Shipping (Charges) Regulations 2000

Reprint
as at 1 November 2008

Crest

Shipping (Charges) Regulations 2000

(SR 2000/269)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 11th day of December 2000

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Transport.

Pursuant to section 445(1) of the Maritime Transport Act 1994, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Shipping (Charges) Regulations 2000.

2 Commencement

  • These regulations come into force on 1 February 2001.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    Act or MTA means the Maritime Transport Act 1994

    Authority means Maritime New Zealand

    Director means the Director of Maritime New Zealand

    employee means a person who is employed by the Authority

    MPR means the Marine Protection Rules

    MR means the Maritime Rules

    Regulation 3 Authority: substituted, on 1 July 2005, by section 11(4) of the Maritime Transport Amendment Act 2004 (2004 No 98).

    Regulation 3 Director: amended, on 1 July 2005, by section 11(4) of the Maritime Transport Amendment Act 2004 (2004 No 98).

4 Appropriate hourly rate of employees

  • For the purposes of regulations 5(1), 7, and Schedule 1 the appropriate hourly rates are as follows:

    • (a) $62.00 per hour for an employee employed by the Authority in an administrative position:

    • (b) $101.00 per hour for an employee employed by the Authority in a technical position:

    • (c) $141.00 per hour for an employee employed by the Authority in a scientific or management position.

5 Charges

  • (1) The charges payable for the services stated in Schedule 1 are the sum of the number of hours (including part hours) spent by each employee of the Authority in providing the service multiplied by that employee’s appropriate hourly rate set out in regulation 4.

    (2) The charges payable in accordance with subclause (1) are not subject to rounding off.

    (3) In addition to the charges calculated in accordance with subclause (1), if an employee is required to travel by land, sea, or air to the place where the work is to be carried out or the service is to be provided, the person liable to pay those charges must pay the following:

    • (a) the actual and reasonable costs incurred in travelling from the nearest office of the Authority at which the appropriate employee is based to that place; and

    • (b) an amount calculated at the appropriate hourly rate for every hour or part of an hour spent travelling between that place and that office for the purpose of carrying out the work or providing the service.

6 Charges for seafarer certificates, permits, and endorsements

  • (1) The charges set out in Schedule 2 are payable to the Authority for the matters stated in that schedule, being matters concerning the issue of certificates, permits, and endorsements.

    (1A) The charges set out in—

    • (a) the third column of Schedule 2 are payable for the 8 months starting on 1 November 2008:

    • (b) the fourth column of Schedule 2 are payable for the year starting on 1 July 2009 and subsequent years.

    (2) If a charge for the recognition of a particular non-New Zealand certificate is not specified in Schedule 2, the charge for the recognition of that certificate is the same as the charge for the equivalent New Zealand certificate.

    Regulation 6(1A): inserted, on 1 November 2008, by regulation 4 of the Shipping (Charges) Amendment Regulations 2008 (SR 2008/320).

    Regulation 6(2): added, on 8 August 2004, by regulation 3 of the Shipping (Charges) Amendment Regulations 2004 (SR 2004/209).

7 Charges if work or service not able to be completed or commenced

  • If an employee acting in good faith is for any reason not able to commence or complete any work or service to which these regulations relate, and incurs expenses for that work or service, the person who requested the work or service must pay to the Authority—

    • (a) a charge calculated at the appropriate hourly rate for every hour or part of an hour that the employee is engaged on the work or service; and

    • (b) a charge for travelling time calculated at the appropriate hourly rate for every hour or part of an hour spent by the employee in travelling from the employee’s office to the place where the work or service commenced or was to be commenced; and

    • (c) actual and reasonable accommodation and other expenses incurred by the employee.

8 Director may refund or waive charges

  • The Director may authorise the refund or waiver of any charge, in whole or in part, if the ship for which the charge is payable—

    • (a) is operated principally for training purposes on a national basis by an incorporated society or a charitable trust; or

    • (b) is operated principally for search and rescue purposes.

9 Charges inclusive of goods and service tax

  • The charges and rates of charges prescribed by these regulations are inclusive of goods and services tax.

10 Revocation

  • The Shipping (Fees) Regulations 1990 (SR 1990/320) are revoked.

Schedule 1
Certificates and permits issued by Maritime New Zealand

r 5(1)

  • Schedule 1 heading: amended, on 1 July 2005, by section 11(4) of the Maritime Transport Amendment Act 2004 (2004 No 98).

