Maritime Transport Act 1994

General provisions relating to shipping - Provisions relating to special maritime events

200A: Minister may notify maritime event where special enforcement powers exercisable

You could also call this:

"The Minister can create a special rule for a big maritime event in New Zealand waters."

Illustration for Maritime Transport Act 1994

You can ask the Minister to make a special rule for a big maritime event. The Minister can make this rule if a regional council or another person asks for it. The Minister will put a notice in the Gazette to say what the rule is. The notice will say what the event is and where it will happen. It will also say when the rule applies and what ships can enter the area. The notice might have other rules to keep people safe. The Minister will only make this rule if they think it is a good idea. They will consider what you say if you write to them about the proposal. You can make a submission about the proposal within a certain time. The Minister can change the rule later if they need to. You might have to pay for the cost of putting the notice in the Gazette. This rule only applies to big maritime events in New Zealand waters.

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Part 14General provisions relating to shipping
Provisions relating to special maritime events

200AMinister may notify maritime event where special enforcement powers exercisable

  1. On application made by—

  2. a regional council that has navigational safety jurisdiction over the area or areas concerned under Part 3A; or
    1. any other person or organisation, if no regional council has such jurisdiction in that case,—
      1. the Minister may, by notice in the Gazette, declare a major maritime event or occasion to be an event or occasion to which section 200B applies.

      2. A notice under subsection (1)—

      3. must describe the event or occasion to which it applies; and
        1. must describe the waters (the designated area) to which it applies; and
          1. must specify the period during which the notice applies; and
            1. 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
              1. 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
                1. may contain such other information as may be necessary to explain the effect of the notice.
                  1. A notice under subsection (1) may not be given unless the Minister—

                  2. is satisfied that—
                    1. the application is reasonable; and
                      1. the applicant has provided the information referred to in paragraphs (a), (b), and (c) of subsection (2); and
                        1. the applicant has provided any information required for the purposes of paragraphs (d), (e), and (f) of subsection (2); and
                        2. 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
                          1. is satisfied that the applicant has considered the needs of commercial shipping; and
                            1. 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
                              1. has considered all representations received within the specified time.
                                1. The Minister may from time to time, by notice in the Gazette,—

                                2. extend the period during which a notice under subsection (1) applies:
                                  1. amend any description or correct any obvious mistake in a notice under subsection (1).
                                    1. Subsection (3) does not apply to a notice under subsection (4).

                                    2. 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.

                                    3. 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).