Maritime Transport Amendment Act 2013

Reprint as at 1 October 2014

Maritime Transport Amendment Act 2013

Public Act2013 No 84
Date of assent22 October 2013
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.


Contents

1 Title

2 Commencement

3 Principal Act

4 Long Title amended

5 Section 2 amended (Interpretation)

6 Section 4 amended (Application of this Act)

7 New Part 3A inserted

8 Section 34 amended (Maritime rules relating to maritime documents)

9 Section 36 amended (Maritime rules relating to other matters)

10 New section 36A inserted (Power of Governor-General to make maritime rules)

11 Section 39 amended (Matters to be taken into account in making maritime rules)

12 New Part 4A inserted

13 Section 43 amended (Suspension of maritime documents or imposition of conditions)

14 Section 47 amended (Exemption)

15 Cross-heading above section 52 replaced

16 Section 52 amended (Suspension from employment)

17 Section 53 amended (Suspended persons not to be employed)

18 Cross-heading above section 54 amended

19 New section 54A inserted (Power of Director to investigate holder of maritime document)

20 New sections 67A and 67B inserted

21 New sections 69A and 69B inserted

22 Part 7 heading replaced

23 Section 84 replaced (Interpretation)

24 New section 84A inserted (LLMC Convention as amended by LLMC Protocol to have force of law)

25 Section 85 repealed (Persons entitled to limitation of liability under this Part)

26 Section 86 amended (Claims subject to limitation of liability)

27 Section 87 amended (Calculation of limits of liability)

28 New section 87A inserted (Governor-General may notify amended limits)

29 Section 88 amended (Units of account)

30 Sections 89 to 91 repealed

31 Section 97 amended (Limitation of actions)

32 Section 100 amended (Powers and duties of Director where ship or aircraft in distress)

33 Section 105 amended (Rules to be observed by person finding wreck)

34 Cross-heading above section 191 replaced

35 Section 191 amended (Marine safety charges)

36 Sections 192 to 197 amended

37 Section 198 amended (Coastal shipping)

38 Section 200 amended (Navigational aids)

39 Section 200B amended (Special enforcement powers may be exercised when this section applies)

40 Section 201 amended (Regulations)

41 Section 222 amended (Interpretation)

42 Section 230 amended (Notice of transfer of oil or noxious liquid substances to or from ships)

43 New section 233A inserted (Power to prohibit transfer of oil or noxious liquid substance)

44 Section 241 amended (Failure to notify transfer of oil or noxious liquid substance from or to ships)

45 New section 242A inserted (Failure to comply with prohibitions)

46 Section 245 amended (Penalties in respect of sections 240 and 241)

47 Section 247 amended (Interpretation)

48 Section 248 amended (Powers of Director in relation to hazardous ships)

49 Section 250 replaced (Exercise of power by Director)

50 Section 254 amended (Instructions under this Part that conflict with other instructions)

51 Section 256 amended (Protection of Director and other persons)

52 Section 307 amended (Compensation payable where property requisitioned)

53 Section 308 amended (Compensation for loss or damage to personal property)

54 Section 342 amended (Interpretation)

55 Section 347 amended (Maximum amount of liability of shipowners for pollution damage)

56 Sections 355 to 360 and cross-heading above section 355 repealed

57 Section 362 repealed (Part 7 not to affect liability under this Part)

58 Section 364 repealed

59 Section 365 amended (Production of certificate of insurance)

60 Section 366 amended (Rights of third parties against insurers of regulated oil tankers, regulated ships, and regulated offshore installations)

61 Section 367 replaced (Offences)

62 New Part 26A inserted

63 Section 387 amended (Marine protection rules relating to marine protection documents)

64 Section 388 amended (Marine protection rules in relation to harmful and other substances)

65 Section 390 amended (Marine protection rules in relation to marine oil spills and other matters)

66 New section 390A inserted (Power of Governor-General to make marine protection rules)

67 Section 395 amended (Exemptions)

68 Section 406 amended (Communicating false or insufficient information)

69 Section 407 amended (Penalties)

70 Section 409 amended (Additional penalty for offence involving commercial gain)

71 Section 411 amended (Limitation of proceedings)

72 Section 423 amended (Infringement notices)

73 Section 425 amended (Procedure)

74 Section 426 amended (Decision of Director to continue in force pending appeal)

75 Section 429 amended (Maritime New Zealand continued)

76 Section 445 amended (Regulations for fees and charges)

77 New section 445A inserted (Text of certain marine protection conventions)

78 Section 446 amended (Procedure for making of rules by Minister)

79 New section 446A inserted (Procedure for making of rules by Governor-General)

80 Section 448 amended (Provisions in respect of rules generally)

81 Section 451 amended (Further general provisions in respect of rules)

82 Section 452 replaced (Incorporation in rules of material by reference)

83 Section 468 amended (Savings relating to Shipping and Seamen Act 1952)

84 New Schedules 8 and 9 inserted

Repeals and revocations

85 Amendments to Local Government Act 1974

86 Revocation of Maritime Transport (Certificates of Insurance) Regulations 2005

Transitional and savings provisions

87 Savings provisions relating to Local Government Act 1974

88 Conflicts between existing navigation bylaws and existing maritime rules

89 Marine Safety Charges Regulations 2000

Consequential amendments

90 Consequential amendments

Amendments to come into force by Order in Council

91 Section 222 amended (Interpretation)

92 Section 342 amended (Interpretation)

93 Section 354 replaced (Ships owned by CLC State)

94 Section 361 amended (Time for bringing proceedings)

95 New section 363A inserted (Certain ships to have bunker oil certificates of insurance)

96 Section 366 amended (Rights of third parties against insurers of regulated oil tankers and regulated ships)

97 Section 367 amended (Offences)

98 Section 387 amended (Marine protection rules relating to marine protection documents)

99 Section 390 amended (Marine protection rules in relation to marine oil spills and other matters)

100 Consequential amendments

Schedule 1
New Schedules 8 and 9 inserted

Schedule 2
Consequential amendments

Schedule 3
Amendments to rules to come into force by Order in Council

Reprint notes


The Parliament of New Zealand enacts as follows: