any kind, or uses plant of any kind, or deals with a substance of any kind, on the ship -

(a) Either -

(i) Has; or

(ii) Is so supervised, by a person who has -

such knowledge and experience of maritime matters, and work, plant, or substances of that kind, as to ensure that the performance of the work, use of the plant, or dealing with the substance by the seafarer, is not likely to cause harm to the seafarer or to any other person; and

(b) Is adequately trained in the safe use of all plant, objects, substances, and protective clothing and equipment that the seafarer is or may be required to use or handle.

14 Seafarers to be involved in development of health and safety procedures

Every employer of seafarers on a New Zealand ship shall ensure that all seafarers employed by that employer have the opportunity to be fully involved in the development of procedures developed for the purposes of -

(a) Complying with sections 7 to 10 of this Act; or

(b) Dealing with or reacting to emergencies or imminent dangers.

Other Duties

15 Duties of employers in respect of persons who are not seafarers

Every employer of seafarers on a New Zealand ship shall take all practicable steps to ensure that no action or inaction of any seafarer while on the ship harms any other person.

16 Duties of seafarers

Every seafarer on a New Zealand ship shall take all practicable steps to ensure -

(a) The seafarer's safety while on the ship; and

(b) That no action or inaction of the seafarer while on the ship causes harm to any other person.

Part 3 - Duties In Relation To Maritime Activity

General Duties

17 General requirements for participants in maritime system

(1) Every person who does anything for which a maritime document is required (in the succeeding provisions of this section called a participant) shall ensure that the appropriate maritime documents and all the necessary qualifications and other documents are held by that person.

(2) Every participant shall comply with this Act, regulations made under this Act, maritime rules, and the conditions attached to the relevant maritime documents.

(3) Every participant shall ensure that the activities or functions for which the maritime document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

(4) Every participant -

(a) Shall, if so required by maritime rules, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and

(b) Shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and

(c) Shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.

18 General requirements for persons other than participants

Every person, other than a participant (within the meaning of section 17 of this Act), who -

(a) Operates any ship; or

(b) Is responsible for any maritime product; or

(c) Is otherwise engaged in any maritime activity -

shall comply with the relevant provisions of this Act and any relevant rules.

19 Duties of master

(1) The master of a ship shall -

(a) Be responsible for the safe operation of the ship on a voyage, the safety and wellbeing of all passengers and crew, and the safety of cargo carried; and

(b) Have final authority to control the ship while in command and for the maintenance of discipline by all persons on board; and

(c) Be responsible for compliance with all relevant requirements of this Act and regulations and maritime rules made under this Act, except in an emergency when, in the interests of safety, immediate action in breach of this Act or of regulations or maritime rules made under this Act is necessary; and

(d) Where an emergency requires that in the interests of safety an action is necessary that breaches this Act, or regulations or maritime rules made under this Act, as soon as practicable, notify the Director of the action and the circumstances which necessitated it and, if requested by the Director, provide to the Director a written report in respect of the action.

(2) For the purposes of subsection (1)(c) of this section, a breach of any prescribed requirement is permitted only if -

(a) The emergency involves a danger to life or property; and

(b) The extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and

(c) There is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and

(d) The degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.

(3) Nothing in subsection (1)(c) of this section permits -

(a) The breach of any prescribed requirement as to the seaworthiness of a ship; or

(b) The operation of a ship by a person who does not hold the appropriate maritime document; or

(c) The operation of a ship by a person who does not have authority to operate that ship.

(4) Every master commits an offence and is liable to a fine not exceeding $5,000 who, without reasonable excuse, fails to comply with subsection (1)(d) of this section.

20 Duty to report dismissals

(1) The employer of any seafarer on a New Zealand ship shall report to the Director any dismissal from employment of a seafarer that is a dismissal related to violence, alcohol, the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975), or the misuse of prescription medicines (as defined in the Medicines Act 1981).

(2) The Director shall not release the name of any person reported under subsection (1) of this section unless the person's name appears on a list maintained under section 52(4) of this Act; and any release of such a name shall be made only to the extent provided for in section 52(4) of this Act.

21 Pleasure craft departing for overseas

(1) No master of a pleasure craft shall permit that pleasure craft to depart from any port in New Zealand for any place outside New Zealand unless -

(a) The Director has been notified in writing of the proposed voyage and the full name of the person who is in command of the pleasure craft; and

(b) The Director is satisfied that the pleasure craft and its safety equipment are adequate for the voyage; and

(c) The Director is satisfied that the pleasure craft is adequately crewed for the voyage; and

(d) The pleasure craft and the master comply with any relevant maritime rules.

(2) No pleasure craft shall be entitled to a certificate of clearance to depart from any port in New Zealand under the Customs and Excise Act 1996 unless subsection (1) of this section has been satisfied.

