New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 468

468 Savings relating to Shipping and Seamen Act 1952

1 Any proceeding, action, or investigation commenced under—

a) the Shipping and Seamen Act 1952 ; or

b) any regulations, rules, or order revoked by section 202 ,—

that is pending or in progress immediately before the commencement of this section, may be continued, completed, or enforced, as the case may require, as if that Act had not been repealed, or those regulations or rules or that order had not been revoked, by the said section 202.

2 Any proceeding, action, or investigation commenced under any regulations, rules, or order deemed by section 204 to have been made under this Act, that is pending or in progress immediately before the expiry of that section under section 205 , may be continued, completed, or enforced, as the case may require, after the expiry of the said section 204 as if that section had not expired.

3 Any proceeding, action, or investigation commenced under any regulations, rules, or orders deemed by section 204 to have been made under this Act, that is pending or in progress immediately before the date of the revocation of those regulations, rules, or that order under subsection (2) of that section (where such revocation takes effect before the expiry of that section), may be continued, completed, or enforced, as the case may require, as if those regulations or rules or that order had not been revoked under that section.

4 Any proceeding, action, or investigation commenced under Part 10 or Part 11 or Part 12 , that is pending or in progress immediately before the expiry of that Part under section 187 , may be continued, completed, or enforced, as the case may require, as if that Part had not expired under that section.

5 Every licence, certificate, permit, authorisation, approval, or other document issued, recognised, or accepted by or under the Shipping and Seamen Act 1952 , or any regulations or rules or order made under that Act, shall,—

a) if issued, recognised, or accepted by the Minister, the Authority, the Director, or any employee of the Authority, or by any person or organisation acting pursuant to and in accordance with authority delegated under any enactment; and

b) if in force immediately before the repeal of that Act by section 202(1) ,—

be deemed to be issued, recognised, or accepted, as the case may be, as a maritime document under Part 5 .

6 Every certificate declared by Order in Council made under section 18 of the Shipping and Seamen Act 1952 to be of the same force as a certificate of a specified kind or grade under that Act shall, if in force immediately before the repeal of that Act by section 202(1) , be deemed to be recognised as a maritime document under Part 5 .

7 Every licence, certificate, permit, authorisation, approval, or other document—

a) issued, recognised, or accepted under any regulations, rules, or order deemed by section 204 to have been made under this Act; and

b) either—

i) in force immediately before the commencement of that section; or

ii) issued, recognised, or accepted on or after the commencement of that section—

shall be deemed to be issued, recognised, or accepted, as the case may be, as a maritime document under Part 5 and, until revoked under this Act, shall continue to have effect accordingly after the expiry of those regulations or rules or that order under section 205 or the sooner revocation of those regulations or rules or that order.

8 Every licence, certificate, permit, authorisation, approval, or other document issued, recognised, or accepted by or under Part 10 or Part 11 or Part 12 and in force immediately before the expiry of that Part under section 187 shall, after the expiry of that Part, have effect as a maritime document under Part 5 until revoked under this Act, as if that Part had not expired.

9 In the case of any person who was, immediately before the commencement of this Act, a suspended person as defined in section 40A of the Shipping and Seamen Act 1952 , the following provisions shall apply:

a) if the person is required by or under this Act to hold any maritime documents, the maritime documents (if any) held by that person shall be deemed to be suspended under section 43 :

b) in any other case, the person is deemed to be suspended under section 52 and that suspension is subject to the following provisions:

i) the person may apply to the Director for a direction lifting the suspension on the ground that the suspension under section 40A of the Shipping and Seamen Act 1952 is no longer relevant or it would be unduly harsh to treat the person as suspended under section 52:

ii) the Director may direct that the suspension be lifted, in which case section 52 no longer applies to that person:

iii) if the Director does not lift the suspension under subparagraph (ii), section 52 continues to apply to that person and nothing in this paragraph affects the right of appeal conferred by that section.

9A A person who is deemed to be suspended under subsection (9) may apply to the Director for a direction lifting the suspension on the ground that—

a) the suspension under section 40A of the Shipping and Seamen Act 1952 is no longer relevant; or

b) it would be unduly harsh that the person remain suspended under section 43 or 52 of this Act.

9B If an application is made under subsection (9A), the Director may—

a) direct that the suspension be lifted, in which case section 43 or 52 no longer applies to that person; or

b) decline to lift the suspension, in which case section 43 or 52 (including any relevant right of appeal) continues to apply to that person.

10 Notwithstanding the repeal of the Shipping and Seamen Act 1952 by section 202(1) , the Minister may exercise all the powers of the Minister under that Act in relation to money received under Part 2 of that Act prior to the commencement of this Act.

History: Section 468(9)(b): substituted, on 9 June 1999, by section 37 of the Maritime Transport Amendment Act 1999 (1999 No 68).   Section 468(9A): inserted, on 23 October 2013, by section 83 of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 468(9B): inserted, on 23 October 2013, by section 83 of the Maritime Transport Amendment Act 2013 (2013 No 84).