Maritime Transport Act 1994

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

42: Acceptance of convention documents

You could also call this:

"Accepting ship documents from other countries New Zealand has an agreement with"

Illustration for Maritime Transport Act 1994

The Director must accept certain documents from other countries that New Zealand has an agreement with. You need to know these documents are like licences or permits for ships. The Director will accept these documents as long as they are valid. The Director will not accept these documents if they have clear reasons to believe something is wrong. This could be because the ship is not safe or the document was obtained fraudulently. The Director will also not accept the documents if the ship has been changed without permission. Some parts of the Maritime Transport Act do not apply to these documents, you can find these in sections like Sections 35, 41, 43 to 51, 68, 69, 73 to 78, 406(b), and 406(c). This rule applies to ships from other countries that New Zealand has an agreement with. It also applies to the crew and equipment of these ships.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335707.

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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

42Acceptance of convention documents

  1. Subject to subsection (2), 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) where he or she has clear grounds for believing that—

  3. 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
    1. 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
      1. 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
        1. the ship or maritime product has been materially altered without the sanction of the State that issued or approved the document; or
          1. the document has been fraudulently obtained or the holder of the document is not the person to whom the document was originally issued.
            1. Sections 35, 41, 43 to 51, 68, 69, 73 to 78, 406(b), and 406(c) shall not apply to any document referred to in subsection (1).

            2. This section applies in respect of—

            3. 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:
              1. the crew of every ship referred to in paragraph (a):
                1. the maritime products of every ship referred to in paragraph (a).