Shipping (Charges) Regulations 2014

Reprint as at 1 July 2016

Coat of Arms of New Zealand

Shipping (Charges) Regulations 2014

(LI 2014/26)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 24th day of February 2014

Present:
His Excellency the Governor-General in Council

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) Regulations 2014.

2 Commencement

These regulations come into force on 1 April 2014.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Authority means Maritime New Zealand

Director means the Director of Maritime New Zealand

GMDSS means the global maritime distress and safety system

IPSCI means initial port state control inspection of a foreign vessel in accordance with the Memorandum of Understanding on Port State Control in the Asia Pacific Region

MOSS means the maritime operator safety system established under the Maritime Transport Act 1994 and Parts 19 and 44 of the Maritime Rules

MTOP means a maritime transport operator plan

off-site location means a place to which a contractor or an employee of the Authority is required to travel by land, sea, or air to carry out work or to provide a service

office-based services means work and services performed at an office of the Authority, or at a facility or an office from which a contractor or an employee of the Authority operates

SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocols relating to that Convention, and the annexes to that Convention and to the Protocols

STCW means the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended from time to time

STCW-F means the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995, as amended from time to time

work or service includes the assessment of applications and the issue of certificates, licences, permits, and endorsements.

(2)

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 and rules to which they relate, and are not intended to be used in the interpretation of those provisions or rules.

4 Charges payable for work and services subject to hourly rate
Office-based work and services

(1)

The charges payable for the office-based work and services listed in Schedule 1 are the sum of the number of hours (including part-hours) spent by each employee or contractor of the Authority performing the work or service, multiplied by the hourly office-based rate set out in the applicable column of that schedule.

Off-site work and services

(2)

Subclauses (3) and (4) apply if work is to be done, or services are to be provided, by 1 or more employees or contractors of the Authority at an off-site location.

(3)

The charges payable for the first visit to the off-site location in relation to the work or service are the sum of the number of hours (including part-hours) spent by each employee or contractor performing the work or service at that location and carrying out any office-based work or services that directly relate to the first visit, multiplied by the hourly first off-site visit rate set out in the applicable column of Schedule 1.

(4)

The charges payable for a subsequent visit to an off-site location to continue or complete work or service commenced on a first visit are—

(a)

the sum of the number of hours (including part-hours) spent by each employee or contractor performing the work or service multiplied by the hourly office-based rate for the work or service set out in the applicable column of Schedule 1; and

(b)

an amount calculated at the appropriate office-based hourly rate for every hour or part-hour spent travelling between the off-site location and the facility or office from which the contractor or employee operates; and

(c)

any actual and reasonable costs incurred by the employee or contractor associated with the visit, including accommodation, airfares, and meals.

(5)

For the purposes of subclause (4), work or service that is performed at an off-site location is not the continuation or completion of work or service performed on a first visit if that work or service—

(a)

is of a kind that must be repeated from time to time (for example, regular audits), and the subsequent visit is to repeat the work or service; or

(b)

is work or service of a different kind from that performed on the first visit.

5 Fixed charges for work and services

(1)

The charges set out in Schedule 2 are payable to the Authority for the matters stated in that schedule.

(2)

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

6 Fixed and variable charges payable

If a fee for the same work or service is prescribed in both Schedule 1 and Schedule 2, the charges payable are—

(a)

the initial fee prescribed in Schedule 2; and

(b)

if work or service is required beyond that covered by the initial fee, a charge calculated at the appropriate hourly rate prescribed in Schedule 1 for each hour or part-hour spent by an employee or a contractor performing that additional work or service.

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

If an employee or a contractor of the Authority, 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 for whom the work or service was being, or would have been, performed must pay to the Authority,—

(a)

in the case of a first visit to an off-site location, a rate calculated in accordance with regulation 4(3); or

(b)

in the case of any other work or service,—

(i)

a charge calculated at the appropriate hourly office-based rate for every hour or part-hour that the employee or contractor is engaged on the work or service; and

(ii)

a charge for the employee’s or contractor’s travelling time calculated in accordance with regulation 4(4)(b) (whether or not the work or service commenced or continued following that travel); and

(iii)

any actual and reasonable costs incurred by the employee or contractor associated with the visit, including accommodation, airfares, and meals.

8 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 are payable at the time at which the relevant application is made.

(3)

In this regulation, specialist means a person who performs 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 service to be satisfactorily completed.

9 Director may refund or waive charges

The Director may refund or waive 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:

(e)

the Director considers that the work done, or required to be done, is insufficient to justify the charge.

Regulation 9(e): inserted, on 1 July 2016, by regulation 4 of the Shipping (Charges) Amendment Regulations 2016 (LI 2016/104).

