Maritime Security Act 2004 No 16 (as at 01 October 2008), Public Act

9 Functions and duties of Designated Authority
  • (1) In furtherance of its principal objectives, the Designated Authority must ensure that the chief executive,—

    • (a) with respect to each port facility within the territorial limits or continental waters of New Zealand, ensures that—

      • (i) port facility security assessments are carried out, reviewed, and approved in accordance with section 39; and

      • (ii) port facility security plans are developed, implemented, and maintained in accordance with section 40 and approved in accordance with section 41; and

    • (b) with respect to New Zealand ships, ensures that—

      • (i) ship security assessments are carried out, reviewed, and updated in accordance with section 21; and

      • (ii) ship security plans are developed, implemented, and maintained in accordance with section 22 and approved in accordance with section 23; and

    • (c) specifies, in accordance with section 16, the appropriate security level for—

      • (i) port facilities within the territorial limits or continental waters of New Zealand; and

      • (ii) ships—

        • (A) registered in New Zealand; or

        • (B) using port facilities within the territorial limits or continental waters of New Zealand; or

        • (C) conducting ship-to-ship activities within New Zealand continental waters; and

    • (d) approves any amendment to an approved ship security plan in accordance with section 24; and

    • (e) specifies and communicates the measures that must be addressed in a port facility security plan or a ship security plan for each security level; and

    • (f) determines—

      • (i) in accordance with section 12 whether a declaration of security is required; and

      • (ii) the requirements for any declaration of security; and

    • (g) approves—

      • (i) any port security assessment carried out by a recognised security organisation in accordance with section 39; and

      • (ii) any port facility security plan in accordance with section 41; and

      • (iii) any amendment to an approved port facility security plan in accordance with section 41; and

    • (i) for the purpose of providing further information, publishes standards and codes of practice; and

    • (j) authorises recognised security organisations in accordance with regulations made under this Act; and

    • (k) undertakes any other functions or duties specified in regulations made under this Act; and

    • (1) issues certificates; and

    • (m) carries out the verification process necessary to issue certificates; and

    • (n) issues continuous synopsis records; and

    • (o) carries out any lawful direction of the Designated Authority.

    (2) In accordance with regulations made under this Act, the Designated Authority may approve—

    • (a) training courses relevant to the Convention or the Code; and

    • (b) the providers of those training courses.

    Compare: Annex to the Convention, Chapter XI-2 r 10