Shipping (Charges) Amendment Regulations 2013

  • revoked
  • Shipping (Charges) Amendment Regulations 2013: revoked, on 1 April 2014, pursuant to regulation 11 of the Shipping (Charges) Regulations 2014 (LI 2014/26).

Reprint
as at 1 April 2014

Coat of Arms of New Zealand

Shipping (Charges) Amendment Regulations 2013

(SR 2013/155)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council

  • Shipping (Charges) Amendment Regulations 2013: revoked, on 1 April 2014, pursuant to regulation 11 of the Shipping (Charges) Regulations 2014 (LI 2014/26).


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.

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) Amendment Regulations 2013.

2 Commencement
  • These regulations come into force on 1 July 2013.

3 Principal regulations
4 Regulation 4 replaced (Appropriate hourly rate of employees)
  • Replace regulation 4 with:

    4 Appropriate hourly rates of employees or contractors
    • (1) For the purposes of regulations 5(1) and 7 and Schedule 1, the hourly rates are as provided for in subclauses (2) and (3).

      (2) For any of the environment protection services specified in Schedule 1, the hourly rate is $235.

      (3) For any of the other services specified in Schedule 1, the hourly rates are as follows:

      • (a) for the period beginning on 1 July 2013 and ending on 30 June 2014, $144:

      • (b) for the period beginning on 1 July 2014 and ending on 30 June 2015, $166:

      • (c) for the period beginning on 1 July 2015 and ending on 30 June 2016, $184:

      • (d) for the period beginning on 1 July 2016 and ending on 30 June 2017, $201:

      • (e) for the period beginning on 1 July 2017 and ending on 30 June 2018, $218:

      • (f) for the period beginning on 1 July 2018, $235.00.

      (4) The descriptions given in the first column of Schedules 1 and 2 are intended only to be an indication of the content of the provisions or rules they describe, and are not intended to be used in the interpretation of the provisions or rules.

5 Regulation 5 amended (Charges)
  • (1) In regulation 5(1),—

    • (a) after employee, insert or contractor; and

    • (b) replace that employee’s appropriate hourly rate set out in regulation 4 with the hourly rate set out in regulation 4(2) or (3), as the case may be.

    (2) Replace regulation 5(3) with:

    • (3) If, in relation to the charges calculated in accordance with subclause (1), an employee or a contractor 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, in addition to those charges, pay the following:

      • (a) if the travel is in relation to the first visit to that place in relation to the service to be provided, travelling costs calculated by multiplying the number of hours or parts of an hour spent travelling between the nearest office of the Authority at which the employee or contractor is based and that place by one and one-third of the appropriate hourly rate:

      • (b) if the travel is in relation to a subsequent visit to that place in relation to the same service,—

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

        • (ii) 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 New regulation 5A inserted (Charges for maritime operation activities, certificates, and permits)
  • After regulation 5, insert:

    5A Charges for maritime operation activities, certificates, and permits
    • (1) The charges set out in Schedule 1A are payable to the Authority for the matters stated in that schedule, being matters concerning maritime operation activities, certificates, and permits.

      (2) The charges referred to in this regulation are payable—

      • (a) at the rate specified in the second to seventh columns of Schedule 1A, based on the year during which the relevant application is made; and

      • (b) at the time at which the application is made.

      (3) For the purposes of this regulation, year means the 12-month period beginning on 1 July in any year.

7 Regulation 6 amended (Charges for seafarer certificates, licences, permits, and endorsements)
  • After regulation 6(2), insert:

    • (3) The charges referred to in this regulation are payable at the time at which the relevant application is made.

8 Regulation 7 amended (Charges if work or service not able to be completed or commenced)
  • (1) In regulation 7, after an employee, insert or a contractor.

    (2) In regulation 7(a) and (c), after the employee, insert or contractor.

    (3) Replace regulation 7(b) with:

    • (b) a charge for the employee's or contractor's travelling time calculated in accordance with regulation 5(3) (whether or not the service commenced or continued following that travel); and.

9 New regulation 7A inserted (Charges relating to costs and expenses incurred by Director in relation to specialist services)
  • After regulation 7, insert:

    7A Charges relating to costs and expenses incurred by Director in relation to specialist services
    • (1) If, in relation to any of the work or services referred to in these regulations, the Director engages the services of a specialist, the person liable to pay the charges for the work or service must pay charges to meet the costs and expenses incurred by the Director in engaging that specialist.

      (2) The charges referred to in this regulation are payable at the time at which the relevant application is made.

      (3) In this regulation, specialist means a person who provides work or services that are—

      • (a) beyond the areas of expertise possessed by the employees or contractors referred to in these regulations; and

      • (b) essential to enable the relevant work or services to be satisfactorily completed.

10 Regulation 8 replaced (Director may refund or waive charges)
  • Replace regulation 8 with:

    8 Director may refund or waive charges
    • The Director may authorise the refund or waiver of any charge, in whole or in part, if—

      • (a) the ship for which the charge is payable—

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

        • (ii) is operated principally for search and rescue purposes:

      • (b) the charge is payable in respect of an application for an exemption from a maritime rule or a marine protection rule and, in the Director's view, charging for the application would be unreasonable:

      • (c) previous decisions on an application of the same kind mean that the amount of work and the costs involved in deciding the application are reduced:

      • (d) the applicant withdraws the application before work on deciding the application has commenced, or when the work is at an early stage.

