Maritime Transport Act 1994

Further regulation of maritime activity - Maritime rules

37: Power of Director to make emergency maritime rules

You could also call this:

"The Director can make special emergency rules to keep people safe at sea."

The Director can make emergency maritime rules if they think it is necessary to prevent someone from getting hurt or to stop damage to property. You need to know that the Director can only make these rules if the Minister cannot make them in time. The Minister can cancel any emergency maritime rules made by the Director.

If the Director makes an emergency maritime rule, it is considered secondary legislation, which means it has to be published, as explained in Part 3 of the Legislation Act 2019. The Director must also tell people about the new rule, but in some cases, they might not be able to publish it right away.

In those cases, the Director will give a copy of the rule to the people who need to know about it, and it will apply to them immediately, even if it has not been published yet. The Director can give people the rule in any way they think is appropriate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335696.


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Part 4Further regulation of maritime activity
Maritime rules

37Power 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, if the Director considers that—

  2. 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
    1. 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.
      1. The Minister may revoke any emergency maritime rule.

      2. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

      3. emergency maritime rules under subsection (1):
        1. a revocation under subsection (2).
          1. If the Director is of the opinion that, because of reasons of safety or because of the imminence of the threat to the marine environment, it is impracticable to publish immediately an emergency maritime rule or revocation under that Act, the Director must give a copy of it to the persons (if any) whom the Director considers appropriate.

          2. An emergency maritime rule or revocation to which subsection (4) applies—

          3. has effect only in relation to a person to whom it has been given under subsection (4); and
            1. comes into force in relation to that person immediately after it is given to the person (even if it is not yet published).
              1. For the purposes of subsection (4), a rule or revocation may be given in any way the Director considers appropriate.

              Compare
              Notes
              • Section 37(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 37(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 37(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 37(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 37(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).