Maritime Transport Amendment Act 2013

Schedule 2
Consequential amendments

s 90

Part 1
Amendments to Acts

Litter Act 1979 (1979 No 41)

In section 6(1)(e), replace “under section 7 or section 42 of the Harbours Act 1950” with “under Part 3A of the Maritime Transport Act 1994”.

Local Government Act 2002 (2002 No 84)

In section 151(1AA), after “Act”, insert “or the Maritime Transport Act 1994”.

In section 155(1AA), after “Act”, insert “or the Maritime Transport Act 1994”.

In section 156(1), after “this Act”, insert “or the Maritime Transport Act 1994” in each place.

In section 158(1), after “made by it under this Act”, insert “or the Maritime Transport Act 1994”.

In section 159, after “this Act”, insert “, the Maritime Transport Act 1994,”.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)

Replace section 37(2)(b) with:

  • “(b) any port operator (as defined in Part 3A of the Maritime Transport Act 1994):”.

In section 63, definition of accommodated infrastructure, replace paragraph (b)(vi) with:

  • “(vi) a port operator (as defined in Part 3A of the Maritime Transport Act 1994):”.

Maritime Security Act 2004 (2004 No 16)

In section 80(1), replace “, under the Local Government Act 1974, instructions” with “instructions under Part 3A of the Maritime Transport Act 1994,”.

Te Arawa Lakes Settlement Act 2006 (2006 No 43)

In section 37(1)(c), replace “under the Local Government Act 1974” with “under Part 3A of the Maritime Transport Act 1994”.

Part 2
Amendments to regulations

Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004 (SR 2004/140)

In regulation 3, definition of enforcement officer, replace “section 650I(3) of the Local Government Act 1974” with “Part 3A of the Maritime Transport Act 1994”.

In regulation 3, definition of harbourmaster, replace “section 650I(3) of the Local Government Act 1974” with “Part 3A of the Maritime Transport Act 1994”.

Local Government (Infringement Fees for Offences: Queenstown Lakes District Navigation Safety Bylaw 2009) Regulations 2009 (SR 2009/412)

In regulation 3, definition of honorary enforcement officer, replace “section 650B of the Act” with “Part 3A of the Maritime Transport Act 1994”.

Marine Safety Charges Regulations 2000 (SR 2000/268)

After regulation 5(b), insert:

  • “(c) pleasure craft.”

Part 3
Amendments to rules

Maritime Rules Part 91: Navigational Safety Rules

In the Part objective, replace the fifth paragraph with:

“A key object of Part 91 is to set basic national navigation standards. These can be enforced locally by harbourmasters and regional council enforcement officers. In addition, the Act allows regional councils to make navigation bylaws that are consistent with these rules.”

In rule 91.2, replace the definition of harbourmaster with:

“harbourmaster means a person appointed as a harbourmaster under Part 3A of the Act”.

In rule 91.2, replace the definition of Regional Council with:

“regional council has the meaning given to it in section 5(1) of the Local Government Act 2002; and includes—

  • “(a) any territorial authority that has the functions, powers, and duties of a regional council as the result of a transfer of responsibility under section 33X of the Act or section 17 of the Local Government Act 2002; and

  • “(b) the Chatham Islands Council”.

Replace rule 91.3 with:

“91.3 Application

  • Part 91 applies everywhere in New Zealand waters.”

Part 4
Amendment to bylaw

Lake Taupo Navigation Safety Bylaw 2010 (SR 2010/363)

In clause 1.3, definition of Harbourmaster, replace “by the Secretary for Local Government under section 650B or 650I(3) of the Act” with “under Part 3A of the Maritime Transport Act 1994”.