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Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Provisions in respect of rules under this Act

451: Further general provisions in respect of rules

You could also call this:

"More rules to follow for ships and boats in New Zealand"

The Maritime Transport Act 1994 has rules that apply to different people, organisations, and ships. You need to follow these rules, which can be different for various groups or situations. The rules can apply to the whole of New Zealand or just to certain areas.

The Minister can decide when a rule starts, and they can delay it until they say it is okay. A rule can say that the Authority, the Director, or someone else must approve or do something. They can also impose conditions on how something is done.

If you break a rule, it is not automatically against the law unless the law says it is. Local council bylaws must follow the rules if they are different. The Minister cannot give their power to make rules to someone else, as stated in the Public Service Act 2020.

A notice about a rule is secondary legislation, which means it has to follow certain rules for publication, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338870.

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450: Other provisions in respect of emergency rules, or

"Special rules for emergencies that the Director can make for a limited time"

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452: Incorporation by reference, or

"Rules can include information from other sources by referencing it, like citing a book in a school essay."

Part 30Miscellaneous provisions applying to this Act generally
Provisions in respect of rules under this Act

451Further general provisions in respect of rules

  1. Any rules made under this Act may be made so that different rules shall apply with respect to different classes of persons, organisations, ships, offshore installations, pipelines, maritime products, maritime-related services, marine protection products, or of any other real or personal property, or with respect to the same class of person, organisation, ship, offshore installation, pipeline, maritime product, maritime-related service, marine protection product, or of any other property or item in different circumstances.

  2. Any rule made under this Act may apply—

  3. generally throughout New Zealand, New Zealand waters, or New Zealand continental waters (as defined in section 222(1)):
    1. within any specified part or parts of New Zealand, New Zealand waters, or New Zealand continental waters:
      1. in respect of New Zealand ships, wherever they may be.

        1. Except as otherwise expressly provided, where a rule applies to ships, it applies to New Zealand ships wherever they may be.

        2. The commencement of any rule may be wholly suspended until it is applied by the Minister by notice (see subsection (9)).

        3. A rule made under this Act may—

        4. require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; and
          1. empower the Authority, the Director, or any other person to impose requirements or conditions as to the performance of an activity or activities.

            1. No breach of any rule made under this Act shall constitute an offence against this Act unless that offence is prescribed in regulations made under this Act or is expressly specified by this Act to be an offence against this Act.

            2. Repealed

            3. Repealed

            4. So far as the bylaws of any local authority are inconsistent with or repugnant to any rule in force in the same locality, the bylaws shall be construed subject to the rule.

            5. Notwithstanding clause 5 of Schedule 6 of the Public Service Act 2020, the Minister shall not delegate his or her power to make rules under this Act.

            6. A notice under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            Compare
            Notes
            • Section 451(1): amended, on , by section 81(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 451(2): replaced, on , by section 81(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 451(2A): inserted, on , by section 81(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 451(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 451(4): replaced, on , by section 81(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).
            • Section 451(4)(b): amended, on , by section 44 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
            • Section 451(5): amended, on , by section 36(2) of the Maritime Transport Amendment Act 1999 (1999 No 68).
            • Section 451(5A): repealed, on , by section 4 of the Legislation (Repeals and Amendments) Act 2019 (2019 No 59).
            • Section 451(6): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 451(8): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
            • Section 451(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).