11 Schedule 1 replaced
  • Replace Schedule 1 with the Schedules 1 and 1A set out in the Schedule of these regulations.

12 Schedule 2 amended
  • In Schedule 2, after the item relating to compass adjuster, insert:

     Commercial jet boat driver licence Part 82 MR 271.00

Schedule
Schedule 1 replaced and new Schedule 1A inserted

r 11

Schedule 1
Certificates and permits subject to hourly charge

r 5

Maritime operations

 

Reference to legislation

Port and flag

Recognition of overseas crew certificates (fishing)

 

s 41 MTA

Recognition of foreign vessels on charter or demise charter

 

s 41 MTA

Vessel detentions

 

s 55 MTA

Second and subsequent inspections of New Zealand vessels

 

s 54 MTA

Second and subsequent inspections of foreign vessels

 

s 54 MTA

Initial flag state inspections

 

s 54 MTA

Certificates

Passenger ship safety certificate

 

Part 46 MR and s 41 MTA

Cargo ship safety certificate

 

Part 46 MR and s 41 MTA

Cargo ship safety radio certificate

 

Part 46 MR and s 41 MTA

International load line exemption certificate

 

Part 47 MR and s 41 MTA

Exemptions from rules

 

s 47 MTA and s 395 MTA

Appointment of overseas surveyors

 

Part 46 MR and s 41 MTA

Approval/acceptance of safety equipment

 

Parts 42A, 42B MR and s 41 MTA

Assessment of applications under Resource Management Act 1991 affecting navigation

 

s 89A RMA

Other survey/vessel certificates (SOLAS and non-SOLAS)

 

s 41 MTA

Recognition of surveyors

 

Part 46 MR and s 41 MTA

High-speed craft safety certificate

 

Part 40F MR

Permit to operate high-speed craft

 

Part 40F MR

Authorised person certificate

 

s 41 MTA

Muster list approval

 

Part 23 MR

Approval of crew accommodation plans

 

Part 51.5 MR

Approval/acceptance of products

 

ss 41 MTA and 270 MTA

Wing in ground craft safety certificate

 

Part 40G MR and s 41 MTA

Light craft compliance certificate

 

Part 40F MR and s 41 MTA

Safety case approval

 

Part 40G MR and s 41 MTA

Environment protection

Dump permits

 

Part 180 MPR and s 270 MTA

Dispersant approval

 

Part 132 MPR

Certificates of insurance

 

Part 102 MPR and s 270 MTA

Shipboard marine oil spill contingency plans

 

Part 130A MPR

Offshore installation oil spill plan

 

Part 200 MPR

Oil transfer site marine oil spill contingency plans

 

Part 130B MPR and s 270 MTA

Discharge management plan

 

Part 200 MPR and s 270 MTA

International oil pollution prevention certificate (IOPPC)

 

Part 200 MPR and s 270 MTA

Marine environment protection audits and inspections

 

s 396 MTA

Audits

Marine environment protection inspections and audits

 

s 396 MTA

Audits and inspections of maritime activity

 

s 54 MTA

Seafarer services

Moderation of exams

 

s 48 MTA

Maritime training institution audits

 

s 54 MTA

Recognition of non-New Zealand certificates

 

s 41 MTA

Training framework, course, and training programme approval

 

Part 35 MR

Other activities

Vessel security assessments

 

ss 431 and 445 MTA

Port security assessments

 

ss 431 and 445 MTA

Seizure of products

 

ss 55 and 397 MTA

Erection or alteration of navigational aids

 

s 200 MTA

Audit and inspections of maritime activity

 

s 54 MTA

Test for jet boat driver licence

 

Part 82 MR

Schedule 1A
Fixed fees for documents

r 5A

Maritime operations

 

Fees ($) (including GST) for applicable year

  

2013/

2014

 

2014/

2015

 

2015/

2016

 

2016/

2017

 

2017/

2018

 

2018

Crewing exemption

 

144

 

166

 

184

 

201

 

218

 

235

International tonnage certificate

 

144

 

166

 

184

 

201

 

218

 

235

International load line certificate

 

144

 

166

 

184

 

201

 

218

 

235

New Zealand load line certificate

 

144

 

166

 

184

 

201

 

218

 

235

New Zealand load line exemption certificate

 

144

 

166

 

184

 

201

 

218

 

235

Harbour navigational-aid consent

 

144

 

166

 

184

 

201

 

218

 

235

New Zealand barge safety certificate

 

144

 

166

 

184

 

201

 

218

 

235

Safe crewing document

 

288

 

332

 

368

 

402

 

436

 

470

New Zealand ship safety certificate and record of equipment

 

144

 

166

 

184

 

201

 

218

 

235

Non-SOLAS ship international voyage

 

288

 

332

 

368

 

402

 

436

 

470

Continuous synopsis record

 

288

 

332

 

368

 

402

 

436

 

470

Diving compliance certificate

 

288

 

332

 

368

 

402

 

436

 

470

Fishing compliance certificate

 

288

 

332

 

368

 

402

 

436

 

470

Jet boat compliance certificate

 

288

 

332

 

368

 

402

 

436

 

470

Commercial rafting compliance certificate

 

288

 

332

 

368

 

402

 

436

 

470

Approval of medical practitioners, optometrists and examiners

 

432

 

498

 

552

 

603

 

654

 

705

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2013, amend the Shipping (Charges) Regulations 2000 to update and extend the charges payable in respect of the matters dealt with in those regulations.

In particular,—

  • amendments have been made to regulation 5 (in relation to travelling costs):

  • new regulation 5A and new Schedule 1A deal with charges for maritime operation activities, certificates, and permits in relation to each year from 2013/2014 to 2018, and provide that the charges are payable at the time of application, rather than on the completion of the transaction (as is the current situation):

  • new regulation 7A requires the person liable to pay charges to meet the costs and expenses of any specialist services engaged by the Director (specialist is defined in new regulation 7A(3)):

  • new regulation 8 sets out the circumstances in which the Director may refund or waive charges.


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

Date of notification in Gazette: 23 May 2013.


Reprints notes
1 General
  • This is a reprint of the Shipping (Charges) Amendment Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint