Shipping and Seamen Amendment Act 1963
Shipping and Seamen Amendment Act 1963
Shipping and Seamen Amendment Act 1963
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Shipping and Seamen Amendment Act 1963
Public Act |
1963 No 129 |
|
Date of assent |
25 October 1963 |
|
Contents
An Act to amend the Shipping and Seamen Act 1952
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Shipping and Seamen Amendment Act 1963, and shall be read together with and deemed part of the Shipping and Seamen Act 1952 (hereinafter referred to as the principal Act).
2 Harbour Board flags incorporating the New Zealand Ensign
(1)
Section 5 of the principal Act is hereby amended by inserting in subsection (3), after the words “New Zealand ensign”
, the words “or in or subject to which New Zealand ships, being ships of which a specified Harbour Board is the owner, are or may be authorised to wear a flag incorporating the New Zealand Ensign”
.
(2)
Section 5 of the principal Act is hereby further amended by inserting, after subsection (3), the following subsection:
“(3a)
Where by or pursuant to regulations made under this section any ship is authorised to wear a flag incorporating the New Zealand ensign, that flag shall be deemed to be the proper national colours to be worn by that ship.”
(3)
Section 5 of the principal Act is hereby further amended by adding the following subsection:
“(5)
Where any flag incorporating the New Zealand Ensign is worn by any ship, not being a New Zealand Government ship or a ship for the time being allowed to wear such a flag by or pursuant to regulations made under this section or in pursuance of a warrant of Her Majesty, the master and the owner shall each be deemed to have committed an offence against this Act.”
3 Ship Inspectors
The principal Act is hereby further amended by inserting, after section 13, the following section:
“13a
(1)
There may from time to time be appointed under the provisions of the State Services Act 1962 suitable persons to be Ship Inspectors for the purposes of this Act.
“(2)
The functions of a Ship Inspector shall be to report to the Secretary whether—
“(a)
In the case of any ship authorised to carry passengers, there are on board thereof or on or in any part thereof any number of passengers which, having regard to the time, occasion, and circumstances of the case, is greater than the number authorised to be carried:
“(b)
In the case of any ship not authorised to carry passengers, any passenger is on board thereof:
“(c)
In the case of any ship not authorised to carry passengers for hire or reward, any passenger is carried on that ship for hire or reward.
“(3)
Every Ship Inspector may, in the execution of his duties, and without unnecessarily detaining the ship or delaying the ship from proceeding on any voyage or excursion,—
“(a)
Go on board any ship:
“(b)
Inspect the certificate of survey of any ship and any permit, licence, or other document issued in respect of that ship under this Act and the certificate of competency of any officer of that ship:
“(c)
Ascertain whether or not any passengers are carried on any ship and the number carried:
“(d)
Ascertain, in the case of any ship that is not authorised to carry passengers for hire or reward, whether any passengers are carried thereon for hire or reward.
“(4)
Every owner, master, and member of the crew of any ship shall, when required to do so, give any information and assistance within his power to any Ship Inspector exercising the powers conferred on him by this section.
“(5)
Every owner, master, or member of the crew of any ship commits an offence against this Act who—
“(a)
Hinders any Ship Inspector from going on board the ship or otherwise impedes him in the exercise of the powers conferred on him by this section; or
“(b)
When required to do so by any Ship Inspector, fails without reasonable cause to produce any certificate of survey, permit, licence, or other document relating to the ship; or
“(c)
Fails to comply with the provisions of subsection (4) of this section; or
“(d)
Knowingly misleads or deceives any Ship Inspector in any material particular.
“(6)
Every officer of any ship commits an offence against this Act who fails without reasonable cause to produce his certificate of competency when required to do so by any Ship Inspector.
“(7)
This section applies to all ships (whether New Zealand ships or not), not being foreign-going ships, while at a port in New Zealand or elsewhere within the territorial waters of New Zealand or in any river, lake, or other inland water.”
4 Manning of fishing boats
(1)
Section 17 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Every New Zealand fishing boat and every fishing boat engaged in the home trade (whether or not she is a Commonwealth ship), when plying or proceeding to sea from any port in New Zealand or on any voyage or excursion on any river, lake, harbour, or other inland or coastal water of New Zealand, shall be provided with such duly certificated master and other duly certificated officers as the Minister, after consultation with organisations which appear to him to be representative of owners and officers concerned, prescribes from time to time by notice in the Gazette.”
(2)
Section 55 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Every New Zealand fishing boat and every fishing boat engaged in the home trade (whether or not she is a Commonwealth ship) shall carry such numbers and categories of seamen as the Minister, after consultation with organisations which appear to him to be representative of owners and seamen concerned, prescribes from time to time by notice in the Gazette.”
(3)
The principal Act is hereby consequentially amended in the manner indicated in the First Schedule to this Act.
