Maritime Transport Act 1994

Powers and duties of Director of Maritime New Zealand in relation to maritime activity - Suspension of persons from work

52: Suspension from work

You could also call this:

"When you can't work on a New Zealand ship because you broke the rules or don't have the right documents"

The Director can stop you from working on a New Zealand ship if you do not have a maritime document and the Director thinks it is necessary for maritime safety. You might be stopped from working if you have been convicted of an offence related to controlled drugs, as defined in the Misuse of Drugs Act 1975, or prescription medicine, as defined in the Medicines Act 1981. You might also be stopped from working if you have been dismissed from a job because of violence, alcohol, or controlled drugs.

If the Director stops you from working, the suspension will last until 14 days have passed or the Director tells you something else. The Director can lift the suspension, extend it, or let you return to work with conditions before the 14 days are up. The Director must tell you if they want to suspend you and follow the rules in section 51.

The Director can suspend you for as long as they think is necessary and can set conditions for you to return to work. The Director keeps a list of people who are suspended and employers can ask if someone is on the list. You can appeal the Director's decision to the District Court under section 424.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335730.


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51: Notice to persons affected by proposed adverse decisions, or

"The Director must tell you in writing if they plan to make a decision that affects you, and you get a chance to say what you think."


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53: Suspended persons not to work or be employed, or

"No working on ships if your licence is suspended"

Part 5Powers and duties of Director of Maritime New Zealand in relation to maritime activity
Suspension of persons from work

52Suspension from work

  1. The Director may suspend from work on a New Zealand ship any person who is not required by this Act or regulations or rules made under this Act to be in possession of a maritime document, where—

  2. the Director considers such action necessary in the interests of maritime safety; and
    1. either—
      1. the person is convicted for any offence relating to—whether or not the conviction was in a New Zealand court or the offence was committed before the commencement of this Act; or
        1. controlled drugs (as defined in the Misuse of Drugs Act 1975) or any prescription medicine (as defined in the Medicines Act 1981); or
          1. violence, or causing danger to any person, or criminal damage,—
          2. the person has been dismissed from employment, which dismissal is related to violence, alcohol, or the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975) or the misuse of any prescription medicine (as defined in the Medicines Act 1981).
          3. If the Director suspends any person under subsection (1), the suspension remains in force until the earlier of—

          4. the close of the 14th day after the date of the imposition of the suspension; and
            1. the date the Director notifies the person in accordance with subsection (2A) or section 51(2).
              1. Before the expiry of the 14-day period referred to in subsection (2), the Director may—

              2. lift the suspension, with or without conditions, or extend the period of the suspension by a specified further period:
                1. allow the person to return to work, subject to any conditions imposed by the Director, during the suspension or specified further period of suspension.
                  1. If the Director proposes to suspend a person, the Director must give the person notice under section 51, which applies as if the proposed suspension were a proposed adverse decision under that section.

                  2. The Director may suspend a person under this section for any period the Director thinks fit and may impose such conditions on that person's return to work as the Director thinks fit.

                  3. The Director shall maintain a list of persons suspended under this section, and employers of seafarers or potential employers of seafarers may ask the Director to ascertain whether a particular person is a suspended person and the Director shall advise that employer or potential employer accordingly.

                  4. A person who is the subject of a decision under this section may appeal the decision to the District Court under section 424.

                  Notes
                  • Section 52 heading: amended, on , by section 16(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                  • Section 52(1): amended, on , by section 16(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                  • Section 52(2): replaced, on , by section 16(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                  • Section 52(2A): inserted, on , by section 16(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                  • Section 52(2B): replaced, on , by section 154(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 52(3): amended, on , by section 16(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                  • Section 52(5): replaced, on , by section 154(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).