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Maritime Transport Act 1994

General provisions relating to shipping - Maritime levies

191: Maritime levies

You could also call this:

"Charges for ships in New Zealand waters"

Illustration for Maritime Transport Act 1994

The Governor-General can make rules about maritime levies for ships in New Zealand. You will have to pay these levies if you own or are in charge of a ship that enters a New Zealand port or operates in New Zealand waters. The levies can be used to pay for things like navigational aids, distress and safety radio services, and marine safety information. The Minister must talk to people in the maritime industry and other groups before making any recommendations about maritime levies. The levies can be different for different types of ships, and you might be able to get a refund or not have to pay the levy in some cases. You can find more information about how the regulations are published in Part 3 of the Legislation Act 2019. The maritime levies can also be used to pay for services provided by the Authority, the Director, or the Crown, as well as for seafarer welfare services. The rules about maritime levies do not affect other parts of the law, such as section 201 or section 204. You can pay the levies annually or per voyage, and the rules can be changed if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM336772.

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Part 14General provisions relating to shipping
Maritime levies

191Maritime levies

  1. The Governor-General may from time to time, by Order in Council, on the recommendation of the Minister, make regulations providing for the payment of maritime levies in respect of ships entering any port in New Zealand or operating in New Zealand waters and prescribing the amounts of those levies.

  2. Maritime levies may provide funding for any or all of the following purposes:

  3. to enable the provision of—
    1. navigational aids other than those referred to in section 200(2):
      1. distress and safety radio services:
        1. marine safety information:
          1. other services related to the safety of shipping:
          2. any services provided, or any regulatory services or activities undertaken, by the Authority, the Director, or the Crown in the performance or exercise of functions, duties, or powers under this Act:
            1. the facilitation of, or support for, seafarer welfare services.

              1. Any such regulations may—

              2. specify the persons by whom the levies are payable including (without limitation) all or any of the master, owner, charterer, person responsible for the management of the ship, or any agent of any of those persons who by law or by contract is liable to pay any other charge on account of the ship:
                1. prescribe different levies for different classes of ship based on length, tonnage, equipment available for use on board the ship, or such other criteria as may be specified in the regulations:
                  1. provide for the refund or waiver of any levy in whole or in part, in any specified case or class of cases:
                    1. provide that the levies are payable on an annual or other equal basis in advance or otherwise, or on a per voyage basis at the option of either the Director or the person liable to pay the levies; and provide for the changing of those options, and for the making of adjustments where an option is changed—
                        1. whether or not persons levied use, or the ship in respect of which the levy arises uses, any such services.

                      1. The Minister must not make a recommendation under subsection (1) unless he or she has consulted such persons, representative groups within the maritime industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate.

                      2. Nothing in this section limits the provisions of section 201 or section 204.

                      3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                      Compare
                      • 1952 No 49 s 375
                      • 1990 No 121 s 2
                      Notes
                      • Section 191 heading: replaced, on , by section 35(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(1): replaced, on , by section 35(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(2): replaced, on , by section 35(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(2)(b): amended, on , by section 157 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                      • Section 191(2)(c): inserted, on , by section 36 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
                      • Section 191(3)(a): amended, on , by section 35(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(3)(b): amended, on , by section 35(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(3)(c): amended, on , by section 35(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(3)(d): amended, on , by section 35(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(3A): inserted, on , by section 35(5) of the Maritime Transport Amendment Act 2013 (2013 No 84).
                      • Section 191(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).