Duties In Relation To Crewing

22 Employer's duties in relation to seafarers of New Zealand ships on overseas voyages

(1) Every employer of a seafarer on any New Zealand ship, other than a pleasure craft, going on an overseas voyage shall -

(a) Prior to the departure of the ship -

(i) Enter into articles of agreement, in a form approved by the Director as meeting the requirements of the relevant convention and subsection (2) of this section, with every seafarer (except the master), in relation to the voyage; and

(ii) Post the articles of agreement up in a place on the ship easily accessible from the seafarer's quarters; and

(b) Ensure that any termination of a period of employment of a seafarer is by notice in writing; and

(c) Make provision on termination of the voyage, or where the seafarer has been left behind by the ship by reason of -

(i) Injury sustained during his or her employment on the ship; or

(ii) Shipwreck; or

(iii) Illness, which is not due to the seafarer's own wilful act or default; or

(iv) Discharge for any cause for which the seafarer cannot be held responsible -

to return each seafarer to his or her own country, or to the port where that seafarer was employed, or to the port where the voyage commenced, or to such other place (if any) as may be agreed between the employer and the seafarer; and an employer of a seafarer shall be deemed to have made adequate provision under this paragraph if the seafarer has been provided with suitable employment on board a vessel proceeding to one of the foregoing destinations; and

(d) Provide to the seafarer, if requested by the seafarer, a certificate as to the quality of the seafarer's work and whether the seafarer has fully discharged his or her obligations under any articles of agreement with the employer.

(2) The articles of agreement shall include a statement that the agreement shall be terminated by -

(a) Mutual consent of the employer and the seafarer; or

(b) Death of the seafarer; or

(c) Loss or total unseaworthiness of the ship.

(3) A seafarer on a New Zealand ship may recover from the seafarer's employer, or any agent of the employer, the reasonable expenses incurred by the seafarer in returning to his or her own country, or to the port where the crew member was employed, if the employer of that seafarer does not comply with the employer's obligations under subsection (1)(c) of this section.

(4) For the purposes of this section -

Overseas voyage means a voyage to a port outside New Zealand:

Reasonable expenses means all reasonable transportation charges, accommodation, and food expenses, in respect of the period commencing when the seafarer was left behind and ending with the end of the return journey; and includes maintenance in respect of the period commencing when the seafarer was left behind and ending with the time fixed for the seafarer's return journey departure.

23 Employer's duties in relation to seafarers on New Zealand ships

(1) Every employer of seafarers on a New Zealand ship shall -

(a) Provide food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality, and variety; and

(b) Ensure that any seafarer requiring medical attention while overseas receives all necessary medical attention at the employer's expense; and

(c) In the event of the loss or foundering of the ship, pay to every seafarer wages at the normal rate until -

(i) The seafarer is otherwise employed; or

(ii) The expiry of 2 months from the date of the loss or foundering -

whichever first occurs; and

(d) Maintain a record (in a form prescribed or in a form approved by the Director) of the employment on board a New Zealand ship of every seafarer employed on that ship by that employer and provide to a seafarer, if requested by that seafarer, a copy of the record applying to that seafarer.

(2) Any wages payable under subsection (1) of this section shall be recoverable in the same manner as wages earned by the seafarer during his or her normal employment.

24 Inspection of provisions

Without limiting section 54 of this Act, the Director shall, upon receipt of a written complaint from not less than half the crew of a New Zealand ship, carry out such inspections and audits under that section as he or she considers appropriate to ascertain compliance with section 23(1)(a) of this Act.

25 Body and effects of deceased seafarer

(1) Subject to subsection (2) of this section, every employer of seafarers on a New Zealand ship shall make suitable arrangements for the body and effects of any seafarer who dies in the course of a voyage, which may include the return of the body to the deceased's next of kin or the burial or cremation of that body.

(2) The employer shall endeavour to ascertain the reasonable wishes of the deceased's next of kin and shall, where practicable, comply with those wishes.

26 Provisions relating to crewing of New Zealand ships and young persons

(1) Every employer of seafarers on a New Zealand ship shall keep a register of all persons under the age of 18 years who are employed on that ship and the register shall include the date of birth of each such person.

(2) No person shall employ on any New Zealand ship -

(a) Any person of an age that requires that person to be enrolled at a school; or

(b) Any person under the age of 18 years as a trimmer or stoker.

(3) Notwithstanding subsection (2) of this section, where an employer has not been able, after taking all reasonable steps, to obtain a person over 18 years of age as a trimmer or stoker in a port, the employer may employ on a New Zealand ship a person over the age of 16 years as a trimmer or stoker in that port, but in any such case 2 persons over the age of 16 years shall be employed to do the work which would otherwise have been performed by one person over the age of 18 years.

(4) Nothing in subsection (2) of this section applies to the employment of a person to carry out work on a training ship if the carrying out of such work by a person of that age is approved by the Director.

27 Prohibition on receiving remuneration for placing seafarers in employment

(1) No person shall carry on for pecuniary gain, directly or indirectly, any undertaking in relation to the finding of employment for seafarers (other than persons to be employed or engaged in fishing within the meaning of the Fisheries Act 1996 and masters) on any ship nor shall any person charge, directly or indirectly, any fees for finding employment for such seafarers on any ship.

