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Maritime Transport Act 1994

Further regulation of maritime activity - Granting of exemptions from maritime rules

40AA: Director may grant exemptions from maritime rules

You could also call this:

"The Director can excuse people or ships from following some maritime rules if it's safe and fair."

The Director can let some people or ships not follow certain maritime rules if they think it is appropriate. You might be exempt from following a rule if you have already mostly followed it, or if there is a better way to do it. The Director must make sure that not following the rule will not harm the environment or make things less safe.

The Director cannot let you off a rule if the rule says that no one can be exempt. If the Director does let you off a rule, they have to tell everyone about it in the Gazette, which is like a newsletter, every three months. They also have to publish their reasons for letting you off the rule.

If the Director lets a whole group of people off a rule, this is called a class exemption, which is a type of secondary legislation (see Part 3 of the Legislation Act 2019 for more information about this). The Director's reasons for granting a class exemption must be published with the exemption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS482366.

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"More details about following the rules"

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40AB: General provisions relating to exemptions, or

"Rules for when the Director can give special permission to ignore some maritime rules"

Part 4Further regulation of maritime activity
Granting of exemptions from maritime rules

40AADirector may grant exemptions from maritime rules

  1. The Director may, if the Director thinks it appropriate,—

  2. exempt 1 or more named or specified persons, ships, maritime products, or other things from 1 or more specified requirements in a maritime rule; or
    1. exempt any class of person, ship, maritime product, or other thing from 1 or more specified requirements in a maritime rule.

      1. The Director must not grant an exemption unless satisfied that—

      2. granting the exemption will not breach New Zealand’s obligations under any convention; and
        1. one of the following applies:
          1. the requirement has been substantially complied with and further compliance is unnecessary:
            1. the manner in which the requirement has been, or is sought to be, fulfilled is as effective as or more effective than actual compliance with the requirement:
              1. the requirement is clearly unreasonable or inappropriate in this particular case:
                1. events have occurred that make the requirement unnecessary or inappropriate in this particular case; and
                2. the risk of harm to the marine environment will not be significantly increased by granting the exemption; and
                  1. the risk to safety will not be significantly increased by granting the exemption.

                    1. The power under subsection (1) must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted.

                    2. This section does not limit or affect any other power of exemption conferred on any person under this Act or any other maritime Act.

                    3. The Director must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette at intervals not longer than 3 months.

                    4. A class exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    5. The Director’s reasons for granting a class exemption must be published with the exemption.

                    6. In this section and section 40AB, class exemption means an exemption granted under subsection (1)(b).

                    Notes
                    • Section 40AA: inserted, on , by section 33 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).