Maritime Security (Charges) Amendment Regulations 2019

2019/110

Coat of Arms of New Zealand

Maritime Security (Charges) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 27th day of May 2019

Present:
Her 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) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 1 July 2019.

3 Principal regulations

These regulations amend the Maritime Security (Charges) Regulations 2016 (the principal regulations).

4 Regulation 3 amended (Interpretation)

(1)

In regulation 3(1), revoke the definitions of off-site location and office-based.

(2)

In regulation 3(1), insert the following definition in its appropriate alphabetical order:

offshore installation has the same meaning as in section 222(1) of the Maritime Transport Act 1994.

(3)

In regulation 3(1), replace the definition of work or services with:

work or service means any security function or security activity performed by the Authority or by an employee or a contractor of the Authority, including the following:

(a)

approvals under the Act or regulations made under the Act:

(b)

audits:

(c)

inspections:

(d)

security assessments:

(e)

security plan testing:

(f)

ship detentions.

5 Regulations 5 and 6 replaced

Replace regulations 5 and 6 with:

5 Charges payable for work or services

(1)

A person for whom the Authority has performed work or a service must pay to the Authority a charge calculated in accordance with the following formula:

a x $245 = $b

where—

a

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

$b

is the charge payable.

(2)

In addition, charges are payable in the amount of any actual and reasonable costs (including costs of accommodation, airfares, and meals) incurred by the employee or contractor in performing work or services—

(a)

on an offshore installation; or

(b)

outside New Zealand.

6 Regulation 7 amended (Charges if work or services not completed or begun)

(2)

In regulation 7, replace “pay to the Authority,— ”, with “pay to the Authority charges calculated in accordance with regulation 5”.

7 Schedule 2 revoked

Revoke Schedule 2.

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 2019, amend the Maritime Security (Charges) Regulations 2016 (the principal regulations) by simplifying the way in which charges for security functions or security activities are calculated. As amended, the principal regulations will charge a flat hourly rate regardless of the work or service performed. Additional charges will be payable to reimburse costs incurred in the performance of work and services on an offshore installation.

Regulatory impact assessment

Maritime New Zealand produced a regulatory impact assessment on 27 February 2019 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 May 2019.

These regulations are administered by the Ministry of Transport.