(2) Every person commits an offence and is liable to a fine not exceeding $200 who acts in contravention of subsection (1) of this section.

Liens On Ships By Crew And Masters

28 Members of crew not to contract out of rights

(1) A member of the crew of a ship shall not by any agreement forfeit his or her lien on the ship, or be deprived of any remedy for the recovery of his or her wages, or abandon his or her right to wages in case of the loss of the ship, or abandon any right that he or she may have or obtain in the nature of salvage; and every stipulation in any agreement inconsistent with this subsection shall be void.

(2) Nothing in this section shall apply to a stipulation made by a member of the crew of any ship with respect to the remuneration to be paid to that member of the crew for salvage services to be rendered by that ship if, according to the terms of the agreement, the ship is to be employed on salvage service.

29 Master to have same rights as members of crew

(1) The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his or her wages as a member of the crew of the ship has under this Act or by any law or custom.

(2) The master of a ship, and every person lawfully acting as master, shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements and liabilities properly made or incurred by the master on account of the ship as a master has for the recovery of his or her wages.

Duties In Relation To Accidents, Incidents, Etc.

30 Recording and notification of accidents, incidents, and mishaps

Every employer of seafarers on a New Zealand ship shall maintain (in a form approved by the Director) a register of accidents, incidents, and mishaps; and shall record in the register particulars relating to -

(a) Every accident or incident; and

(b) Every mishap.

31 Obligation to notify all accidents, incidents, etc.

(1) The master of -

(a) Any New Zealand ship; or

(b) Any foreign ship in New Zealand waters -

that is involved in a mishap that results in serious harm to a person, an accident, or an incident, shall notify the mishap, accident, or incident to the Authority as soon as practicable.

(2) If, due to injuries or death or for other good reason, the master of a ship referred to in subsection (1) of this section is unable to give the necessary notice under that subsection, the operator of the ship shall provide the necessary notice.

(3) Every person who -

(a) Operates, maintains, or services, or does any other act in respect of any New Zealand ship, any foreign ship in New Zealand waters, or any maritime product; and

(b) Is involved in an accident, incident, or mishap resulting in serious harm, involving a New Zealand ship, or a foreign ship in New Zealand waters -

shall, where required to do so under maritime rules, notify the accident, incident, or mishap to the Authority as soon as practicable.

(4) The co-ordinator of any search and rescue operation for any ship or person missing at sea shall notify the Authority of the operation as soon as practicable.

(5) The Authority may, on being notified under this section, request such additional information in such form as it considers appropriate in each specific case, and the master or operator or person of whom the request is made shall provide the additional information forthwith.

32 Duty to assist persons in danger and to respond to distress calls

(1) The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall, so far as the master can do so without serious danger to the ship and persons on board -

(a) Render assistance to any person found at sea in danger of being lost:

(b) After a collision, render assistance to the other ship, its crew, and its passengers:

(c) After a collision, inform the master of the other ship of the name of his or her own ship, its port of registry, and the nearest port at which it will call.

(2) On receiving a signal that a ship, aircraft, or survival craft is in distress, the master of a ship referred to in subsection (1) of this section shall -

(a) Proceed with all speed to the assistance of the persons in distress and, if possible, inform them of that fact; and

(b) Comply with any requisition to the master's ship by the master of the ship in distress by continuing to proceed with all speed to the assistance of persons in distress.

(3) Subsection (2)(a) of this section does not apply if -

(a) The master is unable, or, in the special circumstances of the case, considers it unreasonable or unnecessary, to proceed to the assistance of the persons in distress; or

(b) The master is informed that one or more ships have been requisitioned and are complying with the requisition.

(4) Neither paragraph (a) of subsection (2) of this section nor, if the ship has been requisitioned, paragraph (b) of that subsection, shall apply if the master is informed by the persons in distress or by the master of another ship which has reached the persons that assistance is no longer necessary.

(5) The master of a New Zealand ship that is required to carry a logbook shall enter in the logbook a record of every distress signal received and any reason for failing to go to the assistance of persons in distress in accordance with subsection (3)(a) of this section.

(6) Every person commits an offence who fails to comply with this section and is liable to -

(a) Imprisonment to a term not exceeding 12 months; or

(b) A fine not exceeding $100,000; or

(c) Both.

33 Reporting of dangers to navigation

(1) The master of a New Zealand ship and the master of a foreign ship in New Zealand waters shall report to ships in the vicinity, and the nearest radio communication station with which it is possible for the ship to communicate, any danger to navigation, including the failure or displacement of any navigational aid.

(2) Every person commits an offence and is liable to a fine not exceeding $10,000 who fails, without reasonable excuse, to comply with this section.

