Maritime Transport Amendment Act 2004

1: Title
1: This Act is the Maritime Transport Amendment Act 2004.
2: In this Act, the Maritime Transport Act 1994 the principal Act
2: Commencement
1: Section 11
2: The rest of this Act comes into force on 1 December 2004.
3: Interpretation
1: Section 2(1) Minister Ministry
2: Section 2(1) Minister Ministry Secretary .
4: New
sections 5 5A The principal Act is amended by repealing section 5
5: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under the conventions are implemented.
5A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in maritime transport:
b: to promote protection of the marine environment:
c: to administer New Zealand's participation in the conventions and any other international maritime or marine protection convention, agreement, or understanding to which the Government of New Zealand is a party:
d: to ensure New Zealand's preparedness for, and ability to respond to, marine oil pollution spills:
e: to make maritime rules and marine protection rules under this Act.
5: Maritime rules relating to other matters
Section 36(1) paragraph (v)
v: assisting maritime safety and security, including (but not limited to) personal security:
w: assisting economic development:
x: improving access and mobility:
y: protecting and promoting public health:
z: ensuring environmental sustainability:
za: any matter related, or reasonably incidental, to any of the following:
i: the Minister's objectives under section 5
ii: the Minister's functions under section 5A
iii: the Authority's objective under section 430
iv: the Authority's functions under section 431
v: the Director's functions under section 439
zb: any other matter contemplated by a provision of this Act.
6: Matters to be taken into account in making maritime rules
Section 39(2) paragraphs (e) (f)
e: the need to maintain and improve maritime safety and security, including (but not limited to) personal security:
f: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: promotes and protects public health:
iv: ensures environmental sustainability:
fa: the costs of implementing measures for which the rule is being proposed: .
7: Matters to be taken into account in making marine protection rules
1: Section 392 paragraph (a)
a: the need to—
i: protect the marine environment:
ii: maintain and improve maritime safety:
ab: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: promotes and protects public health:
iv: ensures environmental sustainability: .
2: Section 392 paragraph (c)
c: the costs of implementing measures for which the rule is being proposed: .
8: New
section 430 The principal Act is amended by repealing section 430
430: Objective of Authority
The objective of the Authority is to undertake its safety, security, marine protection, and other functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system.
9: Functions of Authority
1: Section 431(1) In the furtherance of its principal objective, the Authority shall also have the following functions: The Authority has the following functions:
2: Section 431(1) paragraphs (a) to (d)
a: to promote maritime safety and security, and protection of the marine environment in New Zealand:
b: to promote maritime safety and security, and protection of the marine environment beyond New Zealand in accordance with New Zealand's international obligations: .
3: Section 431(1) paragraph (i)
i: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the Authority's functions and duties will not be compromised:
ia: to provide information and advice with respect to maritime transport and marine protection, and to foster appropriate information education programmes with respect to maritime transport and marine protection, that promote its objective: .
4: Section 431 Maritime Transport Act 1994
3: The Authority must, if directed by the Minister under section 14C of the Civil Aviation Act 1990
a: maintain and operate the search and rescue co-ordination centre established under section 14B(1)(a) of the Civil Aviation Act 1990
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a) of the Civil Aviation Act 1990
c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a) of the Civil Aviation Act 1990
d: exercise any or all of the powers of the Minister under section 14B(1)(b) and (c) and section 14B(2) of the Civil Aviation Act 1990
10: Director of Maritime Safety
Section 439 subsection (3)(b) ; 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.
11: Transitional provisions relating to references to Maritime Safety Authority and Director of Maritime Safety
1: Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, or notice, or in any other document in force immediately before the commencement of this section,—
a: every reference to the Maritime Safety Authority is, on and after that commencement, to be read as a reference to Maritime New Zealand:
b: every reference to the Director of Maritime Safety is, on and after that commencement, to be read as a reference to the Director of Maritime New Zealand.
2: The principal Act is amended in the manner indicated in Part 1
3: The Acts specified in Part 2
4: The regulations specified in Part 3
12: Transitional provisions relating to rules
1: Nothing in this Act affects the validity of a rule that—
a: was in force immediately before the commencement of this Act; or
b: has been made but is to come into force after the commencement of this Act.
2: If a notice to make a rule has been published under section 446(a)
a: the proposed rule may be made in accordance with the law in force immediately before that commencement; or
b: if the Minister so directs, a new rule may be prepared, notified, and made in accordance with the law in force on the commencement of this Act.