Part 4Further regulation of maritime activity
Maritime rules
36Maritime rules relating to other matters
The Minister may from time to time make maritime rules that provide for all or any of the following:
- classifying ships as to type, nature of service, operating limits, or otherwise:
- the implementation of technical standards, codes of practice, performance standards, and other requirements of the conventions:
-
standards and requirements for the design and construction of, or major alteration to, any ship: -
standards and requirements for the accommodation of seafarers or passengers on any commercial ship: -
the provision of medical supplies and facilities on any ship, their stowage, maintenance, and periodic inspection, and requiring medical officers on ships: - any matter that is contemplated by or necessary for giving full effect to Part 4B, including, without limitation—
- the prescribing of safety-sensitive activities; and
- a scheme for carrying out drug and alcohol testing of safety-sensitive workers, including the prescribing of—
- testable drugs; and
- permissible levels of alcohol or testable drugs for testing purposes; and
- testing processes and procedures; and
- testable drugs; and
- the prescribing of matters to be stated in a document under section 40Z(5)(a)(iii); and
- record keeping by operators and the Director:
- the prescribing of safety-sensitive activities; and
-
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: -
safe navigational and maritime operational and emergency procedures, including such procedures for any seaplane, and any training requirements in respect of such procedures: -
operational and emergency procedures for the assistance of persons in distress at sea and in respect of collisions: - defining operating limits and pilotage limits:
- requirements concerning pilotage, including when and where, and the classes of ships for which, pilotage is required or not required:
-
standards and requirements for the safe management of commercial shipping operations: -
the recording and retention of operational information andthe details of any reporting that is required by this Act: -
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: -
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); andstandards and requirements concerning containers carried on a ship: -
the minimum number of seafarers to be employed on any commercial ship, their qualifications, and experience: -
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: -
technical standards or requirements relating to the health and safety of seafarers: -
the format of maritime documents, forms, and applications: -
the requirements and criteria for determining the tonnage measurement, length, and size of any ship: -
the criteria and conditions under which foreign licences, permits, certificates, or other documents will be recognised by the Director under section 41: -
standards and requirements for maritime products (including safety equipment), andthe maritime products to be carried on any ship: -
standards and requirements for navigational aids: - 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:
-
standards and requirements for port and harbour safety: -
ship traffic separation and management schemes: -
such matters as may be necessary—- to enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport:
- to implement such international practices or standards relating to maritime transport as may, from time to time, be recommended by the International Maritime Organisation:
- to enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport:
- assisting maritime safety and security, including (but not limited to) personal security:
- assisting economic development:
- improving access and mobility:
- protecting and promoting public health:
- ensuring environmental sustainability:
- any matter related, or reasonably incidental, to any of the following:
- the Minister’s objectives under section 5:
- the Minister’s functions under section 5A:
- the Authority’s objective under section 430:
- the Authority’s functions under section 431:
- the Director’s functions under section 439:
- the Minister’s objectives under section 5:
- any other matter contemplated by a provision of this Act.
Without limiting anything in subsection (1), rules made under this section may apply to—
- river rafts:
- other manually powered water craft:
- water craft solely powered by sail:
- the operators, crew, and passengers of river rafts, other manually powered water craft, and water craft solely powered by sail.
Maritime rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare
- 1990 No 98 s 28
Notes
- Section 36(1): amended, on , by section 33(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(c): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(d): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(e): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(ea): inserted, on , by section 4 of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(f): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(g): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(h): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(i): replaced, on , by section 33(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(ia): inserted, on , by section 33(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(j): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(k): amended, on , by section 33(4)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(k): amended, on , by section 33(4)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(l): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(m): substituted, on , by section 4(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).
- Section 36(1)(m): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(n): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(o): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(p): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(q): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(r): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(s): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(t): substituted, on , by section 4(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).
- Section 36(1)(t): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(ta): inserted, on , by section 4(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).
- Section 36(1)(ta): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(tb): inserted, on , by section 4(3) of the Maritime Transport Amendment Act 1999 (1999 No 68).
- Section 36(1)(tc): inserted, on , by section 9(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
- Section 36(1)(tc): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(td): inserted, on , by section 9(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
- Section 36(1)(td): amended, on , by section 33(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(u): amended, on , by section 33(5) of the Maritime Transport Amendment Act 2017 (2017 No 48).
- Section 36(1)(v): substituted, on , by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).
- Section 36(1)(w): added, on , by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).
- Section 36(1)(x): added, on , by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).
- Section 36(1)(y): added, on , by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).
- Section 36(1)(z): added, on , by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).
- Section 36(1)(za): added, on , by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).
- Section 36(1)(zb): added, on , by section 5 of the Maritime Transport Amendment Act 2004 (2004 No 98).
- Section 36(2): replaced, on , by section 9(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
- Section 36(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).