Maritime Transport Act 1994

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

50: Criteria for fit and proper person

You could also call this:

"What makes someone suitable to work in maritime activities?"

When the Director decides if you are a fit and proper person to be involved in maritime activities, they look at things like your history of following transport safety rules, your experience in the transport industry, and your knowledge of maritime regulations. They also consider if you have any health problems or convictions for certain offences, such as transport safety offences or offences related to controlled drugs as defined in the Misuse of Drugs Act 1975 or prescription medicines as defined in the Medicines Act 1981.

The Director can look at other things too, not just the things listed. They might ask for more information, like medical reports, to help them make a decision.

If the Director finds information that might be bad for you, they will tell you about it and give you a chance to comment, unless sharing that information would put someone's safety at risk, as outlined in section 51. In that case, the Director will tell you they are not sharing the information and you might be able to complain to the Privacy Commissioner under the Privacy Act 2020 or ask an Ombudsman to review the decision 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=DLM335718.


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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

50Criteria for fit and proper person

  1. For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, or under the maritime rules, the Director shall, having regard to the degree and nature of the person’s proposed involvement in maritime activities, have regard to, and give such weight as the Director considers appropriate to, the following matters:

  2. the person’s compliance history with transport safety regulatory requirements:
    1. the person’s related experience (if any) within the transport industry:
      1. the person’s knowledge of the applicable maritime regulatory requirements:
        1. any history of physical or mental health problems or serious behavioural problems:
          1. any conviction for any transport safety offence or for any offence relating to controlled drugs (as defined in the Misuse of Drugs Act 1975) or relating to any prescription medicine (as defined in the Medicines Act 1981), 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 conviction for any offence involving violence, or causing danger to any person, or criminal damage, 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.
                    1. The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.

                    2. The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,—

                    3. seek and receive such information (including medical reports) as the Director thinks fit; and
                      1. consider information obtained from any source.
                        1. Subsection (1) applies to a body corporate with the following modifications:

                        2. paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:
                          1. paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.
                            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), disclose that information to that person and, in accordance with section 51, give that person a reasonable opportunity to refute or comment on it.

                            2. Nothing in subsection (5) shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

                            3. 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:

                            4. 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 50(7): substituted, on , by section 6 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).
                                    • Section 50(7)(a)(i): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                                    • Section 50(7)(a)(ii): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).