New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 439

439 Director of Maritime New Zealand

1 The Authority shall from time to time appoint a chief executive of the Authority, who shall be known as the Director of Maritime New Zealand.

2 The Director shall have and may exercise such functions and powers as may be conferred or imposed on the Director by this Act or any other Act, or regulations or rules made under this Act or any other Act, and such functions and powers as may be delegated to the Director by the Authority under section 73 of the Crown Entities Act 2004 or any other Act.

3 Without limiting subsection (2), the Director shall—

a) exercise control over entry into the maritime transport system through the granting of maritime documents and marine protection documents under this Act or any other Act; and

b) take such action as may be appropriate in the public interest to enforce the provisions of this Act or any other Act, and of regulations and rules made under this Act or any other Act, including the carrying out or requiring of inspections and audits; and

c) monitor adherence, within the maritime transport system, to any regulatory requirements relating to—

i) safety and security, including (but not limited to) personal security:

ii) access and mobility:

iii) public health:

iv) environmental sustainability:

v) any other matter; and

d) ensure regular reviews of the maritime transport system to promote the improvement and development of its safety and security; and

e) promote compliance with safety and maritime pollution standards in the maritime transport system.

4 In performing or exercising any functions or powers in relation to—

a) the granting of maritime or marine protection documents; or

b) the suspension of maritime or marine protection documents; or

c) the revocation of maritime or marine protection documents; or

d) the granting of exemptions; or

e) the enforcement of the provisions of this Act or any other Act, or of rules or regulations made under any such Act,—

in respect of any particular case, the Director shall act independently and shall not be responsible to the Minister or the Authority for the performance or exercise of such functions or powers.

Note: 1993 No 89 s 13

Section 439 heading: amended, on 1 July 2005, by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).   Section 439(1): amended, on 1 July 2005, by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).     Section 439(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 439(3)(b): amended, on 1 December 2004, by section 10 of the Maritime Transport Amendment Act 2004 (2004 No 98).     Section 439(3)(c): added, on 1 December 2004, by section 10 of the Maritime Transport Amendment Act 2004 (2004 No 98).     Section 439(3)(d): added, on 1 December 2004, by section 10 of the Maritime Transport Amendment Act 2004 (2004 No 98).     Section 439(3)(e): added, on 1 December 2004, by section 10 of the Maritime Transport Amendment Act 2004 (2004 No 98).