Maritime Transport Act (Conventions) Amendment Order 2021

2021/378

Coat of Arms of New Zealand

Maritime Transport Act (Conventions) Amendment Order 2021

Cindy Kiro, Governor-General

Order in Council

At Wellington this 22nd day of November 2021

Present:
Her Excellency the Governor-General in Council

This order is made under section 2(2) of the Maritime Transport Act 1994 on the advice and with the consent of the Executive Council.

Order

1 Title

This order is the Maritime Transport Act (Conventions) Amendment Order 2021.

2 Commencement

This order comes into force on 26 November 2021.

3 Principal order

This order amends the Maritime Transport Act (Conventions) Order 1994.

4 Clause 2 replaced (Maritime conventions declared to be conventions for purposes of Maritime Transport Act 1994)

Replace clause 2 with:

2 Specified international conventions and specified amendments declared to be conventions for purposes of Parts 1 to 15 of Maritime Transport Act 1994

(1)

Every international convention specified in the Schedule—

(a)

relates to maritime transport; and

(b)

is an instrument to which New Zealand is a party; and

(c)

is declared to be a convention for the purposes of Parts 1 to 15 of the Maritime Transport Act 1994.

(2)

Every amendment specified in the Schedule that is an amendment to an instrument referred to in subclause (1) is declared to be a part of that instrument for the purposes specified in subclause (1)(c).

5 Schedule replaced

Replace the Schedule with the Schedule set out in the Schedule of this order.

Schedule Schedule replaced

cl 5

Schedule Conventions declared for purposes of Parts 1 to 15 of Maritime Transport Act 1994

cl 2

Specified international conventions relating to maritime transportSpecified amendments to international conventions
Convention on the International Maritime Organization, 1948

1964 Amendments to Articles 17 and 18

1965 Amendments to Article 28

1974 Amendments to Articles 10, 16, 17, 18, 20, 28, 31, and 32

1975 Amendments

1977 Amendments

1979 Amendments

1991 Amendments

1993 Amendments

Convention on Facilitation of International Maritime Traffic, 1965

1973 Amendments to Article VII of the Convention

1969 Amendments to the Annex

1977 Amendments to the Annex

1986 Amendments to the Annex

1987 Amendments to the Annex (FAL.1(17))

1990 Amendments to the Annex (FAL.2(19))

1992 Amendments to the Annex (FAL.3(21))

1993 Amendments to the Annex (FAL.4(22))

1996 Amendments to the Annex (FAL.5(24))

1999 Amendments to the Annex (FAL.6(27))

2002 Amendments to the Annex (FAL.7(29))

2005 Amendments to the Annex (FAL.8(32))

2009 Amendments to the Annex (FAL.10(35))

2016 Amendments to the Annex (FAL.12(40))

International Convention on Load Lines, 1966

2005 Amendments (A.972(24))

2013 Amendments (A.1082(28))

2013 Amendments (to make the use of the III Code mandatory) (A.1083(28))

Protocol of 1988 relating to the International Convention on Load Lines, 1966

2003 Amendments (Annex B) (MSC.143(77))

2004 Amendments (Annex B) (MSC.172(79))

2006 Amendments (Annex B) (MSC.223(82))

2008 Amendments (Annex B) (to make the use of the 2008 IS Code mandatory) (MSC.270(85))

2012 Amendments (Annex B) (MSC.329(90))

2012 Amendments (Annex B) (MSC.345(91))

2013 Amendments (Annex B) (MSC.356(92))

2014 Amendments (Annex B) (to make the use of the III Code mandatory) (MSC.375(93))

2016 Amendments (2008 IS Code) (MSC.414(97))

2018 Amendments (2008 IS Code) (MSC.444(99))

International Convention on Tonnage Measurement of Ships, 1969

2013 Amendments to Annexes I and III (A.1084(28))

International Convention for Safe Containers, 1972

1981 Amendments to Annex I

1983 Amendments to Annexes I and II (MSC.3(48))

1991 Amendments to Annexes I and II (MSC.20(59))

2010 Amendments to Annexes I, II, and III (MSC.310(88))

2013 Amendments to Annexes I, II, and III (MSC. 355(92))

Convention on the International Regulations for Preventing Collisions at Sea, 1972