Part 4 - Further Regulation Of Maritime Activity

Maritime Rules

34 Maritime rules relating to maritime documents

(1) Maritime rules made under this Part of this Act may require that a maritime document be held by or in respect of all or any of the following:

(a) New Zealand ships:

(b) All ships (including foreign ships) operating in New Zealand waters:

(c) The owners and operators of, and seafarers on, New Zealand ships or foreign ships operating in New Zealand waters:

(d) Persons or organisations having a direct involvement in ship operations or ship or maritime product safety services:

(e) Maritime products used on, by, or in relation to New Zealand ships or foreign ships operating in New Zealand waters:

(f) Persons or organisations that provide -

(i) Maritime training; or

(ii) The testing, inspecting, audit, or certification of ships or maritime products; or

(iii) The design, manufacture, or maintenance of ships or maritime products:

(g) Shipping operations and management:

(h) Shipping containers:

(i) Navigational aid installations:

(j) Such other persons, ships, maritime products, maritime related services, facilities, and equipment as may be operated or engaged or used in New Zealand waters or in support of the maritime system.

(2) The requirements, standards, and application procedure for each maritime document, and the maximum period for which each document may be issued or recognised, as the case may be, shall be prescribed by maritime rules.

(3) Subject to any maritime rules, a maritime document may be issued or a document may be recognised as a maritime document, as the case may be, by the Director for such period and subject to such conditions as the Director considers appropriate in each particular case.

(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

35 Application for maritime document

(1) Every application for the grant or renewal of a maritime document or the recognition of a document as a maritime document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.

(2) Every applicant for a maritime document shall include in his or her application his or her address for service in New Zealand including, where applicable, telephone and facsimile numbers.

(3) It shall be the duty of every holder of a maritime document to maintain the currency of the information provided under subsection (2) of this section by promptly notifying the Director of any changes to the address, telephone number, or facsimile number.

(4) The Director shall ensure that a record of all information provided under this section is maintained at the Maritime Registry.

(5) Service of any notification under this Act on a holder of, or an applicant for, a maritime document shall be effective service if served at the address last provided by that holder or applicant under this section.

36 Maritime rules relating to other matters

(1) The Minister may from time to time make maritime rules for all or any of the following purposes:

(a) Classifying ships as to type, nature of service, operating limits, or otherwise:

(b) The implementation of technical standards, codes of practice, performance standards, and other requirements of the conventions:

(c) Prescribing standards and requirements for the design and construction of, or major alteration to, any ship:

(d) Prescribing standards and requirements for the accommodation of seafarers or passengers on any commercial ship:

(e) Prescribing the provision of medical supplies and facilities on any ship, their stowage, maintenance, and periodic inspection, and requiring medical officers on ships:

(f) Prescribing the requirements for the maintenance and periodic inspection or testing of the hull, machinery, and systems of any ship, safety equipment, or any maritime products of any ship:

(g) Prescribing safe navigational and maritime operational and emergency procedures, including such procedures for any seaplane, and any training requirements in respect of such procedures:

(h) Prescribing operational and emergency procedures for the assistance of persons in distress at sea and in respect of collisions:

(i) Defining operating limits and pilotage limits; and specifying requirements concerning pilotage (including when and where pilotage is required or is not required, and the classes of ships that must carry a pilot in circumstances described in the rules):

(j) Prescribing standards and requirements for the safe management of commercial shipping operations:

(k) Requiring the recording and retention of operational information and prescribing the details of any reporting that is required by this Act:

(l) Prescribing criteria for determining the maximum number of passengers or persons that may be carried on any ship and for assigning and marking load lines on any ship:

(m) Prescribing standards and requirements for the carriage on a ship of any cargo, container, or personal property (including any item brought on to the ship by a passenger or other person, or carried in or on a vehicle on the ship); and prescribing standards and requirements concerning containers carried on a ship:

(n) Prescribing the minimum number of seafarers to be employed on any commercial ship, their qualifications, and experience:

(o) Prescribing standards, specifications, qualifications, restrictions, and licensing requirements for persons engaged in maritime activities, including any medical requirements and requirements relating to the keeping of records of qualifications, restrictions, and licences:

(p) Prescribing technical standards or requirements relating to the health and safety of seafarers:

(q) Prescribing the format of maritime documents, forms, and applications:

(r) Prescribing the requirements and criteria for determining the tonnage measurement, length, and size of any ship:

(s) Prescribing the criteria and conditions under which foreign licences, permits, certificates, or other documents will be recognised by the Director under section 41 of this Act:

(t) Prescribing standards and requirements for maritime products (including safety equipment), and prescribing the maritime products to be carried on any ship:

(ta) Prescribing standards and requirements for navigational aids:

(tb) Regulating the conduct of ships in New Zealand waters or the conduct of ships in any defined part of New Zealand waters, for the purpose of securing safe navigation in those waters:

(u) Prescribing or providing for such matters as may be necessary -

(i) To enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport:

(ii) To implement such international practices or standards relating to maritime transport as may, from time to time, be recommended by the International Maritime Organisation:

(v) Such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(2) Without limiting anything in subsection (1), rules under this section may apply to river rafts and other manually-powered water craft and to their operators, crew, and passengers.

37 Power of Director to make emergency maritime rules

(1) The Director may from time to time make emergency maritime rules for any purpose for which the Minister may make maritime rules under this Part of this Act, if the Director considers that -

(a) Such rules are necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property; and

(b) It is not practicable in the circumstances of the particular case for the Minister to make maritime rules to effectively alleviate or minimise the risk concerned.

