New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 387

387 Marine protection rules relating to marine protection documents

1 The Minister may from time to time make marine protection rules requiring that a marine protection document be held by or in respect of all or any of the following:

a) New Zealand ships:

b) foreign ships:

c) offshore installations:

d)

e) marine incineration facilities:

f) oil transfer sites:

g) cargo loading and unloading terminals:

h) marine protection products:

i) reception facilities:

j) persons or organisations that provide—

i) maritime training; or

ii) the testing, inspection, audit, or certification of ships or marine protection products; or

iii) the design, manufacture, or maintenance of ships or marine protection products:

k) any other vessel, equipment, person, or organisation engaged or used in maritime activities or activities that, in the opinion of the Minister, relate to maritime activities.

2 Marine protection rules may provide for the recognition in writing by the Director of licences, permits, certificates, or other documents.

3 The requirements, standards, and application procedure for each marine protection document and the maximum period for which each document may be issued or recognised, as the case may be, shall be prescribed by the marine protection rules.

4 The marine protection rules may specify the requirements and criteria that must be satisfied in respect of the relevant insurance or other financial security for the Director to issue a certificate of insurance under section 363, 363A, or 385H .

4A Without limiting subsection (4), the marine protection rules may—

a) provide for the types of liability and the amount for which insurance or other financial security must be held for the purpose of section 385H (and may provide for different amounts for different types of liability); and

b) set requirements and criteria for regulated offshore installations that must be satisfied in respect of insurance or other financial security for the costs of complying with a marine oil spill contingency plan in accordance with section 313 .

5 Subject to any marine protection rules, a marine protection document may be issued or a document may be recognised as a marine protection document, as the case may be, by the Director for such specified period and subject to such conditions as the Director considers appropriate in each particular case.

6 Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424 .

7 Marine protection rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Note: 1990 No 98 s 7

History: Section 387(1)(d): repealed, on 31 October 2015, by section 47(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 (2013 No 85).   Section 387(4): amended, on 1 January 2020, by section 6(1) of the Maritime Transport (Offshore Installations) Amendment Act 2019 (2019 No 80).     Section 387(4): amended, on 1 October 2014, by section 98 of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 387(4A): inserted, on 1 January 2020, by section 6(2) of the Maritime Transport (Offshore Installations) Amendment Act 2019 (2019 No 80).     Section 387(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 387(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).