(4)
The following enactments are hereby consequentially repealed:
(a)
Section 33 and subsection (2) of section 47 of the Shipping and Seamen Amendment Act 1959:
(b)
Section 3 of the Shipping and Seamen Amendment Act 1961:
(c)
Subsection (1) of section 2 of the Shipping and Seamen Amendment Act 1962.
(5)
Subsection (1) of section 30 of this Act shall be deemed to have been repealed on the date of the commencement of this section.
(6)
This section and the First Schedule to this Act shall come into force on a date to be fixed for the commencement thereof by the Governor-General, by Order in Council.
5 South African certificates of competency
Section 18 of the principal Act is hereby amended by inserting, after the words “other than New Zealand”
, the words “or granted before the thirty-first day of May, nineteen hundred and sixty-two, by or under the authority of the Government of South Africa”
.
6 Seamen engaged outside New Zealand and discharged in New Zealand by reason of illness or accident
(1)
Section 67 of the principal Act is hereby amended by omitting from subparagraph (iv) of paragraph (c) of subsection (1) (which paragraph was substituted by section 20 of the Shipping and Seamen Amendment Act 1959) the words “the medical practitioner certifies that the seaman is fit to travel”
, and substituting the words “any medical practitioner who has attended the seaman certifies that the seaman is fit to travel, or, if the seaman has reasonable cause for not doing so within that period, as soon as it is reasonably practicable for him to do so,”
.
(2)
Section 67 of the principal Act is hereby further amended—
(a)
By inserting in paragraph (e) of subsection (1), after the words “this subsection”
, the words “or any such application is withdrawn”
:
(b)
By inserting in the same paragraph, after the word “decision”
, the words “or the withdrawal”
:
(c)
By adding to paragraph (b) of subsection (1a) (as enacted by section 2 of the Shipping and Seamen Amendment Act 1957) the word “or”
.
(3)
Section 67 of the principal Act is hereby further amended by adding to subsection (1a) (as enacted as aforesaid) the following paragraph:
“(c)
In any case where he has reasonable cause for not leaving New Zealand on the ship arranged for his passage as aforesaid or on any other ship arranged for his passage by the Superintendent under either of the said paragraphs (c) and (e), fails without reasonable cause to leave New Zealand on any other ship arranged for his passage by the Superintendent under either of those paragraphs when the ship leaves her last port of call in New Zealand.”
7 Seamen engaged outside New Zealand and discharged in New Zealand otherwise than by reason of illness or accident
(1)
Section 67a of the principal Act (as inserted by section 3 of the Shipping and Seamen Amendment Act 1957) is hereby amended by inserting in subsection (1), after paragraph (b), the following paragraph:
“(bb)
The seaman shall, within seven days after his discharge, notify the Superintendent, either personally or in writing, of his place of abode, and shall forthwith notify the Superintendent, either personally or in writing, of any changes from time to time in his place of abode:”.
(2)
Section 67a of the principal Act (as inserted as aforesaid) is hereby further amended by inserting in paragraph (c) of subsection (1), after the words “his discharge”
, the words “or, if he has reasonable cause for not doing so within that period, as soon as it is reasonably practicable for him to do so”
.
(3)
Section 67a of the principal Act (as inserted as aforesaid) is hereby further amended by repealing subparagraph (ii) of paragraph (d) of subsection (1). This subsection shall be deemed to have come into force on the first day of January, nineteen hundred and sixty-three.
(4)
Section 67a of the principal Act (as inserted as aforesaid) is hereby further amended—
(a)
By inserting in paragraph (e) of subsection (1), after the words “this subsection”
, the words “or any such application is withdrawn”
:
(b)
By inserting in the same paragraph, after the word “decision”
, the words “or the withdrawal”
:
(c)
By adding to paragraph (b) of subsection (2) the word “or”
.
(5)
Section 67a of the principal Act (as inserted as aforesaid) is hereby further amended by adding to subsection (2) the following paragraph:
“(c)
In any case where he has reasonable cause for not leaving New Zealand on the ship arranged for his passage as aforesaid or on any other ship arranged for his passage under either of the said paragraphs (c) and (e), fails without reasonable cause to leave New Zealand on any other ship arranged for his passage by the Superintendent under either of those paragraphs when the ship leaves her last port of call in New Zealand.”
8 Seamen engaged outside New Zealand and discharged in New Zealand for purposes of joining another ship
The principal Act is hereby further amended by inserting, after section 67a (as inserted as aforesaid), the following section:
“67b
(1)
Except as provided in subsection (4) of this section, nothing in section 67a of this Act shall apply with respect to any seaman belonging to any foreign-going Commonwealth ship (in this section referred to as the ship of arrival) where the agreement with the crew is first made in a country other than New Zealand who is left on shore at any port in New Zealand for the purpose of joining another ship (in this section referred to as the ship of transfer) pursuant to a provision in the agreement with the crew authorising the master to transfer him to another ship.