Maritime operations Reference to legislation
Port and flag  
Crewing exemptions s 47 MTA
Recognition of overseas crew certificates (fishing) s 41 MTA
Recognition of foreign vessels on demise charter s 41 MTA
Vessel detentions s 55 MTA
Second and subsequent inspections of New Zealand vessels s 45 MTA
Second and subsequent inspections of foreign vessels s 45 MTA
Certificates
Safe crewing document s 41 MTA
International tonnage certificate Part 48 MR
Passenger ship safety certificate Part 46 MR
Cargo ship safety certificate Part 46 MR
Cargo ship safety radio certificate Part 46 MR
International load line certificate Part 47 MR
New Zealand load line certificate Part 47 MR
International load line exemption certificate Part 47 MR
New Zealand load line exemption certificate Part 47 MR
Exemptions s 47 MTA
Appointment of overseas surveyors Part 46 MR
Harbour navigational-aid consents s 200 MTA
Approval/acceptance of safety equipment Part 42A, 42B MR
Harbour RMA approvals s 395 RMA
New Zealand ship safety certificate Part 46 MR
New Zealand barge safety certificate Part 46 MR
Other survey/vessel certificates (SOLAS and non-SOLAS) s 41 MTA
Recognition of surveyor Part 46 MR
Environment protection
Dump permits Part 180 MPR
Dispersant approval Part 132 MPR
Certificates of insurance Part 102 MPR
Shipboard oil spill environment plans Part 130A MPR
Offshore installation oil spill plan Part 124 MPR
Oil transfer site marine oil spill contingency plans Part 130B MPR
Discharge management plan Part 200 MPR
International oil pollution prevention certificate (IOPPC) Part 200 MPR
Audits
Liferaft station audits s 54 MTA
Safety audits s 54 MTA
Marine environment protection inspections and audits s 396 MTA
Other audits if required (cargo containers) Part 24B MR
Seafarer services
Moderation of exams s 48 MTA
Institution audits s 54 MTA
Training course and training programme approval Part 35 MR

  • Schedule 1: amended, on 14 December 2006, by regulation 4 of the Shipping (Charges) Amendment Regulations 2006 (SR 2006/343).

  • Schedule 1: amended, on 8 August 2004, by regulation 4 of the Shipping (Charges) Amendment Regulations 2004 (SR 2004/209).

Schedule 2
Seafarer licensing pricing

r 6

  • Schedule 2: substituted, on 1 November 2008, by regulation 5 of the Shipping (Charges) Amendment Regulations 2008 (SR 2008/320).

Certificates issued Reference to legislation 2008/09 charge (incl GST)
($)		 Charge (incl GST) for 2009/10 and subsequent years
($)
Certified deckhand Part 32 MR 192 231
Advanced deckhand Part 32 MR 340 407
Advanced deckhand fishing endorsement Part 32 MR 340 407
Deck watch rating certificate Part 32 MR 192 231
AB certificate Part 32 MR 192 231
Engine room watch rating certificate Part 32 MR 192 231
Local launch operator (LLO) Part 32 MR 340 407
Revalidation of local launch operator Part 32 MR 192 231
Local launch operator endorsements Part 32 MR 192 231
Inshore launchmaster (ILM) Part 32 MR 340 407
New Zealand offshore watchkeeper (NZOW) Part 32 MR 444 533
New Zealand offshore master Part 32 MR 594 713
New Zealand offshore master holding NZOW Part 32 MR 192 231
STCW95 (for offshore master) Part 32 MR 254 305
STCWF endorsement (for offshore master) Part 32 MR 254 305
Mate of deep sea fishing vessel Part 32 MR 594 713
Master of deep sea fishing vessel Part 32 MR 594 713
Officer in charge of navigational watch of foreign-going ship  Part 32 MR 594 713
Chief mate of foreign-going ship  Part 32 MR 848 1,018
Master of foreign-going ship less than 3000 gross tonnage Part 32 MR 600 720
Master of foreign-going ship (master mariner) Part 32 MR 600 720
Marine engineer class 6 Part 32 MR 426 512
Marine engineer class 5 Part 32 MR 426 512
Marine engineer class 4 Part 32 MR 426 512
Marine engineer class 3 Part 32 MR 426 512
Marine engineer class 2F Part 32 MR 884 1,061
Marine engineer class 2 Part 32 MR 848 1,018
Marine engineer class 2 endorsed chief engineer Part 32 MR 254 305
Marine engineer class 1 Part 32 MR 426 512
GMDSS radio operator Part 32 MR 192 231
Tanker endorsements (class 1 and 2) Part 32 MR 192 231
Ro-ro passenger ship endorsement Part 31 MR 192 231
Sailing vessel endorsement Part 32 MR 192 231
High speed vessel endorsement Part 32 MR 192 231
Revalidation of certificate of competency Parts 31A and 31C MR 192 231
Compass adjuster Part 45 MR 254 305
Replacement certificates and licences (when lost)   192 231
Second or subsequent examination attempt Part 32 MR 136 163
New Zealand chief mate (yacht) Part 32 MR 594 713
New Zealand master (yacht less than 500 gross tonnage) Part 32 MR 594 713
New Zealand master (yacht) Part 32 MR 594 713
Pilot’s licence Part 90 MR 192 231
Master’s pilotage exemption Part 90 MR 192 231
Recognition of non-New Zealand certificate as equivalent to master of foreign-going ship s 41 MTA 889 1,067
Recognition of non-New Zealand certificate as equivalent to first or second mate of foreign-going ship s 41 MTA 889 1,067
Recognition of non-New Zealand certificate as equivalent to marine engineer class 1 s 41 MTA 889 1,067
Recognition of non-New Zealand certificate as equivalent to marine engineer class 2 s 41 MTA 889 1,067
Recognition of non-New Zealand certificate as equivalent to marine engineer class 3 s 41 MTA 889 1,067

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 14 December 2000.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Shipping (Charges) Regulations 2000. The reprint incorporates all the amendments to the regulations as at 1 November 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)