(2) The Minister may revoke any emergency maritime rule and the revocation shall be notified as if it were an emergency rule.

38 Contravention of emergency maritime rule

(1) Every person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with any emergency maritime rule made under section 37 of this Act.

(2) Every person who commits an offence against subsection (1) of this section is liable -

(a) In the case of an individual, to a fine not exceeding $5,000:

(b) In the case of a body corporate, to a fine not exceeding $30,000.

Requirements In Relation To Maritime Rules

39 Matters to be taken into account in making maritime rules

(1) The maritime rules made by the Minister and the emergency maritime rules made by the Director shall not be inconsistent with international standards relating to maritime safety, and the health and welfare of seafarers, to the extent adopted by New Zealand.

(2) In making any maritime rule, the Minister or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:

(a) The recommended international practices relating to maritime safety and to the health and welfare of seafarers:

(b) The level of risk existing to maritime safety in each proposed activity or service:

(c) The nature of the particular activity or service for which the rule is being established:

(d) The level of risk existing to maritime safety in New Zealand in general:

(e) The need to maintain maritime safety:

(f) The costs of implementing and enforcing maritime safety measures:

(g) The international circumstances in respect of maritime safety:

(h) Such other matters as the Minister or the Director, as the case may be, considers appropriate in the circumstances.

40 Further provisions relating to rules

The provisions of sections 446 to 452 of this Act apply in relation to rules made under this Part of this Act.

Part 5 - Powers And Duties Of Director Of Maritime Safety In Relation To Maritime Activity

Powers In Relation To Maritime Documents

41 Issue of maritime documents and recognition of documents

(1) After considering any application under section 35 of this Act, the Director shall, as soon as practicable, grant the application if he or she is satisfied that -

(a) All things in respect of which the document is sought or, in the case of an application for recognition of a document as a maritime document, all things to which the document relates, meet any relevant prescribed requirements; and

(b) The applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document -

(i) Either hold the relevant prescribed qualifications and experience or hold such qualifications as are acceptable to the Director under subsection (2) of this section; and

(ii) Are fit and proper persons to have such control or hold the document; and

(iii) Meet all other relevant prescribed requirements; and

(c) It is not contrary to the interests of maritime safety for the document to be granted, renewed, or recognised.

(2) For the purpose of granting or renewing a maritime document, or recognising a document as a maritime document, the Director may, subject to any provisions in the maritime rules, recognise such qualifications or certifications as he or she considers appropriate in each case.

(3) In no case shall the Director recognise foreign qualifications or foreign certificates where -

(a) The requirements to gain such qualifications or to obtain such certificates are less than the requirements to gain similar qualifications or to obtain similar certificates in New Zealand; and

(b) The Director believes that to recognise such qualifications or certificates might pose a risk or danger to the safety of any person, to property, or to the marine environment.

(4) Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either -

(a) Issue an equivalent maritime document under this section; or

(b) Notify in writing such recognition.

(5) It shall be a condition of every current maritime document issued or recognised by the Director that the holder shall continue to satisfy the fit and proper person criteria specified in subsection (1)(b)(ii) of this section.

(6) Where the Director declines to grant an application under section 35 of this Act, the applicant may appeal against that decision to a District Court under section 424 of this Act.

(7) Nothing in this section applies in respect of any ship, crew, or maritime product in respect of which section 42 of this Act applies.

42 Acceptance of convention documents

(1) Subject to subsection (2) of this section, the Director shall accept every valid licence, permit, certificate, or other document issued or approved by a State, other than New Zealand, under a convention to which that State and New Zealand are both parties; and, for the purposes of this Act, such documents shall be deemed to be maritime documents.

(2) The Director shall not accept, or shall suspend acceptance of, any documents referred to in subsection (1) of this section where he or she has clear grounds for believing that -

(a) The condition of the ship or maritime product does not correspond substantially with the particulars of any document relating to the ship or maritime product; or

(b) The condition of the ship or maritime product has not been maintained in accordance with the provisions of any requirements leading to the issue of that document; or

(c) The ship is not in all respects fit to proceed to sea without danger to the ship or the persons on board or without presenting an unreasonable threat of harm to the marine environment; or

(d) The ship or maritime product has been materially altered without the sanction of the State that issued or approved the document; or

(e) The document has been fraudulently obtained or the holder of the document is not the person to whom the document was originally issued.

(3) Sections 35, 41, 43 to 51, 68, 69, 73 to 78, 406(b), and 406(c) of this Act shall not apply to any document referred to in subsection (1) of this section.

(4) This section applies in respect of -

(a) Every ship, other than a New Zealand ship, registered in a country that is a party to any convention to which New Zealand is also a party:

(b) The crew of every ship referred to in paragraph (a) of this subsection:

(c) The maritime products of every ship referred to in paragraph (a) of this subsection.

