Part 14General provisions relating to shipping
Provisions relating to special maritime events
200AMinister may notify maritime event where special enforcement powers exercisable
On application made by—
- a regional council that has navigational safety jurisdiction over the area or areas concerned under Part 3A; or
- any other person or organisation, if no regional council has such jurisdiction in that case,—
A notice under subsection (1)—
- must describe the event or occasion to which it applies; and
- must describe the waters (the designated area) to which it applies; and
- must specify the period during which the notice applies; and
- may set out requirements for the purposes of navigation safety and to enable the event or occasion to be properly managed, including requirements specifying the classes of ships that are authorised to enter the designated area, and the conditions and requirements to be complied with by persons in the designated area; and
- may authorise the regional council in whose region the maritime event or occasion is being held to determine, in accordance with the notice, which ships may enter the designated area and to specify and vary conditions for the day to day management and conduct of activities within the designated area (such as varying the hours of racing, closing and opening the course, and changing the course); and
- may contain such other information as may be necessary to explain the effect of the notice.
A notice under subsection (1) may not be given unless the Minister—
- is satisfied that—
- the application is reasonable; and
- the applicant has provided the information referred to in paragraphs (a), (b), and (c) of subsection (2); and
- the applicant has provided any information required for the purposes of paragraphs (d), (e), and (f) of subsection (2); and
- the application is reasonable; and
- is satisfied that the application of section 200B is in the interests of navigation safety or is an appropriate way to manage and control the event or occasion; and
- is satisfied that the applicant has considered the needs of commercial shipping; and
- has published in the Gazette, and in such daily newspapers as the Minister considers appropriate, a notice stating the Minister’s intention to give the notice under subsection (1) and specifying a period (which may not be less than 10 days) within which interested persons and organisations may make written representations about the proposal; and
- has considered all representations received within the specified time.
The Minister may from time to time, by notice in the Gazette,—
- extend the period during which a notice under subsection (1) applies:
- amend any description or correct any obvious mistake in a notice under subsection (1).
Subsection (3) does not apply to a notice under subsection (4).
An applicant must pay the costs and expenses of the notices referred to in subsection (3) that are published for the purposes of that person’s application under this section; and a regional council may recover from the event organisers the costs and expenses the council incurs in relation to applications it makes under this section on their behalf.
This section applies only to specified maritime events and occasions that are to be held in or on New Zealand waters.
Notes
- Section 200A: inserted, on , by section 2 of the Maritime Transport Amendment Act (No 2) 1998 (1998 No 116).
- Section 200A(1)(a): amended, on , by section 78 of the Statutes Amendment Act 2022 (2022 No 75).