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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

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"What happens to Ministry cases when old laws are replaced"

Illustration for Maritime Transport Act 1994

If the Ministry or one of its officers was involved in a court case under the Shipping and Seamen Act 1952 before it was repealed by section 202, the case can still go ahead after the repeal. You can think of the Authority or the Director as taking the Ministry's place in the case. This also applies to cases under the Marine Pollution Act 1974 that were started before it was repealed by section 481. If the Ministry or one of its officers started an action under the Shipping and Seamen Act 1952 before it was repealed by section 202, the action can still be finished after the repeal. The Authority or the Director can take the Ministry's place in the action. The same rule applies to actions under the Marine Pollution Act 1974 that were started before it was repealed by section 481. If the Ministry or one of its officers started an investigation under the Shipping and Seamen Act 1952 before it was repealed by section 202, the investigation can still be finished after the repeal. The Director can take the Ministry's place in the investigation. When you see references to the Maritime Safety Authority of New Zealand or the Director of Maritime Safety in documents, you should read them as references to the Authority or the Director, unless the context says otherwise. This is because of section 429 and section 439. You can find more information about these sections at DLM338397.html and DLM338836.html.

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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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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.