43 Suspension of maritime documents or imposition of conditions

(1) The Director may from time to time -

(a) Suspend any maritime document issued by the Director under this Act or under any maritime rules, or impose conditions in respect of any such maritime document; or

(b) Suspend the Director's recognition as a maritime document of any document issued by another person or any organisation, or impose conditions in respect of such recognition -

if he or she considers such action necessary in the interests of maritime safety, and if he or she -

(c) Is satisfied that the holder has failed to comply with any conditions of the relevant maritime document or with the requirements of section 17 of this Act; or

(d) Is satisfied the holder has contravened or failed to comply with section 406 of this Act; or

(e) Is satisfied such action is necessary to ensure compliance with any provisions of Parts 1 to 15 of this Act or any regulations or maritime rules made under this Act; or

(f) Considers that the privileges or duties for which the document has been granted, or the relevant document has been recognised as a maritime document, are being carried out by the holder in a careless or incompetent manner.

(2) Without limiting the general provisions of subsection (1) of this section, the Director may suspend any maritime document, or the recognition of any document as a maritime document, relating to the use of any ship, or maritime product, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the seaworthiness of the ship or as to the quality or safety of the maritime product to which the document relates.

(3) Unless the suspension or the imposition of conditions is extended under subsection (4) or remains in force by virtue of subsection (5A), the suspension of a maritime document, the suspension of recognition of a document as a maritime document, or the imposition of conditions under this section remains in force until -

(a) The close of the 14th day after the date of the imposition of the suspension or conditions; or

(b) The Director decides what action (if any) under subsection (4) or section 51 is to be taken -

whichever happens first.

(4) Before the expiry of the 14-day period referred to in subsection (3)(a), the Director may, on the grounds set out in subsection (1) for action the Director may take under that subsection, do 1 or more of the following:

(a) Extend the period of a suspension, or the period during which conditions apply, by a specified further period:

(b) Impose, vary, or lift conditions:

(c) Suspend the maritime document, or recognition of the document as a maritime document, for a specified period.

(5) When a maritime document or recognition of a document as a maritime document is suspended or a maritime document is made subject to conditions under this section, the holder of the document or recognition must immediately produce the maritime document or the document of recognition to the Director, and -

(a) The Director must endorse the document to indicate the action taken under this section; and

(b) The Director may retain a document while it is suspended.

(5A) If notice of a proposed revocation of a maritime document or recognition of a document as a maritime document is given in accordance with section 51 either at the same time as the suspension of the document or recognition under this section is imposed or while the suspension is in force, the document or recognition to which the notice relates remains suspended until the Director finally decides whether to revoke the document or recognition under section 44.

(6) The whole or any part of a maritime document, or the recognition of the whole or any part of a document recognised as a maritime document, may be suspended under this section.

(7) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

44 Revocation of maritime documents

(1) If, at any time after an investigation carried out to decide whether any action should be taken under section 43, the Director believes that any relevant maritime document or the recognition of a document as a maritime document should be revoked, the Director may revoke that document or the recognition of that document.

(2) Where the Director proposes to revoke a maritime document or the recognition of a document as a maritime document, the Director shall give notice in accordance with section 51 of this Act, which shall apply as if the proposed revocation were a proposed adverse decision under this Act.

(3) Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.

(4) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

45 Amendment or revocation in other cases

(1) The Director may -

(a) If so requested in writing by the holder of any maritime document issued by the Director, amend or revoke the document as requested:

(b) Amend any maritime document issued by the Director to correct any clerical error or obvious mistake on the face of the document.

(2) Subject to subsection (3) of this section, the Director may do any of the following:

(a) Amend any maritime document issued by the Director to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:

(b) Revoke any maritime document issued by the Director, or revoke the recognition of any document as a maritime document, if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder.

(3) Before taking any action under subsection (2) of this section, the Director shall notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.

(4) The power to amend a maritime document under this section includes -

(a) Power to revoke the document and issue a new document in its place; and

(b) Power to impose reasonable conditions.

(5) When the holder of a maritime document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director.

46 Suspension or revocation of maritime document where prescribed fees or charges unpaid

(1) Where any fee or charge payable under this Act or any regulations made under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the maritime document, or suspend recognition of the document as a maritime document, to which the unpaid fee or charge relates.

(2) Where any fee or charge payable under this Act or any regulations made under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the maritime document, or revoke recognition of the document as a maritime document, to which the fee or charge relates.

(3) Before undertaking any action under subsection (1) or subsection (2) of this section, the Director shall notify the holder of that document of -

(a) The Director's intention to act under subsection (1) or subsection (2) of this section; and

(b) The right of appeal available to the holder of that document in the event of the Director taking such action.

(4) Where a maritime document or recognition of a document as a maritime document has been revoked under this section, the holder shall forthwith surrender that document or notification of recognition of that document to the Director.

(5) Where a fee or charge is payable to the Authority or the Director in respect of an application or the provision of a service, the Authority or the Director, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.

(6) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 424 of this Act.

47 Exemption

(1) The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, ship, or maritime product from any specified requirement in any maritime rule.