“(2)
Every such seaman, whether or not he is discharged from the ship of arrival, shall be deemed for the purposes of this Act to belong to that ship until he has joined the ship of transfer.
“(3)
If any such seaman fails to join the ship of transfer in accordance with the instructions given to him in writing by the master of the ship of arrival, then, except in any case to which subsection (4) of this section applies, he shall be deemed for the purposes of this Act to be absent without leave from the ship of arrival:
“Provided that if the seaman is unable by reason of injury or illness to join the ship of transfer in accordance with those instructions, the provisions of this section shall apply to him as if he had been instructed to join that ship as soon as practicable after he has recovered sufficiently to enable him to join that ship.
“(4)
Where any such seaman is unable to join the ship of transfer in accordance with those instructions as aforesaid by reason of the fact that the ship has left New Zealand, the provisions of section 67a of this Act (except the provisions of paragraph (c) of subsection (1) of that section authorising a seaman to apply to a Magistrate’s Court for an order authorising him to remain in New Zealand), as far as they are applicable and with the necessary modifications, shall apply to him as if he had been left on shore in New Zealand by reason of his discharge from the ship of arrival before the time contemplated in the agreement, and not by reason of illness or accident, on the date on which he would have joined the ship of transfer had he been able to do so in accordance with those instructions as aforesaid.
“(5)
Every entry in the official log book of the ship of arrival relating to the instructions given as aforesaid by the master to any such seaman shall be admissible in evidence, and for that purpose, and without limiting the meaning of the term ‘document’ in section 494 of this Act, the official log book shall be deemed to be a document for the purposes of that section.
“(6)
In this section the term ‘seaman’ includes an apprentice.”
9 Payment without administration
Section 109 of the principal Act is hereby amended by omitting from paragraph (a) of subsection (1) and also from paragraph (b) of that subsection the words “one hundred pounds”
, and substituting in each case the words “five hundred pounds”
.
10 Scale of medical stores
(1)
Section 138 of the principal Act is hereby amended by inserting in subsection (2), before the words “shall provide”
, the words “but not being a fishing boat”
.
(2)
Section 138 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsections:
“(2a)
The owner of every ship to which this subsection applies shall provide and cause to be kept on board a supply of medicine and medical stores according to the scale appropriate to the ship, and also the said books or one of them.
“(2b)
Subsection (2a) of this section applies to—
“(a)
Fishing boats:
“(b)
Other ships of less than thirty register tons, being New Zealand ships or home trade ships (whether or not they are Commonwealth ships), to which that subsection is declared to apply by the Governor-General, by Order in Council.”
11 Deportation of seamen undergoing imprisonment
Section 175 of the principal Act is hereby amended by omitting from paragraph (a) of subsection (1) the words “serving his sentence”
, and substituting the word “imprisoned”
.
12 Official log of ships for which agreement with crew not required
(1)
Section 178a of the principal Act (as inserted by section 32 of the Shipping and Seamen Amendment Act 1959) is hereby amended by adding to subsection (3) the words “and, where the entry in the log book relates to the engagement of an officer, the owner or master shall also produce to the Superintendent the certificate of competency which the officer is by this Act required to hold”
.
(2)
Section 178a of the principal Act (as inserted as aforesaid) is hereby further amended by adding the following subsections:
“(5)
The master or owner of a ship to which this section applies shall forthwith after the expiration of the period of six months after the date of the issue of any official log book of that ship transmit or deliver that official log book to some Superintendent in New Zealand.
“(6)
Every entry which by subsection (4) of section 34 of this Act is required to be made in the articles of agreement of the ship shall, in the case of any ship to which this section applies, be made by a Superintendent in the official log book of the ship.
“(7)
The master or owner of a ship who fails without reasonable cause to comply with any provision of this section commits an offence against this Act.”
13 Carriage on fishing boat of fish caught from another boat
The principal Act is hereby further amended—
(a)
By inserting in subsection (4) of section 185 (which subsection was added by subsection (1) of section 2 of the Shipping and Seamen Amendment Act 1962), after the words “crew of the fishing boat”
, the words “or lawfully transferred to that fishing boat from another fishing boat pursuant to section 16 of the Fisheries Amendment Act 1963”
:
(b)
By adding to paragraph (c) of subsection (1) of section 246a (which subsection was substituted by subsection (4) of section 2 of the Shipping and Seamen Amendment Act 1962) the words “or lawfully transferred to that fishing boat from another fishing boat pursuant to section 16 of the Fisheries Amendment Act 1963”
:
(c)
By inserting in subsection (3) of section 246a (as amended by paragraph (a) of subsection (5) of section 2 of the Shipping and Seamen Amendment Act 1962), after the words “crew of the fishing boat”
, the words “or lawfully transferred to that fishing boat from another fishing boat pursuant to section 16 of the Fisheries Amendment Act 1963”
:
(d)
By inserting in the proviso to paragraph (c) of subsection (1) of section 284 (which paragraph was substituted by subsection (6) of section 2 of the Shipping and Seamen Amendment Act 1962), after the words “crew of the fishing boat”
, the words “or lawfully transferred to that fishing boat from another fishing boat pursuant to section 16 of the Fisheries Amendment Act 1963”
.