1981 Amendments (A.464(XII))

1987 Amendments (A.626(15))

1989 Amendments (A.678(16))

1993 Amendments (A.736(18))

2001 Amendments (A.910(22))

2007 Amendments (A.1004(25))

2013 Amendments (to make the use of the III Code Mandatory) (A.1085(28))

International Convention for the Safety of Life at Sea, 1974

1981 Amendments (Chapters II-1, II-2, III, IV, V, and VI) (MSC.1(XLV))

1983 Amendments (Chapters II-1, II-2, III, IV, and VII) (MSC.6(48))

1987 Amendments (IBC CODE) (MSC.10(54))

1988 Amendments (Chapter II-1) (MSC.11(55))

1988 Amendments (Chapter II-1) (MSC.12(56))

1988 Amendments (GMDSS/CONF/9) (Conference resolutions 1 and 2)

1989 Amendments (Chapters II-1, II-2, III, IV, V, and VII) (MSC.13(57))

1989 Amendments (IBC CODE) (MSC.14(57))

1990 Amendments (IBC CODE) (MSC.16(58))

1990 Amendments (IGC CODE) (MSC.17(58))

1990 Amendments (Chapter II-1) (MSC.19(58))

1991 Amendments (Chapters II-2, III, V, VI, and VII) (MSC.22(59))

1992 Amendments (Chapter II-2) (MSC.24(60))

1992 Amendments (Chapter II-1) (MSC.26(60))

1992 Amendments (Chapters II-1, II-2, III, and IV) (MSC.27(61))

1992 Amendments (IBC CODE) (MSC.28(61))

1992 Amendments (IGC CODE) (MSC.30(61))

1994 Amendments (MSC.31(63)): Annex 1 (Chapter V) and Annex 2 (Chapters II-2 and V)

1994 Amendments (IGC CODE) (MSC.32(63))

1994 Amendments (Conference Resolution 1): Annex 1 (New Chapters X and XI) and Annex 2 (New Chapter IX)

1994 Amendments (Chapters VI and VII) (MSC.42(64))

1995 Amendments (Chapter V) (MSC.46(65))

1995 Amendments (Chapters II-1, II-2, III, IV, V, and VI) (Conference Resolution 1)

1996 Amendments (Chapters II-1, III, VI, and XI) (MSC.47(66))

1996 Amendments (Resolution A.744(18)) (MSC.49(66))

1996 Amendments (IBC CODE) (MSC.50(66))

1996 Amendments (Chapters II-1, II-2, and V) (MSC.57(67))

1996 Amendments (IBC CODE) (MSC.58(67))

1996 Amendments (IGC CODE) (MSC.59(67))

1997 Amendments (Chapters II-1 and V) (MSC.65(68))

1997 Amendments (New Chapter XII, Resolution A.744(18)) (CONF.4/25)

1998 Amendments (Chapters II-1, IV, VI, and VII) (MSC.69(69))

1999 Amendments (Chapter VII) (MSC.87(71))

2000 Amendments (Chapter III) (MSC.91(72))

2000 Amendments (Chapters II-1, II-2, V, IX, and X) (MSC.99(73))

2000 Amendments (1998 FTP CODE) (MSC.101(73))

2000 Amendments (IBC CODE) (MSC.102(73))

2000 Amendments (IGC CODE) (MSC.103(73))

2000 Amendments (ISM CODE) (MSC.104(73))

2000 Amendments (Resolution A.744(18)) (MSC.105(73))

2001 Amendments (Chapter VII) (MSC.117(74))

2001 Amendments (INF CODE) (MSC.118(74))

2001 Amendments (1994 HSC CODE) (MSC.119(74))

2002 Amendments (Chapters IV, V, VI, and VII) (MSC.123(75))

2002 Amendments (Resolution A.744(18)) (MSC.125(75))

2002 Amendments (Technical provisions for means of access for inspections) (MSC.133(76))

2002 Amendments (Chapters II-1, II-2, III, and XII) (MSC.134(76))

2002 Amendments (INF CODE) (MSC.135(76))

2002 Amendments (Chapters V, XI, and New Chapter XI-2) (CONF.5/32)

2003 Amendments (Chapter V) (MSC.142(77))

2003 Amendments (Resolution A.744(18)) (MSC.144(77))

2004 Amendments (Chapter II-1) (MSC.151(78))

2004 Amendments (Chapters III and IV) (MSC.152(78))

2004 Amendments (Chapter V) (MSC.153(78))

2004 (IMDG Code) Amendments (MSC.157(78))

2004 Amendments to the technical provisions for means of access for inspections (MSC.158(78))

2004 Standards and criteria for side structures of bulk carriers of single-skin construction (MSC.168(79))

2004 Standards for owners’ inspection and maintenance of bulk carrier hatch covers (MSC.169(79))

2004 Amendments (Chapters II-1, III, V, and XII) (MSC.170(79))

2004 Amendments (1998 FTP CODE) (MSC.173(79))

2004 Amendments (1994 HSC CODE) (MSC.174(79))

2004 Amendments (2000 HSC CODE) (MSC.175(79))

2004 Amendments (IBC CODE) (MSC.176(79))

2004 Amendments (IGC CODE) (MSC.177(79))

2004 Amendments (INF CODE) (MSC.178(79))

2004 Amendments (ISM CODE) (MSC.179(79))

2005 Amendments (MSC.194(80)): Annex 1 (Chapter II-1) and Annex 2 (Chapters II-1, II-2, VI, IX, XI-1, XI-2, and the amendments to the Appendix to the Annex to the Convention)

2005 Amendments (ISM CODE) (MSC.195(80))

2005 Amendments (ISPS CODE) (MSC.196(80))

2005 Amendments (Resolution A.744(18)) (MSC.197(80))

2006 Amendments (Chapter II-2) (MSC.201(81))

2006 Amendments (Chapter V) (MSC.202(81))

2006 Amendments (IMDG CODE) (MSC.205(81))

2006 Amendments (FSS CODE) (MSC.206(81))

2006 Amendments (LSA CODE) (MSC.207(81))

2006 Amendments (Resolution A.739(18)) (MSC.208(81))

2006 Performance standard for protective coatings for dedicated seawater ballast tanks in all types of ships and double-side skin spaces of bulk carriers (MSC.215(82))

2006 Amendments (MSC.216(82)): Annex 1 (Chapters II-1, II-2, III, XII, and Appendix), Annex 2 (Chapter II-1), and Annex 3 (Chapters II-1, II-2, and III)

2006 Amendments (FSS CODE) (MSC.217(82)): Annex 1 (Chapters 4, 6, 7, and 9) and Annex 2 (Chapter 9)

2006 Amendments (LSA CODE) (MSC.218(82))

2006 Amendments (IBC CODE) (MSC.219(82))

2006 Amendments (IGC CODE) (MSC.220(82))

2006 Amendments (1994 HSC CODE) (MSC.221(82))

2006 Amendments (2000 HSC CODE) (MSC.222(82))

2007 Amendments to the Convention (Chapters IV, VI, and Appendix) (MSC.239(83))

2007 Amendments (INF Code) (MSC.241(83))

2008 (Casualty Investigation Code) (MSC.255(84))

2008 Amendments (Chapters II-1, II-2, III, IV, and Appendix) (MSC.256(84))

2008 Amendments (Chapter XI-1) (MSC.257(84))

2008 Amendments (1994 HSC CODE) (MSC.259(84))

2008 Amendments (2000 HSC CODE) (MSC.260(84))

2008 Amendments (Resolution A.744(18)) (MSC.261(84))

2008 Amendments (IMDG CODE) (MSC.262(84))

2008 Adoption of the 2008 IS Code (MSC.267(85))

2008 Adoption of the International Maritime Solid Bulk Cargoes (IMSBC CODE) (MSC.268(85))

2008 Amendments (MSC.269(85)): Annex 1 (Chapters II-1, II-2) and Annex 2 (Chapters II-2, VI, and VII)

2008 Amendments (2000 HSC CODE) (MSC.271(85))

2008 Amendments (LSA CODE) (MSC.272(85))

2008 Amendments (ISM CODE) (MSC.273(85))

2009 Amendments (Chapters II-1, V, VI) (MSC.282.(86))

2010 Adoption of the International Goal-based Ship Construction Standards for Bulk Carriers and Oil Tankers (MSC.287(87))

2010 Adoption of the Performance Standard for Protective Coatings for Cargo Oil Tanks of Crude Oil Tankers (MSC.288(87))

2010 Adoption of the Performance Standard for Protective Coatings for Alternative Means of Corrosion Protection for Cargo Oil Tanks of Crude Oil Tankers (MSC.289(87))

2010 Amendments (Chapter II-1) (MSC.290(87))

2010 Amendments (Chapter II-1 and II-2) (MSC.291(87))

2010 Amendments (FSS CODE) (MSC.292(87))

2010 Amendments (LSA Code) (MSC.293(87))

2010 Amendments (IMDG Code) (MSC.294(87))

2010 Adoption 2010 FTP Code (MSC.307(88))

2010 Amendments (Chapters II-1, II-2, V, and Appendix) (MSC.308(88))

2010 Amendments (FSS Code) (MSC.311(88))

2011 Amendments (Chapter III) (MSC.317(89))

2011 Amendments (IMSBC) CODE (MSC.318(89))

2011 Amendments (LSA Code) (MSC.320(89))

2012 Amendments (Chapter II-1, III, V, VI, VII, and XI-1) (MSC.325(90))

2012 Amendments (2000 HSC CODE) (MSC.326(90))

2012 Amendments (FSS CODE) (MSC.327(90))

2012 Amendments (IMDG CODE) (MSC.328(90))

2012 Amendments (Chapters II-1, II-2, III, and Appendix) (MSC.338(91))

2012 Amendments (FSS Code) (MSC.339(91))

2012 Amendments (IBC CODE) (MSC.340(91))

2012 Amendments to the Performance standard for protective coatings for dedicated seawater ballast tanks in all types of ships and double-side skin spaces of bulk carriers (MSC.341(91))

2012 Amendments to the Performance standard for protective coatings for cargo oil tanks of crude oil tankers (MSC.342(91))

2013 Amendments (Chapters III, V, and XI-1)) (MSC.350(92))

2013 Amendments (1994 HSC CODE) (MSC.351(92))

2013 Amendments (2000 HSC CODE) ((MSC.352(92))

2013 Amendments (ISM CODE) (MSC.353(92))

2013 Amendments (IMSBC) CODE (MSC.354(92))

2014 Amendments (Chapters II-1 and II-2) (MSC.365(93))

2014 Amendments (New Chapter XIII added) (to make the use of the III Code mandatory) (MSC.366(93))

2014 Amendments (FSS CODE) (MSC.367(93))

2014 Amendments (LSA CODE) (MSC.368(93))

2014 Amendments (IBC CODE) (MSC.369(93))

2014 Amendments (IGC CODE) (MSC.370(93))

2014 Amendments (2011 ESP CODE) (MSC.371(93))

2014 Amendments (IMDG CODE) (MSC.372(93))

2014 Amendments (Chapters II-2, VI, and XI-1, and Appendix) (MSC.380(94))

2014 Amendments (2011 ESP CODE) (MSC.381(94))

2014 Amendments (New Chapter XIV to make use of the Safety Provisions of the Polar Code mandatory) (MSC.386(94))

2015 Amendments (Chapters II-1, II-2, and Appendix) (MSC.392(95))

2015 Amendments (IMSBC) CODE (MSC.393(95))

2016 Adoption of the Requirements for maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances, and release gear (MSC.402(96))

2016 Amendments (FSS CODE) (MSC.403(96))

2016 Amendments (Chapters II-1 and III) (MSC.404(96))

2016 Amendments (2011 ESP CODE) (MSC.405(96))

2016 Amendments (IMDG CODE) (MSC.406(96))

2016 Amendments (Chapters II-1, II-2, III, and XI-1) (MSC.409(97))

2016 Amendments (FSS CODE) (MSC.410(97))

2016 Amendments (IGC CODE) (MSC.411(97))

2016 Amendments (2011 ESP CODE) (MSC.412(97))

2016 Amendments (2008 IS CODE) (MSC.413(97))

2017 Amendments (Chapters II-1, II-2, III, and Appendix to the Annex) (MSC.421(98))

2017 Amendments (IGF CODE) (MSC.422(98))

2017 Amendments (1994 HSC CODE) (MSC.423(98))

2017 Amendments (2000 HSC CODE) (MSC.424(98))

2017 Amendments (LSA CODE) (MSC.425(98))

2017 Amendments (IMSBC) CODE (MSC.426(98))

2018 Amendments (Chapter II-1, IV, and Appendix) (MSC.436(99))

2018 Amendments (2010 FTP CODE) (MSC.437(99))

2018 Amendments (1994 HSC CODE) (MSC.438(99))

2018 Amendments (2000 HSC CODE) (MSC.439(99))

2018 Amendments (IBC CODE) (MSC.440(99))

2018 Amendments (IGC CODE) (MSC.441(99))

2018 Amendments (IMDG CODE) (MSC.442(99))

2018 Amendments (2008 IS CODE) (MSC.443(99))

2019 Amendments (IBC CODE) (Chapters 1, 15, 16, 17, 18, 19, and 21) (MSC.460(101))

2019 Amendments (ESP CODE) (MSC.461(101))

2019 Amendments (IMSBC CODE) (MSC.462(101))

Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974

1981 Amendments (Chapter II-1) (MSC.2(XLV))

1988 Amendments (GMDSS) (CONF/9)

2012 Amendments (Appendix) (MSC.343(91))

2015 Amendments (Appendix) (MSC.394(95))

Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974

2000 Amendments (Appendix to the Annex) (MSC.92(72))

2000 Amendments (Appendix to the Annex) (MSC.100(73))

2002 Amendments (Appendix to the Annex) (MSC.124(75))

2004 Amendments (Appendix to the Annex) (MSC.154(78))

2004 Amendments (Appendix to the Annex) (MSC.171(79))

2006 Amendments (Appendix to the Annex) (MSC.227(82))

2007 Amendments (Appendix to the Annex) (MSC.240(83))

2008 Amendments (Appendix to the Annex) (MSC.258(84))

2009 Amendments (Appendix to the Annex) (MSC.283(86))

2010 Amendments (Appendix to the Annex) (MSC.309(88))

2012 Amendments (Appendix to the Annex) (MSC.344(91))

2015 Amendments (Appendix to the Annex) (MSC.395(95))

International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978

1991 Amendments (STCW Convention Chapters I, II, IV, and VI) (MSC.21(59))

1994 Amendments (STCW Convention Chapter V) (MSC.33(63))

1995 Amendments (Completely revised STCW Convention Annex Chapters I to VIII and STCW Code) (Conference Resolution 1)

1997 Amendments (STCW Convention Chapter V) (MSC.66(68))

1997 Amendments (STCW Code) (MSC.67(68))

1998 Amendments (STCW Code) (MSC.78(70))

2004 Amendments (STCW Code) (MSC.156(78))

2004 Amendments (STCW Code) (MSC.180(79))

2006 Amendments (STCW Convention Chapters I and VI) (MSC.203(81))

2006 Amendments (STCW Code) (MSC.209(81))

2010 Manila Amendments (STCW Convention and STCW Code) (STCW/CONF.2/33)

2014 Amendments (STCW Convention Chapter I) (To make the use of the III Code Mandatory) (MSC.373(93))

2014 Amendments (STCW Code) (MSC.374(93))

2015 Amendments (STCW Convention Chapters I and V) (MSC.396(95))

2015 Amendments (STCW Code) (MSC.397(95))

2016 Amendments (STCW Convention Chapters I and V) (MSC.416(97))

2016 Amendments (STCW Code) (MSC.417(97))

International Convention on the International Mobile Satellite Organization, 1976

1985 Amendments (aeronautical-satellite communications)

1989 Amendments (land-mobile-satellite communications)

1998 Amendments (restructuring of the Organization)

International Convention on Maritime Search and Rescue, 1979

1998 Amendments (Revised Annex) (MSC.70(69))

2004 Amendments (Chapters II, III, and IV) (MSC.155(78))

International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995
Maritime Labour Convention, 2006

2014 Amendments

2016 Amendments

2018 Amendments

Definitions of terms used in this schedule

In this schedule,—

1994 HSC Code means the International Code of Safety for High-Speed Craft, 1994

1998 FTP Code means the International Code for Application of Fire Test Procedures, 1998

2000 HSC Code means the International Code of Safety for High-Speed Craft, 2000

2008 IS Code means the International Code on Intact Stability, 2008

2010 FTP Code means the International Code for Application of Fire Test Procedures, 2010

2011 ESP Code means the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011

Casualty Investigation Code means the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident

FSS Code means the International Code for Fire Safety Systems

GMDSS means the Global Maritime Distress and Safety System

IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk

IGC Code means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk

IGF Code means the International Code of Safety for Ships Using Gases or Other Low-Flashpoint Fuels

III Code means the IMO Instruments Implementation Code

IMDG Code means the International Maritime Dangerous Goods Code

IMO means the International Maritime Organization

IMSBC Code means the International Maritime Solid Bulk Cargoes Code

INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium, and High-Level Radioactive Wastes on Board Ships

ISM Code means the International Management Code for the Safe Operation of Ships and for Pollution Prevention

ISPS Code means the International Ship and Port Facility Security Code

LSA Code means the International Life-Saving Appliance Code

MSC means the Maritime Safety Committee that deals with all matters related to maritime safety and maritime security that fall within the scope of IMO, covering both passenger ships and all kinds of cargo ships. This includes updating the SOLAS Convention and related codes, as well as amendments to the STCW Convention

Polar Code means the International Code for Ships Operating in Polar Waters

STCW Code means the Seafarers’ Training, Certification, and Watchkeeping Code, as amended.

Rachel Hayward,
 for Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 26 November 2021, amends the Maritime Transport Act (Conventions) Order 1994 (the principal order).

This order replaces clause 2 and the Schedule of the principal order. New clause 2 declares international conventions (the instruments) specified in the new Schedule to be maritime transport conventions for the purposes of Parts 1 to 15 of the Maritime Transport Act 1994. New clause 2 also declares amendments to the instruments specified in the new Schedule to be a part of those instruments for the same purposes.

Authoritative information on the dates of entry into force for New Zealand of the maritime transport conventions and relevant amendments to them can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 25 November 2021.

This order is administered by the Ministry of Transport.