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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

272: Suspension of marine protection documents or imposition of conditions

You could also call this:

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

The Director can stop a marine protection document from being used or add conditions to it. This can happen if you do not follow the rules or if the Director thinks it is necessary to protect the environment or people. The Director can also stop recognising a document as a marine protection document if it was issued under a convention, which is explained in section 246A(2), or by another person or organisation.

If the Director stops a marine protection document from being used, it will not be used until the Director decides what to do next. This can last up to 14 days, but the Director can make it longer if needed. You can appeal to the District Court under section 424 if you do not agree with the Director's decision.

The Director can suspend a marine protection document or add conditions to it if you do not follow the rules or if your ship's equipment is not in good condition. The Director can also suspend a document if they think you are being careless or incompetent. You must give the Director your marine protection document if it is suspended or has conditions added to it.

The Director's decision can be appealed to the District Court under section 424. You can find more information about the convention in section 246A(2) and about other rules in section 406, Parts 19 to 27, and the Resource Management Act 1991, including section 15A, 15B, and 15C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337603.

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

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273: Revocation of marine protection documents, or

"The Director can cancel a marine protection document and you have the right to appeal this decision."

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

272Suspension of marine protection documents or imposition of conditions

  1. The Director may from time to time—

  2. suspend any marine protection document issued by the Director under this Act, or under any marine protection rules, or impose conditions in respect of any such marine protection document; or
    1. suspend the recognition by the Director as a marine protection document of any document issued under the convention, or impose conditions on recognition, if he or she considers the action necessary in the interests of protecting the environment, human health, property, or resources (convention having the meaning given to it in section 246A(2)); or
      1. suspend the recognition by the Director as a marine protection document of any document issued by another person or organisation, or impose conditions in respect of such recognition,—
          1. if he or she considers such action necessary in the interests of protecting the marine environment and if he or she—
        1. is satisfied that the holder fails or has failed to comply with any conditions of the relevant marine protection document; or
          1. is satisfied that the holder has contravened or failed to comply with section 406; or
            1. is satisfied that such action is necessary to ensure compliance with—
              1. any provision of Parts 19 to 27; or
                1. any regulations or marine protection rules made under this Act; or
                  1. section 15A, 15B, or 15C of the Resource Management Act 1991; or
                    1. any regulations made under any of paragraphs (ha) to (he) of section 360(1) of the Resource Management Act 1991; or
                      1. section 20B or 20C of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; or
                        1. any regulations made under section 29A or 29B of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012; or
                        2. is satisfied that the holder has failed to take corrective action to ensure the condition of the ship’s equipment (including the ship’s systems, fittings, arrangements, and materials) corresponds substantially to the particulars of the relevant marine protection document; or
                          1. considers that the privileges or duties for which the marine protection document has been granted, or the relevant document has been recognised as a marine protection document, are being or have been carried out by the holder in a careless or incompetent manner.

                            1. The suspension of any marine protection document, or the suspension of recognition of any document as a marine protection document, or the imposition of conditions in respect of any such document, by the Director, shall remain in force until the Director has determined, after due investigation, the action to be taken in respect of the causes requiring the suspension or imposition of conditions, but the duration of any such suspension or conditions shall not exceed 14 days unless the Director directs that a further specified period is necessary for the purposes of the investigation.

                            2. If, after investigation, the Director considers such action to be warranted, he or she may suspend for a further period the marine protection document, or the recognition of a document as a marine protection document, or impose further conditions, and he or she shall cause the appropriate endorsement to be made on the marine protection document (if the document is issued under this Act or the marine protection rules) or on the notification of recognition, as the case may require.

                            3. Where a marine protection document or recognition of a document as a marine protection document has been suspended or a marine protection document has been made subject to conditions under this section, the holder shall forthwith produce that document or notification of recognition of that document to the Director for appropriate endorsement.

                            4. The whole or any part of a marine protection document, or the recognition of the whole or any part of a document recognised as a marine protection document, may be suspended under this section.

                            5. Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424.

                            Compare
                            Notes
                            • Section 272(1)(aa): inserted, on , by section 86(7) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                            • Section 272(1)(e)(iii): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                            • Section 272(1)(e)(iv): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                            • Section 272(1)(e)(v): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                            • Section 272(1)(e)(vi): inserted, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                            • Section 272(1)(ea): inserted, on , by section 10 of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).
                            • Section 272(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).