10 Charges inclusive of GST

The charges and rates of charges payable under these regulations are inclusive of goods and services tax.

11 Revocation

The Shipping (Charges) Regulations 2000 (SR 2000/269) are revoked.

Schedule 1 Charges payable for work and services subject to hourly rate

rr 4, 6

Schedule 1: replaced, on 1 July 2016, by regulation 5 of the Shipping (Charges) Amendment Regulations 2016 (LI 2016/104).

NameComponentHourly charge ($)
1/7/2016 to 30/6/20171/7/2017 to 30/6/20181/7/2018 to 30/6/20191/7/2019 onwards
Recognition of foreign vessels on charter or demise charterOffice-based201218235235
Off-site (first visit)268291313313
Vessel detentions and seizure of maritime productsOffice-based201218235235
Off-site (first visit)268291313313
Passenger ship safety certificateOffice-based201218235235
Off-site (first visit)268291313313
Cargo ship safety certificateOffice-based201218235235
Off-site (first visit)268291313313
Cargo ship safety radio certificateOffice-based201218235235
Off-site (first visit)268291313313
International load line exemption certificateOffice-based201218235235
Off-site (first visit)268291313313
Exemptions from maritime rulesOffice-based201218235235
Off-site (first visit)268291313313
Appointment of overseas surveyorsOffice-based201218235235
Off-site (first visit)268291313313
Approval/acceptance of safety equipmentOffice-based201218235235
Off-site (first visit)268291313313
Assessment of applications under Resource Management Act 1991 affecting navigationOffice-based201218235235
Off-site (first visit)268291313313
Other survey/vessel certificates (SOLAS and non-SOLAS) (excluding MOSS)Office-based201218235235
Off-site (first visit)268291313313
High-speed craft safety certificateOffice-based201218235235
Off-site (first visit)268291313313
Permit to operate high-speed craftOffice-based201218235235
Off-site (first visit)268291313313
Authorised person certificateOffice-based201218235235
Off-site (first visit)268291313313
Muster list approvalOffice-based201218235235
Off-site (first visit)268291313313
Approval of crew accommodation plansOffice-based201218235235
Off-site (first visit)268291313313
Approval/acceptance of maritime productsOffice-based201218235235
Off-site (first visit)268291313313
Light craft compliance certificateOffice-based201218235235
Off-site (first visit)268291313313
Safety case approvalOffice-based201218235235
Off-site (first visit)268291313313
Maritime safety audits and inspections (excluding MOSS and IPSCI)Office-based201218235235
Off-site (first visit)268291313313
Moderation of examinations by DirectorOffice-based201218235235
Off-site (first visit)268291313313
Recognition of non-New Zealand certification/qualification not otherwise provided forOffice-based201218235235
Off-site (first visit)268291313313
Application for approval to issue industry-specific certificatesOffice-based201218235235
Off-site (first visit)268291313313
Erection or alteration of navigational aidsOffice-based201218235235
Off-site (first visit)268291313313
Test for commercial jet boat driver licenceOffice-based201218235235
Off-site (first visit)268291313313
Specified limits permitOffice-based201218235235
Off-site (first visit)268291313313
Single voyage permitOffice-based201218235235
Off-site (first visit)268291313313
Approval of training courseOffice-based201218235235
Off-site (first visit)268291313313
Inspection of training providerOffice-based201218235235
Off-site (first visit)268291313313
Conduct of examinations and assessments by DirectorOffice-based201218235235
Off-site (first visit)268291313313
Maritime transport operator certificate (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Audit and inspection of maritime transport operation (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Audit and inspection of recognised surveyor (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Certificate of surveyor recognition (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Extension of scope of certificate of surveyor recognition (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Renewal of certificate of surveyor recognition (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Addition of category or activities in MTOP (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Removal of category or activities in MTOP (MOSS)Office-based231231231231
Off-site (first visit)303303303303
Marine environment protection charges
Exemptions from marine protection rulesOffice-based235235235235
Off-site (first visit)313313313313
Vessel detentions and seizure of marine protection productsOffice-based235235235235
Off-site (first visit)313313313313
Approval/acceptance of marine protection productOffice-based235235235235
Off-site (first visit)313313313313
Dump permitsOffice-based235235235235
Off-site (first visit)313313313313
Dispersant approvalOffice-based235235235235
Off-site (first visit)313313313313
Certificates of insuranceOffice-based235235235235
Off-site (first visit)313313313313
Shipboard marine oil spill contingency plansOffice-based235235235235
Off-site (first visit)313313313313
Oil transfer site marine oil spill contingency plansOffice-based235235235235
Off-site (first visit)313313313313
Discharge management planOffice-based235235235235
Off-site (first visit)313313313313
International oil pollution prevention certificate (IOPPC)Office-based235235235235
Off-site (first visit)313313313313
Marine environment protection audits and inspectionsOffice-based235235235235
Off-site (first visit)313313313313
Other work or servicesOffice-based201218235235
Off-site (first visit)268291313313

Schedule 2 Fixed charges for work and services

rr 5, 6

Schedule 2: replaced, on 1 July 2016, by regulation 5 of the Shipping (Charges) Amendment Regulations 2016 (LI 2016/104).

NameFee ($)
1/7/2016 to 30/6/20171/7/2017 to 30/6/20181/7/2018 to 30/6/20191/7/2019 onwards
National certificates of proficiency
Qualified deck crew774774774774
National certificates of competency
Skipper restricted limits995995995995
Skipper restricted limits endorsed less than 24m995995995995
Skipper coastal/offshore (with pre-assessment)541541541541
Skipper coastal/offshore (without pre-assessment)884884884884
Master yacht less than 24m (with pre-assessment)541541541541
Master yacht less than 24m (without pre-assessment)884884884884
Marine engineer class 6 (with pre-assessment)541541541541
Marine engineer class 6 (without pre-assessment)884884884884
Marine engineer class 5 (with pre-assessment)541541541541
Marine engineer class 5 (without pre-assessment)884884884884
Marine engineer class 5 steam (with pre-assessment)541541541541
Marine engineer class 5 steam (without pre-assessment)884884884884
Marine engineer class 5 motor and steam (with pre-assessment)541541541541
Marine engineer class 5 motor and steam (without pre-assessment)884884884884
Marine engineer class 4 (with pre-assessment)541541541541
Marine engineer class 4 (without pre-assessment)884884884884
National endorsements
Passenger endorsement486486486486
Cook Strait endorsement486486486486
Less than 24m endorsement486486486486
Less than 500 gross tonnage endorsement486486486486
500–3 000 gross tonnage endorsement486486486486
Square-rigged endorsement486486486486
High-speed vessel endorsement486486486486
Temporary seasonal endorsement486486486486
Steam endorsement486486486486
STCW certificates of proficiency
Deck watch rating (with pre-assessment)625625625625
Deck watch rating (without pre-assessment)995995995995
Engine room watch rating (with pre-assessment)625625625625
Engine room watch rating (without pre-assesment)995995995995
Able seafarer deck (with pre-assessment)625625625625
Able seafarer deck (without pre-assessment)995995995995
Able seafarer engine (with pre-assessment)541541541541
Able seafarer engine (without pre-assessment)884884884884
Electro-technical rating (with pre-assessment625625625625
Electro-technical rating (without pre-assessment)995995995995
Integrated rating (with pre-assessment)541541541541
Integrated rating (without pre-assessment)884884884884
STCW certificates of competency
Watchkeeper deck of ships less than 500 gross tonnage in near-coastal area (with pre-assessment)625625625625
Watchkeeper deck of ships less than 500 gross tonnage in near-coastal area (without pre-assessment)995995995995
Watchkeeper deck (STCW 95) (with pre-assessment)710710710710
Watchkeeper deck (STCW 95) (without pre-assessment)1,1051,1051,1051,105
Watchkeeper deck (with pre-assessment)710710710710
Watchkeeper deck (without pre-assessment)1,1051,1051,1051,105
Chief mate on ships less than 3 000 gross tonnage (with pre-assessment)467467467467
Chief mate on ships less than 3 000 gross tonnage (without pre-assessment)774774774774
Chief mate (with pre-assessment)625625625625
Chief mate (without pre-assessment)995995995995
Master on ships less than 500 gross tonnage in near-coastal area (limited to coastal area) (with pre-assessment)541541541541
Master on ships less than 500 gross tonnage in near-coastal area (limited to coastal area) (without pre-assessment)884884884884
Master on ships less than 500 gross tonnage in near-coastal area (with pre-assessment)541541541541
Master on ships less than 500 gross tonnage in near-coastal area (without pre-assessment)884884884884
Master on ships less than 500 gross tonnage (with pre-assessment)541541541541
Master on ships less than 500 gross tonnage (without pre-assessment)884884884884
Master on ships less than 3 000 gross tonnage (with pre-assessment)625625625625
Master on ships less than 3 000 gross tonnage (without pre-assessment)995995995995
Master (with pre-assessment)625625625625
Master (without pre-assessment)995995995995
Chief mate yacht (with pre-assessment)625625625625
Chief mate yacht (without pre-assessment)995995995995
Master yacht less than 500 gross tonnage (with pre-assessment)541541541541
Master yacht less than 500 gross tonnage (without pre-assessment)884884884884
Master yacht (with pre-assessment)541541541541
Master yacht (without pre-assessment)884884884884
Electro-technical officer (with pre-assessment)541541541541
Electro-technical officer (without pre-assessment)884884884884
Marine engineer class 3 (STCW 95) (with pre-assessment)710710710710
Marine engineer class 3 (STCW 95) (without pre-assessment)1,1051,1051,1051,105
Marine engineer class 3 (with pre-assessment)710710710710
Marine engineer class 3 (without pre-assessment)1,1051,1051,1051,105
Marine engineer class 2 on ships less than 3 000 KW (with pre-assessment)510510510510
