New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 50

50 Criteria for fit and proper person

1 For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, or under the maritime rules, the Director shall, having regard to the degree and nature of the person’s proposed involvement in maritime activities, 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) the person’s related experience (if any) within the transport industry:

c) the person’s knowledge of the applicable maritime regulatory requirements:

d) any history of physical or mental health problems or serious behavioural problems:

e) any conviction for any transport safety offence or for any offence relating to controlled drugs (as defined in the Misuse of Drugs Act 1975 ) or relating to any prescription medicine (as defined in the Medicines Act 1981 ), whether or not—

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

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

f) any conviction for any offence involving violence, or causing danger to any person, or criminal damage, whether or not—

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

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

g) any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any maritime rule.

2 The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.

3 The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,—

a) seek and receive such information (including medical reports) as the Director thinks fit; and

b) consider information obtained from any source.

4 Subsection (1) applies to a body corporate with the following modifications:

a) paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:

b) paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.

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), disclose that information to that person and, in accordance with section 51 , give that person a reasonable opportunity to refute or comment on it.

6 Nothing in subsection (5) shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

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 10

History: Section 50(7): substituted, on 15 December 2005, by section 6 of the Maritime Transport Amendment Act (No 2) 2005 (2005 No 108).   Section 50(7)(a)(i): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).     Section 50(7)(a)(ii): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).