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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:

"Accepting environment protection papers from other countries for ships"

Illustration for Maritime Transport Act 1994

The Director accepts documents from other countries that are part of a marine protection convention with New Zealand. You can think of these documents like licences or permits that show a ship is following the rules to protect the environment. The Director will accept these documents as long as they are valid. The Director will not accept a document if they think the ship does not match the details in the document, or if the ship has been changed without permission. They also will not accept a document if the ship is not safe to sail without harming the environment, including the marine environment. You can find more information about what is meant by "convention" and "ship" in section 246A(2) and (3)(a). Some other parts of the law do not apply to these documents, which are listed in sections 269, 270, 272, 273, 274, 275, 276, 277, 395, and 406(b). This law applies to ships that are not from New Zealand but are registered in a country that is part of a marine protection convention with New Zealand. It also applies to the crew and marine protection products of these ships.

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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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Topics:
Environment and resources > ConservationTransport and travel > Boating

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).