New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 395

395 Director may grant exemptions from marine protection rules

1 The Director may, if the Director thinks it appropriate,—

a) exempt 1 or more named or specified persons, ships, marine protection products, offshore installations, pipelines, reception facilities, items of real or personal property, or other things from 1 or more specified requirements in a marine protection rule; or

b) exempt any class of person, ship, marine protection product, offshore installation, pipeline, reception facility, real or personal property, or other thing from 1 or more specified requirements in a marine protection rule.

2 The Director must not grant an exemption unless satisfied that—

a) granting the exemption will not breach New Zealand’s obligations under any convention; and

b) one of the following applies:

i) the requirement has been substantially complied with and further compliance is unnecessary:

ii) the manner in which the requirement has been, or is sought to be, fulfilled is as effective as or more effective than actual compliance with the requirement:

iii) the requirement is clearly unreasonable or inappropriate in this particular case:

iiia) compliance with the requirement could impede research into the development of emission reduction and control technologies and engine design programmes in relation to ships:

iv) events have occurred that make the requirement unnecessary or inappropriate in this particular case; and

c) the risk to safety will not be significantly increased by granting the exemption; and

d) the granting of the exemption will not significantly increase the risk of harm,—

i) for a marine protection rule on ballast water or for the purposes of implementing Annex VI, to the environment, human health, property, or resources; or

ii) for any other marine protection rule, to the marine environment.

3 The power under subsection (1) must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted.

4 This section does not limit or affect any other power of exemption conferred on any person under this Act or any other maritime Act.

5 Sections 40AA(5), (7), and (8) and 40AB apply with any necessary modifications to exemptions granted under subsection (1), but, to avoid doubt, the definition of class exemption in section 40AA(8) must be read as referring to a class exemption granted under subsection (1)(b).

6 An exemption granted under subsection (1)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 395: replaced, on 1 April 2021, by section 40 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).   Section 395(2)(b)(iiia): inserted, on 16 November 2021, by section 12(1) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).     Section 395(2)(d)(i): amended, on 16 November 2021, by section 12(2) of the Maritime Transport (MARPOL Annex VI) Amendment Act 2021 (2021 No 45).