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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 ship because it's not safe"

Illustration for Maritime Transport Act 1994

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 can 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. The Director can also stop you 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 for 14 days or until the Director tells you otherwise. The Director can lift the suspension or extend it for a longer period. You can appeal the Director's decision to the District Court under section 424. The Director keeps a list of people who are suspended from working on ships. Employers can ask the Director if someone is on this list. The Director will tell the employer if the person is suspended or not. You can return to work during the suspension if the Director allows you to, but you may have to follow certain conditions. The Director can suspend you from working for any amount of time and can set conditions for you to return to work. The Director's decision is important for maritime safety.

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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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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).