New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 270

270 Issue of marine protection documents and recognition of documents

1 After considering any application under section 269 , the Director shall, as soon as practicable, grant the application if he or she is satisfied that—

a) all things in respect of which the document is sought or, in the case of an application for recognition of a document as a marine protection document, the document, meet, meets, or will meet (as the case may be) any relevant prescribed requirements; and

b) the applicant, and any person who is to have or is likely to have control over the exercise of the privileges under the document, meet any prescribed requirements.

2 For the purpose of granting or renewing a marine protection document, or recognising a document as a marine protection document, the Director may, subject to any provisions in the marine protection rules, recognise such qualifications or certifications as he or she considers appropriate in each case.

3 In no case shall the Director recognise foreign qualifications or foreign certificates where—

a) the requirements to gain such qualifications or to obtain such certificates are less than the requirements to gain similar qualifications or to obtain similar certificates in New Zealand; and

b) the Director believes that to recognise such qualifications or certificates might pose a risk or danger to the marine environment.

4 Where a licence, permit, certificate, or other document is recognised by the Director under this section, the Director shall either—

a) issue an equivalent marine protection document under this section; or

b) notify in writing such recognition.

5 Where the Director declines to grant an application under section 269 , the applicant may appeal against that decision to the District Court under section 424 .

6 Nothing in this section applies in respect of any ship, crew, or marine protection product in respect of which section 271 applies.

Note: 1990 No 98 s 9 ; 1992 No 75 s 6

History: Section 270(5): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).