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Maritime Transport Act 1994

Powers and duties of Director of Maritime New Zealand in relation to maritime activity - Powers in relation to maritime documents

41: Issue of maritime documents and recognition of documents

You could also call this:

"Getting a Maritime Document: What You Need to Know"

When you apply for a maritime document, the Director looks at your application. The Director grants the application if you meet the requirements. You must have the right qualifications and experience.

The Director checks if you are a fit and proper person to have control over the document. You must meet all the prescribed requirements. The Director also checks if granting the document is safe for maritime safety.

The Director can recognise qualifications or certifications from other places. But the Director does not recognise foreign qualifications if they are not as good as New Zealand's. The Director does not recognise foreign qualifications if they might pose a risk to safety.

If the Director recognises a document, they issue a maritime document or notify you in writing. You must continue to be a fit and proper person to hold the document. If the Director declines your application, you can appeal to the District Court under section 424.

You can appeal against the Director's decision if you applied under section 35. Some ships, crews, or maritime products do not follow this section, they follow section 42 instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335706.

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Part 5Powers and duties of Director of Maritime New Zealand in relation to maritime activity
Powers in relation to maritime documents

41Issue of maritime documents and recognition of documents

  1. After considering any application under section 35, the Director shall, as soon as practicable, grant the application if he or she is satisfied that—

  2. 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
    1. the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document—
      1. either hold the relevant prescribed qualifications and experience or hold such qualifications as are acceptable to the Director under subsection (2); and
        1. are fit and proper persons to have such control or hold the document; and
          1. meet all other relevant prescribed requirements; and
          2. it is not contrary to the interests of maritime safety for the document to be granted, renewed, or recognised.

            1. 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.

            2. In no case shall the Director recognise foreign qualifications or foreign certificates where—

            3. 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
              1. 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.

                1. Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either—

                2. issue an equivalent maritime document under this section; or
                  1. notify in writing such recognition.

                    1. 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).

                    2. Where the Director declines to grant an application under section 35, the applicant may appeal against that decision to the District Court under section 424.

                    3. Nothing in this section applies in respect of any ship, crew, or maritime product in respect of which section 42 applies.

                    Compare
                    • 1990 No 98 s 9
                    • 1992 No 75 s 6
                    Notes
                    • Section 41(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).