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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 some people or ships from following certain maritime rules in special cases."

Illustration for Maritime Transport Act 1994

The Director can let some people or ships not follow certain maritime rules if they think it is appropriate. You might be exempt from some rules if you have already mostly followed them, or if following them would be unreasonable. The Director must make sure that exempting you will not harm the environment or safety, and will not go against New Zealand's international obligations. The Director cannot grant an exemption if the rule specifically says no exemptions are allowed. They must also tell people about the exemptions they grant, and publish their reasons for granting class exemptions, which are exemptions for a group of people or ships, as per the Legislation Act 2019. The Director must notify the number and nature of exemptions granted in the Gazette every three months. The Director's power to grant exemptions does not limit any other powers to grant exemptions under this Act or other maritime Acts. A class exemption is when the Director grants an exemption to a group of people or ships, and this is considered secondary legislation, which has its own publication requirements. You can find more information about this in section 40AB.

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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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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).