Maritime (Charges) Amendment Regulations 2019

2019/112

Coat of Arms of New Zealand

Maritime (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 445(1) of the Maritime Transport Act 1994 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Maritime (Charges) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 1 July 2019.

3 Principal regulations

These regulations amend the regulations that were previously called the Shipping (Charges) Regulations 2014 (the principal regulations).

4 Regulation 1 replaced (Title)

Replace regulation 1 with:

1 Title

These regulations are the Maritime (Charges) Regulations 2014.

5 Regulation 3 amended (Interpretation)

(1)

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

(2)

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

audit or inspection means work or a service specified in Part B of Schedule 1

(3)

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

work or service means any work or service performed by the Authority in providing services for maritime purposes or for the purposes of protecting the marine environment, including—

(a)

work or a service specified in Schedule 1 or 2; and

(b)

the assessment of an application and the grant of a certificate, licence, recognition, or other authorisation relating to work or a service specified in Schedule 1 or 2

6 New regulation 3A inserted (Transitional, savings, and related provisions)

After regulation 3, insert:

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

7 Regulation 4 replaced (Charges payable for work and services subject to hourly rate)

Replace regulation 4 with:

4 Charges for Schedule 1 work and services payable at hourly rate

(1)

A person for whom the Authority performs work or a service specified in Schedule 1 must pay to the Authority a charge that is calculated in accordance with the following formula:

h× $245 = $c

where—

h

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

$c

is the charge payable.

(2)

If the work or service is an audit or inspection, subclause (1) applies only in relation to follow-up work performed, including—

(a)

a further visit to the ship or other site; and

(b)

monitoring of remedial actions taken by the person in relation to whom the audit or inspection was performed.

8 Regulation 5 amended (Fixed charges for work and services)

(1)

Replace the heading to regulation 5 with “Fixed charges payable for Schedule 2 work and services”.

(2)

Replace regulation 5(1) with:

(1)

A person for whom the Authority performs work or a service specified in column 1 of Schedule 2 must pay to the Authority the charge specified in column 2 of that schedule for that work or service.

9 Regulation 6 amended (Fixed and variable charges payable)

(1)

In regulation 6, replace “If a fee” with “If a charge”.

(2)

In regulation 6, replace “Schedule 1” with “Part C of Schedule 1” in each place.

(3)

In regulation 6, replace “Schedule 2” with “Part B of Schedule 2” in each place.

10 New regulation 6A inserted (Charges payable to reimburse costs and for travel time)

After regulation 6, insert:

6A Charges payable to reimburse costs and for travel time

(1)

A person for whom the Authority performs work or a service described in subclause (2) must pay to the Authority a charge under this regulation in addition to the charges payable under regulations 4 and 5.

(2)

Charges are payable under this regulation for work or a service performed—

(a)

at an offshore installation; or

(b)

outside New Zealand.

(3)

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 of the Authority in performing work or a service.

(4)

In addition, a charge payable for travel time for the purpose of performing work or a service to which regulation 4 or 5 applies must be calculated in accordance with the following formula:

a × $245 = $b

where—

a

is the sum of the number of hours (including part-hours) spent by each employee or contractor of the Authority travelling to and from the place where the work or service is performed

$b

is the charge payable.

11 Regulation 7 replaced (Charges if work or service not able to be completed or commenced)

Replace regulation 7 with:

7 Charges for work or service not begun or completed

(1)

This regulation applies if an employee or a contractor of the Authority, acting in good faith, is for any reason not able to begin or complete work or a service specified in Schedule 1.

(2)

The person for whom the work or service is performed or to be performed must pay to the Authority—

(a)

a charge calculated under regulation 4(1) in relation to each hour (or part-hour) worked; and

(b)

applicable charges under regulation 6A.

12 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 1 of these regulations as the first schedule to appear after the last regulation of the principal regulations.

13 Schedule 1 replaced

Replace Schedule 1 with the Schedule 1 set out in Schedule 2 of these regulations.

14 Schedule 2 replaced

Replace Schedule 2 with the Schedule 2 set out in Schedule 3 of these regulations.

Schedule 1 New Schedule 1AA inserted

r 12

Schedule 1AA Transitional, savings, and related provisions

r 3A

Part 1 Provision relating to Maritime (Charges) Amendment Regulations 2019

1 References to Shipping (Charges) Regulations 2014

Unless the context otherwise requires, every reference to the Shipping (Charges) Regulations 2014 in any document is, after the commencement of the Maritime (Charges) Amendment Regulations 2019, to be read as a reference to the Maritime (Charges) Regulations 2014.

Schedule 2 New Schedule 1

r 13

Schedule 1 Work and services for which charges are payable at hourly rate

r 4

Work or service
PART A
Recognition of foreign vessels on charter or demise charter
Vessel detentions and seizure of maritime products
Passenger ship safety certificate
Cargo ship safety certificate
Cargo ship safety radio certificate
International load line exemption certificate
Exemptions from maritime rules or marine protection rules
Appointment of overseas surveyors
Assessment of applications under Resource Management Act 1991 affecting navigation
Other survey/vessel certificates
High-speed craft safety certificate
Permit to operate high-speed craft
Authorised person certificate
Muster list approval
Approval of crew accommodation plans
Approval/acceptance of maritime products or marine protection products
Light craft compliance certificate
Safety case approval
Moderation of examinations by Director
Recognition of non-New Zealand certification/qualification not otherwise provided for
Application for approval to issue industry-specific certificates
Erection or alteration of navigational aids
Test for commercial jet boat driver licence
Specified limits permit
Single voyage permit
Approval of training course
Inspection of training provider
Conduct of examinations and assessments by Director
Temporary maritime event approval (speed uplifts and reservations)
International tonnage certificate
International load line certificate
New Zealand load line certificate
New Zealand load line exemption certificate
Continuous synopsis record
Change in person exercising privileges and responsibilities under MTOP
Compass adjuster
Extension of scope of certificate of surveyor recognition
Audit and inspection of recognised surveyor
Marine environment protection charges
Vessel detentions and seizure of marine protection products
Dump permits
Oil spill control agent approval
Certificates of insurance
Shipboard marine oil spill contingency plans
Oil transfer site marine oil spill contingency plans
Offshore oil spill contingency plan
International oil pollution prevention certificate (IOPPC)
Marine environment protection audits and inspections
Other work
Other work performed in relation to, or in the nature of, work or a service specified in this schedule and Schedule 2
PART B
Maritime safety audits and inspections
PART C
Maritime transport operator certificate
Certificate of surveyor recognition
Renewal of certificate of surveyor recognition
Addition of category or activities in MTOP
Removal of category or activities in MTOP

Schedule 3 New Schedule 2

r 14

Schedule 2 Work and services for which charges are payable at fixed rate

r 5

Column 1Column 2
Work or serviceCharge ($)
PART A
Certificates of proficiency or competency and all endorsements
All national certificates of proficiency368
All national certificates of competency368
All STCW (including STCW-F) certificates of proficiency368
All STCW (including STCW-F) certificates of competency368
Endorsements on certificates of proficiency or competency
All national endorsements368
All STCW endorsements368
Other certificates
Commercial jet boat driver licence368
Pilot licence368
Pilotage exemption certificate368
New Zealand barge safety certificate245
Minimum safe crewing document245
New Zealand ship safety certificate and record of equipment245
Diving compliance certificate368
Fishing compliance certificate368
Commercial jet boat operator certificate368
Commercial rafting compliance certificate368
Approval as medical practitioner or assessor or examiner490
Other applications
National certificate of competency or certificate of proficiency renewal368
National certificate of competency or certificate of proficiency transition368
National endorsement renewal368
STCW certificate of competency or certificate of proficiency renewal368
GMDSS renewal368
STCW certificate of competency or certificate of proficiency transition368
STCW endorsement renewal368
STCW-F certificate of competency or certificate of proficiency renewal368
Replacement certificates and licences368
Foreign certificate recognition (under MOU)368
Foreign certificate recognition (outside MOU)368
Marine engineer class 3 foreign qualification sea service acceptance245
International voyage certificate490
Change of full name of maritime transport operator245
Addition of primary port or harbour from which operation is conducted under MTOP368
Removal of primary port or harbour from which operation is conducted under MTOP368
PART B
Maritime transport operator certificate (initial fee)814
Certificate of surveyor recognition (initial fee)968
Renewal of certificate of surveyor recognition (initial fee)710
Addition of category or activities in MTOP (initial fee)368
Removal of category or activities in MTOP (initial fee)245

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 Shipping (Charges) Regulations 2014 (the principal regulations) by simplifying the way in which charges for work and services are calculated. As amended, the principal regulations will charge a uniform hourly rate or a generally uniform fixed rate for relevant work and services. Additional charges will be payable to reimburse costs incurred in the performance of work and services. In addition, because the principal regulations are made under the Maritime Transport Act 1994, these regulations change the name of the principal regulations to the Maritime (Charges) Regulations 2014.

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.

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

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.