New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 49

49 Criteria for action under section 43 or section 44

1 The provisions of this section shall apply for the purpose of determining whether a maritime document, or recognition of a document as a maritime document, should be suspended or made subject to conditions under section 43 or revoked under section 44 .

2 Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:

a) the person’s compliance history with transport safety regulatory requirements:

b) any conviction for any transport safety offence, whether or not—

i) the conviction was in a New Zealand court; or

ii) the offence was committed before the commencement of this Act:

c) any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule made under this Act.

3 The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

4 The Director may—

a) seek and receive such information as the Director thinks fit; or

b) consider information obtained from any source.

5 If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

6 Nothing in subsection (5) shall require the Director to—

a) disclose any information the disclosure of which would be likely to endanger the safety of any person; or

b) disclose any information before—

i) suspending a maritime document or suspending the recognition of a document as a maritime document; or

ii) imposing conditions in respect of a maritime document under section 43 .

7 If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and the following provisions apply:

a) in the case of non-disclosure to an individual of information about the individual,—

i) the Director must inform the individual that he or she may, under the Privacy Act 2020 , complain to the Privacy Commissioner about that non-disclosure; and

ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)(a)(i) of that Act ; and

b) in any other case,—

i) the Director must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982 ; and

ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act .

Note: 1990 No 98 s 19

History: Section 49(7): substituted, on 15 December 2005, by section 5 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).   Section 49(7)(a)(i): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).     Section 49(7)(a)(ii): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).