47 Exemption

(1)

The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, ship, or maritime product from any specified requirement in any maritime rule.

(2)

The Director shall not grant an exemption under subsection (1) unless he or she is satisfied in the circumstances of each case that—

(a)

the granting of the exemption will not breach New Zealand’s obligations under any convention; and

(b)

either—

(i)

the requirement has been substantially complied with and that further compliance is unnecessary; or

(ii)

the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

(iii)

the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

(iv)

events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case; and

(ba)

the risk of harm to the marine environment will not be significantly increased by the granting of the exemption; and

(c)

the risk to safety will not be significantly increased by the granting of the exemption.

(3)

The number and nature of any exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette.

(4)

Nothing in this section shall apply in any case where any maritime rule specifically provides that no exemptions are to be granted.

Compare: 1990 No 98 s 37

Section 47(2)(ba): inserted, on 23 October 2013, by section 14 of the Maritime Transport Amendment Act 2013 (2013 No 84).