Maritime Transport Act 1994

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

40AB: General provisions relating to exemptions

You could also call this:

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

The Director can grant exemptions from some maritime rules under section 40AA. You can think of an exemption like a special permission to not follow a rule. The Director decides the terms and conditions of the exemption.

The Director can change or cancel an exemption, and can grant it for a limited or unlimited time. The exemption starts on the date specified in the exemption. For a class exemption, this date must not be before the exemption is published under the Legislation Act 2019.

If an exemption is granted for a limited time, it ends on the specified date unless it is replaced or cancelled. If no end date is specified, the exemption lasts indefinitely until it is replaced or cancelled. If you break a term or condition of an exemption, you are breaking the relevant maritime rule, unless the exemption says otherwise.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS482367.

40AA: Director may grant exemptions from maritime rules, or

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

40AC: Appeal against decision on exemption under section 40AA(1)(a), or

"Appealing a decision about a special exemption from maritime rules"

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

40ABGeneral provisions relating to exemptions

This section applies to exemptions under section 40AA.
The Director may—
grant an exemption on any terms and conditions that the Director thinks fit:
amend or revoke an exemption:
grant an exemption for an indefinite or limited period:
replace an exemption either before or when it expires.

An exemption takes effect from the date specified in the exemption (which, for a class exemption, must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019).
An exemption granted for a limited period expires (unless it is sooner replaced or revoked) on the date specified in the exemption.
If the term of an exemption is not specified in the exemption, it has effect for an indefinite period (or until it is replaced or revoked).
The breach of a term or condition of an exemption is a breach of the relevant provision in the rule to which the exemption relates (unless the terms of the exemption provide otherwise).

Notes

Section 40AB: inserted, on 1 April 2021, by section 33 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).