(2) The Director shall not grant an exemption under subsection (1) of this section unless he or she is satisfied in the circumstances of each case that -

(a) The granting of the exemption will not breach New Zealand's obligations under any convention; and

(b) Either -

(i) The requirement has been substantially complied with and that further compliance is unnecessary; or

(ii) The action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

(iii) The prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

(iv) Events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case; and

(c) The risk to safety will not be significantly increased by the granting of the exemption.

(3) The number and nature of any exemptions granted under subsection (1) of this section shall be notified as soon as practicable in the Gazette.

(4) Nothing in this section shall apply in any case where any maritime rule specifically provides that no exemptions are to be granted.

48 Powers of Director in relation to examinations, etc.

For the purposes of granting or renewing maritime documents in respect of personnel under this Act, the Director may set, conduct, and administer examinations and tests, and carry out such other functions in relation to such examinations and tests as may be necessary.

49 Criteria for action under section 43 or section 44

(1) The provisions of this section shall apply for the purpose of determining whether a maritime document, or recognition of a document as a maritime document, should be suspended or made subject to conditions under section 43 or revoked under section 44 of this Act.

(2) Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:

(a) The person's compliance history with transport safety regulatory requirements:

(b) Any conviction for any transport safety offence, whether or not -

(i) The conviction was in a New Zealand Court; or

(ii) The offence was committed before the commencement of this Act:

(c) Any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule made under this Act.

(3) The Director shall not be confined to consideration of the matters specified in subsection (2) of this section and may take into account such other matters and evidence as may be relevant.

(4) The Director may -

(a) Seek and receive such information as the Director thinks fit; or

(b) Consider information obtained from any source.

(5) If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6) of this section, as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

(6) Nothing in subsection (5) of this section shall require the Director to -

(a) Disclose any information the disclosure of which would be likely to endanger the safety of any person; or

(b) Disclose any information before -

(i) Suspending a maritime document or suspending the recognition of a document as a maritime document; or

(ii) Imposing conditions in respect of a maritime document under section 43 of this Act.

(7) Where the Director determines not to disclose any information in reliance on subsection (6) of this section -

(a) The Director shall inform the person of the fact of non-disclosure and that the person may seek a review by an Ombudsman of that non-disclosure pursuant to the Official Information Act 1982; and

(b) The provisions of that Act shall apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

50 Criteria for fit and proper person

(1) For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, or under the maritime rules, the Director shall, having regard to the degree and nature of the person's proposed involvement in maritime activities, have regard to, and give such weight as the Director considers appropriate to, the following matters:

(a) The person's compliance history with transport safety regulatory requirements:

(b) The person's related experience (if any) within the transport industry:

(c) The person's knowledge of the applicable maritime regulatory requirements:

(d) Any history of physical or mental health problems or serious behavioural problems:

(e) Any conviction for any transport safety offence or for any offence relating to controlled drugs (as defined in the Misuse of Drugs Act 1975) or relating to any prescription medicine (as defined in the Medicines Act 1981), whether or not -

(i) The conviction was in a New Zealand Court; or

(ii) The offence was committed before the commencement of this Act:

(f) Any conviction for any offence involving violence, or causing danger to any person, or criminal damage, whether or not -

(i) The conviction was in a New Zealand Court; or

(ii) The offence was committed before the commencement of this Act:

(g) Any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule.

(2) The Director shall not be confined to consideration of the matters specified in subsection (1) of this section and may take into account such other matters and evidence as may be relevant.

(3) The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act -

(a) Seek and receive such information (including medical reports) as the Director thinks fit; and

(b) Consider information obtained from any source.

(4) Subsection (1) of this section applies to a body corporate with the following modifications:

(a) Paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:

(b) Paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.

(5) If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6) of this section, disclose that information to that person and, in accordance with section 51 of this Act, give that person a reasonable opportunity to refute or comment on it.

(6) Nothing in subsection (5) of this section shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

(7) Where the Director determines not to disclose any information in reliance on subsection (6) of this section -

(a) The Director shall inform the person of the fact of non-disclosure and that the person may seek a review by an Ombudsman of that non-disclosure pursuant to the Official Information Act 1982; and

(b) The provisions of that Act shall apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

51 Notice to persons affected by proposed adverse decisions

(1) In this section, unless the context otherwise requires -

Adverse decision means a decision of the Director to the effect that a person is not a fit and proper person for any purpose under this Act or under the maritime rules:

Affected document holder, in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the maritime document:

Person directly affected, in relation to any adverse decision, means the person who would be entitled under section 424 of this Act to appeal against that adverse decision:

Person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the grounds referred to in section 50 of this Act, means the person whom the Director assesses as not being a fit and proper person.

(2) Where the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, shall -

(a) Notify the person directly affected by the proposed decision of the proposed decision; and

(b) Subject to subsection (4) of this section, inform that person of the grounds for the proposed decision; and

(c) Specify a date by which submissions may be made to the Director in respect of the proposed decision, which date shall not be less than 21 days after the date on which the notice is given; and

(d) Where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and

(e) Notify the person of the person's right of appeal under section 424 of this Act, in the event of the Director proceeding with the proposed decision; and

(f) Specify such other matters as in any particular case may be required by any provision of this or any other Act.