14 Building ship without approved plans and specifications
Section 196 of the principal Act is hereby amended by adding the following subsection:
“(3)
Section 14 of the Summary Proceedings Act 1957 and section 481 of this Act shall not apply with respect to any prosecution for an offence against this section.”
15 Adjustment of compasses
Section 208 of the principal Act is hereby amended—
(a)
By inserting in subsection (1), after the words “sea going ship”
, the words “and of every fishing boat or restricted-limit ship to which this section applies pursuant to regulations made under this Act”
:
(b)
By omitting from subsection (3) the words “If any ship goes to sea from any port in New Zealand”
, and substituting the words “If any ship, being a sea going ship, goes to sea from any port in New Zealand or, being a fishing boat or restricted-limit ship to which this section applies, plies or proceeds on any voyage or excursion”
.
16 Voyage permits for docking
The principal Act is hereby further amended by inserting, after section 226, the following section:
“226a
(1)
Where a ship whose certificate of survey has expired has been partially surveyed at a port in New Zealand where docking facilities are not available and it is necessary for the ship to proceed to another port in New Zealand or in Australia for docking in order to complete the survey, the Secretary, or a Surveyor of Ships authorised for the purpose by the Secretary, may, upon such conditions (if any) as he thinks fit, grant a permit to the owner or master for the ship to proceed to the port at which she is to be docked for the purpose of completing the survey.
“(2)
Every such permit—
“(a)
Shall terminate upon the breach of any condition on which it was granted, and shall in any case terminate on the date specified therein, being not later than two months after the date on which it was issued:
“(b)
Shall, so long as it remains in force, have effect for the purposes of the voyage in respect of which it was granted, and for no other purpose, as if it were a valid certificate of survey under this Part of this Act.”
17 Unmanned barges, lighters, and other like vessels
(1)
The principal Act is hereby further amended by inserting, after section 245, the following section:
“245a
(1)
This section applies to barges, lighters, and other like vessels exceeding fifty feet in length which do not carry any persons on board (whether as crew or passengers) while under way.
“(2)
Barges, lighters, and like vessels to which this section applies shall be exempt from survey under section 197 of this Act.
“(3)
Nothing in this Part of this Act prohibiting a ship from plying or proceeding to sea or on any voyage or excursion unless there is in force in respect of that ship, or is produced, a certificate of survey issued under section 213 of this Act shall apply to any barge, lighter, or other like vessel to which this section applies.
“(4)
Every barge, lighter, or other like vessel to which this section applies shall be marked with lines (in this section referred to as submersion lines), and those lines shall show the minimum approved freeboard appropriate to the conditions on which that vessel may trade, as described in the certificate of completion issued under this section. Those lines shall be parallel to the deck at each side amidships, and shall be not less than twelve inches long and one inch wide, and shall be clearly marked as to colour and otherwise as, in the opinion of a Surveyor of Ships, will make them sufficiently visible.
“(5)
The position of the submersion lines shall be fixed by a Surveyor of Ships, who, in fixing their position, shall take into consideration the maximum depths to which the barge, lighter, or other like vessel may safely be loaded in various circumstances, having regard to the construction and strength of the hull and the superstructures, fittings, appliances, and equipments with which that vessel is provided for the purposes of ensuring its seaworthiness and safety.
“(6)
No barge, lighter, or other like vessel to which this section applies shall be used in navigation, however propelled or towed—
“(a)
Unless there is in force in respect of that vessel a certificate of completion signed by the Secretary and in a form provided for the purpose by him, specifying—
“(i)
In the case of a vessel the construction of which was commenced after the commencement of this section, that the vessel was built to approved plans and specifications in accordance with the provisions of section 196 of this Act; and
“(ii)
The submersion lines fixed for the vessel under this section; and
“(iii)
The tonnage of the vessel, ascertained in accordance with the tonnage regulations of this Act; and
“(iv)
That the vessel is fit for the service specified in the certificate provided it is kept in good repair:
“(b)
Without having submersion lines marked as herein provided:
“(c)
Having the upper edge of the submersion lines, marked as herein provided, submerged when loaded:
“(d)
In any service not specified in its certificate of completion issued under this section.
