New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 52

52 Suspension from work

1 The Director may suspend from work on a New Zealand ship any person who is not required by this Act or regulations or rules made under this Act to be in possession of a maritime document, where—

a) the Director considers such action necessary in the interests of maritime safety; and

b) either—

i) the person is convicted for any offence relating to—

A) controlled drugs (as defined in the Misuse of Drugs Act 1975 ) or any prescription medicine (as defined in the Medicines Act 1981 ); or

B) violence, or causing danger to any person, or criminal damage,—

whether or not the conviction was in a New Zealand court or the offence was committed before the commencement of this Act; or

ii) the person has been dismissed from employment, which dismissal is related to violence, alcohol, or the use, supply, or possession of controlled drugs (as defined in the Misuse of Drugs Act 1975 ) or the misuse of any prescription medicine (as defined in the Medicines Act 1981 ).

2 If the Director suspends any person under subsection (1), the suspension remains in force until the earlier of—

a) the close of the 14th day after the date of the imposition of the suspension; and

b) the date the Director notifies the person in accordance with subsection (2A) or section 51(2) .

2A Before the expiry of the 14-day period referred to in subsection (2), the Director may—

a) lift the suspension, with or without conditions, or extend the period of the suspension by a specified further period:

b) allow the person to return to work, subject to any conditions imposed by the Director, during the suspension or specified further period of suspension.

2B If the Director proposes to suspend a person, the Director must give the person notice under section 51 , which applies as if the proposed suspension were a proposed adverse decision under that section.

3 The Director may suspend a person under this section for any period the Director thinks fit and may impose such conditions on that person's return to work as the Director thinks fit.

4 The Director shall maintain a list of persons suspended under this section, and employers of seafarers or potential employers of seafarers may ask the Director to ascertain whether a particular person is a suspended person and the Director shall advise that employer or potential employer accordingly.

5 A person who is the subject of a decision under this section may appeal the decision to the District Court under section 424 .

History: Section 52 heading: amended, on 23 October 2013, by section 16(1) of the Maritime Transport Amendment Act 2013 (2013 No 84).   Section 52(1): amended, on 23 October 2013, by section 16(2) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 52(2): replaced, on 23 October 2013, by section 16(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 52(2A): inserted, on 23 October 2013, by section 16(3) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 52(2B): replaced, on 14 November 2018, by section 154(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).     Section 52(3): amended, on 23 October 2013, by section 16(4) of the Maritime Transport Amendment Act 2013 (2013 No 84).     Section 52(5): replaced, on 14 November 2018, by section 154(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).