(3) Where the Director gives a notice under subsection (2) of this section, the Director -

(a) Shall also supply a copy of the notice to -

(i) Any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and

(ii) Any affected document holder, where the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and

(b) May supply a copy of the notice to any other affected document holder.

(4) No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 50(1) of this Act, except to the extent that -

(a) The notice or copy is supplied to the person to whom the information relates; or

(b) That person consents to the supply of that information to any other person.

(5) Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:

(a) It shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c) of this section, or within such further period as the Director may allow:

(b) The Director may consider any information supplied by that person after the expiry of the period referred to in paragraph (a) of this subsection, other than information requested by the Director and supplied by that person within such reasonable time as the Director may specify:

(c) The Director shall consider any submissions made in accordance with paragraph (a) of this subsection, other than information requested by the Director and supplied pursuant to a request referred to in paragraph (b) of this subsection.

(6) After considering the matters referred to in subsection (5) of this section, the Director shall -

(a) Finally determine whether or not to make the proposed adverse decision; and

(b) As soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a) of this section, of -

(i) The Director's decision and the grounds for the decision; and

(ii) The date on which the decision will take effect; and

(iii) In the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 41(6) or section 43(7) or section 44(4) of this Act).

Suspension Of Seafarers From Employment

52 Suspension from employment

(1) The Director may suspend from employment on a New Zealand ship any person who is not required by this Act or regulations or rules made under this Act to be in possession of a maritime document, where -

(a) The Director considers such action necessary in the interests of maritime safety; and

(b) Either -

(i) The person is convicted for any offence relating to -

(A) Controlled drugs (as defined in the Misuse of Drugs Act 1975) or any prescription medicine (as defined in the Medicines Act 1981); or

(B) Violence, or causing danger to any person, or criminal damage -

whether or not the conviction was in a New Zealand Court or the offence was committed before the commencement of this Act; or

(ii) The person has been dismissed from employment, which dismissal is related to violence, alcohol, or the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975) or the misuse of any prescription medicine (as defined in the Medicines Act 1981).

(2) Where the Director proposes to suspend any person under this section, the Director shall give the person notice in accordance with, and shall adopt the procedure set out in, section 51 of this Act, which shall apply as if -

(a) The proposed suspension was a proposed adverse decision under this Act; and

(b) The reference to the person's right of appeal under section 424 of this Act were a reference to the person's right of appeal to the Maritime Appeal Authority continued by section 82 of this Act.

(3) The Director may suspend a person under this section for any period the Director thinks fit and may impose such conditions on the re-employment of that person as the Director thinks fit.

(4) The Director shall maintain a list of persons suspended under this section, and employers of seafarers or potential employers of seafarers may ask the Director to ascertain whether a particular person is a suspended person and the Director shall advise that employer or potential employer accordingly.

(5) Any person in respect of whom any decision is taken under this section may appeal against that decision to the Maritime Appeal Authority continued by section 82 of this Act.

53 Suspended persons not to be employed

(1) No person shall employ on board a New Zealand ship, or any ship involved in coastal shipping under section 198 of this Act, a person who has been suspended under section 52 of this Act.

(2) No person who has been suspended under section 52 of this Act shall offer himself or herself for employment on board a New Zealand ship, or any ship involved in coastal shipping under section 198 of this Act.

(3) Every person commits an offence who, without reasonable excuse, contravenes this section.

(4) Every person who commits an offence against subsection (3) of this section is liable -

(a) In the case of an individual, to a fine not exceeding $5,000:

(b) In the case of a body corporate, to a fine not exceeding $50,000.

Inspection, Detention, And Rectification

54 Inspections and audits

(1) The Director may in writing require any person who -

(a) Holds a maritime document; or

(b) Operates, maintains, or services, or does any other act in respect of any ship or maritime product -

to undergo or carry out such inspections and such audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers or for the purposes of any provision of any of Parts 1 to 15 of this Act.

(2) The Director may, in respect of any person described in subsection (1) of this section, carry out such inspections and audits as the Director considers necessary in the interests of maritime safety or the health or safety of seafarers.

(3) For the purposes of any inspection or audit carried out in respect of any person under subsection (2) of this section, the Director may, in writing -

(a) Require from that person such information as the Director considers relevant to the inspection or audit:

(b) Require that person to demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the safe operation of the ship:

(c) Require that person to demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a maritime product is capable of being carried out in a competent manner.

55 Detention, etc., of ships and maritime products

(1) The Director may from time to time do all or any of the following:

(a) Detain any ship or any ship of a particular class:

(b) Seize any maritime product or any maritime product of a particular class:

(c) Prohibit or impose conditions on the use or operation of any ship or any ship of a particular class, or the use of any maritime product or any maritime product of a particular class:

(d) Impose conditions on the release from detention or seizure of the ship or maritime product.