Maritime Transport Amendment Act 2013

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

s 100

Marine Protection Rules Part 102: Certificates of Insurance

In rule 102.2, delete the definitions of Regulated offshore installation and Regulated ship.

In rule 102.2, insert in their appropriate alphabetical order:

Bunker Oil Convention has the meaning given to it in section 342 of the Act

Bunker Oil Convention State has the meaning given to it in section 342 of the Act

New Zealand continental waters has the meaning given to it in section 222(1) of the Act

offshore installation has the meaning given to it in section 222(1) of the Act

regulated offshore installation

  • (a) means an offshore installation within New Zealand continental waters; and

  • (b) includes any pipeline connected to that installation

regulated ship means a New Zealand or foreign ship of 400 gross tonnage or more other than a regulated oil tanker.

Replace the heading above rule 102.3 with:

Subpart 1Ships.

Replace rule 102.3 with:

102.3 Application
  • (1) This subpart applies to ships that are required by section 363 or 363A of the Act to have a certificate of insurance.

    (2) The owner of a ship may apply under rule 102.4 for the issue or recognition of a certificate of insurance in respect of the owner's liability under the Civil Liability Convention or the Bunker Oil Convention.

    (3) The owner of a CLC ship may apply under rule 102.6 for acceptance of a certificate of insurance in respect of the owner's liability under the Civil Liability Convention.

    (4) The owner of a Bunker Oil Convention ship may apply under rule 102.6A for acceptance of a certificate of insurance in respect of the owner's liability under the Bunker Oil Convention.

In rule 102.4(2)(b), replace section 347 of the Maritime Transport Act with Part 7 or section 347 of the Act, as the case may be.

In rule 102.4(2)(d), replace section 347 of the Act with Part 7 or section 347 of the Act, as the case may be.

In rule 102.4(2)(d) and (e), replace Insurance Companies (Ratings and Inspections) Act 1994 with Insurance (Prudential Supervision) Act 2010.

Replace rule 102.4(3) with:

  • (3) Every certificate of insurance issued by the Director for a ship must—

    • (a) contain the following particulars—

      • (i) the name of the ship, the ship’s distinctive number or letters, and the ship’s port of registry; and

      • (ii) the name of the owner of the ship and the principal place of business of that owner; and

      • (iii) the ship’s IMO ship identification number; and

      • (iv) the nature of the contract of insurance or other financial security; and

      • (v) the name and principal place of business of the insurer or other person giving security and the place of business where the insurance or security is established; and

      • (vi) the period of validity of the insurance or other financial security; and

      • (vii) the period of validity of the certificate, which must not exceed the period of validity of the insurance or other financial security; and

    • (b) in the case of a regulated oil tanker, be in the form specified in—

      • (i) Appendix 1, in respect of liability under the Civil Liability Convention:

      • (ii) Appendix 4, in respect of liability under the Bunker Oil Convention:

    • (c) in the case of a regulated ship of 1 000 gross tonnage or more, be in the form specified in Appendix 4 in respect of liability under the Bunker Oil Convention:

    • (d) in the case of a regulated ship of less than 1 000 gross tonnage, be in the form specified in Appendix 3 in respect of civil liability for oil pollution damage.

In rule 102.5, replace section 347 of the Maritime Transport Act 1994 with Part 7 or section 347 of the Act, as the case may be.

After rule 102.6, insert:

Foreign ships registered in Bunker Oil Convention States
102.6A Acceptance of certificates of insurance
  • (1) For the purpose of sections 271 and 363 of the Act, a certificate of insurance for a foreign ship registered in a Bunker Oil Convention State means—

    • (a) a valid certificate evidencing a contract of insurance or other financial security issued, or recognised, by or under the authority of the Bunker Oil Convention State in accordance with the Bunker Oil Convention; or

    • (b) in the case of a State-owned ship used for a commercial purpose for which insurance or other financial security is not maintained, a valid certificate issued by or under the authority of the government of that State stating liability for pollution damage within the meaning of Article 1 of the Bunker Oil Convention is covered up to the limits determined in accordance with Part 7 of the Act.

    (2) In this rule, flag State means—

    • (a) the State in which the ship is registered; or

    • (b) if the ship is not registered, the State whose flag the ship flies.

Replace the heading above rule 102.7 with:

Subpart 2Offshore installations.

In rule 102.7, replace section 364 with section 385H.

Revoke rules 102.10 to 102.12 and the heading above rule 102.10.

In the Appendix 1 heading, replace Regulated Oil Tankers with CLC Certificates for Regulated Oil Tankers.

In the Appendix 3 heading, replace Regulated Ships with Civil Liability for Oil Pollution Damage Certificates for Regulated Ships.

After Appendix 3, insert:

Appendix 4: Bunker Oil Convention Certificates

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE

Issued in accordance with the provisions of Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001.

Name of ship Distinctive number or letters IMO ship identification number Port of registry Name and full address of the principal place of business of the registered owner

This is to certify that there is in force in respect of the above-named ship a policy of insurance or other financial security satisfying the requirements of Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001.

Type of security:
Duration of security:

From:

To:

Name and address of the insurer(s) and/or guarantor(s):

Name:

Address:

This certificate is valid until:
Issued and certified on behalf of the Government of New Zealand

at:

on:

Signature:

(Director of Maritime New Zealand)

Explanatory Notes:
  • 1 If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued.

  • 2 If the total amount of security has been furnished by more than one source, the amount furnished by each source should be indicated.

  • 3 If security is furnished in several forms, these should be enumerated.

  • 4 The entry Duration of security must stipulate the date on which such security takes effect.

  • 5 The entry Address of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.