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Maritime Transport Act 1994

Repeals, savings, and transitional provisions

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules to help when maritime transport laws change"

The Maritime Transport Act 1994 has some special rules that help when the law changes. You need to understand what these changes mean for you. The law explains what happens when new rules start.

When a new law starts, it only applies to things that happen after it begins. This means that if something happened before the new law started, the old law still applies. You can find more information about this in the Maritime Transport Amendment Act 2017.

There are also rules about how to refer to old laws or documents. If a law or document mentions an old name, you should read it as if it said the new name instead. For example, you might see a reference to the Maritime Transport (Fund Convention) Levies Order 1996, which should be read as the Maritime Transport (International Oil Pollution Compensation Levies) Order 1996.

Some laws have exemptions, which are like special permissions. These exemptions can still apply even if the law changes. You can find more information about exemptions in section 47 and section 395.

The law also explains how bylaws are made and what happens to them. Bylaws are like rules that apply to specific areas or situations. They must be notified in the Gazette and published on a website. You can find more information about bylaws in section 33W.

Finally, the law talks about transport instruments, which are like special documents. These instruments must be presented to the House of Representatives and notified in the Gazette. You can find more information about transport instruments in the Legislation Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS52918.

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Schedule 1: Provisions relating to Maritime New Zealand, or

"Rules about Maritime New Zealand, a part of New Zealand's maritime law"

1AATransitional, savings, and related provisions Empowered by s 2A

1Maritime Transport Amendment Act 2017

1Interpretation

  1. In this Part, commencement date means the date on which Part 2 of the Maritime Transport Amendment Act 2017 comes into force under section 2(1) of that Act.

Notes
  • Schedule 1AA clause 1: inserted, on , by section 27 of the Maritime Transport Amendment Act 2017 (2017 No 48).

2Amendments apply to pollution damage occurring after commencement

  1. The amendments made by Part 2 of the Maritime Transport Amendment Act 2017 apply in relation to pollution damage only if that damage is caused by or results from an escape or a discharge of oil from a ship that occurs on or after the commencement date.

Notes
  • Schedule 1AA clause 2: inserted, on , by section 27 of the Maritime Transport Amendment Act 2017 (2017 No 48).

3References to Maritime Transport (Fund Convention) Levies Order 1996

  1. Every reference in any enactment or document to the Maritime Transport (Fund Convention) Levies Order 1996 must, unless the context otherwise requires, be read as a reference to the Maritime Transport (International Oil Pollution Compensation Levies) Order 1996.

Notes
  • Schedule 1AA clause 3: inserted, on , by section 27 of the Maritime Transport Amendment Act 2017 (2017 No 48).

2Maritime Transport (Offshore Installations) Amendment Act 2019

4Old section 385J applies to existing proceedings

  1. Section 385J (as in force immediately before its replacement by the Maritime Transport (Offshore Installations) Amendment Act 2019) continues to apply to any proceedings brought under that section that are commenced before that Act comes into force.

Notes
  • Schedule 1AA clause 4: inserted, on , by section 7 of the Maritime Transport (Offshore Installations) Amendment Act 2019 (2019 No 80).

5Rules may provide for early expiry of certificates of insurance

  1. For the purpose of implementing the Maritime Transport (Offshore Installations) Amendment Act 2019 (the amendment Act), transitional provisions in rules made under section 387(4) or (4A)(a) may have the effect that any certificate of insurance in force under section 385H (even if issued before the commencement date of the amendment Act or the relevant rule) will expire on a date earlier than the expiry date specified for the certificate by the Director when it was issued.

  2. Nothing in subclause (1) limits the ability of rules made under this Act to provide for transitional matters.

Notes
  • Schedule 1AA clause 5: inserted, on , by section 7 of the Maritime Transport (Offshore Installations) Amendment Act 2019 (2019 No 80).

3Provisions relating to Regulatory Systems (Transport) Amendment Act 2021

1Pre-existing exemptions

6Interpretation

  1. In this subpart, amendment Act means the Regulatory Systems (Transport) Amendment Act 2021.

Notes
  • Schedule 1AA clause 6: inserted, on , by section 46(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

7Pre-existing exemptions from regulations made under sections 47 and 395

  1. Any exemption granted under section 47 before section 34 of the amendment Act comes into force continues to have effect as if that section had not come into force.

  2. Any exemption granted under section 395 before section 40 of the amendment Act comes into force continues to have effect as if that section had not come into force.

Notes
  • Schedule 1AA clause 7: inserted, on , by section 46(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

2Provisions relating to Legislation Act 2019

8Application of subpart

  1. This subpart applies until the main commencement date (as defined in clause 2 of Schedule 1 of the Legislation Act 2019).

Notes
  • Schedule 1AA clause 8: inserted, on , by section 46(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

9Bylaws for Crown harbours and facilities

  1. If a responsible Minister makes bylaws under section 33W, the bylaws must be—

  2. notified in the Gazette; and
    1. published on an Internet site maintained by or on behalf of,—
      1. if they are made by the Minister of Conservation, the Department of Conservation; or
        1. if they are made by the Minister of Defence, the New Zealand Defence Force; or
          1. if they are made by the Minister of Local Government, the Department of Internal Affairs.

          Notes
          • Schedule 1AA clause 9: inserted, on , by section 46(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

          10Exemptions granted under section 40AA or 395

          1. An exemption granted under section 40AA(1)(b) or 395(1)(b) is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

          2. As soon as practicable after granting a class exemption, the Director must—

          3. notify the exemption in the Gazette (and include the text of the exemption); and
            1. publish the exemption on the Authority’s Internet site.

              1. The reference in section 40AB(3) to the date on which the exemption is published under the Legislation Act 2019 is to be read as a reference to the date on which the exemption is notified under subclause (2)(a).

              2. An exemption granted under section 40AA(1)(a) or 395(1)(a) is not a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

              Notes
              • Schedule 1AA clause 10: inserted, on , by section 46(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

              11Transport instruments

              1. A transport instrument is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

              2. A specified person who makes, amends, or revokes a transport instrument must, as soon as practicable after doing so,—

              3. notify the instrument, amendment, or revocation in the Gazette (but need not incorporate the text of the instrument, amendment, or revocation); and
                1. ensure that a copy of the instrument, amendment, or revocation is—
                  1. published on the Authority’s Internet site; and
                    1. available for purchase in hard copy at a reasonable charge.

                    Notes
                    • Schedule 1AA clause 11: inserted, on , by section 46(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).