New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 39

39 Matters to be taken into account in making maritime rules

1 Maritime rules and emergency maritime rules shall not be inconsistent with international standards relating to maritime safety, and the health and welfare of seafarers, to the extent adopted by New Zealand.

2 In making any maritime rule, the Minister, the Governor-General, or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:

a) the recommended international practices relating to maritime safety and to the health and welfare of seafarers:

b) the level of risk existing to maritime safety in each proposed activity or service:

c) the nature of the particular activity or service for which the rule is being established:

d) the level of risk existing to maritime safety in New Zealand in general:

e) the need to maintain and improve maritime safety and security, including (but not limited to) personal security:

f) whether the proposed rule—

i) assists economic development:

ii) improves access and mobility:

iii) promotes and protects public health:

iv) ensures environmental sustainability:

fa) the costs of implementing measures for which the rule is being proposed:

g) the international circumstances in respect of maritime safety:

h) such other matters as the Minister, the Governor-General, or the Director, as the case may be, considers appropriate in the circumstances.

Note: 1990 No 98 s 33

History: Section 39(1): amended, on 23 October 2013, by section 11(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).   Section 39(2): amended, on 23 October 2013, by section 11(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 39(2)(e): substituted, on 1 December 2004, by section 6 of the Maritime Transport Amendment Act 2004 (2004 No 98).     Section 39(2)(f): substituted, on 1 December 2004, by section 6 of the Maritime Transport Amendment Act 2004 (2004 No 98).     Section 39(2)(fa): inserted, on 1 December 2004, by section 6 of the Maritime Transport Amendment Act 2004 (2004 No 98).     Section 39(2)(h): amended, on 23 October 2013, by section 11(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).