Hon Gerry Brownlee
Government Bill
58—3A
As reported from the committee of the whole House
Bill note
Key
1 Title
2 Commencement
3 Principal Act
4 Long Title amended
5 Section 2 amended (Interpretation)
5A Section 4 amended (Application of this Act)
6 New Part 3A inserted
Part 3ALocal regulation of maritime activity
33A Application of this Part
33B Interpretation
33C Functions of regional councils
Harbourmasters
33D Regional councils to appoint harbourmasters
33E Functions of harbourmasters
33F Harbourmasters' general powers
Enforcement
33G Enforcement officers, Police, and authorised regional council officials
33H Powers of entry
Councils may carry out harbour works
33I Councils may carry out harbour works
Wrecks
33J Removal of wrecks by regional council
33K Removal of wrecks by Director
33L Removal of abandoned ships
Navigation bylaws
33M Navigation bylaws
33MB Offences relating to navigation bylaws
33MC Infringement offences relating to navigation bylaws
33MD Infringement notices
33ME Entitlement to infringement fees
Fees and charges
33MF Fees and charges
Port operations
33N Responsibilities of port operators for maritime safety
33O Inspections and audits of port operations
33P Prohibition or conditions on use or operation of port facilities
33Q Dangerous activity at commercial port
Miscellaneous
33R Crown harbours and facilities
33S Delegation or transfer of council's responsibilities
7 Section 34 amended (Maritime rules relating to maritime documents)
8 Section 36 amended (Maritime rules relating to other matters)
9 New section 36A inserted (Power of Governor-General to make maritime rules)
36A Power of Governor-General to make maritime rules
10 Section 39 amended (Matters to be taken into account in making maritime rules)
11 New Part 4A inserted
Part 4ARegulation of alcohol consumption by seafarers
40A Interpretation
40B Seafarers not to exceed specified alcohol limits
40C Contravention of specified breath or blood-alcohol limit
40D Failure or refusal to remain at specified place or to accompany enforcement officer
40E Failure or refusal to permit blood specimen to be taken
40F Defences
40G Blood test fee
40H Who must undergo breath screening test
40I Who must undergo evidential breath test
40J Seafarer may be required to undergo further evidential breath test if initial test fails to produce result
40K Right to elect blood test
40L Who must give blood specimen at places other than hospital or surgery
40M Who must give blood specimen in hospital or surgery
40N Procedure for dealing with blood specimens
40O Certificates in proceedings
40P Certificates of compliance for evidential breath-testing devices
40Q Presumptions relating to blood specimens
40R Presumptions relating to alcohol-testing
40S Circumstances in which certificate not admissible in proceedings
40T Power to stop and board ships
40U Arrest of seafarers for alcohol-related offences
40V Enforcement officer may prevent seafarers from returning to duty
40W Evidential status of certain muster lists, or other official records, from ships
12 Section 43 amended (Suspension of maritime documents or imposition of conditions)
13 Section 47 amended (Exemption)
14 Cross-heading above section 52 replaced
15 Section 52 amended (Suspension from employment)
16 Section 53 amended (Suspended persons not to be employed)
17 Cross-heading above section 54 amended
18 New section 54A inserted (Power of Director to investigate holder of maritime document)
54A Power of Director to investigate holder of maritime document
19 New sections 67A and 67B inserted
67A Offence for submerged load lines
67B Other offences
20 New sections 69A and 69B inserted
69A Acting in breach of maritime documents
69B Knowingly employing seafarers without maritime documents
21 Part 7 heading replaced
22 Section 84 replaced (Interpretation)
84 Interpretation
23 New section 84A inserted (LLMC Convention as amended by LLMC Protocol to have force of law)
84A LLMC Convention as amended by LLMC Protocol to have force of law
24 Section 85 repealed (Persons entitled to limitation of liability under this Part)
25 Section 86 amended (Claims subject to limitation of liability)
26 Section 87 amended (Calculation of limits of liability)
27 New section 87A inserted (Governor-General may notify amended limits)
87A Governor-General may notify amended limits
28 Section 88 amended (Units of account)
29 Sections 89 to 91 repealed
30 Section 97 amended (Limitation of actions)
31 Section 100 amended (Powers and duties of Director where ship or aircraft in distress)
32 Section 105 amended (Rules to be observed by person finding wreck)
33 Cross-heading above section 191 replaced
34 Section 191 amended (Marine safety charges)
35 Sections 192 to 197 amended
36 Section 198 amended (Coastal shipping)
36A Section 200 amended (Navigational aids)
37 Section 200B amended (Special enforcement powers may be exercised when this section applies)
38 Section 201 amended (Regulations)
39 Section 222 amended (Interpretation)
40 Section 230 amended (Notice of transfer of oil or noxious liquid substances to or from ships)
41 New section 233A inserted (Power to prohibit transfer of oil or noxious liquid substance)
233A Power to prohibit transfer of oil or noxious liquid substance
42 Section 241 amended (Failure to notify transfer of oil or noxious liquid substance from or to ships)
43 New section 242A inserted (Failure to comply with prohibitions)
242A Failure to comply with prohibitions
44 Section 245 amended (Penalties in respect of sections 240 and 241)
45 Section 247 amended (Interpretation)
46 Section 248 amended (Powers of Director in relation to hazardous ships)
47 Section 250 replaced (Exercise of power by Director)
250 Exercise of power by Director
48 Section 254 amended (Instructions under this Part that conflict with other instructions)
49 Section 256 amended (Protection of Director and other persons)
50 Section 307 amended (Compensation payable where property requisitioned)
51 Section 308 amended (Compensation for loss or damage to personal property)
52 Section 342 amended (Interpretation)
53 Section 347 amended (Maximum amount of liability of shipowners for pollution damage)
54 Section 354 replaced (Ships owned by CLC State)
354 Ships owned by convention States
55 Sections 355 to 360 and cross-heading above section 355 repealed
56 Section 361 amended (Time for bringing proceedings)
57 Section 362 repealed (Part 7 not to affect liability under this Part)
58 Section 364 replaced (Regulated offshore installations to have certificates of insurance)
364 Certain ships to have bunker oil certificates of insurance
58A 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)
367 Offences
62 New Part 26A inserted
Part 26ACivil liability for pollution of marine environment from marine structures
385A Interpretation
385B Liability to the Crown and marine agencies for costs of cleaning up pollution
Liability for pollution from marine structures and operations
385C Liability for pollution damage from marine structures and operations
385D Liability for unattributable pollution damage from marine structures and operations
385E Defences in respect of liability for pollution damage from marine structures and operations
385F Reduction of liability of owner of marine structure or person in charge of marine operations where contributory negligence
385G Proceedings against third parties in respect of pollution damage from marine structures or operations
385H Regulated offshore installations to have certificates of insurance
385I Production of certificate of insurance
385J Rights of third parties against insurers of regulated offshore installations
385K Offence
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)
390A 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)
72A Section 425 amended (Procedure)
72B Section 426 amended (Decision of Director to continue in force pending appeal)
72C Section 429 amended (Maritime New Zealand continued)
73 Section 445 amended (Regulations for fees and charges)
74 New section 445A inserted (Text of certain marine protection conventions)
445A Text of certain marine protection conventions
75 Section 446 amended (Procedure for making of rules by Minister)
76 New section 446A inserted (Procedure for making of rules by Governor-General)
446A Procedure for making of rules by Governor-General
77 Section 448 amended (Provisions in respect of rules generally)
78 Section 451 amended (Further general provisions in respect of rules)
79 Section 452 replaced (Incorporation in rules of material by reference)
452 Incorporation by reference
80 Section 468 amended (Savings relating to Shipping and Seamen Act 1952)
81 New Schedules 8 and 9 inserted
Repeals and revocations
82 Amendments to Local Government Act 1974
83 Revocation of Maritime Transport (Certificates of Insurance) Regulations 2005
Transitional and savings provisions
84 Savings provisions relating to Local Government Act 1974
85 Conflicts between existing navigation bylaws and existing maritime rules
86 Marine Safety Charges Regulations 2000
Consequential amendments
87 Consequential amendments
Amendments to come into force by Order in Council
87A Section 222 amended (Interpretation)
87B Section 342 amended (Interpretation)
87C Section 354 replaced (Ships owned by CLC State)
354 Ships owned by Convention States
87D Section 361 amended (Time for bringing proceedings)
87E New section 363A inserted (Certain ships to have bunker oil certificates of insurance)
363A Certain ships to have bunker oil certificates of insurance
87F Section 366 amended (Rights of third parties against insurers of regulated oil tankers and regulated ships)
87G Section 367 amended (Offences)
87H Section 387 amended (Marine protection rules relating to marine protection documents)
87I Section 390 amended (Marine protection rules in relation to marine oil spills and other matters)
87J Consequential amendments
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Schedule 1New Schedules 8 and 9 inserted
Schedule 2Consequential amendments
Schedule 2AAmendments to rules to come into force by Order in Council
Legislative history
The Parliament of New Zealand enacts as follows: