2019/109
Patsy Reddy, Governor-General
At Wellington this 27th day of May 2019
Present:Her Excellency the Governor-General in Council
These regulations are made under section 191 of the Maritime Transport Act 1994—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Minister of Transport made after complying with section 191(3A) of that Act.
These regulations are the Maritime Levies Amendment Regulations 2019.
These regulations come into force on 1 July 2019.
These regulations amend the Maritime Levies Regulations 2016 (the principal regulations).
(1)
In regulation 3, insert in their appropriate alphabetical order:
New Zealand non-SOLAS ship means a New Zealand commercial ship other than a New Zealand SOLAS ship
New Zealand SOLAS ship has the meaning given in regulation 3A
passenger ship means—
a New Zealand commercial ship that carries any passengers and does not proceed beyond restricted limits; or
a New Zealand commercial ship that has a passenger capacity of more than 12 passengers and proceeds beyond restricted limits; or
a foreign passenger ship
(2)
In regulation 3, revoke the definitions of chartered fishing vessel, International Tonnage Certificate, New Zealand fishing ship, New Zealand non-passenger ship, and New Zealand passenger ship.
(3)
In regulation 3, definition of passenger capacity, replace “foreign passenger ship or New Zealand passenger ship” with “passenger ship”.
“foreign passenger ship or New Zealand passenger ship”
“passenger ship”
(4)
In regulation 3, definition of relevant certificate, after paragraph (b), insert:
a certificate issued under the maritime rules that specifies the maximum number of passengers that the ship may carry:
After regulation 3, insert:
In these regulations, unless the context otherwise requires, New Zealand SOLAS ship means a New Zealand commercial ship that—
either—
is 45 metres or more in length and proceeds beyond restricted limits; or
has a passenger capacity of more than 12 passengers and is engaged on an international voyage; and
is either—
certified as a SOLAS ship; or
a ship in relation to which a New Zealand Ship Safety Certificate has been issued under the maritime rules; and
is not registered as a fishing vessel under section 103 of the Fisheries Act 1996.
Replace regulation 5(b) with:
every commercial raft to which Part 81 of the maritime rules applies.
In regulation 6(1)(b),—
after “ships”, insert “that are”; and
“ships”
“that are”
after “ship”, insert “(and that would not otherwise be liable for a maritime levy)”.
“ship”
“(and that would not otherwise be liable for a maritime levy)”
After regulation 6(1)(c), insert:
New Zealand commercial ships—
for which a maritime document is not required; and
that are operated as part of an adventure activity registered under the Health and Safety at Work (Adventure Activities) Regulations 2016.
Replace regulations 8 and 9 with:
A maritime levy is payable for a foreign commercial ship in relation to each visit by the ship to a New Zealand port in the levy year.
The levy for each port visit by a ship of a class specified in column 1 of the table in Part 1 of Schedule 2 during a levy year specified in column 2 of that table must be calculated in accordance with the following formula:
(g x c3) + (d x c4) + (p x c5) = $L
where—
is the gross tonnage of the ship
is the deadweight tonnage of the ship
is the passenger capacity of the ship
is the relevant gross tonnage rate specified in column 3 of the table
is the relevant deadweight tonnage rate specified in column 4 of the table
is the relevant passenger capacity rate specified in column 5 of the table
is the levy payable
A maritime levy is payable in each levy year for the following ships:
a New Zealand SOLAS ship:
a New Zealand non-SOLAS ship that is 24 metres or more in length:
a New Zealand non-SOLAS ship that is less than 24 metres in length.
The maritime levy for a New Zealand SOLAS ship that is of a class specified in column 1 of the table in Part 2 of Schedule 2 in relation to a levy year specified in column 2 of that table must be calculated in accordance with the following formula:
(g x c3) + (d x c5) + (p x c6) = $L
is the passenger capacity of the ship (if the ship is a passenger ship)
is the relevant deadweight tonnage rate specified in column 5 of the table
is the relevant passenger capacity rate specified in column 6 of the table (if applicable)
The maritime levy for a New Zealand non-SOLAS ship that is 24 metres or more in length and that is of a class specified in column 1 of the table in Part 2 of Schedule 2 in relation to a levy year specified in column 2 of that table must be calculated in accordance with the following formula:
(g x c3) + (p x c6) = $L
The maritime levy for a New Zealand non-SOLAS ship that is less than 24 metres in length and that is of a class specified in column 1 of the table in Part 2 of Schedule 2 in relation to a levy year specified in column 2 of that table must be calculated in accordance with the following formula:
(l x c4) + (p x c6) = $L
is the overall length of the ship
is the relevant length rate specified in column 4 of the table
Revoke regulations 10 and 11.
Replace regulation 12(2) with:
This regulation applies to maritime levies that are payable on an annual basis.
In regulation 19(1), replace “regulation 8, 9, 10, or 11” with “regulation 8 or 9”.
“regulation 8, 9, 10, or 11”
“regulation 8 or 9”
Replace Schedule 2 with the Schedule 2 set out in the Schedule of these regulations.
r 12
rr 8, 9
Michael Webster,Clerk of the Executive Council.
These regulations, which come into force on 1 July 2019, amend the Maritime Levies Regulations 2016 (the principal regulations) by amending the way in which maritime levies are calculated. The new approach is risk-based and this approach is reflected in both—
the new categories of ships to which maritime levies apply (in new regulations 8 and 9 of the principal regulations); and
the new levy rates that apply to those categories of ship (in new Schedule 2 of the principal regulations).
These regulations also exempt from maritime levies ships that are regulated under the Health and Safety at Work (Adventure Activities) Regulations 2016.
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.
A copy of this regulatory impact assessment can be found at—
https://www.transport.govt.nz/about/governance/ris-bccs/
http://www.treasury.govt.nz/publications/informationreleases/ria
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.