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Maritime Transport Act 1994

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

271: Acceptance of documents

You could also call this:

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

The Director will accept documents from other countries that are part of a marine protection convention with New Zealand. You can think of a marine protection convention as an agreement between countries to protect the ocean. The Director will accept these documents as long as they are valid. The Director might not accept a document if they think the ship or product does not match the document, or if the ship has been changed without permission. The Director can also refuse a document if they think the ship is not safe for the environment, including the marine environment, or if the ship cannot discharge ballast water without harming the environment. You can find more information about what is meant by "convention" and "ship" in section 246A(2) and (3)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337602.

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270: Issue of marine protection documents and recognition of documents, or

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

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"Rules for stopping or changing marine protection documents to keep people and the environment safe"

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

271Acceptance of documents

  1. Subject to subsection (2), the Director shall accept every valid licence, permit, certificate, or other document issued by or approved by a State, other than New Zealand, under a marine protection convention to which that State and New Zealand are both parties, and for the purposes of this Act, such documents shall be deemed to be marine protection documents.

  2. The Director shall not accept, or may suspend acceptance of, any document referred to in subsection (1) where he or she has clear grounds for believing that—

  3. the condition of the ship or marine protection product does not correspond substantially with the particulars of any document relating to the ship or marine protection product; or
    1. the ship or marine protection product has been materially altered without the sanction of the State that issued or approved the document; or
      1. the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the environment, including the marine environment; or
        1. for a document issued under the convention, the ship cannot discharge ballast water without presenting a threat of harm to the environment, human health, property, or resources (convention and ship having the meanings given to them in section 246A(2) and (3)(a)); or
          1. any provision or condition of the document is not being met.

            1. Sections 269, 270, 272, 273, 274, 275, 276, 277, 395, and 406(b) shall not apply to any document to which this section relates.

            2. This section applies in respect of—

            3. every ship, other than a New Zealand ship, registered in a country that is a party to any marine protection convention to which New Zealand is also a party:
              1. the crew of every ship referred to in paragraph (a):
                1. the marine protection products of every ship referred to in paragraph (a).

                  Notes
                  • Section 271(2)(c): amended, on , by section 9 of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).
                  • Section 271(2)(ca): inserted, on , by section 86(6) of the Biosecurity Law Reform Act 2012 (2012 No 73).