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Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Transport instruments

452A: Regulations or rules may provide for transport instruments

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"Rules can be made about transport documents under the Maritime Transport Act"

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You can make rules about transport instruments in regulations or rules under a maritime Act. A regulation or rule can say that some matters will be dealt with in a transport instrument. The person making the regulation or rule must be satisfied that the matter is suitable for a transport instrument. You must say who can make the transport instrument in the regulation or rule. A regulation or rule can provide for a particular transport instrument or for any instrument that may be made. It can also say how the instrument will be created. A transport instrument is part of the regulation or rule that provides for it. It only has effect if the regulation or rule refers to it. If you break a transport instrument, you are breaking the regulation or rule that provides for it. If a regulation or rule provides for a transport instrument, the instrument is secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019. The regulation or rule must say that the transport instrument is secondary legislation. You can find out who can make the transport instrument by looking at section 452B(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS482557.

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Transport and travel > MaritimeGovernment and voting > Government departmentsGovernment and voting > Regulations

Part 30Miscellaneous provisions applying to this Act generally
Transport instruments

452ARegulations or rules may provide for transport instruments

  1. A regulation or rule made under a maritime Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument.

  2. A regulation or rule providing under subsection (1) for a matter to be dealt with in a transport instrument may be made only if,—

  3. in the case of a regulation or rule to be made by the Governor-General, the Minister recommends it after being satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
    1. in the case of a rule to be made by the Minister, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
      1. in the case of a rule to be made by the Director, the Director is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.

        1. A regulation or rule that provides for a transport instrument must specify which of the persons listed in section 452B(3) may make the instrument.

        2. A regulation or rule that provides for a transport instrument may—

        3. provide for a particular transport instrument as amended or replaced from time to time:
          1. provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
            1. provide for any requirements in relation to the instrument or its creation.

              1. A transport instrument provided for in a regulation or rule is part of that regulation or rule.

              2. To avoid doubt,—

              3. a transport instrument has effect only to the extent that a regulation or rule made under a maritime Act refers to it; and
                1. a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.

                  1. If a regulation or rule provides for a transport instrument,—

                  2. a transport instrument made under the regulation or rule is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                    1. the regulation or rule must contain a statement to that effect.

                      Notes
                      • Section 452A: inserted, on , by section 45 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).