Marine engineer class 2 on ships less than 3 000 KW (without pre-assessment)884884884884
Marine engineer class 2 (with pre-assessment)625625625625
Marine engineer class 2 (without pre-assessment)995995995995
Marine engineer class 2 endorsed chief engineer (with pre-assessment)541541541541
Marine engineer class 2 endorsed chief engineer (without pre-assessment)884884884884
Marine engineer class 1 (with pre-assessment)625625625625
Marine engineer class 1 (without pre-assessment)995995995995
GMDSS radio operator663663663663
Radio officer663663663663
STCW-F certificates of proficiency
Advanced deckhand–fishing (with pre-assessment)625625625625
Advanced deckhand–fishing (without pre-assessment)884884884884
STCW-F certificates of competency
Mate fishing vessel–limited (with pre-assessment)625625625625
Mate fishing vessel–limited (without pre-assessment)995995995995
Mate fishing vessel–unlimited (with pre-assessment)625625625625
Mate fishing vessel–unlimited (without pre-assessment)995995995995
Skipper fishing vessel–limited (with pre-assessment)467467467467
Skipper fishing vessel–limited (without pre-assessment)774774774774
Skipper fishing vessel–unlimited (with pre-assessment)467467467467
Skipper fishing vessel–unlimited (without pre-assessment)774774774774
STCW endorsement
Basic tanker endorsement486486486486
Advanced tanker endorsement486486486486
Other certificates
Compass adjuster (with pre-assessment)541541541541
Compass adjuster (without pre-assessment)884884884884
Commercial jet boat driver licence354354354354
Pilot licence663663663663
Pilotage exemption certificate663663663663
International tonnage certificate201218235235
International load line certificate201218235235
New Zealand load line certificate201218235235
New Zealand load line exemption certificate201218235235
Harbour navigational aid consent201218235235
New Zealand barge safety certificate201218235235
Minimum safe crewing document402436470470
New Zealand ship safety certificate and record of equipment201218235235
Diving compliance certificate402436470470
Fishing compliance certificate402436470470
Commercial jet boat operator certificate402436470470
Commercial rafting compliance certificate402436470470
Approval as medical practitioner or assessor or examiner663663663663
Maritime transport operator certificate (initial fee) (MOSS)728728728781
Certificate of surveyor recognition (initial fee) (MOSS)865865865929
Renewal of certificate of surveyor recognition (initial fee) (MOSS)634634634681
Other applications
National certificate of competency or certificate of proficiency renewal486486486486
National certificate of competency or certificate of proficiency transition372372372372
National endorsement renewal486486486486
STCW certificate of competency or certificate of proficiency renewal774774774774
GMDSS renewal486486486486
STCW certificate of competency or certificate of proficiency transition592592592592
STCW endorsement renewal486486486486
STCW-F certificate of competency or certificate of proficiency renewal486486486486
Replacement certificates and licences486486486486
Foreign certificate recognition (under MOU) (with pre-assessment)467467467467
Foreign certificate recognition (under MOU) (without pre-assessment)774774774774
Foreign certificate recognition (outside MOU) (with pre-assessment)625625625625
Foreign certificate recognition (outside MOU) (without pre-assessment)995995995995
Pre-assessment services charge (if not otherwise specified)398398398398
Recognition (if not otherwise specified)818818818818
Marine engineer class 3 foreign qualification sea service acceptance111111111111
Non-SOLAS ship international voyage402436470470
Continuous synopsis record402436470470
Change of full name of maritime transport operator (MOSS)252252252270
Charge per person for a change in person exercising privileges and responsibilities under MTOP (MOSS)422422422453
Addition of primary port or harbour from which operation is conducted under MTOP (MOSS)342342342367
Removal of primary port or harbour from which operation is conducted under MTOP (MOSS)116116116124
Addition of category or activities in MTOP (initial fee) (MOSS)346346346371
Removal of category or activities in MTOP (initial fee) (MOSS)173173173186
Extension of scope of certificate of surveyor recognition (initial fee) (MOSS)865865865929

Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 February 2014.

Reprints notes
1 General

This is a reprint of the Shipping (Charges) Regulations 2014 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

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Shipping (Charges) Amendment Regulations 2016 (LI 2016/104)