Maritime Security (Charges) Regulations 2016

2016/105

Coat of Arms of New Zealand

Maritime Security (Charges) Regulations 2016

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 30th day of May 2016

Present:
His Excellency the Governor-General in Council

These regulations are made under section 76 of the Maritime Security Act 2004—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Transport.

Regulations

1 Title

These regulations are the Maritime Security (Charges) Regulations 2016.

2 Commencement

These regulations come into force on 1 July 2016.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Authority means Maritime New Zealand

Director means the Director of Maritime New Zealand

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 perform work or services

office-based, in relation to work or services, means work or services performed at—

(a)

an office of the Authority; or

(b)

a facility or an office from which a contractor or an employee of the Authority operates

work or services means security functions or security activities that the Authority, or a contractor or an employee of the Authority, has performed.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

5 Charges payable for office-based work or services

The charges payable to the Authority for office-based work or services listed in Schedule 2 must be calculated in accordance with the following formula:

a × b = c

where—

a

is sum of the number of hours (including part-hours) spent by each employee or contractor of the Authority performing the work or services

b

is the hourly office-based rate for the work or services set out in Schedule 2

c

is the amount payable.

6 Charges payable for off-site work or services

(1)

This regulation applies if any work or services are to be provided by 1 or more employees or contractors of the Authority at an off-site location.

(2)

If this regulation applies, the charges payable to the Authority for the first visit to the off-site location in relation to the work or services must be calculated in accordance with the following formula:

a × b = c

where—

a

is the sum of the number of hours (including part-hours) spent by each employee or contractor performing the work or services at that location and carrying out any office-based work or services that directly relate to the first visit

b

is the hourly first off-site visit rate for the work or services set out in Schedule 2

c

is the amount payable.

(3)

If this regulation applies, the charges payable to the Authority for a later visit to an off-site location to continue or complete work or services begun on a first visit must be calculated in accordance with the following formula:

(a × b) + (c × b) + d = e

where—

a

is the sum of the number of hours (including part-hours) spent by each employee or contractor performing the work or services

b

is the hourly office-based rate for the work or services set out in Schedule 2

c

is the sum of the number of hours (including part-hours) spent travelling between the off-site location and the facility or office from which the contractor or employee operates

d

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

e

is the amount payable.

(4)

For the purposes of this regulation, work or services performed at an off-site location are not the continuation or completion of any work or services performed on a first visit if the work or services are—

(a)

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

(b)

of a different kind from that performed on the first visit.

7 Charges if work or services not completed or begun

If an employee or a contractor of the Authority, acting in good faith, is for any reason not able to complete or begin any work or services to which these regulations relate, and incurs expenses for the work or services, the person for whom the work or services were being, or would have been, performed must pay to the Authority,—

(a)

for a first visit to an off-site location, charges calculated in accordance with regulation 6(2):

(b)

for any other work or services, charges calculated in accordance with regulation 6(3).

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 services must pay charges to meet the costs and expenses incurred by the Director in engaging the 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 services to be satisfactorily completed.

9 GST included

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

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Schedule 2 Charges payable for work or services subject to hourly rate

rr 5, 6

NameComponentHourly charge ($) 1/7/2016 onwards
Approvals under the Act or regulations made under the ActOffice-based235
Off-site (first visit)313
AuditsOffice-based235
Off-site (first visit)313
InspectionsOffice-based235
Off-site (first visit)313
Security assessmentsOffice-based235
Off-site (first visit)313
Security plan testingOffice-based235
Off-site (first visit)313
Ship detentionsOffice-based235
Off-site (first visit)313

Michael Webster,
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 2016, set out the charges payable for certain work and services that employees and contractors of the Authority carry out under the Maritime Security Act 2004.

Regulatory impact statement

The Ministry of Transport produced a regulatory impact statement on 10 March 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 June 2016.

These regulations are administered by the Ministry of Transport.