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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

49: Criteria for action under section 43 or section 44

You could also call this:

"What the Director considers when deciding to suspend or cancel a maritime document"

When the Director decides whether to suspend or cancel a maritime document, they consider certain things. They look at your history of following transport safety rules and any convictions for transport safety offences. They also consider any evidence that you have broken transport safety rules.

The Director can look at other things too, not just the things already mentioned. They can ask for and receive information from anyone, and consider information from any source. If the Director finds information that might be bad for you, they must tell you about it and give you a chance to respond.

But the Director does not have to share information that could put someone's safety at risk. They also do not have to share information before suspending a maritime document or imposing conditions on it under section 43. If the Director decides not to share some information with you, they must tell you that they are not sharing it.

If the Director does not share information with you about yourself, you can complain to the Privacy Commissioner under the Privacy Act 2020. In other cases, you can ask an Ombudsman to review the Director's decision not to share the information under the Official Information Act 1982.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335716.

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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

49Criteria 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.

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

  3. the person’s compliance history with transport safety regulatory requirements:
    1. any conviction for any transport safety offence, whether or not—
      1. the conviction was in a New Zealand court; or
        1. the offence was committed before the commencement of this Act:
        2. 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.

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

          2. The Director may—

          3. seek and receive such information as the Director thinks fit; or
            1. consider information obtained from any source.

              1. 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), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

              2. Nothing in subsection (5) shall require the Director to—

              3. disclose any information the disclosure of which would be likely to endanger the safety of any person; or
                1. disclose any information before—
                  1. suspending a maritime document or suspending the recognition of a document as a maritime document; or
                    1. imposing conditions in respect of a maritime document under section 43.

                    2. If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:

                    3. in the case of non-disclosure to an individual of information about the individual,—
                      1. the Director must inform the individual that he or she may, under the Privacy Act 2020, complain to the Privacy Commissioner about that non-disclosure; and
                        1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)(a)(i) of that Act; and
                        2. in any other case,—
                          1. the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
                            1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

                            Compare
                            Notes
                            • Section 49(7): substituted, on , by section 5 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).
                            • Section 49(7)(a)(i): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                            • Section 49(7)(a)(ii): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).