Maritime Transport Amendment Act (No 2) 2005

1: Title
1: This Act is the Maritime Transport Amendment Act (No 2) 2005.
2: In this Act, the Maritime Transport Act 1994 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) demise charter section 2(1) of the Ship Registration Act 1992 New Zealand-based operator
a: a New Zealand national who is ordinarily resident or carries on business in New Zealand; or
b: a New Zealand national who is ordinarily resident in New Zealand and any other person where the New Zealand national is in a position to control the exercise of the rights and powers of the charterers under the charterparty New Zealand national section 2(1) of the Ship Registration Act 1992 .
4: New
section 4A The principal Act is amended by inserting, after section 4
4A: Application of
Parts 3 and 5 Parts 3 and 5 section 42 section 198(1)(b)
5: Criteria for action under
section 43 44 Section 49 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
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 1993
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 27(1)(d) of that Act
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
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
6: Criteria for fit and proper person
Section 50 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
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 1993
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 27(1)(d) of that Act
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
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
7: Maritime Registry
Section 189
4: Subsection (3) Privacy Act 1993
8: Recovery in certain cases where marine safety charges not paid
Section 195(2) Collector Chief Executive of the New Zealand Customs Service
9: Coastal shipping
1: Section 198 subsection (1)
1: No ship shall carry coastal cargo, unless the ship is—
a: a New Zealand ship; or
b: a foreign ship on demise charter to a New Zealand-based operator who employs or engages a crew to work on board the ship under an employment agreement or contract for services governed by New Zealand law; or
c: a foreign ship that—
i: has disembarked at a port in New Zealand passengers who embarked at a foreign port or unloaded at a port in New Zealand goods loaded at a foreign port, and has not visited a foreign port since that disembarkation or unloading; or
ii: will, before departing from a port in New Zealand for a foreign port, disembark such passengers or unload such goods; or
d: a foreign ship that—
i: has embarked at a port in New Zealand passengers who are to be disembarked at a foreign port or loaded at a port in New Zealand goods to be unloaded at a foreign port, and has not visited a foreign port since that embarkation or loading; or
ii: will, before departing from a port in New Zealand for a foreign port, embark such passengers or load such goods.
2: Section 198(2) paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) paragraph (a), (b), (c), or (d) of subsection (1)
10: Criteria for action under
section 272 273 Section 276 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
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 1993
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 27(1)(d) of that Act
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
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
11: Preparation and review of response strategy
Section 283 every 3 years every 5 years