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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

276: Criteria for action under section 272 or section 273

You could also call this:

"What the Director considers when making decisions about marine protection documents"

Illustration for Maritime Transport Act 1994

The Director looks at certain things when deciding what to do with a marine protection document. You want to know what the Director considers when making a decision about a marine protection document. The Director thinks about your history of following rules to protect the sea from harmful substances or ballast water. The Director also considers if you have been convicted of an offence related to discharging harmful substances into the sea. This includes convictions in New Zealand or other countries, and convictions that happened before this law started. The Director thinks about any convictions you have under the Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. The Director can look at other things that are relevant to the decision. The Director can ask for and receive information, and consider information from any source. If the Director wants to use information that might be bad for you, they must tell you about it and give you a chance to comment. There are some exceptions to this rule, such as if telling you would put someone's safety at risk. In some cases, the Director does not have to tell you about the information until after they have made a decision. If the Director decides not to tell you about some information, they must inform you that they are not telling you. You can complain to the Privacy Commissioner if you think the Director should have told you about the information, under the Privacy Act 2020. Alternatively, you can ask an Ombudsman to review the Director's decision not to tell you, under the Official Information Act 1982.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337607.

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Environment and resources > ConservationCrime and justice > Police and safety

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

276Criteria for action under section 272 or section 273

  1. The provisions of this section shall apply for the purpose of determining whether a marine protection document, or recognition of a document as a marine protection document, should be suspended or made subject to conditions under section 272 or revoked under section 273.

  2. Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:

  3. the person’s compliance history with any regulatory requirements relating to protection of the sea from harmful substances or ballast water and the person’s compliance history with the Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 in respect of the discharge of harmful substances:
    1. any conviction for any offence related to the discharge of harmful substances or ballast water into the sea, whether or not—
      1. the conviction was in a New Zealand court; or
        1. the offence was committed before the commencement of this Act:
        2. any conviction for any offence under the Resource Management Act 1991 or the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 in respect of the discharge of harmful substances.

          1. The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

          2. The Director may—

          3. seek and receive such information as the Director thinks fit; or
            1. consider information obtained from any source.

              1. If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

              2. Nothing in subsection (5) shall require the Director to—

              3. disclose any information the disclosure of which would be likely to endanger the safety of any person; or
                1. disclose any information before—
                  1. suspending a marine protection document or suspending the recognition of a document as a marine protection document; or
                    1. imposing conditions in respect of a marine protection document under section 272.

                    2. If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:

                    3. in the case of non-disclosure to an individual of information about the individual,—
                      1. the Director must inform the individual that he or she may, under the Privacy Act 2020, complain to the Privacy Commissioner about that non-disclosure; and
                        1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)(a)(i) of that Act; and
                        2. in any other case,—
                          1. the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
                            1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

                            Compare
                            Notes
                            • Section 276(2)(a): 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 276(2)(a): amended, on , by section 86(8) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                            • Section 276(2)(a): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                            • Section 276(2)(b): amended, on , by section 86(9) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                            • Section 276(2)(c): 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 276(2)(c): amended, on , by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).
                            • Section 276(7): substituted, on , by section 10 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).
                            • Section 276(7)(a)(i): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                            • Section 276(7)(a)(ii): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).