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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

51: Notice to persons affected by proposed adverse decisions

You could also call this:

"Warning: a decision might affect you - here's what you need to know"

Illustration for Maritime Transport Act 1994

If the Director wants to make a decision that might affect you, they will send you a notice. The notice will tell you what the decision is and why they want to make it. You will have at least 21 days to give the Director your thoughts about the decision. The Director will also send a copy of the notice to other people who might be affected, like the person who holds a maritime document. You have the right to appeal the decision under section 424. The Director will consider your thoughts and then make a final decision. The Director will send you another notice to tell you what they have decided. This notice will say what the decision is, why they made it, and when it will start. If the decision is not in your favour, the notice will also tell you what will happen and how you can appeal, as stated in section 41(6), section 43(7), or section 44(4). You will get this notice as soon as possible after the Director makes their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335720.

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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

51Notice to persons affected by proposed adverse decisions

  1. In this section, unless the context otherwise requires,—

    adverse decision means a decision of the Director to the effect that a person is not a fit and proper person for any purpose under this Act or under the maritime rules

      affected document holder, in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the maritime document

        person directly affected, in relation to any adverse decision, means the person who would be entitled under section 424 to appeal against that adverse decision

          person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the grounds referred to in section 50, means the person whom the Director assesses as not being a fit and proper person.

          1. Where the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, shall—

          2. notify the person directly affected by the proposed decision of the proposed decision; and
            1. subject to subsection (4), inform that person of the grounds for the proposed decision; and
              1. specify a date by which submissions may be made to the Director in respect of the proposed decision, which date shall not be less than 21 days after the date on which the notice is given; and
                1. where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and
                  1. notify the person of the person’s right of appeal under section 424, in the event of the Director proceeding with the proposed decision; and
                    1. specify such other matters as in any particular case may be required by any provision of this or any other Act.

                      1. Where the Director gives a notice under subsection (2), the Director—

                      2. shall also supply a copy of the notice to—
                        1. any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and
                          1. any affected document holder, where the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and
                          2. may supply a copy of the notice to any other affected document holder.

                            1. No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 50(1), except to the extent that—

                            2. the notice or copy is supplied to the person to whom the information relates; or
                              1. that person consents to the supply of that information to any other person.

                                1. Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:

                                2. it shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c), or within such further period as the Director may allow:
                                  1. the Director may consider any information supplied by that person after the expiry of the period referred to in paragraph (a), other than information requested by the Director and supplied by that person within such reasonable time as the Director may specify:
                                    1. the Director shall consider any submissions made in accordance with paragraph (a), other than information requested by the Director and supplied pursuant to a request referred to in paragraph (b).

                                      1. After considering the matters referred to in subsection (5), the Director shall—

                                      2. finally determine whether or not to make the proposed adverse decision; and
                                        1. as soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a), of—
                                          1. the Director’s decision and the grounds for the decision; and
                                            1. the date on which the decision will take effect; and
                                              1. in the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 41(6) or section 43(7) or section 44(4)).

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