Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Transport instruments

452A: Regulations or rules may provide for transport instruments

You could also call this:

"Rules can include special documents with transport information and rules"

The law says a regulation or rule under a maritime Act can include something called a transport instrument. You need to know that a transport instrument is a document that has rules or information about transport. A regulation or rule can say that some matters will be dealt with in a transport instrument instead of in the regulation or rule itself.

When a regulation or rule says that a matter will be dealt with in a transport instrument, it must say who can make the instrument, as listed in section 452B(3). You can think of it like a permission slip that says who is allowed to create the transport instrument. The regulation or rule can also provide for a particular transport instrument as amended or replaced from time to time.

A transport instrument is part of the regulation or rule that provides for it. This means that if you break a rule in the transport instrument, you are also breaking the regulation or rule that includes it. If a regulation or rule provides for a transport instrument, the instrument is secondary legislation, which means it has to follow certain rules, as explained in Part 3 of the Legislation Act 2019. The regulation or rule must also say that the transport instrument is secondary legislation.

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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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"Rules can include information from other sources by referencing it, like citing a book in a school essay."


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452B: Specified person may make transport instruments, or

"Who can create maritime transport rules?"

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).