“(7)
The owner of any barge, lighter, or other like vessel in respect of which a certificate of completion has been issued under this section shall, as soon as possible after any structural alteration which affects the position of the vessel’s submersion lines, marked as herein provided, is made in the hull or superstructures of the vessel, give written notice to a Surveyor of Ships containing full particulars of the alteration.
“(8)
If the Secretary has reason to believe that—
“(a)
Any certificate of completion issued under this section was obtained fraudulently or on wrong information; or
“(b)
Any barge, lighter, or other like vessel in respect of which a certificate of completion has been issued under this section is not in good repair or is being used in any service not specified in its certificate of completion; or
“(c)
Since the position of any submersion lines of any barge, lighter, or other like vessel was fixed in the manner herein provided—
“(i)
Any such alteration as is mentioned in subsection (7) of this section has been made in respect of that vessel; or
(ii)
The markings of the submersion lines of that vessel have not been properly maintained,—
the Secretary may exercise with respect to that vessel the powers specified in subsection (9) of this section.
“(9)
In any such case, the Secretary may—
“(a)
Forthwith cancel the certificate of completion issued under this section in respect of that vessel; and
“(b)
Require the owner to have that vessel again inspected by a Surveyor of Ships in the manner herein provided, and the owner shall forthwith comply with that requirement.
“(10)
Whenever the Secretary cancels any certificate of completion under this section, he shall notify the master or the owner of the vessel or his agent of that cancellation and of the reasons therefor.
“(11)
In any such case, the Secretary, if satisfied that the barge, lighter, or other like vessel complies with the provisions of this section and that the justice of the case so requires, may reissue any certificate of completion cancelled or may issue a new certificate of completion in its place.
“(12)
If the provisions of this section are contravened in respect of any barge, lighter, or other like vessel, the master (if in fault) and the owner (if in fault) commit an offence against this Act.
“(13)
Every person commits an offence against this Act who—
“(a)
Being the owner or the agent of the owner thereof, sells or offers for sale any barge, lighter, or other like vessel to which this section applies in respect of which a certificate of completion under this section is not for the time being in force; or
“(b)
Purchases any barge, lighter, or other like vessel to which this section applies in respect of which a certificate of completion under this section is not for the time being in force.
“(14)
Nothing in section 284 of this Act shall apply with respect to any barge, lighter, or other like vessel to which this section applies.
“(15)
The Minister may at any time, by notice in writing to the owner, direct that the provisions of this section shall not apply with respect to any specified barge, lighter, or other like vessel on and after a date specified in the notice; and the provisions of this section shall cease to apply to that vessel accordingly.”
(2)
Section 2 of the principal Act is hereby amended by inserting in the definition of the term “load line ship”
in subsection (1), after paragraph (a), the following paragraph:
“(aa)
A barge, lighter, or other like vessel to which section 245a of this Act applies; or”.
(3)
Section 386 of the principal Act is hereby amended by inserting in subsection (2), after the words “New Zealand”
, the words “and barges, lighters, and other like vessels to which section 245a of this Act applies”
.
18 Survey of fishing boats
(1)
Section 246 of the principal Act is hereby amended by repealing paragraph (a) of subsection (2) (as amended by section 49 of the Shipping and Seamen Amendment Act 1959 and by subsection (2) of section 2 of the Shipping and Seamen Amendment Act 1962), and substituting the following paragraph:
“(a)
Fishing boats not exceeding sixty feet register length:
“Provided that the Governor-General may from time to time, by Order in Council, after consultation by the Minister with organisations which appear to him to be representative of owners and seamen concerned, declare that fishing boats of a length specified in the order, being fishing boats exceeding twenty feet but not exceeding sixty feet register length, shall be liable to survey in the manner provided in this Part of this Act on and after a date specified in the order, and on and after that date fishing boats of a length specified in the order shall cease to be exempt from survey under this section:
“Provided further that, except where the passengers or passenger or cargo are carried pursuant to a permit issued by the Minister under section 246a of this Act, a fishing boat shall not be exempt from survey under this section if it carries more than six passengers, or carries any passenger for hire or reward, or carries any cargo other than the fish caught by the crew of the fishing boat or lawfully transferred to that fishing boat from another fishing boat pursuant to section 16 of the Fisheries Amendment Act 1963, or, being a foreign-going ship, carries any passenger:”.
(2)
The following enactments are hereby repealed:
(a)
Paragraph (a) of subsection (1) and subsection (2) of section 49 of the Shipping and Seamen Amendment Act 1959:
(b)
Subsection (2) of section 2 of the Shipping and Seamen Amendment Act 1962.
19 Exempting small unmanned barges, lighters, and like vessels from survey
Section 246 of the principal Act (as amended by section 12 of the Shipping and Seamen Amendment Act 1957) is hereby further amended by adding to subsection (2) the following paragraph:
“(f)
Barges, lighters, and other like vessels not exceeding fifty feet in length which do not carry any persons on board (whether as crew or passengers) while under way.”
