Maritime Transport Act 1994

Obligations and powers in relation to marine protection documents - Powers of Director in relation to marine protection documents

270: Issue of marine protection documents and recognition of documents

You could also call this:

"Getting a special document to help protect the marine environment"

The Director looks at your application under section 269 and decides if you can have a marine protection document. You get the document if you meet the requirements and the people in charge of the document also meet the requirements. The Director checks if you meet these requirements.

The Director can recognise qualifications or certifications that are suitable for your marine protection document. This means the Director can accept qualifications or certifications that are not from New Zealand, but only if they are good enough. The Director does not accept foreign qualifications or certificates if they are not as good as the ones in New Zealand, or if they might harm the marine environment.

If the Director recognises your document, they will either give you a new marine protection document or write to you to say they recognise it. If the Director says no to your application under section 269, you can appeal to the District Court under section 424. This means you can ask the court to look at the decision again.

Some ships, crews, or marine protection products have different rules, and this section does not apply to them, because section 271 applies instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337601.


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269: Application for marine protection document, or

"Apply for a marine protection document using the correct form and contact details."


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271: Acceptance of documents, or

"The Director accepts valid documents from other countries that help protect the ocean."

Part 22Obligations and powers in relation to marine protection documents
Powers of Director in relation to marine protection documents

270Issue of marine protection documents and recognition of documents

  1. After considering any application under section 269, the Director shall, as soon as practicable, grant the application if he or she is satisfied that—

  2. all things in respect of which the document is sought or, in the case of an application for recognition of a document as a marine protection document, the document, meet, meets, or will meet (as the case may be) any relevant prescribed requirements; and
    1. the applicant, and any person who is to have or is likely to have control over the exercise of the privileges under the document, meet any prescribed requirements.
      1. For the purpose of granting or renewing a marine protection document, or recognising a document as a marine protection document, the Director may, subject to any provisions in the marine protection rules, recognise such qualifications or certifications as he or she considers appropriate in each case.

      2. In no case shall the Director recognise foreign qualifications or foreign certificates where—

      3. the requirements to gain such qualifications or to obtain such certificates are less than the requirements to gain similar qualifications or to obtain similar certificates in New Zealand; and
        1. the Director believes that to recognise such qualifications or certificates might pose a risk or danger to the marine environment.
          1. Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either—

          2. issue an equivalent marine protection document under this section; or
            1. notify in writing such recognition.
              1. Where the Director declines to grant an application under section 269, the applicant may appeal against that decision to the District Court under section 424.

              2. Nothing in this section applies in respect of any ship, crew, or marine protection product in respect of which section 271 applies.

              Compare
              • 1990 No 98 s 9
              • 1992 No 75 s 6
              Notes
              • Section 270(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).