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Maritime Transport Act 1994

Consequential amendments, transitional provisions, and repeals - Repeals, savings, and transitional provisions

485: Savings relating to Ministry, etc

You could also call this:

"What happens to court cases started under old maritime laws"

If you were involved in a court case under the Shipping and Seamen Act 1952 or the Marine Pollution Act 1974, you can still finish the case even if these laws are repealed. The Ministry or its officers might have started the case, but now the Authority or the Director will take their place. You can continue the case as if the Authority or the Director had started it. This also applies if the Ministry or its officers had started an investigation under these laws.

If the Ministry or its officers had started an action under these laws, you can still continue and finish it. The Authority or the Director will take the place of the Ministry or its officers. This means the case can still be completed and enforced.

When you read other laws or documents that mention the Maritime Safety Authority of New Zealand or the Director of Maritime Safety, you should replace these names with the new Authority or Director. You can find more information about the new Authority in section 429 and the new Director in section 439. This will help you understand who is now in charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM339227.

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484: Transitional provisions relating to Oil Pollution Advisory Committee, or

"Special rules for the Oil Pollution Advisory Committee when the law changed"

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Schedule 1AA: Transitional, savings, and related provisions, or

"Rules to help when maritime transport laws change"

Part 31Consequential amendments, transitional provisions, and repeals
Repeals, savings, and transitional provisions

485Savings relating to Ministry, etc

  1. Where, before the repeal of the Shipping and Seamen Act 1952 by section 202, the Ministry or any officer of the Ministry had become a party to any proceedings under that Act, the proceedings may be continued, completed, and enforced after the repeal of that Act as if the Authority or the Director, as the case may require, were that party.

  2. Where, before the repeal of the Marine Pollution Act 1974 by section 481, the Ministry or any officer of the Ministry becomes a party to any proceedings under that Act, the proceedings may be continued, completed, and enforced after the repeal of that Act as if the Authority or the Director, as the case may require, were that party.

  3. Where, before the repeal of the Shipping and Seamen Act 1952 by section 202, the Ministry or any officer of the Ministry had commenced an action under that Act or regulations made under that Act, the action may be continued, completed, and enforced after the repeal of that Act as if the Authority or the Director, as the case may require, had commenced it.

  4. Where, before the repeal of the Marine Pollution Act 1974 by section 481, the Ministry or any officer of the Ministry commences an action under that Act or regulations made under that Act, the action may be continued, completed, and enforced after the repeal of that Act as if the Authority or the Director, as the case may require, had commenced it.

  5. Where, before the repeal of the Shipping and Seamen Act 1952 by section 202, the Ministry or any officer of the Ministry had commenced an investigation under that Act or regulations made under that Act, the investigation may be continued and completed after the repeal of that Act as if the Director had commenced it.

  6. References to the Maritime Safety Authority of New Zealand or the Director of Maritime Safety in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatever in force at the commencement of this Act shall, unless the context otherwise requires, be read as references to the Authority continued by section 429 or the Director appointed or deemed to be appointed under section 439, as the case may require.