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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:

"General Rules for Maritime Transport in New Zealand"

Illustration for Maritime Transport Act 1994

The Maritime Transport Act 1994 has rules that you must follow. These rules can be different for various groups of people or ships. They can also apply to specific areas in New Zealand. You need to know that these rules can be applied in different ways. For example, they can apply to the whole of New Zealand or just a part of it. They can also apply to New Zealand ships no matter where they are. The Minister has the power to make these rules, but they cannot delegate this power. A rule can be suspended until the Minister applies it by notice, which is a type of secondary legislation, see Part 3 of the Legislation Act 2019 for publication requirements. Breaking a rule is not an offence unless it is specified in the regulations or the Act. Local authority bylaws must follow the rules if they are inconsistent. The rules can require things to be done or approved by certain people, and they can also impose conditions on activities, as stated in clause 5 of Schedule 6 of the Public Service Act 2020.

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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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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).