20 Permits to restricted-limit ships to proceed beyond restricted limits
Section 251 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
The Secretary, or a Surveyor of Ships authorised for the purpose by the Secretary, may, upon such conditions (if any) as he thinks fit, grant a permit to the owner or master of any such ship for that ship to proceed on one or more specified occasions or during a specified period from one port in New Zealand to any other port in New Zealand or to proceed to sea from any port in New Zealand and return to the same port; and if any ship in respect of which such a permit has been granted fails to observe any condition upon which it was granted, the owner (if in fault) and the master (if in fault) commit an offence against this Act.”
21 Restricted-limit passenger ships to carry identification marks
The principal Act is hereby further amended by inserting, after section 253, the following section:
“253a
(1)
Without limiting the general power to make regulations conferred by section 504 of this Act, regulations may be made under that section requiring ships that carry passengers and do not ply or proceed beyond restricted limits to be provided with and to display identification plates or other identification marks of such nature and subject to such conditions as are prescribed in the regulations.
“(2)
If any of the regulations made pursuant to this section is not complied with in relation to any ship, the owner (if in fault) and the master (if in fault) commit an offence against this Act.”
22 Carriage of livestock
(1)
The principal Act is hereby further amended by inserting, after section 313, the following heading and section:
“Livestock
“313a
(1)
No ship shall carry any livestock, whether as deck cargo or below deck, except in accordance with a permit first obtained from the Secretary, or a Surveyor of Ships duly authorised by the Secretary, specifying the type and number of livestock that may be carried. Every such permit may be general or special.
“(2)
Without limiting the general power to make regulations conferred by section 504 of this Act, regulations may be made under that section as to the granting of such permits and as to the conditions upon or subject to which such permits may be granted (including provisions to be made for the welfare of the livestock carried).
“(3)
In any case where a permit has been granted for the carriage of livestock pursuant to subsection (1) of this section, a Surveyor of Ships may inspect the ship for the purpose of seeing that the conditions of the permit have been carried out, and for that purpose shall have all the powers of a Marine Inspector under this Act.
“(4)
Every master who loads or stows any livestock below deck except in accordance with a permit under subsection (1) of this section or of any conditions subject to which any such permit was granted commits an offence against this Act, and the ship may be detained, and for the purposes of section 490 of this Act a Surveyor of Ships shall have all the powers conferred by that section on a Superintendent.
“(5)
In this section the term ‘livestock’ means horses, mules, asses, cattle, sheep, goats, pigs, and all circus and menagerie animals.”
(2)
Section 313 of the principal Act is hereby amended by adding to subsection (5) the words “or to the carriage of livestock as defined in section 313a of this Act”
.
23 Wreck, and salvage of ships and aircraft
The principal Act is hereby further amended in the manner indicated in the Second Schedule to this Act.
24 New Zealand Coastal Pilots
(1)
Section 371 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
A licence granted under this section may be a general one having effect with respect to all ports in New Zealand, or may be a restricted one having effect only with respect to the waters specified in the licence.”
(2)
Section 371 of the principal Act is hereby further amended by adding to subsection (6) the words “or, in the case of a New Zealand Coastal Pilot having a restricted licence, any ship proceeding within the waters specified in the licence”
.
(3)
Every New Zealand Coastal Pilot’s licence in force at the passing of this Act shall be deemed to be a general licence.
25 Registration of small lighters, barges, and like vessels
Section 382 of the principal Act is hereby amended by inserting, after the words “any harbour”
, the words “and a lighter, barge, or like vessel not exceeding fifty feet in length which does not carry any persons on board (whether as crew or passengers) while under way”
.
26 Assistant Registrars of Ships
The principal Act is hereby further amended by inserting, after section 383, the following section:
“383a
(1)
For each port of registry appointed under section 383 of this Act there may from time to time be appointed under the provisions of the State Services Act 1962 one or more suitable persons to be Assistant Registrar or Assistant Registrars of Ships.
“(2)
On the occurrence from any cause of a vacancy in the office of the Registrar of Ships for any port (whether by reason of death, resignation, or otherwise), and in the case of the illness, absence, or temporary incapacity of the Registrar of Ships for any port (from whatever cause occurring), every Assistant Registrar of Ships for that port shall have and perform all the powers, functions, and duties of the Registrar, and for that purpose every reference in this Part of this Act to the Registrar shall be deemed to include a reference to an Assistant Registrar of Ships.
“(3)
The fact that an Assistant Registrar of Ships exercises or performs any power, function, or duty as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring him to do so.”
27 Endorsement of change of master on certificate of registry
(1)
Section 397 of the principal Act is hereby amended—
(a)
By omitting from subsection (2) the words “the Registrar at the ship’s port of registry”
, and substituting the words “the Superintendent at that port”
:
(b)
By inserting in subsection (4), after the words “port of registry”
, the words “or any Superintendent”
.
(2)
Section 397 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsection:
“(2a)
If the master of a ship registered in New Zealand is changed while the ship is at a port in New Zealand where there is no Registrar or Superintendent, and the change occurs from any cause other than that mentioned in subsection (1) of this section, the new master shall—
“(a)
Cause an entry thereof setting out the circumstances of change of master to be made in the official log book; and
“(b)
At the first port of call thereafter at which there is a Registrar or Superintendent, produce the ship’s certificate of registry and the official log book to that Registrar or Superintendent, and the Registrar or Superintendent shall endorse and sign a memorandum of the change on the ship’s certificate of registry.”
28 Consent of Minister to transfer or mortgage not required in certain cases
Section 410 of the principal Act is hereby amended by adding to subsection (1) the following additional proviso:
“Provided further that the consent of the Minister shall not be required to any such transfer or mortgage or transfer of mortgage where the transferee of the ship or share or the mortgagee or the transferee of the mortgage is a person qualified to own a registered New Zealand ship and is resident in New Zealand or, in the case of a corporate body, is qualified to own a registered New Zealand ship and has its principal place of business in New Zealand.”
29 Returns to be made by Registrars of Ships
The principal Act is hereby further amended by inserting, after section 456, the following section:
“456a
(1)
Every Registrar shall transmit to the Secretary returns, in such form and at such times as the Secretary directs, of registrations, transfers, transmissions, mortgages, and other dealings with ships which have been registered by or communicated to him in his capacity of Registrar, and of the names of the persons concerned in the same, and of such other particulars as the Secretary directs.
“(2)
Every Registrar shall on or before the fifteenth day of January in every year transmit to the Secretary a list of all ships registered at the port for which he is the Registrar, and also of all ships whose registration has been transferred or cancelled at that port since the last preceding return.”
30 Carrying of certificated officers
(1)
The First Schedule to the principal Act (as substituted by subsection (2) of section 6 of the Shipping and Seamen Amendment Act 1959) is hereby amended by adding to clause (7) of that portion of Part I headed “REMARKS”
the words “or second mate of foreign-going ship or master of home-trade ship”
.
(2)
The First Schedule to the principal Act (as substituted as aforesaid) is hereby further amended by repealing that portion of Part II headed “REMARKS”
, and substituting the following:
“REMARKS:
“(1)
If a passenger ship, add (as the case may require) one third-class steam or one second-class coastal motor, and also, if 3,000 BHP or more, one additional engineer holding (as the case may require) a third-class steam or second-class coastal-motor certificate.
“(2)
If a passenger ship, add one third-class steam.
“(3)
If carrying more than 150 passengers, add one third-class steam.
“(4)
If carrying more than 150 passengers, substitute second-class steam.
“(5)
If the duration of the scheduled voyage is intended to exceed four hours, add one engineer holding a river engineer’s certificate or steam certificate of higher grade.
“(6)
If carrying more than 150 passengers, substitute third-class steam.
“(7)
If less than 565 BHP, a suitably experienced holder of a recognised trawler engineer’s certificate or third-class steam certificate may, at the discretion of the Secretary or of a Surveyor duly authorised by the Secretary, be substituted.
“(8)
If a passenger ship, add one additional engineer holding (as the case may require) a second-class motor certificate or second-class coastal motor certificate.
“(9)
If a passenger ship, substitute, respectively, first-class motor and second-class motor.
“(10)
Alternatively, a second-class motor.
“(11)
If carrying more than 150 passengers, substitute second-class coastal motor.
“(12)
If carrying more than 150 passengers, engineer of local motorship.
“(13)
As prescribed by regulations made pursuant to section 253.
“(14)
Subject to section 185(2).
“(15)
Where such an engineer is not available, a suitably experienced holder of a recognised trawler engineer’s certificate or other suitably experienced engineer with lower qualifications may, at the discretion of the Secretary or of a Surveyor duly authorised by the Secretary, be substituted.
“(16)
As prescribed by regulations made pursuant to section 243 or section 253, as the case may be.
“(17)
Alternatively, engineer of local motorship, provided the certificate has been endorsed by the Secretary to show that the holder has been in charge of the engines of a motorship for a total period of two years or more. The Secretary may, on production of proof of satisfactory service, endorse the certificate accordingly.”
(3)
Section 3 of the Shipping and Seamen Amendment Act 1962 is hereby amended by repealing subsection (2).
SCHEDULES
FIRST SCHEDULE Amendments Consequential on Provisions as to Manning of Fishing Boats
Section 4(3)
| Section or Schedule of Principal Act Amended | Amendment |
|---|---|
| Section 17 | By inserting in subsection (1), before the words “when plying”, the words “not being a fishing boat”. |
By inserting in subsection (2), after the words “subsection one”, the words “or subsection (1a)”. | |
By inserting in subsection (10), after the words “carried by ships”, the words “not being fishing boats”. | |
| Section 55 | By inserting in subsection (1), before the words “shall carry”, the words “not being a fishing boat”. |
| By repealing the second proviso to subsection (1) (which proviso was added by subsection (1) of section 16 of the Shipping and Seamen Amendment Act 1959). | |
By inserting in the third proviso to subsection (1) (which proviso was added by subsection (1) of section 16 of the Shipping and Seamen Amendment Act 1959), after the words “restricted-limit ship”, the words “not being a fishing boat”. | |
By inserting in subsection (2), after the words “coal burning steamships”, the words “and not being fishing boats”. | |
By inserting in subsection (4) and also in subsections (5), (7), and (8), after the words “subsection one”wherever they occur, the words “or subsection (1a)”. | |
By inserting in subsection (10) (as added by section 3 of the Shipping and Seamen Amendment Act 1954), after the words “any ship”, the words “(not being a fishing boat)”. | |
| Section 185 | By repealing subsections (2) and (3) (as amended by subsection (1) of section 33 and subsection (2) of section 47 of the Shipping and Seamen Amendment Act 1959) and subsections (4) and (5) (as added by subsection (1) of section 2 of the Shipping and Seamen Amendment Act 1962). |
| Section 243 |
By repealing paragraphs (a) and (aa) of subsection (4) (which paragraphs were substituted by section 3 of the Shipping and Seamen Amendment Act 1961), and substituting the following paragraph: “(a)Ships, not being fishing boats, to which section 246 of this Act applies:”. |
|
By adding the following subsection: “(5) This section, except paragraph (c) of subsection (3), applies to fishing boats.” | |
| Section 246 | By omitting from the proviso to paragraph (a) of subsection (2) (which proviso was added by subsection (2) of section 2 of the Shipping and Seamen Amendment Act 1962) the words “for the purposes of the First Schedule to this Act”. |
| Section 246a (as inserted by section 13 of the Shipping and Seamen Amendment Act 1957) | By omitting from paragraph (b) of subsection (1) (as substituted by subsection (4) of section 2 of the Shipping and Seamen Amendment Act 1962) the words “for the purposes of the First Schedule to this Act”. |
By omitting from subsection (3) (as amended by paragraph (a) of subsection (5) of section 2 of the Shipping and Seamen Amendment Act 1962) the words “for the purposes of the First Schedule to this Act”. | |
| Section 284 | By omitting from the proviso to paragraph (c) of subsection (1) (which paragraph was substituted by subsection (6) of section 2 of the Shipping and Seamen Amendment Act 1962) the words “for the purposes of the First Schedule to this Act”. |
| First Schedule (as substituted by subsection (2) of section 6 of the Shipping and Seamen Amendment Act 1959) | By repealing clause 4 of Part I. |
By repealing clauses 6 and 7 of the portion of Part I headed “REMARKS”. | |
| By repealing clauses (4) and (8) of Part II. | |
By repealing clauses (7), (14), (15), and (16) of the portion of Part II headed “REMARKS”(which portion was substituted by subsection (2) of section 30 of this Act). | |
By omitting from clause 2 of Part IV the words “a fishing boat or”. | |
|
By omitting from paragraph (a) of clause 6 the words— “Master of fishing boat Skipper of home-trade fishing boat.” | |
| By repealing clause 8 of Part IV. | |
| Second Schedule | By omitting from Part I (as amended by subsection (2) of section 16 of the Shipping and Seamen Amendment Act 1959) the words “in any fishing boat or” |
SECOND SCHEDULE Amendment of Provisions Relating to Wreck, and Salvage of Ships and Aircraft
Section 23
| Section of Principal Act Amended | Amendment |
|---|---|
| Section 342 | By inserting in the proviso to subsection (5), after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. |
| Section 343 | By inserting in subsection (1), after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. |
| Section 347 | By inserting in subsection (1), after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. |
| Section 348 | By inserting in subsection (2), after the words “at sea”wherever they occur, the words “or in any river or lake or other inland water”. |
| Section 349 | By inserting in subsection (1), after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. |
| Section 350 | By inserting in subsection (3), after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. |
| Section 354 | By inserting in subsection (1), after the words “limits of New Zealand”and also after the words “those limits”, the words “or in any river or lake or other inland water”. |
By inserting in subsection (2), after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. | |
By inserting in paragraph (a) of subsection (3) and also in paragraph (c) of that subsection, after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. | |
| Section 357 | By inserting in paragraph (a), after the words “limits of New Zealand”, the words “or in any river or lake or other inland water”. |
This Act is administered in the Marine Department.
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Versions
Shipping and Seamen Amendment Act 1963
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